TERMS AND CONDITIONS
In these Terms and Conditions, the following words have the following meanings:-
This Agreement: these Terms and Conditions and the information set out in the Agreement.
The Account: is created by You when enquiring on the Website.
Baggage Straps; for use with Other Items to allow for product identification, using details as provided by You
Business Day: a day other than Saturday, Sunday or a day on which banks are authorised to close in the UK.
Commencement Date: the date specified in the Agreement.
Condition: when mentioned may mean part or all of the Condition referred to.
Due Date: the date specified in the Agreement and the corresponding date in each period
specified in the Agreement.
The Goods: anything You store in the Plastic Box or any Other Items stored as detailed on the list of Other Items.
Insurance Costs/Cover: where a policy of Insurance has been arranged by Us, the amount specified in the Storage Licence Agreement is made up of premium paid to the Underwriter, Insurance Premium Tax and Our administrative costs.
Order: A single request for our Service(s) as provided under the Agreement.
Our Fees: the rental Rate specified in the Agreement which does include VAT, shall be paid by You where it is or becomes applicable.
Other Items: any additional items that Box Storage For Me agree to store (as listed on the Website) at any time during this agreement, including but not limited to items that will not fit into the Plastic Box.
Password: the unique and confidential identifier to be used by You to access the Website, created by You as part of Your Account creation process
Packaging Materials: items provided by, and considered suitable by Us for use with the packing of the Goods in the Plastic Boxes.
Plastic Box: the storage Plastic Box specified in the Agreement the term ‘Plastic Box’ can mean a single storage Plastic Box or multiple storage Plastic Boxes.
Premium: where a policy of Insurance has been arranged on Your behalf by Us, the Premium is the amount payable by You in respect of such policy of Insurance, which We will collect as agent for and on behalf of the Insurer.
Prompt Payment: in respect of payment of each and every sum due under this Agreement, payment on the Due Date or if the Due Date is not a Business Day, then on the next Business Day following the Due Date.
Rate(s): the value put on the Service(s) and associated items offered by Box Storage For Me as described and offered on the Website.
Service(s): means storage, Plastic Box rental and transport services, and other Services as described and offered on the Website.
Storage Facility: the premises on which the Goods are stored by Us.
Tamper Proof Seals: seals for use with Plastic Boxes to identify any instance of tampering whilst in transit or storage.
Termination Date: date of termination of the Agreement in accordance with Conditions 18 and 19.
Terms and Conditions: the Conditions of the Agreement.
Username: the unique identifier to be used by You to access the Website, created by You as part of Your Account creation process. This Username will be the email address provided by You for contact purposes between Us and You.
VAT: Value Added Tax
We, Us, Our: the storage provider named in the Agreement.
Website: The internet website provided by Box Storage For Me for use by You to access Your Account and place Orders under the terms of the Agreement.
You, Your: the customer named in the Agreement or Your authorised representative, whether You are a private individual (a consumer) or a business, public body or commercial entity.
1. This Agreement
- This Agreement is made between Box Storage For Me (a trading name of Access Self Storage Limited – a company registered in England, registration number 05526726, with its registered office at 93 Park Lane, London, W1K 7TB) and You, being the person wishing to Use the Service(s) and enters into this Agreement by accepting these Terms and Conditions of Service (“You” and “Your”). You must be at least 18 years old to Use the Service. Refer to Condition 19 for full explanation of Termination of the Agreement.
2. Business Customers
This Condition only applies if you are a business customer, in that;
- you confirm that You have authority to bind any business on whose behalf you procure and use the Services or Packaging Materials offered on the Website by Us.
- You acknowledge that this Agreement constitutes the entire agreement between the business and Us and supersedes any and all prior agreements, promises, assurances, warranties, representations and understandings between the business and Us, whether written or oral, relating to this subject matter.
- You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance, warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.
- You acknowledge that nothing in the Condition shall exclude liability for either party’s fraudulent misrepresentation.
- You acknowledge that nothing in this Condition shall prohibit the application of other applicable Conditions within this Agreement.
3. Scope of the Service
So long as Our Fees are paid up to date, as and when requested by You, Box Storage for Me shall;
- where You request, deliver one or more empty Plastic Boxes and other packing materials to Your specified delivery address no sooner than the 4th working day (Monday to Friday and excluding Public Holidays) after You order them from Us
- collect the Plastic Boxes packed with Your Goods from Your specified collection address on the collection date chosen by You on the Website, provided such date is no sooner than the 4th working day (Monday to Friday and excluding Public Holidays) after You request such collection from Us
- transport the Plastic Boxes packed with Your Goods to the secure Storage Facility operated by Box Storage for Me and store them there
- return each Plastic Box packed with Your Goods to Your specified return address on the date chosen by You on the Website no sooner than the 5th working day (Monday to Friday and excluding Public Holidays) after You request such delivery from Us
- collect the empty Plastic Boxes within 14 days of the return date, with the Condition that;
- Plastic Boxes that are not available for Us to collect as Condition 3.1.5 above will be deemed as lost and You will be charged a fee (see “The Additional Charges Schedule” in these Terms & Conditions).
- not be responsible for any events outside of the reasonable control of Box Storage For Me, including but not limited to adverse weather conditions, road traffic conditions that may result in the occasional late or cancelled delivery or collection, and no such event shall not Us liable for any delay in, or cancellation of delivery or collection.
- provide a standard delivery and collection Service which is available in specified areas from Monday to Friday between the hours of 08:00 to 18:00. Any requests for a delivery or collection outside of these standard hours may be granted and an additional fee applied (see “The Additional Charges Schedule” in these Terms & Conditions).
- Box Storage For Me will not be responsible for;
- dismantling any unit, system, furniture (including flat packs) or any other item
- disconnecting, reconnecting, dismantling or reassembling any appliance, fixture, fitting or equipment
- packing any Goods into Plastic Boxes
- unpacking any Goods out of Plastic Boxes.
- maintain the Website to enable You access to Your Account and the Services made available by Box Storage For Me therein, notwithstanding Conditions 19.6 and 19.7.
4. Your Responsibilities
You must (and You shall procure that Your agents must);
- confirm that throughout this Agreement, the Goods stored from time to time are Your own property or that the person who owns or has an interest in them has given You irrevocable authority to store the Goods on the terms and Conditions in this Agreement and that You act as a duly authorised agent of any such person. You also confirm that all taxes and duties have been paid on the Goods, and are responsible for any breach of Customs regulations relating to the Goods. If Your confirmation is or becomes untrue, You shall reimburse Us an amount equal to any loss or damage suffered by Us as a result of Your confirmation regarding the true ownership of the Goods being or becoming untrue, and Our damages shall include any loss, damage or expenses incurred by Us (including any reasonably incurred legal fees) arising from any claim, step or action taken by any person who owns or has an interest in the Goods or claims to do so
- be responsible to set up an Account and You will be required to choose a Password as part of the registration process. Your Username will be the email address provided by You for contact purposes between Us and You
- not divulge any confidential information or data relevant to the Service(s), including but not limited to Your account Username and Password and be responsible for all activities that occur under Your Account
- notify Us promptly if You become aware or suspect that Your Username and Password have become known to someone else
- inform Us immediately of any change to Your personal details, specifically address, email (electronic mail) address or telephone numbers
- be aware of the availability of Our standard Service, and notify us in a reasonable time and fashion should You wish to request a Service outside of this standard
- inform Us immediately of any damage or defect to the Plastic Box or Other Items
- act in a socially responsible manner towards Us and Our agents and observe all Box Storage For Me rules and regulations
- adhere to and abide by notices issued by Us from time to time or to which You may be directed by any of Our employees, agents or contractors
- be responsible for checking that any Tamper Proof Seal(s) and Baggage Straps are secured so that the Plastic Box cannot be opened without the Tamper Proof Seal(s) being broken as is the normal process of removal, and that Other Items are identifiable as being part of Your order. We will not be responsible for securing any Tamper Proof Seal(s)to Your Plastic Boxes or Baggage Straps to Your Other Items. We will not collect any Plastic Boxes that are not secured with Tamper Proof Seal(s) or Other Items without attached Baggage Straps
- ensure that the Goods have been securely packed into the Plastic Boxes so as not to cause damage or injury or the likelihood of damage or injury to the property of Box Storage For Me, Our employees or agents, contractors or other Goods, whether by causing damp, spreading infestation, leakage or the escape of fumes or substances or otherwise
- ensure that all Plastic Box lids can be closed fully flat to enable the safe collection and secure transportation of the Goods or Other Items
- be responsible for the accurate completion and retention of all necessary documentation and advices relevant to the Service
- ensure that the Plastic Box does not exceed in Weight 23 kgs
- be present at the designated time and duration of the delivery, collection and return of the Plastic Boxes or Other Items; Failure to be available will incur an additional charge as per “The Additional Charges Schedule” (in these Terms & Conditions) for any and all failed deliveries and/or collections
- provide sufficient and adequate vehicle access (and special instructions for general access as necessary) to enable Us to carry out the required Service(s). Failure to have provided for, or informed Us of insufficient and inadequate vehicle access will incur an additional charge as per “The Additional Charges Schedule” (in these Terms & Conditions) for any and all failed deliveries and/or collections (as per Condition 4.1.16)
- ensure that the collection and return documentation is signed for by You or Your representative
- ensure that only the required Goods or Other Items for storage are collected, and that all associated documentation completed and signed by You reflects accurately the amount and volume of Goods, Plastic Boxes and Other Items collected
- agree to examine the Goods carefully upon receipt of them, ensuring that all associated documentation completed and signed by You reflects accurately the amount and volume of Goods, Plastic Boxes and Other Items delivered and You must notify Us at the time, or within 48 hours of discovery of a loss or damage to Your property. Any delay in reporting losses or damage to Goods to Us could make it more difficult for Us to deal with Your claim
- not access the Website or use Box Storage For Me’s Services for any reason or in any way that is fraudulent or unlawful or that has the effect of being fraudulent or unlawful whether intended or not
- not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service
- not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service
- not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service, the Website or Box Storage For Me’s systems or networks, or any systems or networks connected to the Service or to Box Storage For Me or to the Website or use any other device, software or routine to interfere or attempt to interfere with the proper working of the Service or the Website or any transaction being conducted on the Website, or with any other person’s use of the Service or Website.
5. Storage Containers
- Box Storage For Me will provide Plastic Boxes for the use of You to pack your Goods (subject to the Conditions within this Agreement) free of charge, subject to You storing said Plastic Boxes with Us at our Storage Facility as per the Conditions within this Agreement (see Condition 9.14).
- Box Storage For Me will not accept, under any circumstances any storage container other than those supplied by Us.
- As per Conditions 4.1.11 and 4.1.12We reserve the right to accept or refuse any Goods that will not fit into a Plastic Box, even if such Goods have previously been accepted/declined as part of Your Order.
- Box Storage For Me reserves the right to apply an additional fee (see “The Additional Charges Schedule” in these Terms & Conditions) should Plastic Boxes be found to be in excess of our stated maximum weight limit of 23kg once packed and sealed by You.
- You must not (and You must not allow any other person to);
- attach anything to the internal or external surfaces of the Plastic Box or Other Items being stored or make any alteration to the Plastic Box outside of the relevant instructions in Condition 4
- cause any damage to the Plastic Box and if You cause any damage You must reimburse to Us the cost of each Plastic Box damaged at the Rate listed in “The Additional Charges Schedule” ( in these Terms & Conditions). Please note that if this Agreement terminates and if at the Termination Date You have not reimbursed to Us Our replacement costs, We shall be entitled to take payment for the outstanding account balance from Your authorised payment method
- leave anything in the Plastic Box(s), particularly rubbish or unwanted items, or cause any obstruction or undue hindrance in gaining access to the Goods when We collect or return them.
- Should You fail to observe Condition 5.5 We reserve the right to apply a charge for the necessary cleaning or repair of Plastic Boxes as necessary or, should the Plastic Box be deemed to be beyond repair, a fee for the destruction and replacement of the Plastic Box.
6. Packaging Materials
- Packaging Materials are supplied subject to the charges as shown on the Website.
- The images of Packaging Materials on the Website are for illustrative purposes only. Your Packaging Materials may vary slightly from those images.
- A single, initial delivery of Packaging Materials is offered by Us free of charge as part of the single free delivery of empty Plastic Boxes (Conditions 3.2), but any additional requests for delivery of such materials will be subject to the charge shown in “The Additional Charges Schedule” (in these Terms & Conditions).
- Box Storage For Me will not accept any return of Packaging Materials as per Condition 9.12.
7. The Goods
- Notwithstanding Condition 3.4, Box Storage For Me does not warrant that the Storage Facility used by Us is a suitable place or means of storage for any particular Goods.
- You must not store any of the following;
- food or perishable Goods unless securely packed so that they are protected from and do not attract vermin
- birds, fish, animals or any other creatures whether living or dead
- combustible or flammable materials, gasses or liquids such as paint, petrol, oil or cleaning solvents
- firearms, explosives, Weapons or ammunition
- chemicals, radioactive materials, biological agents
- toxic waste, asbestos or other materials of a potentially dangerous nature
- any item which does or could emit any fumes, smell or odour
- any illegal substances, illegal items or Goods illegally obtained
- compressed gases
- items requiring specialist storage, including but not limited to bullion, coin, stamps, bonds or securities, fine wines, precious stones, jewellery
- antiques and fine art unless specifically agreed with Us in writing, in advance of storing such Goods in the Plastic Box
- any actively powered electrical appliances or devices, or items containing batteries;
- any Goods that may detrimentally affect anything or anyone outside of Your Plastic Box(s)
- any Goods including, but not limited to those listed in this Condition which contravene in any way the laws of the United Kingdom or any other applicable regulation(s).
- Box Storage For Me reserves the right to vary the list of Prohibited Goods from time to time when We deem it necessary, and such variances will be displayed on the Website and may, if necessary be notified to You by email. You are responsible for regularly reviewing these Conditions, Terms and Notices.
- We reserve the right to refuse to deliver to You any Goods or accept delivery of Goods from You if in Our reasonable opinion;
- the safety of any person in Our service, or the security of the Website would be put at risk
- the Plastic Boxes may contain items within Condition 7.2.
8. Our Rights to open the Plastic Box
- You recognise and accept that We have no need, desire or requirement to access/open the Plastic Box(s) as part of Our Service. However, You agree to allow Us and Our agents and contractors to open the Plastic Box and We may break the Tamper Proof Seal(s), to gain entry;
- at any time without notifying You
- if We reasonably believe that the Plastic Box contains any items described in Condition 7.2 or is being Used in breach of Condition 7.3 or such entry is effected incidental to the exercise of Our powers pursuant to Condition 8.1.1
- If We are required to do so by the Police, Customs & Excise, Fire Services, Local Authority or by a Court Order, and where so ordered by said authorities pass any required items
- to obtain access in accordance with Condition 10
- to prevent injury or damage to persons or property
- if We reasonably consider that such entry is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property
- if we reasonably believe that inappropriate materials or process have been used by You to package the items, and where necessary may re-package the items at Your cost (see “The Additional Charges Schedule” in these Terms & Conditions).
- Where We have exercised Our rights to enter the Plastic Box pursuant to Condition 8.1 and in doing so We break Your Tamper Proof Seal(s), We will ensure that on Our closing of the Plastic Box, the Plastic Box is secured by means of a replacement Tamper Proof Seal(s), and in so doing may pass a charge for this to You (see “The Additional Charges Schedule” in these Terms & Conditions).
9. Charges and Payments
- Our standard charges are shown on the Website 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.
- It is a Condition that You provide Box Storage For Me with at least one valid credit or debit card before commencement of the Services and at all times thereafter until the Agreement is terminated.
- The debit, credit and charge cards accepted by Us are those listed on the Website on the date on which Your order is placed.
- Box Storage For Me (or any authorised third party engaged on its behalf) will save Your credit or debit card information in an encrypted format and Use it for all future charges (standard or additional) which will be automatically applied unless You notify Box Storage For Me via email to email@example.com.
- Please note that all payments made by You to Box Storage For Me under this Agreement will be processed by Our parent company, Access Self Storage, 93 Park Lane, London, W1K 7TB.
- You may choose to sign up to the Service on the Website either:
- on a rolling month by month basis or
- for a specified minimum period of months chosen by You.
- You shall pay to Box Storage For Me charges for the Service as follows;
- where You sign up to the Service on a rolling month by month basis, You shall pay Box Storage For Me’s standard Rates for the time being in force as detailed on the Website; or
- where You sign up for a specified minimum period of months, You shall pay Box Storage For Me’s set charge for the minimum period in advance as notified to You.
- Where You sign up to the Service for a specified minimum period of months, Box Storage For Me will email You at Your specified email address 14 days before the minimum period expires, and You will have the option to extend the Service for a further chosen specified period of months. If You do not choose to extend the Service, You shall either:
- terminate the Agreement in accordance with Condition 19.2.1; or
- be deemed to sign up to the Service on a rolling month by month basis and shall pay to Box Storage For Me charges for the Service at the standard Rate in accordance with Condition 9.7.1.
- Box Storage For Me’s charges are payable by credit card or debit card in advance as follows;
- charges for Box Storage For Me to send You empty Plastic Boxes and Packaging Materials (as required) will be payable when You place an Order on the Website.
- If You sign up to the Service on a rolling month by month basis as per Condition 9.7.1;
- charges for the first month’s storage and any charges for any higher level of Insurance Cover purchased as per Condition 11.2 will be payable when You place an Order on the Website
- charges for subsequent months storage and any charges for a higher level of Insurance Cover will be payable monthly on the same date that Your Plastic Boxes are collected from Your specified collection address for transit to Our Storage Facility
- charges for storage, and any charges for a higher level of Insurance Cover for the month in which Box Storage For Me returns the Plastic Boxes to You, will be payable in full when You arrange for Your Plastic Boxes to be returned (refer to Conditions 5 and 19.2.1.
- If You sign up to the Service for a specified minimum period of months as per Condition 9.7.2 and You request the return of all or any of the plastic Boxes before the end of the specified minimum period, You will be liable for all Fees, and any charges for a higher level of Insurance Cover for those Plastic Boxes up to the end of the agreed minimum period, and charges for the return of Your full Plastic Boxes. These Fees will be payable when You place an Order on the Website.
- Charges for Box Storage For Me to return Your Plastic Boxes to Your specified return address (the cost of which as notified to You when You placed the Order on the Website), are payable in full when;
- You arrange for Your Plastic Boxes to be returned (refer to Conditions 5 and 19.2.1), if You sign up to the Service on a rolling month by month basis as per Condition 9.7.1
- You place an Order on the Website if You sign up to the Service for a specified minimum period of months as per Condition 9.7.2
- Applicable charges are those specified on the Website at the time of placing an Order.
- Box Storage For Me reserves the right to apply additional charges (as listed in “The Additional Charges Schedule” in these Terms & Conditions) resulting from potentially (but not necessarily limited to);
- a failed collection or delivery of a Plastic Box exceeding the weight limit (refer to Condition 4.1.14)
- a failed collection or delivery or removal from storage of a Plastic Box containing Prohibited Goods listed in Condition 7.2
- a failed collection or delivery of a Plastic Box that has not been securely and properly packed (refer to Conditions 4.1.10, 4.1.11, 4.1.12 and 4.1.13)
- a failed collection or delivery due to You or someone authorised by You not being available at the premises at the specified time (refer to Condition 4.1.15)
- a failed collection or delivery due to insufficient access (refer to Condition 4.1.16)
- You providing insufficient or inaccurate address information (refer to Condition 4.1.5)
- delivery, collection or return of the Plastic Box taking over 15 minutes to complete from arrival at Your address through no fault of Box Storage For Me or its authorised carrier
- You request that delivery, collection or return of the Plastic Boxes be carried out outside of standard working hours (8.00am — 18.00pm Monday — Friday) and this request is granted
- any other reason due to Your failure to fulfil Your responsibilities under the Agreement.
- If You purchased Packaging Materials and no longer require them, Our policy is that no refunds will be available. Your statutory rights are not affected.
- A ‘Grace Period’ of two weeks is provided for;
- packing of empty Plastic Boxes prior to collection and transportation to Our Storage Facility. Once this Grace Period has expired, a daily Plastic Box rental charge shall apply for any period the Plastic Boxes have been in Your custody, including the Grace Period as set out in “The Additional Charges Schedule” in these Terms & Conditions;
- unpacking of full Plastic Boxes after transportation and delivery from Our Storage Facility back to Your nominated address. Once this Grace Period has expired, You will be deemed to have taken ownership of the Plastic Boxes, and will be charged accordingly as per the terms of Condition 3.6, at the Rate as set out in “The Additional Charges Schedule” in these Terms & Conditions.
- Box Storage For Me does not charge for Plastic Boxes on the condition that the Plastic Boxes are stored with Box Storage For Me. In the event that You do not store any Plastic Boxes with Box Storage For Me after 1 calendar month from the date of the Grace Period ending (as per Condition 9.13.1), You will be deemed to have taken ownership of the Plastic Boxes and will be charged accordingly as per the Rate as set out in “The Additional Charges Schedule” in these Terms & Conditions.
- One delivery/collection (as appropriate) is provided free for;
- delivery of empty boxes prior to You packing. If this group of Plastic Boxes is split into multiple deliveries, delivery charges will become due as set out in “The Additional Charges Schedule” in these Terms & Conditions;
- collection and transportation of full Plastic Boxes, after having been packed by You from Your nominated address to Our Storage Facility. If the group of Plastic Boxes is split into multiple collections, collection charges will become due as set out in “The Additional Charges Schedule” in these Terms & Conditions;
- Any additional Boxes over and above the agreed and paid for volume within Your Order will be treated as a separate Order and will be covered as a separate entity under the Terms of this Agreement;
- collection of empty Plastic Boxes (after You have unpacked Your contents) from Your nominated address to Our Storage Facility. If the group of Plastic Boxes is split into multiple collections, collection charges will become due as set out in “The Additional Charges Schedule” in these Terms & Conditions.
- Ownership of the Plastic Boxes shall at all times remain with Box Storage For Me, and shall only transfer to You after payment of sufficient total charges as per Condition 3.6.1, 5.5.2, 9.13.2 and 19.3.
- Box Storage For Me may alter Our Fees (including but not limited to storage and Insurance) at any time by giving You written Notice and the new Fees shall take effect on the first Due Date occurring not less than four weeks after the date of Our Notice. If You do not agree with the level of the new Fees under this Agreement, You may serve Notice on Us to terminate the Agreement in accordance with Condition 19.2.1.
- Box Storage For Me may review the Rates for empty Plastic Boxes and packing materials from time to time. If Box Storage For Me increases the standard Rates, the increased Rates will take immediate effect for all new Orders.
- The Prompt Payment of each and every sum whether invoiced or not, owing from You to Us from time to time under this Agreement (“Your Debt”) is an extremely important part of this Agreement, and if You fail to pay any sum owing under this Agreement on the Due Date for such sum, You agree to compensate Us in full against all reasonable costs expenses and outgoings incurred by Us in obtaining payments from You in the event a failed payment occurs for any reason. This may include a monthly administration charge (as shown in “The Additional Charges Schedule” in these Terms & Conditions) for each month the account remains in arrears.
- If payment is not forthcoming Your agreement may be terminated and a further administration charge will be added to Your account (see “The Additional Charges Schedule” in these Terms & Conditions) in addition to any costs incurred by Us, should We have recourse to ask a debt collection agency to collect payment from You.
- In addition to Our rights to recover payment of Your Debt pursuant to Condition 10 (and the sums referred to in that Condition) We may also terminate this Agreement under Condition 19.2.2.
- From time to time specific discount codes may be available for use at the sole discretion of Box Storage For Me. Such discounts will be of a percentage nature, and such percentage discount will only be applicable on the charge for the storage of Plastic Boxes and also (if applicable) the charge for the storage of Other Items. No discount will be applicable to any charge for Packaging Materials, additional Insurance Cover or Charges for Box Storage For Me to return Your Plastic Boxes to Your specified return address (see Condition 9.9.4).
10. Our Rights to withhold and sell-off Goods to recover payment
The Terms of this Condition are additional to and without prejudice to all or any rights Box Storage For Me or You may have under common law or otherwise.
In accordance with any and all Conditions within this Agreement, including but not limited to Condition 9, should you not pay any and all Fees due under this Agreement Box Storage For Me shall have the right to;
- keep hold of some or all of Your Goods until We have received payment in full of all the Fees You owe Us and You shall pay UsFees at the same Rates as under this Agreement or if this Agreement has been terminated at the Rate payable immediately prior to termination
- exercise immediately the rights described below in Condition 10.5 and sell such of Your Goods as is necessary for Us to recover payment of Your Debt in full.
- You will remain responsible for all storage charges and other associated costs reasonably incurred by Box Storage For Me whilst withholding or disposing of the Goods. However, in the event that you do not pay all sums (including interest) owing from You to Us when payable, we are relieved of any duty howsoever arising in respect of the Goods, which continue to be held solely at your risk.
- If We decide to exercise either of Our rights set out in Condition 10.1, You authorise Us;
- to refuse You and Your agents access to the Goods
- to enter/open the Plastic Box or Other Items (where applicable) and if necessary break the Tamper Proof Seal to gain entry
- to secure the Plastic Box or Other Items with Our own security tie
- to remove and retain the Goods
- to ultimately dispose of some or all of the Goods in accordance with Condition 10.5.
- Before We sell the Goods, We will give You Notice either in writing, by registered or signed for delivery, or email communication at Your specified postal or email address (see Condition 4.1.5) or any address in England and Wales notified by You to Us in writing prior to Our Notice, specifying the amount of Your debt & administration costs at the date of the Notice and directing You to pay. If payment is not made within seven days after the date of the Notice, We will sell the Goods. We will not give You any further Notice of any intended sale.
- We will sell the Goods by the best method(s) reasonably available to achieve the best selling price reasonably obtainable in the open market, taking into account the costs of sale and administrative charges relating to the debt collection and auction / disposal of Your Goods.
- If the proceeds of sale are insufficient to discharge the costs of sale incurred by Us and Your Debt without deduction, You must pay any balance outstanding to Us within seven days of a written demand from Us which will set out the balance remaining due to Us after the net proceeds of sale have been credited to You.
- If the Goods cannot be sold for a reasonable price or at all (for any reason whatsoever), or despite Our efforts they remain unsold, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost. Should Box Storage For Me receive monies on disposal of the Goods, the net proceeds shall be applied to your Account against any outstanding balances and, if necessary paid to You without interest less an administrative fee (as listed in “The Additional Charges Schedule” in these Terms & Conditions).
- If, having made all reasonable efforts to do so Box Storage For Me is unable to return any monies owed to you following the actions taken as per Condition 10.7, including having given not less than 60 days written Notice Box Storage For Me may retain said monies for its own account.
11. Insurance of the Goods
Box Storage For Me offer Insurance for the total contents stored within each Plastic Box up to a maximum value of £100.00 per Plastic Box, which covers;
- transportation of the Plastic Boxes from Your nominated address to Our Storage Facility
- storage of the Plastic Boxes at Our Storage Facility
- transportation of the Plastic Boxes from Our Storage Facility to Your nominated address.
- You may choose to purchase a higher level of Insurance Cover for a monthly Fee at the standard Rates for the time being in force as detailed on the Website. Such additional Insurance Cover purchased is done so on the basis that such additional Insurance Cover is provided for the entirety of your Goods, whereby any claim to the value of the higher level of Insurance purchased will be applicable to a Good or Goods in one or more Plastic Boxes, but that the total value of liability to Box Storage For Me will not exceed the total of £100.00 per Plastic Box in addition to the total additional Insurance Cover purchased.
- If You choose to purchase a higher level of Insurance Cover in accordance with Condition 11.2, the monthly Fee for such higher Insurance will be as notified to You when You place the Order on the Website.
- Box Storage For Me does not currently insure fragile items, including but not limited to;
- Household Goods significantly constructed of glass and other similar materials, including but not limited to glassware, crockery, cookware and other similar items unless suitably packed within Box Storage For Me Packaging Materials
- Ornamental and decorative Goods with any glass or similar material content
- The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments unless suitably packed and protected by Box Storage For Me Packaging Materials.
12. Our general liability to You
Subject to any exceptions set out in the Agreement;
- Our entire liability to You under this Agreement (including as a result of Our breach of this Agreement and/or negligence by Us, Our agents and/or employees), shall not exceed the true total replacement value of the Goods set out in the Agreement.
- In addition to Condition 12.1, You should note that We exclude all liability to You in respect of:-
- loss or damage relating to Your business, if any, including but not limited to, lost profits, business interruption, loss of goodwill or reputation, and loss of future profits or business, regardless as to how such loss or damage was caused
- loss or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by Us or any deliberate or negligent act or omission on Our part
- loss or damage to the Goods which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
- You promise and assure Us that;
- You have declared in the Agreement the true total replacement value of all the Goods, and that other than this information Box Storage For Me is unaware of the contents of the Plastic Box or the type and value of the Goods
- In the event of any claim, Box Storage For Me shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to Our enquiries and requests for information in respect of the Goods. If you do not provide Us with any information or documentation requested by Us within 14 days of such a request Box Storage For Me will not be liable to You for the loss of or damage to the Goods
- the aggregate value of the Goods stored from time to time will not exceed that value, unless specifically agreed otherwise with Us
- this promise/assurance is repeated by You to Us at each Due Date.
- We do not exclude liability for physical injury to or the death of any person and which is a direct result of Our negligence or wilful default or that of Our agents and/or employees whilst on Our Website.
- 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 the Website remains available should said availability be affected by events out of Our control, or that the material on the website is kept up to date.
- In its entirety, Condition 12 shall survive the Termination date of the Agreement.
13. Your Liability To Us
- You shall reimburse Box Storage For Me in full an amount equal to any and all damages, liabilities, costs, claims and expenses that Box Storage For Me may incur as a result of Your use of the Service, use of the Website, or any breach by You of this Agreement.
14. Circumstances Beyond Either Our Control Or Your Control (Force Majeure)
- In the event of circumstances which are outside Our reasonable control and their consequences, We do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods in order to keep the Goods free from damage or loss. Neither You nor We shall have any liability under or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement which results from circumstances beyond the reasonable control of that party. Such circumstances include but are not limited to any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any of Our Service Websites or the Goods including the Plastic Box, or arrest or seizure or confiscation of Goods by competent authorities.
- You agree to fully indemnify, defend and hold Us, our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of the use of the Website, or the use by any other person accessing the Website using Your account and/or Your Personal Information.
16. Ownership Of Rights
- All rights, including copyright in respect of the Service and the Website are owned or licensed to Box Storage For Me.
- Box Storage For Me is a trading name of Access Self Storage Limited.
17. Assignment And Sub-Contracting
- You shall not assign, sub-license, sub-contract or otherwise deal with all or any of Your rights, duties, responsibilities and obligations under this Agreement without the prior written consent of Box Storage For Me.
- This Agreement shall be binding on your personal representatives, successors, partners and permitted assigns.
- Box Storage For Me shall have the right to assign all or any of its rights, duties, responsibilities or obligations under this Agreement and in the event of such assignment shall, if required or requested, give Notice to You.
- Box Storage For Me may sub-contract the performance of any of its duties and obligations to any third party (including but not limited to transportation and storage), but such sub-contracting will not relieve Box Storage For Me of any liability under this Agreement.
18. Cancellation Rights
- Each request for the Service (the Order) by You shall constitute a separate contract between You and Box Storage For Me under the terms of this Agreement, unless this Agreement has been cancelled as per Condition 19. Cancellation of an Order shall not constitute closure of Your Account or the Termination of the Agreement, unless Condition 18.3 has been exercised.
- You may amend or cancel your Order, or any part of the Order at any time prior to the cut-off time for the arrangement for deliveries or collections, as appropriate. The cut-off time will be stated on the Website and currently is set at 3pm (15:00) on the Business Day falling 2 days prior to Your arranged delivery or collection as appropriate (based on our standard day 1 for day 3 Service). If You wish to exercise this right you must notify Box Storage For Me by email at firstname.lastname@example.org.
- You have the right to cancel this Agreement within 7 Business Days of making this Agreement. If You wish to exercise this right you must notify Box Storage For Me by email at email@example.com. However, if You have requested delivery of empty Plastic Boxes (Condition 3.2) or collection of full Plastic Boxes (Condition 3.3) to take place on a date which falls before this cancellation period expires, then the Service will have commenced on that date and You shall no longer have the right of cancellation of the Agreement.
- With reference to Conditions 6.3 and 9.12, cancellation of the Agreement will only be deemed to have been successfully completed once payment for any and all Packaging Materials has been completed, and the Terms of Condition 18.3 have been met.
- Once the services have commenced you will no longer have any cancellation rights. Services can then be cancelled by requesting the collection of empty Plastic Boxes (as per Conditions 3.6 and 5.5) and paying the applicable collection charges (as shown in “The Additional Charges Schedule” in these Terms & Conditions) or the return of all Goods (as per Condition 3.5) and paying the applicable return charges.
- This Agreement shall expire on the Termination Date as described in the Conditions following, and;
- Either You or We may terminate this Agreement;
- by giving not less than one month written Notice to the other by way of email communication, and the full payment of any outstanding charges or payments (the monthly storage charge is taken in advance therefore a part month notice will incur a full month storage charge and no part month refunds will be given);
- full Termination will take effect from the date the Goods are delivered to You, whichshall be the Termination Date or the date by which all outstanding charges are satisfactorily settled by You under Your account (whichever is the latest)
- by giving Notice by way of email communication to the other if the other party commits a serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed within fourteen days from the date the notice was served to remedy the breach. The Termination Date shall be the date the notice is effectively served by one party or the other in accordance with Condition 21.11.
- Upon Termination, You must contact Box Storage For Me to arrange for the return of Your Plastic Box, and upon such return remove all Goods from the Plastic Box and leave the Plastic Box clean and tidy and in the same Condition as at the Commencement Date and ensure it is ready at the agreed collection time/date, no later than 14 days after the arranged return date. If You do not do so a Fee will be charged for each non-returned or un-useable Plastic Box as per “The Additional Charges Schedule” in these Terms & Conditions.
- In default of Prompt Payment of Our Fees and any payments due to Us under this Agreement, We are relieved of any duty howsoever arising in respect of the Goods and they are held solely at Your risk, except where any loss or damage to the Goods is caused wilfully or negligently by Us and Our agents and contractors. We may treat any and all Goods which have not been arranged for return to You by Box Storage For Me within 15 days after the Termination Date, the arrangement of which is Your responsibility, as abandoned and may dispose of them in accordance with Condition 10 and those Conditions relevant within.
- Where this Agreement has terminated and where any payments are still outstanding from You, You must pay Us in full including any outstanding rental, Insurance and/or administration charges before We will release the Goods to You.
- The accrued rights, remedies, obligations and liabilities of each party as at Termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the Termination Date, and Conditions which expressly of by implication have effect after Termination shall continue in full force and effect.
- Box Storage For Me may block, terminate or suspend Your and (where deemed necessary) any other user’s access to the Website at any time for any reason in Our sole discretion, even if access continues to be allowed to others, with immediate effect by giving You Notice by email.
- Box Storage For Me may discontinue, suspend or modify the Website at any time without Notice.
20. Our Use of Your personal information
- You acknowledge that We may wish to Use the information given by You, including Your personal information, for marketing and other purposes and/or to pass this information on to other carefully selected third parties whose goods or services We believe may be of interest to You. If You do not consent to receiving marketing or other materials either from Us or Our chosen third parties, You should contact Us by email at firstname.lastname@example.org
- Box Storage For Me processes information about You in accordance with its Privacy and Cookies Policy. By using this Service and Website You consent to this processing.
21. General Provisions
- Any delay by Us in exercising or failure to exercise any of Our rights under this agreement will not affect Our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
- Save as expressly provided in these Terms and Conditions, this Agreement constitutes the whole Agreement and understanding between You and Box Storage For Me relating to the Service. Your use of the Service is deemed to be acceptance of these Terms and Conditions on Your part.
- Box Storage For Me reserves the right to update these Conditions from time to time when We deem it necessary, and such changes will be displayed on the Website and may, if necessary be notified to You by email. You are responsible for regularly reviewing these Conditions, Terms and Notices. If You do not agree to any such change then You must immediately stop using the Service and terminate this Agreement as per Condition 19.2.1.
- Every provision in this Agreement is severable and distinct from every other provision and 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 intend to rely upon the written terms contained within this Agreement. You should not rely upon any promises, representations, or claims made by any of Our employees, agents or contractors which are not also contained within this Agreement. Any changes to this Agreement which are agreed between Us and You must be recorded in writing and it is Our practice to ensure that such documents are signed on Our behalf by one of Our directors.
- These Terms and Conditions are only available in the English language.
- Where you supply any feedback, You agree and acknowledge that Box Storage For Me shall not have any confidentiality obligations in relation to such feedback and my incorporate such feedback into the Website or Services, along with any other feedback, suggestions or requests provided by You. Any such feedback should be sent by email to email@example.com.
- You may not assign any of Your rights under this Agreement or part with possession of the Plastic Box or Goods whilst in force on this agreement to any other person, firm or company. Should You do so or attempt to do so, this will be treated as a serious breach of the Agreement under Condition 19.2.2.
- You agree that it is not the intent of this Agreement to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- This Agreement shall be governed by English Law and You and We submit to the exclusive jurisdiction of the English courts.
- Where You are two or more persons Your obligations under this Agreement shall be joint and separate obligations.
- Any Notice given under this Agreement must be in writing and may be served by email (electronic mail) to the person notified. Your address for service of Notices shall be Your email address written in the Agreement or any other address in England and Wales which You have previously notified to Us in writing (pursuant to Condition 4.1.5). Any Notice to You will also be sent to any owner (whether sole, joint, or co-owners) the name and address of whom We have been previously notified by You. It is an option that We may Use to send Notices by pre-paid post rather than electronic mail. Any Notice to Us must be sent to Our email (firstname.lastname@example.org) or Our postal address set out in the Agreement. A Notice will be deemed to have been served at the time of sending an email or postal delivery or forty eight hours after it has been placed in the post.
- Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the parties may decide to attempt to resolve the matter informally, in which case the complaining party should inform the other person in writing of the dispute in as much detail as possible and You and We may agree to try informal conciliation. If the dispute cannot be resolved informally within a reasonable period of time, You and We may agree to Use the Centre for Effective Dispute Resolution to try to resolve the dispute amicably by using a recognised alternative dispute resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within a reasonable period of time, You or We can submit the dispute to the Court. This Condition does not prevent or otherwise restrict either You or Us from referring any dispute between Us directly to the Court without first having tried to resolve the matter informally, nor does it affect the right of either You or Us to terminate this Agreement.
22. Additional Charges Schedule
- For the Additional Charges Schedule, please click here.
23. Competitions and Prize Draw Terms & Conditions
- For Terms and Conditions for our competition and prize draws please click here.
Head Office / Customer Services
Access Self Storage
93 Park Lane
Tel: 0808 278 2710