STUFF2STORE – CONTAINER STORAGE TERMS AND CONDITIONS
-
DEFINITIONS
Agreement – the Agreement entered into by both parties for the provision of Services (rental of container) in accordance with these Terms and conditions
Business Day – Monday to Friday, days on which banks are open in the UK
Customer – the person or company using the Service and enters into the Agreement and fully agrees to its Terms
Deposit – the amount specified on the website, due to be paid with the first 28 days rental payment
End Date – the date of termination of this Agreement in accordance with Clause 15
Goods – the contents of Your Unit/container
Parties – the storage provider and the Customer
Service – rental of storage provision – 10 or 20 foot containers
Site – the premises on which the Unit is situated
Start Date – the date specified in the Welcome letter
Unit – the storage Unit specified in the Welcome letter
We, Us, Our – the storage provider Stuff2Store Self Storage
You, Your – the Customer or company named in the Welcome letter
Website – Stuff2Store Self Storage website www.stuff2store.co.uk
-
TERMS AND CONDITIONS OF SERVICE
- You must read these Terms and Conditions of Sale carefully. By placing a reservation through the Website, You confirm that You have read, understood and agree to these Terms and Conditions in their entirety. If You do not agree to these Terms and Conditions in their entirety, You must not place any order or make any payment through the Website.
- Your agreement to accept the Terms of the Agreement and the use of this Service will be taken as full acceptance of the Agreement.
- We may vary the Terms of the Agreement when we consider it necessary to do so. You are responsible for regularly reviewing these Terms and conditions. Continued access to use of the Service provided by us after any such change will constitute consent to such change. If You do not accept the changes, You are entitled to terminate the Agreement, with 28 days notice.
- So long as Our Fees are paid up to date, We license You to use the Unit for the storage of Goods in the Unit in accordance with this Agreement from the Start Date until the End Date.
- You have access to the Unit at any time only for the purposes of depositing, removing, substituting or inspecting the Goods and Your regular inspection of the Unit for damage or unsuitability for the Goods. No access to the Unit will be permitted for any other purposes. We will try to provide advance warning of changes in access hours by notices on Site, but We reserve the right to change access hours to other reasonable access times at any time without giving any prior notice.
- 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 of the Agreement.
- You confirm and warrant to Us that throughout this Agreement, You are at least 18 years old and that the Goods are Your own property or free of any legal charge or that You have the full authority of the owner to store the Goods. If this is not true You will be liable for and will pay to Us in full the amount of any costs, expenses, loss or damage which We incur or which We suffer as a result of claims made against Us including but not limited to any reasonably incurred legal fees and any costs or claims arising from any step or action taken by any person who owns or has an interest in the Goods.
- We may open a container and inspect it without notification, or may refuse to store any Goods or return to You at Your cost, if We have reason to believe that a container contains Prohibited Goods as set out in Clause 5 or are deemed to be likely to cause injury or damage or We are required to do so by the emergency services, local authority or by court order.
- You must not offer the Service to any third party by way of sub-license or any other means, nor use the Service in an unlawful or fraudulent manner.
- We will not be liable for any loss or damage, costs or additional charges that may arise from the failure to discharge any of Your responsibilities set out within the Agreement.
- This Agreement shall not confer on You any right to exclusive possession of the Unit.
- This Agreement is personal to You. You may not assign or transfer any of Your rights under this Agreement or part with possession of the Unit or Goods whilst they are on the Site to any other person, firm or company.
- In the case of death We will invoice the estate for any unpaid fees. The Goods will be the responsibility of the personal representatives and we will require a copy of the Grant of Probate before title to the Goods can pass and the contract terminated.
- In the case of loss of capacity the Goods will be handed to the Attorney on the production of a valid power of Attorney and the contract terminated. We will invoice You for any unpaid fees.
- You agree that it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- Where You are two or more persons Your obligations under this Agreement shall be joint and several.
-
-
YOUR RESPONSIBILTIES
It will be Your responsibility to:
-
- ensure that Your contact details, including email address and mobile phone number, are up-to-date and accurate and inform us immediately of any change of address or personal details;
- ensure Your card details provided on Your Automatic payment authorisation or Standing Order from remain current;
- inform Us of any damage or defect to the Unit immediately when You become aware of it;
- ensure that the items stored in the Unit are 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. We accept no liability for any damage or otherwise to any of the Goods stored.
- pay for the reasonable cost of repairs to or cleaning of or making good the Unit or the Site as a result of any damage caused by You or anyone authorised by You to access and use the Unit, including but not limited to Your removal, haulage or delivery contractors; and
- submit to Us an inventory of the Goods if We shall request one.
- To further reduce condensation in your unit, We recommend using a moisture trap in your Unit to prevent condensation in hot or cold weather.
- Ensure all items stored in your Unit are not damp, as this will cause condensation and possible damage to neighbouring units.
- Insure the contents of Your Unit against all risk.
- Make regular checks on the contents of your Unit.
-
-
ACCESS
- Access to the site is restricted by electric gates. You will be given a code for the gates in the Welcome letter.
- Only You and persons authorised or accompanied by You will be allowed to have access to the Unit. Any such person is Your agent for whose actions You are responsible and liable to Us and to other users of units on the Site.
- We may ask for proof of identity from You or any other person at any time (although We are not obliged by this Agreement or otherwise to do so) and We may refuse access to any person (including You) who is unable to provide satisfactory proof of identity.
- We may refuse You or Your agents access at any time if We consider in Our sole discretion that the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents, will be put at risk.
- You must park with consideration for other people’s safety and access at all times.
- Dogs are not allowed on the Site.
- Any children accompanying You or Your Agent must be kept under control and accompanied by a responsible adult over the age of 18.
- You will permit Us and Our agents and contractors to enter the Unit in the following circumstances and if necessary We may break the lock to gain entry or use Our master key to access the Unit:-
- if We give You not less than seven days’ notice so that We may inspect the Unit or carry out repairs, maintenance and alterations to it or any other Unit or part of the Site;
- at any time without notifying You;
- if We reasonably believe that the Unit contains any items described in Clause 5 or is being used in breach of Clause 5;
- if We are required to do so by the Police, Fire Services, Trading Standards, HM Revenue & Customs, Local Authority or any other government or statutory authority or by a Court Order;
- to prevent injury or damage to persons or property; or
- for the purpose of ascertaining whether the Unit contains any items described in Clause 5 or 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.
-
-
-
-
PROHIBITED GOODS
-
-
The following items must not be stored in the Unit (and You may not allow any other person to store in the Unit):
-
-
- Combustible or flammable materials or liquids, for example gas, paint, petrol, oil or cleaning solvents;
- Food or perishable Goods unless securely packed to protect from and do not attract vermin;
- Birds, fish, animals, or any other living creature;
- Firearms, explosives, weapons or ammunition;
- Chemicals, radioactive materials, biological agents;
- Toxic waste, asbestos or other materials of a potentially dangerous nature;
- Anything that emits fumes or odour;
- Any illegal substances, illegal items or goods illegally obtained, including counterfeit goods, illicit (smuggled/counterfeit) tobacco, illicit alcohol, unlicensed medicines, unsafe goods (including toys, electrical items, cosmetics, fireworks);
- Compressed gasses.
- Liquids may only be stored if in a sealed container, due to the risk of leakage and condensation.
-
We may refuse to permit You to store any Goods or require You to collect any Goods from the Unit if in Our opinion the safety of any person on the Site, or the security of the Unit or its contents, or other Units or their contents, would be put at risk by the storage or continued storage of any such Goods.
We may vary the list of Prohibited Goods when We consider it necessary to do so. However, We shall provide You with no less than 5 Business Days’ notice (save where such variation results from change in a law or regulation) by email and/or displayed on the Website. You are responsible for regularly reviewing these Terms and notices.
-
-
-
RULES
You must not (and You must not allow any other person to):-
- use the Unit or do anything on the Site or in the Unit which may be a nuisance to Us or the users of any other Unit or any person on the Site;
- do anything on the Site or in the Unit which may invalidate any of Our insurance policies or those of other Unit users or increase the premiums payable on them;
- use the Unit as offices or living accommodation or as a home or business address and not use the address of the Site or the Unit for receiving or sending mail;
- spray paint or do any mechanical work of any kind in or outside or around the Unit;
- attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
- allow any liquid, substance, smell or odour to escape from the Unit or any noise to be audible or vibration to be felt outside the Unit;
- cause any damage to the Unit or any other Unit or the Site or its facilities or to the property of Us or any other Unit users or other persons on the Site and if You cause any damage You must (at Our option) repair, restore or replace such damage or item or reimburse the costs of making necessary repairs, restoration or replacement or make proper compensation;
- leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the Site and You must at all times exercise courtesy to others and reasonable care for Your own safety and that of others in using these areas.
- leave any waste or refuse that is created by storing the Goods. You will be charged the reasonable costs of disposing of such waste or refuse if You fail to comply with this term;
- connect or provide any utilities or services to the Unit.
-
OUR CHARGES
- Our standard charges are shown on Our Website “Sizing and Pricing Guide” page and include VAT at 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 from time to time. We reserve the right to increase Our charges at any time on giving 30 days’ written notice in writing via email and/or on the Website and providing You with the opportunity to terminate the Agreement in accordance with the Cancellation Clause 15.
- The charges are payable 28 days in advance. Payment can be made on the Website or by Standing Order. Please contact 01460 984007 or 01460 30333 or email bookings@stuff2store.co.uk to pay by Standing Order. The first 28 day’s payment and deposit will be payable before You receive the key to Your Unit. Subsequent recurring 28 day periods will be payable from the date of occupation, Your agreed Start Date.
- Each 28 day period starts at midnight on the same day every 4 weeks. Charges for the final 4 weeks of Your requested period are always payable in full and not on a pro-rata basis.
- We will not accept that payment has been made until We have received cleared funds.
- You must pay Us the Deposit with the first 28 days rental payment. The Deposit will be returned to You (without interest) after this Agreement terminates less any amount We may in Our sole discretion deduct to cover any breach of Clauses 5 and 6 or any of Our Fees which have not been paid or any unpaid removal or other charges, including loss of key or padlock and key.
- We reserve the right to deduct or withhold from the Deposit an amount equal to the costs of repairs to or cleaning of the Unit or the Site which We consider is required as a direct or indirect result of the storage of the Goods within the Unit or Your breach of this Agreement, in order to bring the Unit and the Site up to substantially the same standard and condition as it was in at the Start Date.
- An administration fee of £15 may be charged to cover the cost of failed transactions resulting from the issuer of Your payment card or Your bank refusing, for any reason, to authorise payment via Credit/debit card or bank transfer to Our bank account.
- You must pay Us Our Fees for the minimum period of storage under this Agreement and for each successive period. You must pay Our Fees on the Due Date. All sums payable to Us under the Agreement will become due immediately upon termination of the Agreement in accordance with Clause 15.
- If payment is 10 days or more overdue, a late payment charge of £5 per day will be applied to Your account, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment, and whether or not We exercise the right of sale under this Agreement.
- Unless we have received notice of Termination (Clause 15), recurring payment every 28 days will be due.
- This does not prejudice Our rights to withhold or sell Your Goods under Clause 12 or to any other remedy available to Us, in respect of all sums due to Us.
- We withhold the right to charge You an administration fee for correspondence of £25 for every letter, email and phone call that is sent/made after 10 days of late payment and it will be applied to Your account. Furthermore, should Your debt need to go to court or debt recovery, all fees (administration fees, late payment charges, recovery fees, court fees and interest) will be added to Your account.
- After 14 days of late payment, a new lock will be attached to Your Unit and will not be removed until payment has been received. We reserve the right to apply additional charges resulting from any other reason due to Your failure to fulfil Your responsibilities under the Agreement. If the debt is not paid, Your debt will be sent to a debt collection company and any of their fees will also be applied to Your account.
- You agree that You will not use any credit card or other form of payment unless You have the necessary authorisation to do so. We will not be liable in the event of any person acting with or without Your permission to use Your credit card, or other means for Services.
-
YOUR SECURITY AND PRIVACY
- As part of the registration process and fulfilment of Service, You will be required to supply personal details which We will at all times treat in accordance with GDPR regulations. Your details are held in a secure place, and will not be given to any third parties for advertising, information or any other reason, other than debt collection.
- Once Your business relationship with us is ended, any details are stored for as short a time as is reasonable and then got rid of.
- Any bank or card details are destroyed after use, and any computerised records are kept under encryption.
- Due to COVID19, please maintain social distancing at all times on site. Please access Your storage while maintaining all due care with space and face protection if required.
-
OUR LIABILITY FOR LOSS AND DAMAGE
- We do not warrant that Our storage facility is suitable for the storage of any specific type of Goods.
- 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, the Unit or the Site in order to keep the Goods free from damage or loss.
- Nothing in these Terms 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 or anticipated savings arising under the Terms or in connection with the Website whether direct or indirect, and whether arising in tort, contract or otherwise.
-
YOUR LIABILITY TO 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.
-
-
-
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 its reasonable control, including but not limited to any of the following:
-
-
- Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
- War, threat of or preparation of war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
- Terrorist attack, civil war, civil commotion or riots;
- Nuclear, chemical or biological contamination or sonic boom;
- Compliance with any law;
- Fire, explosion or accidental damage;
- Extreme adverse weather conditions;
- Collapse of building structures, failure of plant machinery, machinery, computers, vehicles or the Internet;
- Any labour dispute, including but not limited to strikes, industrial actions or lockouts not by employees of the Party;
- Interruption or failure of utility services, including but not limited to electric power, gas or water.
-
-
-
-
OUR RIGHT TO HOLD (LIEN) AND DISPOSE OF YOUR GOODS
- “Lien” is the legal right of the Service Provider to hold Goods until the Customer has paid all outstanding charges.
- We shall have the right to withhold, sell and ultimately dispose of some or all of the Goods if You fail to pay the charges and any other payments due under this or any other Agreement. While We hold the Goods, You will be liable to pay all charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These Terms shall survive the termination of this Agreement.
- We will give You 30 days’ written notice via email or at Your address on the Welcome letter or any updated address given (Clause 3.1), requiring You to settle all outstanding sums due. If You have failed to do so, upon the expiration of this 30 days, we shall be permitted to sell or dispose of some or all of the Goods by whatever means are available to Us. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale.
- We will credit any excess as a result of the sale of Goods to Your account without interest, less an administration fee of £25 and less any other costs reasonably incurred in connection with the disposal. If We are unable to credit Your account and have made reasonable effort to return the excess monies, upon giving 60 days’ written notice to You, We shall be permitted to keep the monies in Our own account.
- If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your Debt, 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. Interest will continue to accrue on Your Debt until payment has been made in full. We may take action to recover the outstanding amounts including any legal and administration costs that are incurred.
- If the Goods cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.
-
YOUR RIGHTS TO CANCEL (COOLING OFF PERIOD)
- You have the right to a cooling off period of 14 days during which You have the right to cancel the Agreement in accordance to this Clause. If You wish to cancel the Agreement, You must notify Us by contacting the office to inform Us You wish to cancel the contract giving 14 days notice.
- If You wish to cancel after the 14 days and Service has commenced, You must cancel the Agreement in accordance with Clause 15.
-
RIGHTS OF ASSIGNMENT AND SUB-CONTRACT
- 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.
-
TERMINATION
- If payments are up-to-date, You may terminate the Agreement at any time. You must give Us written notice of not less than 28 days, the End Date. You can cancel Your booking with us and Your recurring payments by:(i) clicking the “Manage Subscriptions” link on Your account homepage when You log in, choosing to stop automatic payments, and follow the prompts and options that follow or
(ii) by emailing Us at bookings@stuff2store.co.uk stating that You want to stop payments from the email address currently associated with Your account. Please include Your full name, address and Unit number to confirm cancellation and Your proposed departure date. - When You provide us with notice we will send You an email confirming that the notice has been applied to Your account, it is only when this has been confirmed in writing that Termination will take effect.
- If You cancel in the middle of a 28 day payment cycle, We will take the next payment but will refund the difference if We have taken funds past the 28 days. Or You have the choice to stay until the end of Your notice period.
- When You move out We will refund Your deposit, after the Unit has been checked to be clean and tidy. See Clause 16. Please allow a minimum of 7 days for Your refund to be processed, ensuring We have your bank details to return the deposit to you.
- If You forget to give notice before You move out, we will apply the relevant notice period and associated rental charges to Your account once Your Unit is vacated.
- We may terminate the Agreement for any reason by giving You no less than 30 days’ 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 of this Agreement.
- Following termination of this Agreement, if You fail to collect Your Goods within 30 days of termination, We reserve the right to consider Your Goods to be abandoned and to dispose of them in accordance with the conditions laid out in Clause 12.
-
AFTER THE END DATE
- Immediately on the End Date, You must remove all Goods and any rubbish from the Unit and leave the Unit empty, clean and tidy, swept out and mopped and in the same condition as at the Start Date. Please leave Your padlock with the key and gate fob (if provided) hooked up inside the empty Unit. Please leave the Unit unlocked with the doors closed.
- Please email bookings@stuff2store.co.uk to confirm vacation and email photos of the inside condition of the Unit and a photo of the padlock and key hung up inside.
- If You do not do so, We will retain Your deposit and if in excess of the deposit, You shall pay Our costs of cleaning the Unit or disposing of any Goods or rubbish left in the Unit or on the Site.
- Your deposit will also be kept if the padlock, keys and gate fob (if provided) are not left in the Unit.
- If You do not make 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.
- We may treat Goods remaining in the Unit after the End Date as abandoned and may dispose of them in accordance with Clause 12. You will also be responsible for the removal of any rubbish You create during this Agreement or following the End Date and We do not provide waste bins for Your use.
-
GENERAL PROVISIONS
- Any third-party person or company who is not a Party to this Agreement shall not have any rights under or to this Agreement.
- Except as set out in this Agreement, any variation including introduction of additional terms and conditions to this Agreement shall only be binding on Parties when agreed in writing.
-
SEVERANCE
- If a court or any other competent authority finds that any provision or part thereof, in this Agreement is invalid or unenforceable, that provision or part provision to the extent required, shall be deemed to be deleted and the validity and enforceability of the other provisions of this Agreement shall not be affected.
- If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some parts of it were deleted, the provision shall apply with the minimum of modifications necessary to make it legal, valid and enforceable.
- A waiver of any rights under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a Party in exercising any right or remedy under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
-
BASIS OF THIS AGREEMENT
- This Agreement constitutes an offer by the Customer to purchase in whole or in part the Services in accordance to the Terms.
- This Agreement constitutes the entire agreement between 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 this Agreement.
-
GOVERNING LAW AND JURISDICTION
-
-
Any dispute between Parties will be governed by the non-exclusive law and jurisdiction of the English Courts.
-
-
-
WEBSITE
-
-
The Stuff to Store Self Storage website is www.stuff2store.co.uk
-
- You must only use this Website for lawful purposes, and You must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
- You may use, download and print content on the Website solely for Your own personal use or internal business purposes. Other than for Your own personal use or internal business purposes, You may not without Our prior written consent:
- Copy, reproduce, use or otherwise deal with any content on the Website
- Modify, distribute or re-post any content on the Website for any purpose
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website
- Use the content of the Website for any commercial exploitation whatsoever
- 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 ensure that the Website remains available or that the material on the Website is kept up-to-date.
- Links to Other Websites – We may at time to time place links on the Website to other websites We think You may find useful. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Stuff 2 Store Self Storage cannot accept any liability in respect of the use of these websites.
- Stuff 2 Store Self Storage uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, We cannot guarantee that Your use of this Website (including any content on it or any website accessible from it) will not cause damage to Your computer or other device. It is Your responsibility to ensure that You have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm Your computer or other device. Except where required by applicable law, Stuff 2 Store Self Storage shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
-
OWNERSHIP OF RIGHTS
- All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Stuff 2 Store Self Storage.
- If You acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then You agree to assign those rights to us (including any rights You may have in user generated content that You submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights You acquire in or to the Website.
- You further agree to execute all such documents and do all such acts and things as We may reasonably require in order to assign any such rights to Us and to waive any moral rights You acquire in or to the Website.