These are the terms and conditions upon which We, Store Box Self Storage (Ireland) Limited supply storage Units to You. Please read these Terms and Conditions carefully before you submit your order to us. By placing an order with Us , You are confirming that You have read and agree to all the terms set out in Our Terms and Conditions. These Terms and Conditions are subject to change in accordance with condition 13.1. We urge You to always stay updated on the latest version of our Terms and Conditions.
- In these Terms and Conditions, the following words have the following meanings:-
Access Hours: the hours we permit access to the Unit. These will be between 5am and midnight 365 days a year unless specified otherwise in the Order Acceptance.
Agreement: has the meaning in condition 3 of the Terms and Conditions.
Business Day: a day, other than a Saturday, Sunday or public holiday in Ireland, when banks in Ireland are open for business.
Cleaning Fee: has the meaning given in condition 8.5.
Deposit: the deposit amount (if any) required by You to Us, as specified in the order.
Due Date: the Storage Fee payment date(s), as specified in the order and where a due date falls on a non Business Day, the immediately previous Business Day.
Fees: together, or individually as the context requires, the Storage Fees, Cleaning Fees, Insurance Fees and any other fees payable under the terms of the Agreement.
Goods: any goods stored by You in the Unit in accordance with the Terms and Conditions.
Hazardous Materials: explosives, compressed or liquified gases, flammable liquids with a flash point below 65°C including whisky or other spirituous liquor, substances which become dangerous by interaction with either water or air, corrosive substances, toxic or radioactive materials, pollutants or contaminants, oxidising agents, substances liable to spontaneous combustion, substance that changes or decomposes readily giving out heat when doing so, combustible solid substance with a flash point less than 120°C, firearms or weapons and any substance likely to spread fire by flowing from one part of a building to another.
Insurance Fee: the fee for any insurance purchased by You from Us as part of the Unit rental, as set out in the Agreement.
Order Acceptance: our acceptance of Your order pursuant to condition 3.4.
Prompt Payment: in respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two Business Days afterwards, and in respect of any sum being due under any other agreement between You and us, payment within seven days of that sum being demanded in writing.
Late Payment Fee: has the meaning set out in condition 5.2.
Site, Location, Facility: the premises on which the Unit is situated.
Termination Date: the date specified in Agreement or the date of termination of this Agreement in accordance with condition 12.2.
Terms and Conditions: the terms and conditions set out in this document, as amended from time to time in accordance with condition 13.1.
Unit: the storage unit specified in Agreement or any alternative storage unit we may specify under condition 8.7.
We, Us, Our, Ours: the storage provider being Store Box Self Storage (Ireland) Limited (company number 564387), a company registered in Ireland and Our registered office is located at 22 Priory Office Park, Blackrock, Dublin, A94 HK76
You, Your, Yours: the customer named in the order.
- In these Terms and Conditions:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors and permitted assigns;
- a reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all ordinary legislation made under that legislation or legislative provision.
- any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms;
- a reference to writing or written includes email;
- unless the context requires otherwise, words in the singular include the plural and vice versa; and
- unless the context requires otherwise, a reference to one gender shall include a reference to the other genders.
- ABOUT US:
- Company Details. Store Box Self Storage (Ireland) Limited (company number 564387) is a company registered in Ireland and Our registered office is located at 22 Priory Office Park, Blackrock, Dublin, A94 HK76. Our VAT number is IE3460886UH. We operate the website www.storebox.ie (Our Website).
- Contacting Us. To contact us, please email email@example.com How to give Us formal notice is set out in condition 11.
- PLACING AN ORDER AND ITS ACCEPTANCE:
- Placing Your Order. Please follow the onscreen prompts to place an order. Each order is an offer by You to licence from Us use of a Unit specified in the order, subject to these Terms and Conditions.
- Correcting input errors. Our order process allows You to check and amend any errors before submitting Your order to Us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
- Acknowledging receipt of Your order. After You place an order, You will receive an email from Us acknowledging that We have received it, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in condition 3.4 below.
- Accepting Your order. Our acceptance of Your order takes place when We send the email to You to accept it, at which point the Agreement between You and Us will come into existence. The Storage Period will begin on the date agreed with You and as set out any order acceptance.
- If We cannot accept Your order. If We are unable to accept Your order for any reason, We will inform You of this by email and will not process Your order. If You have already paid any Fees, We will refund the full amount charged as soon as possible.
- Your copy. You should print a copy of these Terms and Conditions or save them to your computer for future reference.
- So long as all Fees are paid up to date, for the Storage Period, You: (a) are licensed to store Goods in the Unit allocated to You by Us from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
- We: (a) do not have and will not be deemed to have knowledge of the Goods; (b) are not a bailee, custodian or warehouseman of the Goods and You acknowledge that We do not take possession of the Goods; and (c) do not grant any lease or tenancy of the Unit.
- Any campaign discounts advertised on Our website or in other channels shall only apply to new customers. To be considered a new customer You can not have used our services in any of our locations in the past 4 weeks. A minimum of 4 weeks must have passed since You last vacated Your unit and removed Your Goods from Our location.
- You are responsible to pay: (a) Our Fees (being the amount set out in Your invoice(s) or as most recently notified to You by Us). We will take the first payment on acceptance of Your order and will take subsequent payments in advance on the invoice date for each Storage Period or other date agreed with You (Due Date). It is Your responsibility to see that payment is made directly to Us on time and in full throughout the Storage Period. You can pay using a debit card or credit card or by bank transfer, We do not normally bill for fees but will issue an electronic invoice following payment. Where payment is made by direct debit or credit card, the designated bank account will be charged automatically on the payment date in accordance with condition 6.3. Any Storage Fees paid by direct transfer will not be credited to Your account unless You identify the payment clearly and as directed by Us and We shall have no liability to and shall be indemnified by You if We take steps to enforce the Agreement (including the sale of Goods) due to Your failure to identify a payment. We will not accept that payment has been made until it has received cleared funds. Where You have more than one Unit/Agreement with Us, all will form one account with Us and We may choose to apply any payment made by You or on Your behalf against any debt due from You to Us on any Unit/Agreement in the account; (b) a late payment fee each time a payment is late or cancelled, which is the larger of 10% of Our 4 weekly Storage Fee or €10 (Late Payment Fee). If Your failure to pay any Fees due under this Agreement, and failure to pay continues for fifteen (15) days or more after the payments Due Date and/or You fail to pay the Late Payment Fee on demand, then in addition to any other rights or remedies We have under the Agreement, We may require You to pay Us interest on the amounts outstanding at the rate of 5% above the base rate of Lloyds Bank PLC from time to time, 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. The Late Payment Fee and interest shall be payable even if We exercise the right to sell or dispose of Goods under this Agreement; (c) any costs incurred by Us in collecting late or unpaid Storage Fees and/or Late Payment Fees and/or any other Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, Unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; (d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and (e) the Cleaning Fee or charges for repairs, to be invoiced at Our discretion as per condition 8.5. Where You have more than one agreement with Us, all will form one account and We may in Our sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to Us on any agreement in the account. If You make a part payment of any Storage Fees due to Us and We retain Your part payment, this will not affect Our ability to take any action against You or to exercise any rights We have under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which We may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.
- By submitting your debit or credit card details You accept and consent to Us charging this card (and any updated cards provided by You) for recurring payments and outstanding balances connected to your Agreement. Card details can be updated or deleted by You at any time by contacting Us. All card details remain on file within the secure Stripe payment system for the duration of your Agreement unless deletion of previous payment methods on file is requested by You.
- In the case of any dispute You raise relating to fees, stripe charges a dispute fee of €20 per transaction. In the case of a dispute which is resolved in Our favour, We shall invoice You for the amount of this dispute fee.
- DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
- We take the issue of Prompt Payment seriously and We have a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other fees related to it are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with conditions 6.3 to 6.5. You acknowledge that (a) We shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.
- On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with conditions 6.3 to 6.5. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal.
- Before We sell or dispose of the Goods, We will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to Us in writing and by email and/or social media. If no address within the Ireland has been provided, We will use any land or email address or social media details it holds for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) We will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. We may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
- Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay Us the balance within 7 days of a written demand from Us. We may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from You, We will hold the balance for You but no interest will be payable on it.
- If, in Our opinion and entirely at Our discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise Us to treat the Goods as abandoned and We may dispose of all Goods by any means at Your cost. We may dispose of the Goods at Our discretion in the event that Goods, including Goods that may contain personal data belonging to You or others, are damaged due to fire, flood or other event that has rendered them, in Our opinion severely damaged, of no commercial value, or dangerous to persons or property. We do not need Your prior approval to take this action but will send Notice to You within 7 days of assessing damaged Goods.
- Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at Our discretion be moved, sold or disposed of immediately with no liability to Us.
- You have the right to access the Unit during Access Hours as posted by Us and subject to the terms of this Agreement. We will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
- Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to Us and other users of the Facility for Your own actions and those of Your Agents. We may (but are not obliged to) require proof of identity from You or any other person at any time and, at Our sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
- We may refuse You access to the Unit and/or the Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made, or if We consider the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk.
- You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
- You authorise Us and Our agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if We believe the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if We are is obliged to do so by law, by the Gardaí, fire services, Revenue, a local authority or other competent authority or by a Court Order; (e) to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement; or (f) to carry out fire safety checks, including the inspection of the unit for fire hazards or flammable materials, to ensure full compliance with the fire safety certificate issued for the Facility in accordance with its planning permission.
- You will be solely responsible for securing the Unit and ensuring it is locked, in accordance with condition 8.2, so as to be secure from unauthorised entry at all times when You are not in the Unit. We will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Our overlocking position and We may have any such padlock or device forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.
- Upon move-in You will need to purchase a padlock from Us. You must ensure that the Unit is locked with the padlock placed inside the lockbox on your Unit. The padlock must be placed and locked inside the lockbox with the option to add any additional padlocks on the arms of the door. Please be aware that failure to secure your padlock using the lockbox as instructed could affect or invalidate your coverage in case of any loss and/or damage to the contents of your Unit.
- You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis; (k) quad bikes, mopeds, motorbikes or any type of motorcycle; (l) Hazardous Materials; (m) all other motor vehicles e.g. cars or boats except in the case of prior written approval from Us. You will be liable under condition 9.4 for any breach of this condition 8.3.
- You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to Us or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Us or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by Us; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility.
- You must maintain the Unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the Unit or Facility, We will be entitled to retain the Deposit, charge a cleaning fee for the cost of cleaning the Unit or Facility and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse (Cleaning Fee).
- You must (and ensure that Your Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Us of any damage or defect immediately it is discovered and comply with the reasonable directions of Our employees, agents and contractors and any other regulations or policies for the use, safety and security of the Facility as We shall issue periodically.
- This Agreement does not confer on You any right to exclusive possession of the Unit and We reserve the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement under condition 12.1; or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, We will pay Your reasonable costs of removal if approved in writing by Us before removal. If You do not arrange removal by the date specified in Our notice, then You authorise Us and its agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except for damage caused wilfully or negligently which is subject to the limitations in condition 9.2). Following removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the storage rates in force for the original Unit at the time of the removal.
- You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and You are advised to inspect the Unit before storing Goods and periodically during the Storage Period. We make no warranty or representation that any unit is suitable for any particular goods and accept no liability in this regard. Unit sizes are approximate. If You have exact requirements, You must check with Us before signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.
- We may refuse storage of any Goods or require You to remove Goods if in Our opinion storage of such Goods creates a risk to the safety of any person or property.
- You must give notice to the Us in writing of the change of any contact details on this Agreement for You or the ACP within 48 hours of any change. You agree We are entitled to discuss any default by You with any ACP registered in Our records. No changes are valid until you receive confirmation in writing from Us that changes have been made.
- RISK AND RESPONSIBILITY:
- We will not be liable for any loss or damages suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause.
- The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. We exclude all liability in respect of (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees except where this results from Our negligence or breach of contract, in which case Our liability will be limited to the sum of €100 in total. We do not exclude liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of Us, Our agents and/or employees.
- Subject to condition 14.7 if applicable, We do not insure the Goods and it is a condition of this Agreement that the Goods remain adequately insured at all times for their full replacement value (as set out in the order) while they are in storage. You warrant that such cover is in place, will not lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the insured value. We do not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover even when arranged by the Us. Inspection of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
- It will be Your responsibility to compensate Us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Us or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by You or any of Your Agents or (c) enforcement terms of this Agreement.
- You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible for all Liabilities resulting from such a breach.
- If We have reason to believe that You are not complying with all relevant laws We may take any action it considers necessary, including, but not limited to, action outlined in conditions 7.5 and 12.1, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that if We decide not to exercise or enforce any right that We have against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so;
- We shall not be considered to be in breach of this Agreement nor liable for any delay in performing or failure to perform any of its obligations under this Agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond Our reasonable control. 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 recommended restrictions, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, We will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.
- PERSONAL INFORMATION
- We collect information about You and any ACP on registration and whilst this Agreement continues, including personal data (Data). We process Data in accordance with the General Data Protection Regulation (GDPR) and all associated laws. Details on how We use Data and Your rights in relation to Data are set out in Our Privacy Notice which can be viewed on its website at https://www.storebox.ie/privacy-policy/. You confirm any ACP has consented to You supplying Data to Us on these terms.
- If you give consent, We will use Data for feedback purposes, including to provide information on products or services provided by Us in response to requests from You or if We believe they may be of interest. Your choice with regard to the relevant use of Data can be changed at any time by contacting Us.
- COMMUNICATIONS AND NOTICE:
- We can send You notifications regarding day to day matters and minor changes to this Agreement by email and/or by SMS if You have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may contact you through our social media account if You have agreed to receive notifications through social media.
- Notices to be given by Us or You for more significant changes to the services and these Terms and Conditions or to enforce rights under this Agreement (such as ending the Agreement, changing prices / Fees, significant disruptions or enforcing Our right to sell or dispose of Goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from Us to You will be sent to the addresses notified by You when You entered this Agreement or the most recent address in Ireland and/or email address notified by You to Us and/or Your social media accounts from time to time. In the event of not being able to contact You at the last notified postal or email address, Notice will be considered as having been given to You if We serve that Notice on any ACP at the last notified postal or email address of the ACP. Any notice from You must be sent to the Us by hand or by post to the address on Our Website or by email to firstname.lastname@example.org. In the event that there is more than one storer named on the Agreement, Notice to or by any single storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
- CANCELLING OR ENDING THE AGREEMENT:
- If You signed up without coming into the Facility, then You have 14 days after We confirm acceptance of the order to change Your mind (cooling off period). If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling and all Goods being removed from the Unit. We can use any payment made by You to settle some or all of this. You can cancel by email, post or telephone call to Us referring to Your name, address and date of order.
- Unless otherwise agreed in writing by both parties, either We or You may end this Agreement at any time by giving the other party written notice. The date on which the Agreement will end will be the day immediately before the next payment Due Date (the Termination Date).
- In the event of illegal or environmentally harmful activities on Your part or a breach of this Agreement (which, if it can be put right, You have failed to put right within 14 days of notice from Us to do so), We may terminate the Agreement immediately by written notice to You. In addition We may terminate this Agreement immediately by written notice to You if you fail to have the required insurance in place for your Goods stored at the Facility, as required under these Terms and Conditions.
- On termination of this Agreement, You must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to Our satisfaction. You must remove your padlock and leave the Unit unlocked. In the event that Goods and/or rubbish are left in the Unit after the Termination Date, conditions 6.2 and 8.5 will apply. You must pay any outstanding Storage Fees and any other Fees or expenses owed to Us up to the Termination Date, or condition 6 may apply. Any calculation of the outstanding Fees will be by Us.
- If We enter the Unit for any reason and there are no Goods stored in it, We may terminate the Agreement without giving advance notice but will send notice to You within 7 days.
- Where this Agreement has terminated and You have paid more of our Fees and charges than due at the Termination Date, it is at Our sole discretion to refund any balance to You after deduction of any payments due to Us. No interest will accrue on any money held by Us for You. We will return the balance to You by bank transfer, depending on You providing Us with your bank account details. If We are unable to process the repayment because You don’t provide Us with the required information then any unclaimed Deposits and/or credit balances will be forfeited after 6 months from the Termination Date.
- You agree to examine the Goods carefully on removal from the Unit and must notify Us of any loss or damage to the Goods as soon as is reasonably possible.
- Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of Us or You that came into effect during the life of the Agreement. This includes the right to claim damage for breach of the Agreement, liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement.
- OTHER IMPORTANT TERMS:
- We may vary the Storage Fee, Insurance Fee, Cleaning Fees and all other Fees or other terms of this Agreement and add new terms and conditions as long as such changes are notified to You in writing. The modified terms will take effect on the next payment Due Date occurring not less than 28 days after the date of Our notice. You may end this Agreement without charge before the change takes effect by giving notice in accordance with condition 12.7. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.
- You acknowledge and agree that :(a) the terms of this document constitute the whole agreement with Us and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on Our Website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force; (c) the terms of this Agreement apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and Us, been recorded in writing and incorporated into the terms of this Agreement; (f) if We decide not to exercise or enforce any right that it has against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so; (g) it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly no third party will have any rights under this Agreement; (h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement; (i) 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 in the Facility; (j) We may transfer its rights under this Agreement to another organisation and will let You know if we plan to do this; and (k) where there are two or more joint storers, each person takes on the obligations under this Agreement separately.
- This Agreement shall be governed by Irish law and any dispute or claim that either party brings will be decided by the Courts of Ireland. The parties must first try to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation.
Important: Please also see the Summary of Cover which shall apply in addition to any of these conditions if condition 14.7 applies.
- Unless condition 14.7 applies we do not insure the Goods.
- Storage of Goods in the Unit is at your sole risk.
- Subject to condition 14.7 (If You have NOT chosen or if You have cancelled Insurance Cover provided through Us according to Our Summary of Cover) You warrant to us as follows:
- that prior to bringing the Goods onto the Site You have insured the Goods against all normal perils (normal perils in these Terms and Conditions includes all loss, destruction or damage to your property caused by Fire, Lightning, Explosion, Earthquake, Storm, Flood, Burst Pipes, Theft accompanied by forcible or violent entry or exit, Riot, Strike, Civil Commotion, Malicious Damage, Impact by vehicles or aircraft, damage caused by dropping of a container and moth, insect or vermin damage when caused by an external source (Normal Perils)) under a valid contract of insurance with a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site;
- that the insurance cover will not be for a sum which is lower than the full replacement value of the Goods stored in the Unit from time to time. The value is to be based on a replacement-as-new basis; and
- that You will not store items that are prohibited under condition 8.3.
- Unless You are able to provide proof to Us of sufficient insurance and this is approved by Us prior to bringing the Goods to Site, You must take out insurance cover for your Goods provided through Us from Our insurer.
- We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to the Goods caused by Normal Perils, including as a result of negligence by Us, Our agents and/or employees above the sum of €100 which We consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods.
- You warrant that:
- You have provided to Us in writing or in our online check-in form the true total value of all the Goods before You move any Goods into Your Unit. The value is to be based on a replacement-as-new basis. The declared value is not valid without confirmation in writing from Us. If You have not provided and declared to Us in writing or in our online check-in form the true total value of your Goods within 7 (seven) days of your move-in date, a declared value of €5,000 will be added to Your Agreement for each Unit until You declare a value in Our online check-in form or in writing to Us;
- the total value of the Goods stored in the Unit from time to time will not exceed that value; and this warranty is repeated by You to us at each Due Date;
- that if the total value of the Goods stored in the Unit changes You will inform Us in writing immediately. Changes are not valid until confirmed in writing by Us.
- This condition applies only if You have chosen insurance cover provided through Us from Our insurer according to the Summary of Cover. For the avoidance of doubt, we are not providing insurance products or policies ourselves. In that event, the following provisions of this condition 14.7 shall apply, in addition to that stated in the Summary of Cover. If this insurance cover has been assigned to Your Agreement when You booked, and You wish to cancel the insurance cover, you may do so by giving notice to Us in writing within fourteen (14) days after your move-in date. If you continue to store with Us, you can only cancel the insurance cover if you arrange for Your own insurance cover that is compliant with the condition 14.3.
- We shall take out and maintain a contract of insurance with Our insurer in accordance with the Summary of Cover provided to You providing cover to Us for the Goods and for the purposes of such insurance cover, the replacement value of the Goods shall be the true total of the value of the Goods stated by You in when you declared the true value of your Goods in the online check-in form or as otherwise notified to Us in accordance with these Terms and Conditions.
- If You have not provided and declared to Us in writing or in Our online check-in form the true total value of your Goods within 7 (seven) days of your move-in date, the cover value You selected/that was added to Your Agreement when You rented your Unit will be your declared value until you declare a value in our online check-in form or in writing to Us. The declaration you make, and any changes made to the declared value by You before you move in Your Goods or while storing with Us are not valid until you receive a confirmation in writing from Us.
- If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, we shall notify Our insurer promptly of the claim. For the purposes of processing any such claim You shall provide Us, the insurer or any agent of the insurer appointed to investigate such claim with such information and existence as may reasonably be required in relation to the claim. We will also provide to You, the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. In addition, We will send to You a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While We will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, We are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim unless specifically agreed with you in writing.
- You must report any loss or damage to Us in writing immediately upon discovery and before removal of such Goods from your storage Unit. You must then provide written details to Us within the next seven (7) days. Please see the terms set out in the Summary of Cover for more information regarding the process in the event of a claim.
- In the event that We make a claim under such insurance cover in respect of damage or loss caused to the Goods, We shall pay or arrange for payment to You that part of any proceeds of such claim made by Us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to Us from You. For the avoidance of doubt, You acknowledge that Our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which We recover which relate to the Goods.
- We do not give any advice concerning the insurance cover referred to in condition 14 and it is for You to make Your own judgement whether such insurance is appropriate to cover the Goods and risks to them. Please read the Summary of Cover.
- If this condition 14.7 applies then condition 14.3 of the Agreement shall not apply.
- If You fail to pay any Insurance Fees or cover charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are due.
- Nothing in this condition 14.7 shall make Us Your agent.
SUMMARY OF OUR INSURANCE COVER
Summary of Cover – Removers & General – Customer Insurance Protection
Insurer: Lonham Group Ltd on behalf of Chaucer Insurance Company DAC Copenhagen
Registered in the UK and operating from offices at: The Maltings, Princes Street, Ipswich, Suffolk, IP1 1SB, United Kingdom
The Removers’ and General Insurance Policy is an insurance policy for Self Storage Operators to cover customers’ property against loss or damage whilst being stored. This Summary of Cover is for your guidance and explains both the principles of the cover and the terms and conditions of the insurance. If you fulfil the obligations noted herein you will become the beneficiary of Self Storage Operator’s policy, subject to all terms and conditions noted below. In this document, “we”, “us” and “our” means the Insurer. “You” and “your” means the beneficiary of this cover. Your Self Storage Operator is not able to provide any advice regarding the suitability of this cover and cannot provide any additional information other than what is contained within this document
What is Covered?
- Loss, destruction or damage to your property caused by Fire, Lightning, Explosion, Earthquake, Storm, Flood, Burst Pipes, Theft accompanied by forcible or violent entry or exit, Riot, Strike, Civil Commotion, Malicious Damage, Impact by vehicles or aircraft, damage caused by dropping of a container and moth, insect or vermin damage when caused by an external source, other than items and causes specifically excluded or restricted as stated within this Summary of Cover.
- The settlement of any claim shall be by replacement, repair and/or compensation at Insurers’ option.
- In the event of total loss or destruction of any article covered under this insurance, the basis of settlement shall be the cost of replacing the article as new provided that the article is substantially the same as but not better than the original when new. This basis of settlement does not apply to household linen and clothing and claims shall be settled on an indemnity basis.
- Cover is restricted to the reasonable cost of repair and no claim will attach for depreciation consequent upon such repair.
- In respect of documents, the basis of claims settlement shall be limited to the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution but excluding the value of the information contained thereon.
Are the any restrictions on cover?
- Average: If the value declared by a you is less than the total replacement-as-new value of your property at the time of loss, then you will only be entitled to claim that proportion of the loss which the value declared bears to the total replacement-as-new value of your property.
- Cover is restricted to the reasonable cost of repair and no claim will attach for depreciation consequent upon such repair.
- Non Contribution: If at the time of loss there is other insurance in force this cover shall only respond to the extent that losses are not recoverable under the other insurance.
- Insurers’ Rights: Subject to payment of the actual value of a damaged item by Insurers, they may at their discretion take over ownership of the property. No property may be abandoned to Insurers.
Where am I covered?
- Cover is in force while your property stored at the premises of the Self Storage Operator.
- Law & Jurisdiction: English Law and the exclusive jurisdiction of the High Court of Justice, England will apply.
What are my obligations?
- To benefit from this cover you are required to agree to the terms of the Operator’s Licence agreement and declare a correct valuation for your property prior to storing your goods.
- You must declare the value of your property on a replacement-as-new basis.
- It is essential that you do not under value your property as the settlement of any claim may be reduced (see Average Clause above)..Please do not ask your Self Storage Operator for guidance about your valuation. The responsibility of declaring the correct value is yours.
- All external units must be secured by means of a suitable padlock (and where a lockbox is present) placed and locked inside the lockbox.
What is not covered?
- You shall not be entitled to the first EUR60.00 of any claim (the Excess).
- Excluded Property
- Money, coins, bullion, deeds, bonds, securities and the like;
- Jewellery, watches, precious stones, precious metals, and stamps of all kinds exceeding EUR1,000 in total;
- Furs, fine arts, mobile phones, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like; exceeding EUR15,000 combined total;
- Electronic items exceeding EUR15,000 in total. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopiers, VCR’s, hi-fis, stereos, cd players and the like. (Heavy electrical items such as switchgear, turbines, generators and the like shall not be deemed to be electronics).
- Explosives and flammables
- Loss of data records other than the cost of blank data carrying materials.
- Cars, Boats, Quad Bikes, Mopeds, Motorbikes, Motorcycles and the like
- Loss or damage caused by wear, tear, rust, gradual deterioration, inherent vice and latent defect.
- Loss, damage or expense attributable to your wilful misconduct.
- Loss or damage caused by mildew, mould, extremes of temperature or other atmospheric conditions.
- Loss or damage caused by moth, insect and vermin unless from an external cause.
- Loss or damage caused by ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property stored.
- Loss or damage caused by leakage of liquid from any receptacle or container.
- Mechanical or electrical damage or derangement of any mechanical or electrical goods unless reasonably attributable to physical damage to such items from an external cause, or following fire, flood, collision or overturning of road vehicle or other conveyance.
- Consequential loss, loss of market or delay of any kind or description
- Pairs & Sets Clause: Where any items are part of a pair or set, Insurers will only pay the replacement-as-new value for the actual parts which are lost or damaged. No payment will be made for articles that are not lost or damaged.
- Loss or damage from or liability or expense directly or indirectly caused by or contributed to, by, or arising from Radioactive Contamination, Biological, Bio-Chemical and Electromagnetic Weapons.
- Loss or destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
- Loss, damage, expense or liability of whatever nature arising out of or in any way connected with Cyber Attack whether directly or indirectly.
- Loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
- Loss or damage directly or indirectly occasioned by happening through or in consequence of war, invasion, acts of foreign enemy hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection or military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. Loss or damage in respect of goods in storage caused by or resulting from Acts of Terrorism or any person(s) acting from a political motive.
When and how do I pay?
- You must pay all charges due to your Self Storage Operator in full before you can benefit from this cover. Please be aware that any insurance related charges are fees to cover the cost of administering this protection for you.
When does the cover start and end?
- This cover is only to pay for loss or damage discovered during the period of cover provided by the identified insurers.
- Cover attaches from the time your property is placed into storage and ceases upon removal from storage. No cover applies during loading and unloading or during transit.
How do I cancel the cover?
- You may cancel the contract by giving notice to the Self Storage Operator prior to removing any property from store.
What if I have a claim?
- You must report any loss or damage to your Self Storage Operator immediately upon discovery and before removal from your storage unit. You must then provide written details to your Self Storage Operator within the next seven (7) days. You will be issued with a claim form to complete and return to the Self Storage Operator, who will send it to the Insurers and/or their claims settling agent.
- If no response is received within a reasonable time, please contact the Insurers‘ claims settling agent directly:
RCS, Swan House, Swan Centre, Leatherhead, Surrey,KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: email@example.com
- The above notification period is important both for you and Insurers. Where a claim is notified late, it may prejudice yours and/or Insurers position and affect how the claim is considered.
- Your claim will be dealt with as quickly as possible. To enable claims to be dealt with promptly you should:
- Only claim for items that are lost or damaged and covered by the policy,
- Provide all available supporting documents without delay,
- Submit repair estimates, evidence of original/replacement purchase price and, photographs of any damage with your claim form.
- If any claim is found to be fraudulent in any respect, this cover shall become void and all claims shall be forfeited.
- Both Insurers and their claims settling agent, RCS, make every effort to provide a good service to customers whom are entitled to claim from this cover. If on any occasion service falls below the standard you would expect, we would like the opportunity to offer additional support to put things right. If you have any cause for complaint you should, in the first instance contact RCS at the address above.
- If no satisfaction is obtained, complants should be referred to:
The Complaints Officer, Lonham Group Ltd, The Maltings, Princes Street, Ipswich, Suffolk, IP1 1SB, United Kingdom Tel: +44 (0) 1473 216 116 Email: firstname.lastname@example.org,
Chaucer Insurance Company DAC – Complaints, 38 & 39 Baggot Street Lower, Dublin 2, D02 T938, Ireland. Tel: +353 1567 5580. Email: email@example.com.
CHAUCER INSURANCE COMPANY DAC is regulated by the Central Bank of Ireland
- In the event you wish to pursue matters further you may be able to refer the matter to the Financial Ombudsman Service. Further details will be provided at the appropriate time.