1 INTERPRETATION

1. In these Conditions, the following definitions apply unless the context requires otherwise.

References to “we”, “us”, “our” are references to Storebox Self Storage (Ireland) Ltd. or any of its subsidiaries or holding companies. References to “you” and “Your” are references to the Customer named on the Zoho Subscriptions account used by us and the payment details request link that was sent to you.

“Additional Charges” means charges for merchandise, transport, waste facilities, out of hours’ access, false alarm call outs, VAT and other charges that may be incurred from time to time, such as cleaning, repairs and maintenance.

“Agreement” means the Services and Storage Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails.

“Condition” means these Conditions of providing our Services and use of Storage Centre’s together with any additional conditions which may from time to time be brought to your attention or which are supplied herewith.

“Hazardous Materials” means;

• 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.

“Late Charge” means a charge for late payment of a sum due and owing.

“Period” means 4 weeks or 28 days.

“Period of Storage” means the period of time (being not less than 7 days) during which the Property is stored at the Storage Centre.

“Property” means the property from time to time stored at the Storage Centre.

“Regular Charges and Storage Charge” means the service and storage charge levied for each Period that the Property is stored at the Storage Centre.

“Storage Centre” means the premises indicated in the Agreement overleaf.

“Services” means the provision of services related to storage to be provided by us pursuant to these Conditions and the agreement with you, to include cleaning, maintenance, management services, premises security and loading and unloading and the service of storage.

“Total Charge” means the Regular Service and Storage Charges plus any Additional Charges.

“Week” means a period of 7 days.

1.2 Unless defined above, all capitalized words and phrases used in these Conditions refer to terms used in the Agreement overleaf.

1.3 The headings used in these Conditions are for convenience only and will not affect the interpretation of any provisions contained in these Conditions. 

2 THE PROVISION OF SERVICES

2.1 We will upon receipt of the first payment and such other periodic charges as may accrue from time to time, provide the Services to you for the duration of the Period of Storage or until the Agreement is terminated in accordance with clause 12.1 of these Conditions.

2.2 You warrant that you are either the owner of the Property or you are authorized by the owner of the Property to accept these Conditions on his or its behalf.

2.3 We do not inspect property in the Storage Centre and we do not keep any records concerning, or any inventory of, the Property, nor do we have any knowledge of its nature, condition or state of repair.

2.4 Please note that all unit sizes are approximate and we accept no responsibility for their accuracy. In agreeing to our charges you accept that those apply to the unit you use and not any unit it represented.

3 RIGHTS OF ACCESS

3.1 At our discretion, we may allow other persons authorized by you to have access to the Storage Centre and to remove the Property. In that regard if such person has been given the code and the key to the unit we will assume them to be authorized by you to access the unit.

3.2 We will not be liable for loss of or damage to the Property arising from someone been given access or being allowed to remove the Property where we have reasonable grounds to believe that person is entitled or authorized to have access.

3.3 The Storage Centre will be open during the designated opening times. Unless indicated otherwise, the Storage Centre will be closed on bank and public holidays. We reserve the right to alter the designated opening times at our sole discretion by notice at the Storage Centre.

3.4 Out of hours’ access may be arranged, at our discretion. If you require access after normal business hours of the Storage Centre or on a Sunday, bank holiday or public holiday, arrangements must be made in advance during normal business hours with a member of staff at the Storage Centre. An additional charge may be levied for out of hours’ access.

3.5 In the event that due to our occurrence which is our responsibility you are unable to access the unit after arranging out of hours’ access then our liability shall be limited solely to the additional charge in respect of out of hours’ access to which we would otherwise have been entitled.

3.6 In the event that you activate the alarm while availing of out of hour’s access then a false alarm charge will be levied to your account in order to offset the cost incurred by us in relation to the false alarm call out.

3.7 We reserve right to exclude you from the Storage Centre if you are in breach of any of the provisions of the agreement or these Conditions for so long as such breach remains unremedied.

3.8 We alone will determine where the Property is to be stored within the Storage Centre from time to time and we reserve the right to relocate the Property (or any part of it) within the Storage Centre. Notwithstanding any initial or subsequent allocation of spaces for the storage of the Property, you will not be entitled to exclusive possession or use of that or any other part of the Storage Centre.

3.9 We may enter the unit by giving you 7 days’ notice so that we may inspect the unit to ensure compliance with these terms and conditions.

3.10. We may enter the unit at any time without notifying you;

(i) in the case of emergency or when required to do so by the Gardai, fire services, a local authority or under a court order;

(ii) where we suspect the unit is being used in breach of Agreement;

(ii) to gain access in accordance with clause 11 of this Agreement;

(iii) where we believe the unit is being used to store Hazardous Materials or any other prohibited goods (as described in clause 5.1) or in a manner other that the storage of Property as permitted in this Agreement; and

(iv) 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 Storage Centre in accordance with its planning permission.

4 THE TOTAL CHARGE

4.1 The Total Charge will be payable in respect of each period.

4.2 The Total Charge for the first Period will be due and payable on the date that the Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails. The Total Charge for each successive Period thereafter will be due and payable on the first day of that Period.

4.3 We are entitled to increase the Total Charge by giving you 28 days prior written notice which includes email. Any such increase will take effect immediately following the expiry of the current Period. Upon receiving such notice, you are entitled to terminate the Agreement in accordance with clause 12.1 of these conditions.

4.4 We will be entitled to impose a late charge of €5 or 10% of the overdue Services and Storage Charge (whichever is greater) (plus applicable VAT, if any) for each Period that the Total Charge remains unpaid having become due and payable. Such Late Charges will be invoiced separately.

4.5 A service charge of €20.00 will be levied for all returned cheque’s and rejected payments.

5 YOUR UNDERTAKINGS

5.1 You undertake that:

5.1.1 the Property will be securely and properly packed and in such condition as not to cause damage or injury to the Storage Centre or to any other property, whether by spreading damp, infestation, leakage, causing a fire hazard or the escape of fumes or substances. In addition, the Property will not be perishable nor include any animal or other living creature;

5.1.2 before presentation of the Property for Storage, you will inform us in writing of any special services you require or any special storage requirements, due to the nature, weight or condition of the Property;

5.1.3 none of the Property contains or consists of any Hazardous Materials, food, perishable goods or living creatures.

5.1.4 none of the Property constitutes waste as defined in law;

5.1.5 during your period of use of the unit you will keep the surrounding area clean and free of waste and debris, and you are responsible for disposal of your own waste in order that a clean and safe environment is maintained at all times at the Storage Centre;

5.1.6 you will leave the unit and the Storage Centre secure at all times;

5.1.7 you and any other person authorized by you will observe any regulations in force from time to time at the Storage Centre;

5.2 We reserve the right to remove any Hazardous Materials, prohibited goods as described in clause 5.1 or items we consider a safety risk or fire hazard from the Storage Centre.

6 YOUR OBLIGATIONS

6.1 You will not;

6.1.1 allow anything to be done at the Storage Centre, which may be or may become a nuisance or disturbance to our employees, agents or other customers;

6.1.2 transfer or assign or in any way part with your rights or obligations under this Agreement and these conditions without our written consent;

6.1.3 request us to store any Property, the possession of which is a breach of law or which would require us to comply with any statutory duties.

7 LIEN

7.1 We have a general lien over the Property, which entitles us to retain the Property and security for payment of all sums due and payable and becoming due and payable by you under the Agreement and for any other monies which are owed to us by you.

8 OUR LIABILITY

8.1 Subject to clause 10, we shall not be liable for any loss (including consequential or economic loss) or damage to the goods whether or not the loss or damage is due to any act or omission, negligence or willful default by us or by any of our employees, agents or other customers, nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods. Any other representations, conditions, warranties and other terms whether written or oral, express or implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.

8.2 The exclusion of liability in clause 8.1 above does not apply where the damage suffered by you is a direct result of our negligence or wilful default of that of our employees or agents and which causes physical injury to or the death of any person.

10 LIABILITY FOR LOSS AND DAMAGE

10.1 You accept that the property stored at the Storage Centre is stored at your sole risk and expense. You will be solely responsible for taking out appropriate insurance at the full replacement value of the property against all normal perils (i.e. loss or damage to Property caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft accompanied by forcible and/or violent entry or exit, riot, strike, civil commotion, malicious damage and impact by vehicles). In addition, you will procure that the policy of insurance will contain a waiver of the insurer’s rights of subrogation against us. Our employees or our agents.

11 NON PAYMENT OF CHARGES

11.1 If you fail to pay the Total Charge or any Late Charge on the payment due date, we will, at our absolute discretion, be entitled to sell, or in the event that a sale would not be economically justifiable, destroy or otherwise dispose of the Property as we see fit.

11.2 The proceeds of any such sale effected pursuant to sub clause 11.1 above may be applied by us to any unpaid Total Charge or Late Charge and to any other costs, charges and expenses incurred in connection with such sale. You will be entitled to claim the balance (if any) which remains thereafter.

11.3 Any sale affected pursuant to sub clause 11.1 above will be without prejudice to our rights to recover from you any balance outstanding and due from you after the proceeds of the sale have been applied in accordance with sub clause 11.2 of these conditions.

12 TERMINATION

12.1 Either party may terminate the Agreement upon giving no less than 1 day’s notice in writing (including email) to the other party. The customer must give no less than 1 day notice in writing and also vacate the unit before the next charge is due. If the unit is still occupied on the day the charge is due the charge will be processed as normal and no refund will be due.

12.2 Notwithstanding sub clause 12.1 above either you or we may terminate the Agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the Agreement or these Conditions

12.3 Any termination of the Agreement by either you or us will be without prejudice to any other remedies either of us may be able to pursue against each other including the remedy that either of us may be able to sue the other in respect of accrued rights under these Conditions.

12.4 On termination you will give no less than 1 day’s notice to vacate the unit and leave the Storage Centre/Unit in substantially the same condition as it was at the Commencement Date. In the event that the costs are incurred by us in cleaning the Storage Centre or disposing of goods after termination of the Agreement, then we shall be entitled to recover these costs as an additional charge. You are asked to leave the padlock and keys in the empty unit on the floor and the door unlocked.

13 GENERAL

13.1 These Conditions together with the Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us. By uploading payment card details on the Payment details request link you are confirming you have read and are in agreement with these conditions.

13.2 Any notice given under these Conditions will be in writing and signed by or on behalf of the party giving it and may be served by depositing it at or sending it by facsimile or email or first class prepaid post to the addresses stated overleaf or if any change of address has been notified to us at the last address so notified. Any notice so served by facsimile or post will be deemed to have been received in the case of facsimile, 12 hours after the time of dispatch and in the case of first class prepaid post, 48 hours from the time of posting. It is your responsibility to notify us of any change of address and in the absence of such notice, service will be deemed to be good if sent to the address stated overleaf.

13.3 We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this agreement being prevented or delayed by reason of any Act of God, riots, strike or lockout trade dispute or labour disturbance, accident, breakdown of plant machinery or equipment, fire, flood, break-in, difficulty in obtaining workmen, materials or transport, electrical power failure or other circumstances whatsoever outside our control.

13.4 Each of the provisions of the Agreement and of these Conditions is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability in that jurisdiction of any other provisions of the Agreement or these Conditions.

13.5 Nothing in this Agreement or in these Conditions will be treated as creating any tenancy, lease, license, or any relationship of landlord or tenant between you and us nor will be regarded as such.

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

Overview:

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;
• Livestock;
• 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: info@removalclaims.co.uk

• 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.

Complaints Notice

• 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: lonham@lonham.co.uk,

or,

Chaucer Insurance Company DAC – Complaints, 38 & 39 Baggot Street Lower, Dublin 2, D02 T938, Ireland. Tel: +353 1567 5580. Email: complianceenquiries@chaucergroup.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.

Updated: 13.03.2023