1) WHAT THIS AGREEMENT COVERS
a) These terms and conditions and the PodProtectAddendum, where applicable, constitute the agreement between Us on which Wesupply products to you, whether these are goods, services or digital content.
b) Please read these terms carefully beforeyou proceed with your order with us.
i. If you have already submitted your orderand you do not agree with these terms then you must advise Us immediately sothat your contract can be terminated in accordance with paragraph 23)b) and23)c) of this Agreement.
c) These terms tell you who We are, how Wewill provide products and services to you, how you and We may change or end thecontract, what to do if there is a problem and other important information. Ifyou think that there is a mistake in these terms and conditions, please contactUs to discuss.
d) In some areas you will have differentrights under these terms depending on whether you are a business or consumer.You are a consumer if:
i. You are an individual; and
ii. You are buying products from Us whollyor mainly for your personal use (not for use in connection with your trade,business, craft or profession).
e) If you are a business customer, Youacknowledge that you have not relied on any statement, promise, representation,assurance or warranty made or given by or on behalf of Us which is not set outin these terms and that you shall have no claim for innocent or negligentmisrepresentation or negligent misstatement based on any statement in thisAgreement. Nothing in this Agreement affects your statutory rights as aconsumer. If you are a business customer, certain liability provisions andexclusions may apply differently, but always subject to reasonableness underEnglish law.
2) INFORMATION ABOUT US AND HOW TO CONTACTUS
a) We are E-Storage Worldwide Limited, acompany registered in England and Wales. Our company registration number is10785417 and Our registered office is at Unit 23, Uxbridge Trade Park, CowleyMill Road, Uxbridge, UB8 2DB. Our registered VAT number is 278214783. Ourtrading name is “easyStorage”.
b) You can contact Us by telephoning Ourcustomer service team at 018955 41323 or by writing to Us atinfo@easystorage.com
c) If We have to contact you We will do soby telephone or by writing to you at the email address or postal address youprovided to Us in your order.
3) ACCEPTANCE OF TERMS
a) Please read these terms and conditionscarefully to be sure that you understand them. By proceeding with a booking,you are agreeing to these terms and conditions. Your attention is particularlydrawn to paragraphs 18) (Disclaimer) and paragraphs 19) (Liability)
b) If you have requested these terms andconditions to be sent to you as a hard copy, you may sign and return a hardcopy of these terms and conditions to us. By signing and returning a copy ofthese terms and conditions you are agreeing to these terms
c) If you are signing and returning a hardcopy of these terms and conditions and not placing your order through Our Websitethen you may inform Us of what products you are ordering (including any goodsand/or services) over the telephone or by email. Where you have made your orderover the telephone or by email, all references to making an order through the Websiteshould be amended accordingly
d) You must be at least 18 years old to usethe Collect & Store Service. By registering to use the Collect & Store,you represent and warrant that you are 18 years of age or older.
4) OUR CONTRACT WITH YOU
a) Our acceptance of your order will takeplace when We email you to accept it, at which point a contract will come intoexistence between you (“you” and “your”) and Us with the terms and conditionsset out in this Agreement and the order you placed on Our Website (or the orderplaced over the telephone or email if signing a hard copy of these terms andconditions)
b) If We are unable to accept your order,We will inform you of this by email and will not charge you for the products orservices. This might be because a product is out of stock, because ofunexpected limits on Our resources which We could not reasonably plan for,because We have identified an error in the price or description of a product orservice or because We are unable to meet a delivery deadline you have specified
c) We will assign an order number to yourorder and tell you what it is when We accept your order. It will help Us if youcan tell Us the order number whenever you contact Us about your order
5) DEFINITIONS
a) In these Terms and Conditions, thefollowing words have the following meaning:
§ “We”, “Us”, “Our” means easyStorage;
§ “1 Storage Unit” means a storage space with the followingdimensions: (D) 2000 mm x (W) 1400 mm x (H) 2250 mm, 6.5 cubic meters, 3 squaremeters (the equivalent of 35 square feet) (as set out in more detail on the Websiteunder ‘Space Guide’);
§ “Access Hours” means 09.00 – 16.00 Monday to Friday excluding BankHolidays.
§ “Access Request” means a request by you to arrange a visit to thestorage facility where your Storage Unit(s) is stored to access your StorageUnit(s). This service is subject to availability.
§ “easyStorage Agent” means an easyStorage representative contacted bytelephone, email, chat, social media or in person.
§ “Agreement” means this agreement entered into by you and easyStoragefor the provision of the Collect & Store Service and/or the purchase ofeasyStorage Packing Materials on these terms and conditions and the details youprovided in your order on the Website, the PodProtect Addendum and PodProtect –Liability Claim Notification Addendum (where applicable).
§ “App” means the app created by easyStorage.
§ “easyStorage Packing Materials” means the packing materials that Wesell on Our Website.
§ “Hourly Rate” means the hourly charge per driver(s) and/or loader(s)for labour as set out on the Website or explained by an easyStorage Agent.
§ “Inventory” has the meaning given to it in paragraph 9) a) v.
§ “Month” means a calendar month.
§ “Packaging Requirements” means easyStorage’s packaging requirementsfrom time to time, as set out in this Agreement.
§ “Collect & Store Services” means the services referred to inparagraph 9) a).
§ “Collect & Store Service Zone” means an area in the UnitedKingdom within 10 miles radius of the original collection location of YourProperty, or for items dropped at our storage facility, a 10 miles radius fromthat address.
§ “Website” means easyStorage’s website at www.easyStorage.com.
§ “Space Guide” means the tool available on the Website which allowsYou to understand how much storage space is required.
§ “Storage Space(s)” means the 1 Storage Unit or multiples thereof.
§ “Storage” or “Storage Unit” means a storage space with the samedimensions as the 1 Storage Unit.
§ “Working Day” means Monday to Saturday, excluding Bank Holidays. Anyreference to Working Day in this Agreement shall be interpreted in this way.
§ "Writing” includes emails.
§ “Item” means the entire contents of a box, parcel, package, carton,case or similar container or any other object or thing that is moved, handledor stored by Us.
§ “PodProtect” means an agreement between Us where We accept a higherlimit of liability in return for payment of the PodProtect Charges and inaccordance with the PodProtect Addendum and this Agreement.
§ “PodProtect Charges” means Our additional charges for PodProtect.
§ “Replacement Value” means the current cost of replacing YourProperty, allowing for age, quality, degree of use and secondhand market valueat the time Your Property is packed or otherwise made ready for removal and/orstorage, except:
i. For any Property which cannotbe purchased new (such as antiques or works of art, for example), theReplacement Value is the current market value of such Property; and
ii. For documents, the ReplacementValue shall be calculated as the physical cost of replacing the documentsand/or cost of reprinting, re-issue and/or reconstitution, but excluding thevalue of the information contained in the documents.
iii. We are not liable for the costof replacing Your Property as new unless You can evidence it was brand new andunused at the time at the time Your Property is packed or otherwise made readyfor removal and/or storage.
§ “Maximum Replacement Value” means the maximum sum of the ReplacementValues for Your Property at all times for the duration of this Agreementincluding where Our Collect & Store Services include removal and/or storageof Your Property on multiple occasions or where You add or remove Your Propertyfrom storage.
§ “Property” or “Your Property” means any and/or all goods submittedfor removal and/or storage.
6) TERMS AND CONDITIONS
a) In order to use the Collect & StoreService and/or purchase easyStorage Packing Materials, you must agree to theseterms and conditions. You may not use the Collect & Store Service and/orpurchase easyStorage Packing Materials if you do not accept these terms andconditions. Your use of the Collect & Store Service and/or your ordering ofany easyStorage Packing Materials will be taken as acceptance of these termsand conditions.
b) easyStorage may refuse or may cease toprovide the Collect & Store Service and/or easyStorage Packing Materialswhere easyStorage considers that the Collect & Store Service and/orprovision of easyStorage Packing Materials is or may be used in breach of theseterms and conditions, or for any unlawful or improper purpose or for any otherreason.
c) easyStorage may change these terms andconditions from time to time. easyStorage will notify you of any changes byposting them on the company Website. Any changes to these terms and conditionswill come into force on the date stated in the notice which shall not be lessthan ten days from when notice is given. If you use the Collect & Store Serviceand/or purchase easyStorage Packing Materials after changes to the terms andconditions have come into force, you will be taken to have agreed to thechanges. If you do not agree to the changes, then you may terminate thisAgreement under paragraph 24).
7) YOUR INFORMATION
a) In order to use the Collect & Store Serviceand/or purchase easyStorage Packing Materials, you will be required to provideinformation about yourself (such as identification and contact details) as partof the registration process for the Collect & Store Service and/orpurchasing of easyStorage Packing Materials, or as part of your continued useof the Collect & Store Service. You agree that any registration informationyou give to easyStorage, including payment details, will always be accurate,correct and up to date.
b) easyStorage processes information aboutyou in accordance with its Privacy and Cookies Policy. By using the Collect& Store Service and/or purchasing easyStorage Packing Materials, youconsent to this processing.
8) PASSWORD AND SECURITY
a) When first signing up to use the Collect& Store Service and/or to purchase easyStorage Packing Materials, you willbe required to choose a password as part of the registration process. You canlog into your account and change your password at any time. You are responsiblefor maintaining the confidentiality of your username and password and areresponsible for all activities that occur under your account.
b) You shall:
i. keep your username and password strictlyconfidential and take all reasonable steps to ensure that nobody other than youaccesses your account using your username and password; and
ii. promptly notify easyStorage if youbecome aware or suspect that your username and password have become known tosomeone else.
9) THE SERVICE
a) In return for the charges payable underthis Agreement, as and when requested by you from time to time, easyStorageshall provide the following service (the Collect & Store Service) to you:
i. where you request, deliver easyStoragePacking Materials to your specified delivery address.
ii. collect Your Property suitably preparedfor transport, from your specified collection address on the collection datechosen by you on the Website or through an easyStorage Agent and confirmed byeasyStorage to you by email.
iii. if you request that we assist you withpacking and preparing Your Property for transport (charges will apply accordingto time taken rounded up to the next full hour for each member of staff);
iv. If you request that we assist you withdismantling or assembling any unit, system or furniture (including flat pack) thiswill be charged at £37.50 per item.
v. if you request that we assist you inmaking an inventory of Your Property prior to storage (the Inventory) that canbe linked to each Storage Unit via the Website’s inventory management system(charges will apply according to time taken rounded up to the next full hourfor each member of staff). The Inventory produced pursuant to this paragraph isdone so purely to assist in reminding you what you have in storage, in eachStorage Unit, but the Inventory is not to be considered proof of packing.
vi. load Your Property onto Our vehiclesready for transport to a storage facility (charges will, depending on the job,either be on a fixed price per Storage Unit basis or will apply according totime taken rounded up to the next full hour for each member of staff). FixedCollection and Return fees exclude packing/waiting time – charged at £80/houror part hour rounded up to the nearest hour
vii. transport Your Property packed ineasyStorage Packing Materials or Property otherwise suitably prepared fortransport to either an easyStorage storage facility or a third party’s storagefacility and store them there; and
viii. returning Your Property to yourspecified return address on the date chosen by you on the Website or through aneasyStorage Agent and confirmed by easyStorage to you by email.
ix. return Your Property subject to twoclear working days’ notice subject to Our availability. As much notice aspossible should be given to avoid inadvertently rolling into a further billingperiod. In the case that there is no availability and, therefore, youroll over to another billing period you will be charged for a full week’sequivalent storage charge for every week or part week that is used.
x. If you require assistance fromeasyStorage staff during an Access visit to unload, load or pack there will a chargeof £40 per hour or part hour rounded up to the next hour for each member ofstaff engaged.
xi. easyStorage reserves the rights to moveYour Storage Unit between storage facilities, at its own cost, should the needarise without notice.
xii. an additional fee of £6 per mile, inc.vat, will apply if the return address is more than 10 miles from the locationof the collection of Your Property. The charge will be applied to the number ofadditional miles shown in Google maps for the fastest route suitable for thevehicle type.
xiii. in the event a fixed price perStorage Unit is given for loading Your Property there is a 3-hour limit beforea per loader, per hour charge is applied.
b) You agree that the Storage Space thatyou requested on the Website or through an easyStorage Agent has sufficientdimensions to accommodate Your Property for collection and storage at a storagefacility, subject to any change to the Storage Space that may be agreed byeasyStorage at the time of collection (if possible). Any guidance obtainedfrom the Space Guide or from an easyStorage Agent is intended as a guide onlyand is not a guarantee that your items will fit.
c) You agree that if you arrange for adelivery, collection or return on a Saturday, Sunday or Bank Holiday or in aspecific time slot on any day, additional fees as set out on the Website andApp from time to time may be payable.
d) Times given by easyStorage on the Website,App, agent or otherwise for delivery, collection or return are arrival windowestimates only and easyStorage shall not be liable for any delay in delivery,collection or return.
e) Quotes regarding pricing given byeasyStorage on the Website and App or otherwise for the provision of the Collect& Store Service are estimates only and easyStorage reserves the right tocharge for the actual cost of providing the Collect & Store Servicerequested by you on the Website or through an easyStorage Agent.
f) easyStorage may cancel or postpone anydelivery, collection or return where easyStorage considers that it may endangerany employee, easyStorage representative, contractor or member of the publicdue to (including but not limited to) severe weather conditions or by reason ofeasyStorage having limited access to your specified delivery, collection orreturn address.
g) easyStorage will not be responsible for:
i. disconnecting, reconnecting, dismantlingor reassembling appliances, fixtures, fittings or equipment; or
ii. removing Property from or returningProperty to rooms or areas of your property where it is deemed difficult to doso without causing some level of damage.
iii. any damage caused directly or becauseof agreeing to undertake any of the actions laid out in 9) g i or 9) g) ii
iv. fridges, freezers, dishwashers orwashing machines not being defrosted, drained or dried ahead of the day ofcollection. You will be liable for any damage caused to either yourproperty, our property or to that of other customers’ property at the storagefacility due to the improper preparation of this Property.
h) We may make additional charges if:
i. the stairs, lifts or doorways areinadequate for free movement of Your Property without mechanical equipment orstructural alteration, or the approach, road or drive is unsuitable for Ourvehicles and/or containers to load and/or unload within 20 meters of thedoorway or We have to pay parking or other fees, fines, emission or congestioncharges in order to carry out services on your behalf.
ii. the Storage Space you have chosen hasinsufficient volume (either calculated with the dimensions set out under the‘Space Guide’ on the Website or from representations made by our agent) toaccommodate the volume of Your Property and you need more storage (althoughthere can be no guarantee that easyStorage will be able to accommodate youradditional needs immediately).
10) PURCHASING OF EASYSTORAGE PACKINGMATERIALS
a) Placing an order for easyStorage PackingMaterials and its acceptance
i. By ordering easyStorage PackingMaterials on the Website or through an easyStorage Agent you agree that eachorder is an offer by you to buy the easyStorage Packing Materials specified inyour order subject to the terms and conditions set out in this Agreement.
ii. Our order process allows you to checkand amend any errors before submitting your order to us. Please check the ordercarefully before confirming it. You are responsible for ensuring that yourorder is complete and accurate.
iii. After you place an order, you willreceive an email from Us acknowledging that We have received it, but pleasenote that this does not mean that your order for easyStorage Packing Materialshas been accepted. Our acceptance of your order will take place as described inparagraph 10) c) below.
iv. We will confirm Our acceptance to youby sending you an email that confirms that the easyStorage Packing Materialshave been dispatched (Dispatch Confirmation).
v. If We are unable to supply you with theeasyStorage Packing Materials for any reason, We will inform you of this byemail or by telephone and We will not process your order. If you have alreadypaid for the easyStorage Packing Materials, We will refund you the full amountincluding any delivery costs charged as soon as possible.
b) The easyStorage Packing Materials
i. The images of the easyStorage PackingMaterials on Our Website are for illustrative purposes only. Although We havemade every effort to display the colours accurately, We cannot guarantee thatyour computer's display of the colours accurately reflect the colour of theeasyStorage Packing Materials. The color and specification of easyStoragePacking Materials may vary slightly from those images.
ii. Although We have made every effort tobe as accurate as possible, all sizes, weights, capacities, dimensions andmeasurements indicated on Our Website have a 10% tolerance.
iii. Although We will make every effort toprovide you with the easyStorage Packing Materials branded and as shown on the Website,there may be times when We are temporarily out of stock of the brandedeasyStorage Packing Materials and easyStorage reserves the right to provideeasyStorage Packing Materials without any branding or with alternative brandingunder these circumstances.
c) Delivery, transfer of risk and title
i. We will contact you with an estimateddelivery date, which will be within two days after the date of Our DispatchConfirmation.
ii. Delivery is complete once theeasyStorage Packing Materials have been unloaded at the address for deliveryset out in your order and the easyStorage Packing Materials will be at yourrisk from that time.
iv. You own the easyStorage PackingMaterials once We have received payment in full, including of all applicabledelivery charges.
iv. If We fail to deliver the easyStoragePacking Materials, Our liability is limited to the cost of obtainingreplacement packing materials of a similar description and quality in thecheapest market available, less the price of the easyStorage Packing Materials.However, We will not be liable to the extent that any failure to deliver wascaused by a Force Majeure event, or because you failed to provide adequatedelivery instructions or any other instructions that are relevant to the supplyof the easyStorage Packing Materials.
V. If you fail to take delivery within twodays after the day on Ih We notified you that the easyStorage Packing Materialswere ready for delivery, We may resell part of, or all the easyStorage PackingMaterials.
d) You may also purchase easyStoragePacking Materials in person from Our staff at the time of the collection ofYour Property and pay for them directly with Our staff at the time. For theavoidance of doubt, Our staff will not accept any cash payments and will onlytake card payments in accordance with paragraph 15).
e) We do not accept returns of unusedpacking materials unless specifically agreed in writing beforehand.
11) YOUR RESPONSIBILITIES
a) You will be responsible for:
i. obtaining and ensuring that easyStorageor its carrier have such access and parking facilities as may be reasonablyrequired to carry out the Collect & Store Services.
ii. being present, or ensuring that someoneauthorised by you is present, during the delivery, collection and return ofYour Property and/or any easyStorage Packing Materials.
iii. Where You load or unload your StorageUnit/s at the Storage Facility, you must:
1. Inspect the Storage Unit/s prior toloading and inform Us if You believe it to be damaged or unsuitable for Yourrequirements in any way. Otherwise, the Storage Unit will be deemed to be ingood condition at the commencement of the contract.
2. Comply with all fire, safety andsecurity precautions or instructions at the Storage Facility or while using theStorage Unit as directed by a member of our staff.
3. Inform us immediately of any damage toany of the Storage Units.
4. Comply with the directions of Ouremployees, representatives or subcontractors at the Storage Facility and anyfurther regulations for use of the Storage Unit, which we may issue from timeto time.
iv. providing easyStorage with your contactdetails (including a working telephone number) and ensuring that these areaccurate and up to date.
v. notifying easyStorage of anychanges regarding your orders two clear working days’ notice before the:
delivery of your easyStorage Packing Materials.
Collectionof Your Property; or
return of Your Property; or
where such delivery, collection or returnis scheduled – Sunday or Bank Holidays do not count as working days,
vi. ensuring Your Property has beensecurely packed in accordance with Our Packaging Requirements and is suitablyprepared for transport and storage so as not to cause damage or injury or therisk of damage or injury to easyStorage’s property, employees, representatives,contractors or other goods, whether by spreading of damp, infestation, leakageor the escape of fumes or substances or otherwise. If any items of Property arefragile you must ensure they are thoroughly bubble wrapped in multiple layersand carefully packed; and
vii. ensuring that the volume of Propertyyou require to be collected, loaded and stored by easyStorage fits into thedimensions of the Storage Space you ordered on the Website or through aneasyStorage Agent. You acknowledge that each Storage Space is made up ofmultiple individual Storage Units (as shown on the Website under the ‘SpaceGuide’) and therefore no single item of Your Property that you require to becollected and stored can be greater than the dimensions of a single StorageUnit and for the avoidance of doubt, no single item being stored can be longerthan 2250mm (i.e. the height of a single Storage Unit). Any Property thatdoes not fit in a Storage Unit may be stored as a loose item and be charged foraccordingly on a per item basis. However, it may be necessary to make anadditional booking for another time to collect unexpected oversize items; and
viii. ensuring that the weight of YourProperty shall not exceed 650 kg per Storage Unit as requested on the Websiteor through an easyStorage Agent and calculated in accordance with the orderedStorage Space.
ix. Obtain at your own expense, alldocuments, permits including parking or visitor permits or vouchers or relevantchange for the parking meters, permissions, licenses, customs documents and anyother documents necessary for the removal to be completed. This includesreserving a suitable parking place/suspension bay within proximity of theproperty for Our vehicle/s.
b) You must not
i. Use the Storage Unit or Storage Facilityin a way which is or may become a nuisance to Us, Our employees,representatives, subcontractors or other customers
ii. Sub license, transfer assign or in anyway part with the benefit of this agreement which shall be reserved to You.
vi. Cause any damage to the StorageUnit or the Storage Facility or to Our property or possessions or any othercustomers. If in breach of this clause You must (at our option) repair, restoreor replace such damaged items, or reimburse our costs in making necessaryrepairs, restoration or replacement.
iv. Cause any obstruction or unduehindrance in any passageway, stairway service area, access area or other partof the Storage Facility
12) YOUR PROPERTY
a) You warrant that Your Property is yourown property or that you have the right and authority to store the items inaccordance with this Agreement.
b) easyStorage does not warrant that thestorage facility used by easyStorage is a suitable place or means of storagefor any goods.
c) Your Property must not include and youmust not store any of the following (“Excluded Items”):
i. E-scooters, E-Bikes, E-Skateboards andany battery powered vehicles of any similar kind.
ii. Fur perfume products, tobacco, cigars,cigarettes, beers, wines, spirits or similar.
vii. Money or currency of any kind, jewelry,watches, trinkets, precious stones or metals, deeds, securities, bullion,bonds, securities, stamps, coins or goods or collections of any similar kind;
iv. Any irreplaceable Property including,but not limited to, family photos/videos, children’s drawings/art or schoolwork, wedding dresses and university submissions, for example (see alsoparagraph 19) i) iv 11).
v. Furs worth in excess of £100.
vi. Lithium-Ion batteries or devicescontaining Lithium ion batteries.
vii. E-cigarettes.
viii. Pornographic material.
ix. Medicines, medical needles or drugs ofany kind.
x. Food or perishable items or thoserequiring a controlled environment.
xi. Property likely to encourage vermin orother pests or to cause infestation or contamination.
xii. Pets, livestock or any other livingcreatures or plants.
xiii. Combustible, highly flammable orexplosive substances such as fireworks, gas, paint, petrol, oil, cleaningsolvents, aerosols, or compressed gases.
xiv. Any illegal item or substances oritems illegally obtained such as illicit, counterfeit or smuggled tobacco oralcohol and unlicensed or unsafe items.
xv. Property which is environmentallyharmful or that are a risk to property or person.
xvi. Weapons, firearms, ammunition orexplosives or parts, associated accessories, materials or ingredients of all kinds.
xvii. Toxic chemicals, radioactivematerials, biological agents; toxic waste, asbestos or other potentiallyhazardous substances.
xviii. Any item that emits fumes or odors.
xix. Any item which requires special licenseor government permission for export or import.
xx. Liquids and semi-liquid foods in glass,plastic or metal containers.
xxi. Sharp knives or other kitchenimplements unless blade is fully protected with a suitable material;
xxii. Specialised equipment with electronicand/or fragile components.
d) You agree to make Your own arrangementsto transport, or store Excluded Items – We will not, under any circumstances,transport or store Excluded Items. If You submit any Excluded Items without Ourknowledge, We will have no liability for loss or damage to Excluded Items orwhere other Property is damaged by the Excluded Items.
e) Should it become apparent that anyExcluded Items are contained within Your Property, such items will be removedand disposed, and the rest of Your Property will be searched for furtherprohibited items, which if found, will also be removed and disposed. Whereappropriate, We will inform the Police authority. An administration fee of £50will be charged for each prohibited item that is found. Further disposal feesmay also be applied depending on the nature of the Excluded Items.
f) easyStorage may
i. refuse to store Your Property; or
ii. break the security seals on a StorageUnit and divide the contents to multiple Storage Units where the Storage Unitexceeds the permissible weight. Additional Storage Units will be chargedfor accordingly without prior notice; or
iii. return Your Property, at your cost, atany time, if, in easyStorage’s reasonable opinion, the storage, or continuedstorage, of Your Property would represent a risk to the safety of any person,the security of the storage facility, or any other goods stored at the storagefacility.
iv. without notice, move Your Property toan alternative storage facility should your account fall into arrears. This new location will be where you will be required to visit should yourequire access (once your account is paid up to date) and will be where anymilage charge for returning Your Property will be calculated from as the newstarting point.
g) You agree that if title to Your Propertyis subject to any third-party claim:
i. easyStorage has the right to investigatethe title and be satisfied as to such title before returning Your Property; and
ii. easyStorage may keep possession of YourProperty and continue to charge you until it has completed any investigation asto title in accordance with paragraph i above.
13) RESTRICTIONS
a) You must not:
i. use the Collect & Store Service inany way that is unlawful or fraudulent, or for any unlawful or fraudulentpurpose or effect;
ii. sub-license, re-sell or offer in anymanner, to a third party, the Collect & Store Service or use of or accessto the Collect & Store Service, whether for commercial gain or otherwiseunless easyStorage has previously agreed in writing; or
iii. attempt to interfere with or disruptthe Collect & Store Service or the Website or the App or any server ornetwork used by or connected to the Website or to gain unauthorised access toany such server or network.
14) Access
a) You have the right to make an AccessRequest for you Storage Unit during Access Hours as posted by Us and subject totwo clear working days advanced notice in accordance with the terms of thisAgreement. We will try to provide advance warning of changes to Access Hours bynotice at the Storage Facility and/or by SMS or email but reserve the right tochange Access Hours temporarily to other reasonable times without giving priornotice.
b) We do not guarantee that access will beavailable in two working days. This is the minimum notice period required, youwill be advised of the first available Access appointment time following thisnotice period.
c) Only You or others authorised oraccompanied by You (“Your Agent”) may access the Storage Unit. You areresponsible for and liable to Us and other users of the Storage Facility forYour own actions and those of Your Agent. We may (but are not obliged to)require proof of identity from You or any other person at any time and, at Oursole discretion, may refuse access to any person.
d) We may refuse You access to the StorageUnit and/or the Storage Facility if your account is overdue or any payment isoutstanding, whether or not a formal demand for payment has been made, or if Weconsider the safety or security of any person, Storage Unit or Property on orat the Storage Facility has been threatened or may be put at risk.
e) You authorise Us and Our employees andcontractors to enter Your Storage Unit in the following circumstances and tobreak any lock or seal if reasonably necessary to gain entry: (i) on not lessthan 7 days’ notice to inspect or carry out repairs or alterations to theStorage Unit or any other part of the Storage Facility; (ii) without priornotice (but with notice as soon as practicable after the event) in the eventof: an emergency (including for repair or alteration) or to prevent injury topersons or damage to Our own property; (iii) if We believe the Storage Unit isbeing used to store prohibited Property or Excluded Items or used for aprohibited purpose; (iv) if We are obliged to do so by law, by the Police, FireServices, Trading Standards, HM Revenue & Customs, other competentauthority or by a Court Order; (v) to relocate the Property or exerciseOur lien or power of sale or disposal in accordance with this Agreement; (vi)to separate Your Property into additional Storage Units where the total weightof Your Property in any single Storage Unit exceeds the maximum permissibleweight (see paragraph 11)a)viii); (vii) to investigate title to Your Propertyin the event of any dispute; and (viii) where We consider it necessary ifinappropriate packing materials may have been used by You.
f) If You access Your Storage Unit whilestored by Us or on Our behalf:
i. It is Your responsibility to provide Uswith an updated Maximum Declared Value (if You opt for PodProtect) as soon aspossible but in any event within 10 days.
ii. You are deemed to have loaded theStorage Unit yourself and Our liability for the remaining period of storage anddelivery out of storage will be restricted as set out under paragraph 19) i) ii.
iii. You must notify Us of any loss ordamage You discover in accordance with paragraph 20) d).
15) CHARGES AND PAYMENT
a) You may choose to sign up to the Collect& Store Service on the Website or through an easyStorage Agent either:
i. on a rolling Month by Month ‘pay as yougo’ basis (i.e. every calendar month);
ii. on a rolling half yearly by half yearlybasis (i.e. every 24 weeks); or
iii. on a rolling yearly basis (i.e. every52 weeks);
b) You shall pay to easyStorage charges forthe Collect & Store Service as follows:
i. where you sign up to the Collect &Store Service on a rolling Month by Month ‘pay as you go’ basis, you shall payeasyStorage’s standard rates for the time being in force as detailed on the Website. No notice will be given when you are due to roll over to the next Month.
ii. where you sign up on a rolling halfyearly by half yearly basis, you shall pay easyStorage’s set half yearlycharges as detailed on the Website; or
iii. where you sign up on a rolling yearlyby yearly basis, you shall pay easyStorage’s set yearly charges as detailed onthe Website; and
iv. Hourly Rate of easyStorage’sstaff/contractor’s labour, whether such labour is used for the loading,unloading, packing or assistance in making an Inventory or any other additionalservice that requires the labour of easyStorage’s staff/contractors as set outunder paragraph 9) a). The amount of labour or time required purely depends onthe amount of labour and time required and charges will apply accordingly.
c) Where you sign up to the Collect &Store Service on a half yearly or yearly basis, easyStorage will email you atyour specified email address 5 days before the minimum period expires, and youwill have the option to extend the Collect & Store Service for a furtherchosen specified period of months. If you do not choose to extend the Collect& Store Service, you shall either:
i. terminates the Agreement in accordancewith paragraph 24) a); or
ii. be deemed to sign up to the Collect& Store Service on the same basis as you originally signed up to the Collect& Store Service for, (i.e. either on a rolling half yearly by half yearlybasis or a rolling yearly by yearly basis), and shall pay to easyStoragecharges for the Collect & Store Service in accordance with paragraphs 15) b)ii or 15) b) ii above respectively.
d) easyStorage reserves the right toincrease the charges payable by you in accordance with the charges listed onthe Website from time to time upon notification to you if Your Property iscollected:
i. has a volume greater than the StorageSpace selected by you on the Website or through an easyStorage Agent; or
ii. exceeds the maximum weight limit of650kg per Storage Unit; or
iii. for any single item that is 100kg ormore in weight, including but not limited to pianos. It may be necessaryto make an additional booking for another time to take overweight items. We may from time to time need to subcontract to a specialist mover.
e) In the event that easyStorage staff areleft waiting and easyStorage staff cannot begin their work at the agreed timethen easyStorage reserves the right to charge you for the full cost of thewaiting time at the rates set out for labour under paragraph 15)b)iv above(i.e. according to the Hourly Rate of easyStorage staff/or contractors’labour).
f) All charges are inclusive of VAT. If therate of VAT changes, easyStorage reserves the right to adjust the VAT you payon the charges from the date the change takes effect.
g) We accept payment from Visa, Mastercard(and other payment service providers as advised from time to time) andeasyStorage’s charges are payable by credit card or debit card in advance asfollows:
i. charges for easyStorage to send youeasyStorage Packing Materials will be payable when you place an order on the Websiteor through an easyStorage Agent.
ii. In respect of any Storage Space and arolling contract ‘pay as you go’ basis:
1. Initial charges will be payable on theday the service is provided. First periods storage fee (month, half year oryear), collection fee and PodProtect (pursuant to paragraph 19) f) is payableon the day your items are collected for storage
2. charges for subsequent storage periods,and any charges for PodProtect which you choose to purchase pursuant toparagraph 19) f), are payable every anniversary (month, half year, year) commencingon the date that Your Property was collected from your specified collectionaddress for transit to a storage facility.
3. You are required to have a valid paymentcard always registered against your account. If no valid card is registered,then you are required to pay a security deposit of three months storage rental.
iii. You consent to the payment card youhave provided being charged at the anniversary of your Storage Space for thenext payment period where you plan rolls over for another period in accordancewith clauses 15) a.
iv. You grant Us authority to charge thepayment card provided, without notice, for any outstanding balance on youraccount at any time on or after the amounts become due, including any feesassociated with returning your Goods. You confirm that you have gainedthe approval of the card holder to do so should the card not be yours but athird parties.
4. If the payment card provided is not inyour name, you confirm that the cardholder has given you consent to use theircard to make payments in accordance with these terms and that you have made thecardholder aware of your obligations under this Agreement, including but notlimited to there being recurring payments.
5. you sign up to the Collect & Store Servicefor a specified period; and
6. subject to paragraph 23), if you requestthe return of all Your Property before the end of the specified period, youwill be liable for all storage charges for Your Property up to the end of theagreed minimum period. The charges for easyStorage to return Your Property toyour specified return address (the cost of which as notified to you when youplaced your order on the Website or through an easyStorage Agent), are payablein full when you arrange for Your Property to be returned.
h) If you store additional Property to thatalready in storage with easyStorage.
i. the agreed charges for Your Propertyalready in storage will continue to apply to that Property; and
ii. the monthly charges for storage inrelation to the additional Property will be calculated based on the totalvolume of Your Property that will be in storage.
i) If you request the return of all or anyof Your Property before the end of the specified minimum period, you may storethe same number of replacement Property with easyStorage to the end of theagreed minimum period at no extra storage charge. Your replacement Propertywill be subject to the same level of easyStorage’s liability as those itemswhich they replace. Charges will apply as set out in paragraph 15) b) above,for:
i. collection of your replacement Property;and
ii. easyStorage to return your replacementitems to your specified return address.
j) easyStorage may charge £20.00administration fee to cover easyStorage’s costs if the issuer of your paymentcard refuses to or does not, for any reason, authorise payment to easyStorage. It is likely that easyStorage will attempt to take payment on more thanone occasion so such administration fees will be charged on each occasion.
k) If payment of the charges and any otheramounts payable are not received by the due date, easyStorage may (withoutprejudice to any other right or remedy, including the right to withhold ordispose of the Your Property under paragraph 16), charge interest on theoutstanding amount at the rate of 5% per annum above the base lending rate ofBarclays Bank plc from time to time, £20.00 per letter or email sent in theprocess of collecting the outstanding debt, and collect any charges from you asthe debtor for auction or sales fees, and any transaction fees required.
l) easyStorage may review the monthlycharges from time to time. If easyStorage increases the standard monthly ratesfor the charges:
i. for all new orders, the new standardrates (as set out on the Website) will take immediate effect.
ii. for existing customers who signed up tothe Collect & Store Service on a rolling month by month basis, the newstandard rates will be notified to you by email to your specified email addressnot less than one calendar month in advance of your following monthly bill andshall come into effect from that bill. If you do not agree to the increased charges,you may terminate this Agreement in accordance with paragraph 24); and
iii. for customers who signed up to the Collect& Store Service on a half yearly or yearly basis, the rates will not changefor the remainder of the term and will only increase to the new standard rateon the anniversary of the commencement of your storage term
m) Additional charges as set out on the Websitefrom time to time may be applied if:
i. you provide insufficient or inaccurateaddress information.
ii. you are, or someone authorised by youis not, available at the premises during the specified delivery, collection orreturn period that you booked when requesting such delivery, collection orreturn and after reasonable efforts to contact you to rearrange.
iii. easyStorage’s carrier is unable toaccess your premises to deliver or collect Your Property and the delay lastslonger than twenty minutes.
iv. delivery, collection or return of YourProperty takes over one hour per storage unit to complete from arrival at youraddress through no fault of easyStorage’s carrier/staff.
v. you request that delivery, collection orreturn of Your Property be carried out outside of normal working hours (09.00—17.00 Monday — Friday).
n) subject to paragraph 23), if you cancelany collection of Your Property that has been confirmed with easyStorage, thefollowing charges will be payable to easyStorage:
i. On the day of collection – fullloading/transportation fee, first month’s PodProtect and first month’s storage.
ii. Less than 2 clear working days (notincluding the day of service) – full loading/transportation fee, first monthsPodProtect and first month’s storage.
iii. 2 or more working days' notice (notincluding the day of service) – no charge.
o) subject to paragraph 23), if you cancelany return of Your Property that has been confirmed with easyStorage, thefollowing charges will be payable to easyStorage:
i. On the day of return – fullloading/transportation fee.
ii. Less than 2 clear working days (notincluding the day of service) – full loading/transportation fee.
iii. 2 or more working days' notice (notincluding the day of service) – no charge.
p) subject to paragraph 23), if you cancelyour Access booking with less than two clear working days’ notice or you don’tshow at an agreed time to Access Your Property, then we reserve the right torefuse future Access requests.
q) Booking requests to Access your StorageUnits is based on a Fair Use policy.
r) If you are a business customer you mustpay all amounts due to Us under these terms in full without any set-off,counterclaim, deduction or withholding (other than any deduction or withholdingof tax as required by law). Nothing in this Agreement affects your statutoryrights as a consumer. If you are a business customer, certain liabilityprovisions and exclusions may apply differently, but always subject toreasonableness under English law.
s) Whilst We process refunds immediately,please note that some card processing companies might take up to 10 days ormore to place funds back into your account.
16) RIGHT TO WITHHOLD OR DISPOSE OFYOUR PROPERTY
a) If you do not pay the charges or anyother payments due under this Agreement, easyStorage shall have the right towithhold and ultimately dispose of some or all of Your Property in accordancewith this paragraph 16). You will be responsible for all storage charges andother associated costs reasonably incurred by easyStorage while withholding ordisposing of Your Property.
b) In the event that your account exceeds30 days overdue, easyStorage will provide you with 30 (thirty) days writtennotice requiring you to pay all amounts overdue and to contact easyStorage toarrange for re-delivery of Your Property. If, upon the expiration of the 30-daynotice period you have failed to pay all the amounts due, easyStorage willescalate the recovery process and a fee of £250 will be applied to commencedisposal of some or all of Your Property by sale, gift to charity, orotherwise.
c) easyStorage is under no obligation tovalue items being disposed of or sort through your storage items to achieve thebest possible price for individual items. easyStorage may sell your storageitems as part of a batch to specialist traders for a fixed price.
d) If in easyStorage’s reasonable opinionYour Property cannot be sold for a reasonable price or at all (for any reason)or despite easyStorage’s reasonable efforts they remain unsold, you authoriseeasyStorage to treat them as abandoned and to destroy or otherwise dispose ofthem at your cost.
e) You shall be responsible for all costsreasonably incurred by easyStorage in relation to the disposal of Your Propertyincluding an administrative charge of £275. The administrative charges remainpayable by you, together with any outstanding debt less any amount that We mayhave been able to recover from the sale of Your Property.
f) Interest will continue to accrue on thebalance under paragraph 15) m) until it is paid in full. Failure to pay thisbalance within seven days will result in recovery action and further debtcollection charges.
g) If, having been served with 30 dayswritten notice requiring you to pay all amounts, you make a part, but not fullpayment, during the 30-day notice period, the notice period will remain ineffect from the date the notice was initially given.
h) If, we agree to enter a payment planwith you to clear your outstanding balance once the 30-day notice period hascommenced then the notice period will be suspended so long as the payment planis adhered to. In the event of a default under the payment plan, the 30-daynotice period will commence from where it left off.
i) Any payment plan must be sufficient tomeet the ongoing storage charges & fees and reduce the outstanding balance.
17) FEEDBACK
Where you provide easyStorage with anyfeedback or suggestions in relation to the Website or the App or the Collect& Store Service, you agree that easyStorage shall have no confidentialityobligations with respect to such feedback or suggestions and easyStorage mayuse or incorporate into the Website or the App or the Collect & Store Serviceany suggestions, enhancement requests, recommendations or other feedbackprovided by you.
18) DISCLAIMER
a) easyStorage provides the Website and theApp on an “as is” and “as available” basis with all faults. easyStorage doesnot warrant that use of the Website or the App will be error-free oruninterrupted or that any defects will be corrected.
b) easyStorage will provide the Collect& Store Service and the easyStorage Packaging Materials with reasonablecare and skill and substantially as described in this Agreement. easyStoragedoes not make any other promises or warranties about the Collect & Store Serviceand/or the provision of the easyStorage Packing Materials.
19) easyStorage’s LIABILITY FOR LOSS ORDAMAGE TO YOUR PROPERTY
a) Our liability commences from the time:
i. We take the Storage Unit and YourProperty into Our custody after You have loaded Your Storage Unit at ourStorage Facility.
ii. We take any Property into our custodywhen We are loading the Storage Unit; or
iii. Your Property is professionally packed(if You engage Us for packing services).
b) Our liability ceases:
i. When Your Property is collected fromstorage by You or Your Agent.
ii. Where any of Your Property is unloadedfrom the Storage Unit by Us, Our liability extends to cover the period ofunloading but only for the Property unloaded by Us; or
iii. Where Your Property is professionallyunpacked by Us, Our liability extends to cover the period of professionalunpacking, provided this takes place within seven (7) days of delivery of theProperty to its final location.
c) For the avoidance of doubt, where Weprovide packing or loading services, We do not accept liability for anyProperty loaded into the Storage Unit by You or Your Agent until we take theStorage Unit into our custody as set out under paragraph 19) a) i.
d) Subject to the restrictions set out inthis paragraph 19), We shall be liable for identifiable losses, destruction ofor damage to Your Property while the Goods are in our custody and control(defined as “Loss” or “Damage”).
e) Restricted Liability
i. We shall only be liable for loss ordamage to Your Property caused by Our negligence up to a maximum of £40 perItem and £250 per Storage Unit (see Definitions), whichever is less, for anyone event or series of connected events.
ii. For the avoidance of doubt, We shallhave no liability for loss or damage unless directly caused by our negligence.
iii. It is Your responsibility to arrangeinsurance to cover the Maximum Replacement Value of Your Property whilst intransit and in storage and We recommend that You do so. We do not give anyadvice as to the suitability or otherwise of any insurance cover arranged byYou.
f) PodProtect – Enhanced Liability Option
i. As an alternative to paragraph 19) e),you may opt for. “PodProtect” means an agreement between You and us where Weaccept an enhanced liability in return for payment of the PodProtect Charges inaccordance with the terms of the PodProtect Addendum and this Agreement.
g) Nothing in this Agreement limits anyliability which cannot legally be limited, including liability for physicalinjury to or the death of any person which is a direct result of negligence or willfuldefault on the part of Us, Our employees, representatives or subcontractors.
h) No individual employed or engaged by Uswill be separately liable to You for any loss or damage under the terms of thisAgreement.
i) Exclusions of liability
i. You agree that We will not be liable forany loss or damage to any Excluded Item(s) (see paragraph 12)c)) or loss ordamage to other Property caused by Excluded Item(s).
ii. If You or Your Agent have been fully orpartially responsible for loading the Storage Unit:
1. We accept no liability for loss ordamage to any Property which occurs during transit UNLESS such loss or damageis a direct consequence of collision to or overturning of the conveyingVehicle, or as a result of theft following forcible entry to the Storage Unit.
2. We accept no liability for breaking,scratching, denting, chipping, staining, tearing and the like because ofinadequate packaging; and
3. It is Your responsibility to pack orstack Your Property in the Storage Unit properly and securely.
iii. Where the lost or damaged item is partof a pair or set, Our liability, where it is assessed as the cost ofreplacement of that item, is to be assessed as a sum equivalent to the cost ofthat item in isolation, not the cost of that item as part of a pair or set orany undamaged part of a pair or set.
iv. We accept no liability for thefollowing:
1. Mysterious disappearance or unexplainedshortage of Your Property except because of theft evidenced by forcible entryto Your Storage Unit.
2. Loss or damage caused by the act oromission of You or Your Agent including but not limited to any failure tosecure the Storage Unit the conduct of You or Your Agent in the Storage Unit orat the Storage Facility, the loading or unloading of Property into or from theStorage Unit.
3. Loss or damage to glass, crystal,crockery and other fragile items; items with any glass element, and otherfragile items (This restriction is amended if You opt for PodProtect);
4. Loss or damage to any Property inwardrobes, drawers or appliances, or in a package, bundle, carton, case orother container not both packed and unpacked by Us.
5. Soft furnishings such as but not limitedto sofas, armchairs and mattresses that are not protected by polythene covers.
6. Damage to the outside of suitcases,bags, sports bags, plastic containers and hard cases for instruments.
7. Any reduction in value or depreciationresulting from damage or subsequent repair or restoration.
8. Loss of data records, other than thecost of blank data materials.
9. Electrical, electronic or mechanicalderangement, except where this results directly from external physical damagecaused by Our negligence.
10. Any Property confiscated, seized,removed or damaged by customs authorities or other government agencies.
11. Any value which is purely sentimental.
12. Any financial loss other than inrespect of the Property, or any business loss, including loss of profits, lossof sales or business, loss of anticipated savings, loss of or damage togoodwill, or commercial value in the Property.
13. Damage which results directly from YourProperty being moved under Your express instructions against Our advice.
14. Reimbursing You for Our Contract Pricesor PodProtect Charges.
15. Any other loss or damage which is notreasonably foreseeable. Loss or damage is foreseeable if either it is obviousthat it would happen at the time the contract was entered into, or where it isnot obvious but We knew that it was a risk because (a) You notified Us inwriting prior to Us confirming Our charges; and (b) We agreed in writing toaccept liability for this risk before entering into the Agreement.
v. We will not be liable for loss or damageof Your Property caused by:
1. Moth or vermin or similar infestation.
2. Cleaning, repairing or restoring YourProperty unless We arranged for the work to be carried out.
3. Loss of structural integrity offurniture constructed of particle board resulting from crumbling of the board,including where we dismantle or assemble any unit, system or furniture.
4. Damage to televisions, monitors orscreens of any nature that are not protected by original manufacturer packagingor boxes supplied by easyStorage.
5. Normal wear and tear, natural or gradualdeterioration, discoloration and loosening of joints.
6. Inherent or latent defects in the Property.
7. Accidental damage occurring duringloading or unloading Your Property except where We handle Your Property.
8. Leakage of liquid from any receptacle orcontainer or thing.
9. Mold, mildew or rust or changes inatmospheric conditions unless proven to be caused by water entering the transitvehicle or container or unit.
10. A cyber-attack; and
11. Circumstances beyond Our reasonablecontrol, including but not limited to, war, invasion, acts of terrorism,activities relating to war, terrorism, acts of foreign enemies, hostilities(whether war is declared or not), rebellion, revolution or military coup,confiscation or destruction under the order of any official body,radioactivity, ionising radiations from any nuclear fuel/waste, biological orchemical weaponry, pressure waves caused by aircraft or any other eventsoutside Our reasonable control.
j) If you are a business customer, allterms implied by sections 13 to 15 of the Consumer Rights Act and sections 3 to5 of the Supply of Goods and Collect & Store Services Act 1982 areexcluded. Nothing in this Agreement affects your statutory rights as aconsumer. If you are a business customer, certain liability provisions andexclusions may apply differently, but always subject to reasonableness underEnglish law.
k) Damage to premises or property otherthan Property submitted for removal and/or storage.
i. Our liability for loss or damage topremises or property other than Your Property for removal, at the time ofcollection, return or delivery, is limited as follows:
ii. easyStorage shall not be liable fordamage caused because of moving Property under your express instruction,against Our team’s advice, where to move Property in the manner instructed islikely to cause damage.
iii. where third party contractors arecarrying out work on your premises, easyStorage’s liability shall be limited tomaking good only the damaged area.
iv. should easyStorage be provedresponsible for causing damage to your premises or to property other thanProperty submitted for removal and/or storage, you must note this on the tabletor booking confirmation prior to Our team leaving your premises.
20) WHERE YOUR PROPERTY IS LOST ORDAMAGED
a) If You have Your own insurance in placeto cover loss or damage to Your Property, You must recover Your losses fromYour insurers in the first instance.
b) Notwithstanding paragraph 20) a), if Youdiscover loss or damage to Your Property, it is important that You notify Us inwriting as soon as possible. The sooner that You notify Us, the sooner We canestablish the cause of loss or damage to the Property and properly investigate.
c) You must notify Us in writing andprovide a detailed description of any loss or damage to Your Property in anyevent within seven (7) days of:
i. delivery of Your Property to itsdestination; or
ii. Completion of Our professionalunpacking service.
d) If You access Your Property while storedby Us or on Our behalf, any loss or damage to Your Property You discover whichhas occurred during transit into store must be confirmed to Us immediately upondiscovery, and confirmed in writing as soon as possible thereafter, but nolater than seven (7) days after discovery.
e) If You or Your authorised representativecollects Your Property from storage, You must inspect the Property at the timeit is handed to You or Your Agent and notify Us immediately of any loss ordamage whilst still on our premises. This must be then notified to us inwriting as soon as possible thereafter, but no later than seven (7) days afterdiscovery. We shall not be liable for any loss or damage which is discoveredafter Your Property is removed from Our custody.
f) We will not be liable for any loss of ordamage to Property unless You notify Us of such loss or damage within the timelimits specified above. In exceptional circumstances, We may agree to extendthis time limit where You request this in writing, provided such request isreceived within seven (7) days of delivery or collection.
g) We may make such enquiries as necessaryto investigate the loss or damage to Property and You agree to co-operate withUs and Our insurers in Our enquiries, and to provide any additional relevantinformation without delay where We request this. Please retain any damagedProperty until We have had a reasonable opportunity to inspect (if necessary)any damage.
h) On receipt of notice of loss or damageto Your Property, You will be given a claim form to complete and return to Us,for onward submission to Our insurers or their appointed representatives. Thefollowing information will be required:
i. Your name and contact details.
ii. Estimates for repairs or replacement.
iii. As many details as possible about theloss or damage, including proof of purchase, photographs of any damage and anydamaged item(s) in their entirety.
vi. In the event of theft, a crimereference number must be provided.
i) The settlement of any claim for loss ordamage shall be either: replacement, repair, cleaning or compensation at Oursand Our insurer’s option, subject to the liability limit set out in paragraph19) e) or PodProtect, where applicable. We reserve the right to collect anydamaged items as salvage where the full current market value of any Property isissued in settlement of Your claim.
j) If You do not receive a response from Uswithin a reasonable time, You may contact Our claims settling agent directly atRCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United KingdomTel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
k) If You provide Us with misleading orincorrect information relating to a claim for loss or damage to Your Property,or make a claim that is fraudulent, false or exaggerated, We may:
i. reject the claim;
ii. where applicable, cancel or void the PodProtectAddendum without refund of PodProtect Charges; and
iii. recover from You any costs We haveincurred in dealing with Your claim.
vi. In the event of a fraudulent claim makea police report
21) YOUR LIABILITY TO easyStorage
You shall reimburse easyStorage in full anamount equal to all damages, liabilities, costs, claims and expenses thateasyStorage may incur because of your use of the Collect & Store Service orany breach by you of this Agreement.
22) OWNERSHIP OF RIGHTS
All rights, including copyright, in the Website,this Agreement and the Collect & Store Service are owned by or licensed toeasyStorage.
23) RIGHT TO CANCEL – “COOLING OFFPERIOD”
a) Each request for the Collect & StoreService by you shall constitute a separate contract between you and easyStorageon these terms and conditions.
b) Subject to paragraph 23) c) below, youhave the right to change your mind and cancel each contract within 14 calendardays after the day on which you entered the contract with easyStorage. If youwish to cancel within the 14 calendar days you must notify easyStorage inaccordance with paragraph 27).
For clarity: If you request a collection within the 14-day cooling-off period,you expressly agree that we may begin providing the service immediately. Indoing so, you acknowledge that you waive your right to cancel without charge,and you will be liable for reasonable costs incurred up to the point ofcancellation.
c) You acknowledge that you will lose yourright to cancel under paragraph 24)a) if you request easyStorage to collectYour Property in accordance with paragraph 9) before the period of 14 calendardays elapses.
For clarity: If you request a collection within the 14-day cooling-off period,you expressly agree that we may begin providing the service immediately. Indoing so, you acknowledge that you waive your right to cancel without charge,and you will be liable for reasonable costs incurred up to the point ofcancellation.
i. In the event you cancel within the 14-daycooling off period without giving two clear working days’ notice, anadministrative fee of £49 and a charge of £100 per van for the van/fuel/manuallabour for the first 10 miles will be levied. Anything additional milagecovered will be charged at £6 per mile, per van.
d) Should you return any PackagingMaterials during the cooling off period you will be responsible for arrangingand paying for them to be returned.
e) If you withdraw an offer to enter into acontract with easyStorage prior to acceptance of the contract by us, or, if youcancel a contract under paragraphs 23)b) or 23)c) above, any ancillarycontracts are automatically terminated, without any costs to you, other thanany costs incurred where paragraphs 23)c) or 23)d) above apply.
24) TERMINATION
a) subject to paragraph 23), you mayterminate this Agreement at any other time by requesting in writing the returnof Your Property and paying any outstanding charges due to easyStorage. Seeparagraph 15) for charges.
b) easyStorage may terminate this Agreementwith immediate effect by notice in writing to you, if:
i. you fail to pay any amount due,including any interest accrued, by the date due; or
ii. you are in breach of any term of thisAgreement.
c) easyStorage may terminate this Agreementfor any reason by giving you not less than 28 days written notice.
d) Upon termination of this Agreement forany reason you must contact easyStorage promptly to arrange for re-delivery ofYour Property.
e) If within 30 days following terminationof this Agreement for any reason you fail to arrange for re-delivery of YourProperty, then easyStorage may dispose of Your Property accordance with theprovisions of paragraph 16).
25) REFERRAL POLICY
a) The easyStorage referral policy allowsyou to earn credit to your easyStorage account by referring friends toeasyStorage.
b) When you receive a referral code fromeasyStorage either by email or via the Website or the App, you may share thereferral code with your friends in person, through the Website, Twitter,Facebook, Instagram or by email.
c) You may not post your referral code onvoucher Websites or affiliate marketing schemes.
d) You may not create false accounts,fabricate redemptions or otherwise engage in attempts at forgery or fraud.
e) By default, the maximum referrals youcan claim for is 10. This may be extended by written agreement fromeasyStorage.
f) You agree that by sharing the referralcode through the Website or the App your friend will be provided with your nameand email address.
g) If:
i. a referee uses the referral code whenusing the Collect & Store Service for the first time; and
ii. such friend does not cancel the Collect& Store Service within the cancellation period for such Collect & StoreService, easyStorage shall credit the sum agreed for that referral to youreasyStorage account.
h) You acknowledge that a referred friendmay only use one referral code.
i) The customer referral policy is not opento easyStorage staff or ambassadors.
j) In the event of any disputes regardingany referral credit the decision of easyStorage is absolute and final.easyStorage reserves the right to revoke any credit that has been deemedimproperly acquired.
k) Referral rewards be they cash, token orcredit against an account, will only be valid if the referral was made at thetime of booking. No rewards will be awarded retrospectively.
26) ASSIGNMENT AND SUB-CONTRACTING
a) You shall not assign, sub-license,sub-contract or otherwise deal with all or any of your rights and obligationsunder this Agreement without easyStorage’s prior written consent.
b) This Agreement shall be binding on yourpersonal representatives, successors and permitted assigns.
c) easyStorage shall have the right toassign all or any of its rights and obligations under this Agreement and in theevent of such assignment shall give notice of it to you.
d) easyStorage may sub-contract theperformance of any of its obligations under this Agreement to any third party(including transportation, packing and storage), but such sub-contracting shallnot relieve easyStorage of any liability under this Agreement.
27) NOTICES
a) Any notice to be given under thisAgreement may be delivered or be sent by prepaid registered post sent firstclass or may be transmitted by email addressed as follows:
i. if to easyStorage — to its head officeaddress or email address as stated for the time being on the Website.
ii. if to you — to the billing address oremail address for you which you registered with easyStorage or which you lastnotified to easyStorage.
b) Notice served by post shall be deemedserved on the second working day after the date of posting. Notice served byemail shall be deemed served on the next working day after the date oftransmission.
28) GENERAL
a) This Agreement together with the detailsprovided in your order constitute the whole agreement and understanding betweenyou and easyStorage relating to the Collect & Store Service and/or thepurchasing of easyStorage Packing Materials.
b) You acknowledge and agree that, inentering into this Agreement, you do not rely on, and shall have no remedy inrespect of, any statement, representation, warranty or understanding (whethernegligently made or not) other than as expressly set out in this Agreement.
c) The failure of easyStorage to exerciseor enforce any right or provision of this Agreement shall not constitute awaiver of such right or provision.
d) If for any reason any provision of thisAgreement, or any portion thereof, is found to be unenforceable, the remainingprovisions of this Agreement shall continue to be fully valid permitted by law.
e) This Agreement is not intended tobenefit anyone other than the parties to it and none of the terms of thisAgreement shall be enforceable under the Contracts (Rights of Third Parties)Act 1999 by a third party.
f) This Agreement is governed by EnglishLaw and both parties submit to the exclusive jurisdiction of the EnglishCourts.
29) PROMOTIONAL CODES
a) easyStorage promotional codes allow youto receive a discount on your order, either as a percentage or an absolutemonetary amount.
b) You may not post your promotional codeon voucher Websites, affiliate marketing schemes or other 3rd party Websites.
c) You may not create fake accounts, splityour bookings with the intention of exploiting a promotional code or otherwiseengage in attempts at forgery or fraud.
d) You may not use multiple promotionalcodes on a single order.
30) PACKAGING REQUIREMENTS
a) What We will accept:
i. Any of Our easyStorage Packing Materials.
ii. Standard boxes (either Our easyStorageboxes or any double-walled cardboard box up to maximum weight being 25kg);
iii. Suitcase, bags, and sport bags andmusical instruments in hard cases (maximum weight being 25kg)
iv. Bicycles, skis, snowboards
v. Printers, TVs and other electricalequipment within original packaging including polystyrene interior (maximumweight being 25kg)
vi. Furniture, other outsize items or anysingle item that is 100kg or more in weight, including but not limited topianos and exercise equipment, must be agreed to in writing. Additionalcharges may apply.
b) What We will not accept:
i. Any item that is longer than 2250mm ordoes not fit into a Storage Storage Unit; or
ii. any items containing liquids, chemicalsor food.
iii. Pianos
c) Please call Us if you have items outsidethis range as We may be able to help.
d) In terms of outer packing, We will notbe liable for anything not packaged as per the “What We will accept” list inparagraph 30)a) above.
31) IF THERE IS A PROBLEM WITH THESERVICE
If you have any questions or complaintsabout Our Collect & Store Service, please contact us. You can telephone Ourcustomer service team at 018955 41323 or write to Us at info@easystorage.com oreasyStorage, Unit 23, Uxbridge, Trade Park, Cowley Mill Road, Uxbridge, UB82DB.
32) HOW WE MAY USE YOUR PERSONALINFORMATION
a) How We will use your personalinformation. We will use the personal information you provide to us:
i. to supply the Collect & Store Serviceto you.
ii. to process your payment for the Collect& Store Service; and
iii. if you agreed to this during the orderprocess, to give your information about similar services that We provide, butyou may stop receiving this at any time by contacting us.
iv. only if you agreed to this during theorder process (and in accordance with Our privacy policy), give your personalinformation to other third parties for the purposes of marketing differentproducts and/or services.
b) We will only give your personalinformation to other third parties, including those in Our franchise network,and where the law either requires or allows Us to do so.
33) ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution if you are aconsumer. If there is a dispute arising from this Agreement which cannot beresolved, subject to the agreement of both parties, either you or We may referthe dispute to an arbitrator appointed by the Chartered Institute ofArbitrators. The cost of any such arbitration will be at the discretion of thearbitrator. This does not prejudice your right to commence court proceedings.
PodProtect Addendum
Please take the time to read the detailedterms in the table below. In particular, We draw Your attention to ‘Exclusions– what PodProtect does not provide for’ as this includes terms where We limitor exclude Our liability to You in certain circumstances.
Note: “PodProtect” means an agreement toaccept an enhanced liability for loss or damage to Your Property as describedin this Addendum. PodProtect is not a contract of insurance. We are not aninsurance company, nor are We acting as Your agent. We shall not arrangeinsurance in Your name. We assume the risk of liability ourselves, but We mayat Our option arrange insurance ourselves which provides cover for Ourliability to You in certain circumstances.
PodProtect may not be available in certaincircumstances, and We reserve the right to decline at Our sole discretion whereYou have indicated that You wish to opt for PodProtect.
PodProtect - What do I receive?
· In return for payment of the PodProtectCharges, We agree to accept an enhanced liability for loss or damage to YourProperty and paragraph 19) e) of Our Terms and Conditions will not apply.
· Instead, We accept liability forany direct physical loss or damage to Your Property following a breach of OurDuty of Care up to a maximum of (i) the Maximum Replacement Value; or (ii) theactual value of Your Property either lost or damaged (whichever is less),taking into account any Proportional Reduction, and subject to certainexclusions (see ‘Exclusions – what PodProtect does not provide for’).
· Our liability to You under PodProtectfor loss or damage to Your Property is to be assessed as a sum equivalent tothe cost of (a) repair or cleaning or (b) the Replacement Value (as defined inOur Terms and Conditions), whichever is the smaller sum.
· If you submit a claim, additionalclaims processing administration charges apply. We will deduct a £50 chargefrom any settlement awarded to you to cover our administration costs (“ClaimsAdmin Fee”)
Our Duty of Care under PodProtect
Our liability in relation to Your Propertyunder PodProtect shall be that of a reasonably careful person under likecircumstances. We shall not be liable for any loss or destruction of or damageor deterioration to Your Property, however caused, while Your Property remainsunder Our care, custody or control, unless such loss, damage, destruction ordeterioration resulted from Our failure to exercise such care in relation toYour Property as a reasonably careful person would exercise under likecircumstances, and We will not be liable for damages which could not have beenavoided by the exercise of such care.
PodProtect - Your Responsibility
To opt for PodProtect, it is Yourresponsibility to:
· provide Us with Your MaximumReplacement Value to indicate You wish to opt for PodProtect; and
· notify Us in writing of any changeto the Maximum Replacement Value prior to Your Property being made ready forcollection. If You do not notify Us otherwise, We will assume that the MaximumReplacement Value last provided to Us in writing is accurate.
Our Maximum Liability
We will have no liability under anycircumstances for loss or damage to Your Property over and above the MaximumReplacement Value (or the actual value of Your Property either lost or damagedif this is less than the Maximum Replacement Value).
Proportional Reduction
If the Maximum Replacement Value Youprovide is less than the actual total Replacement Value of all of Your Propertyat the time of loss or damage, then Our liability will be reduced to reflectthe proportion that Your Maximum Replacement Value bears to the actual totalReplacement Value (“Proportional Reduction”).
(For example: if the total replacementvalue of Your Property is £10,000, but You have declared a Maximum ReplacementValue of £5,000, Our liability will be reduced by 50%. So, if £3,000 worth ofYour Property is lost or damaged, Our liability would be £1,500.)
General Exclusions and Limitations
· We exclude and limit certain typesof loss or damage, as set out in paragraph 19)i) of Our Terms and Conditions.Please read these exclusions and limitations carefully – they apply whether Youopt for PodProtect.
· There may also be circumstanceswhere Excluded Items (paragraph 12)c)) are moved or stored by Us without Ourknowledge. Where You submit Excluded Items for removal and/or storage in breachof this Agreement, You agree that You will bear the risk of any loss or damageto such Excluded Items and any connected consequential losses incurred by Youor Us (paragraph 12)d)).
Exclusions – what PodProtect does notprovide for
Our liability for loss or damage to thefollowing Property is restricted:
· We will not be liable for any lossof or damage to china, crystal, crockery, glassware and other fragile items(“Fragile Items“) where they have not been both professionally packed andunpacked by Us or Our Subcontractor (“Owner Packed”) unless as a result ofcollision or overturning of road vehicles or other conveyances. In any event,Our liability for Owner Packed Fragile Items is limited to £100 per Item under PodProtect.
· With the exception of FragileItems, in the event of an accident involving an Owner Packed Item where damagewould have occurred irrespective of the quality of the packing, then Ourmaximum liability is limited to £100 for the entire contents of the Item or theactual value of the damaged Property (taking into account the Property‘s ageand condition at the time of loss or damage) whichever is less.
· For loss of Owner Packed Items,Our liability is limited to a maximum of £100 per Item unless a detailed listof the contents is disclosed to and agreed by Us prior to the commence of OurCollect & Store Services.
· For the avoidance of doubt, theliability limitations noted above relate to the entire contents of the Item (asdefined in our Terms and Conditions) or the actual value of the damagedProperty (taking into account age and condition at the time of loss or damage)whichever is less.
Why we restrict our liability
In certain circumstances, We limit orexclude Our liability for loss or damage to Your Property. We do this becauseit is not always clear how the damage was caused or who caused the damage (e.g.where Property is not securely packed by You and this results in damage). Weexclude liability for Fragile Items not packed by Us as this type of Propertyis not suitable for storage with Us.
We also cannot accept liability for Loss orDamage which could not have been reasonably avoided. Please be reminded that PodProtectis not a contract of insurance, and You have the option to arrange Your owninsurance separately.
Our Agreement
Our standard Terms and Conditions alsoapply in full to this Agreement, save for, if You opt for PodProtect: (a) Ouragreement to accept a higher limit of liability as described above (so, thelimit in paragraph 19) e) is replaced by the Maximum Replacement Value takinginto account and Proportional Reduction); and (b) Our agreement to accept anominal liability for Loss or Damage to Owner Packed and Fragile Items (so theexclusions noted under paragraphs 19) i) iv) 3 and 19) i) iv) 4 are modified).
PodProtect Charges
Additional charges may apply for PodProtectwhere the actual Maximum Replacement Value exceeds £25,000. We may also choosenot to accept a higher limit of liability under PodProtect where the MaximumReplacement Value exceeds £25,000.
We will tell You whether We can accept ahigher limit of liability under PodProtect and what additional charges mayapply when You provide Us with Your Maximum Replacement Value. Unless and untilWe agree on any additional charges payable, You will not be able to benefitfrom PodProtect.
Failure to pay PodProtect Charges
If You fail to pay the PodProtect Chargesin full on the due date for payment (paragraph 15)), You will not benefit fromthe higher limit of liability that We offer under PodProtect and Our liabilityto You will, instead, be in accordance with paragraph 19) e) of Our Terms andConditions (i.e. maximum of £40 per Item or £250 per Storage Unit, whicheverthe lesser). At Our sole discretion, We may choose to reinstate PodProtect onpayment of any overdue or outstanding PodProtect Charges, unless any loss or damageto Your Property has already occurred prior to payment of such charges.
Termination /Cancellation
· You have the right to cancel PodProtectby giving Us written notice prior to the services commencing. You may notcancel PodProtect once services have commenced, except where Your Property isbeing placed into storage for more than one (1) month, in which case, You mustgive Us notice in writing prior to removal of Your Property from storage. Youcan provide notice by emailing Us at info@easystorage.com or by writing to Usat Unit 23, Uxbridge Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB.
· If You cancel PodProtect prior tothe services commencing, We will refund to You all PodProtect Charges paid byYou.
· If Your Property is in storage,and You give Us notice to cancel PodProtect prior to removal of Your Propertyfrom storage, We will refund to You any PodProtect Charges that You have paidin advance for PodProtect in respect of the period after cancellation (e.g.from the date that We receive Your notice to cancel).
· We may cancel Your right tobenefit from PodProtect and terminate this Addendum at any time by giving Youthirty (30) days’ notice in writing, except where it terminates or lapses priorto expiry of the notice period because You failed to make payments inaccordance with this Agreement.
· Where We cancel or terminate thisAddendum, We will refund to You all PodProtect Charges paid by You in advancein respect of the period after cancellation (e.g. from the date We notify Youof cancellation);
· You will have the right to cancelthe services (prior to commencement) or storage with immediate effect butsubject to paragraphs 23) and 24) of Our Terms and Conditions
PodProtect – Liability Claim NotificationAddendum
Where Your Property is lost or damaged
1) If You have Your owninsurance in place to cover loss or damage to Your Property, You must recoverYour losses from Your insurers in the first instance.
2) Notwithstanding paragraph1 above, if You discover loss or damage to Your Property, it is important thatYou notify Us in writing as soon as possible. The sooner that You notify Us,the sooner We can establish the cause of loss or damage to the Property andproperly investigate.
3) You must notify Us inwriting and provide a detailed description of any loss or damage to YourProperty in any event within seven (7) days of delivery of Your Property to itsdestination.
4) If You access YourProperty while stored by Us or on Our behalf, any loss or damage to YourProperty You discover which has occurred during transit into store must beconfirmed to Us immediately upon discovery, and confirmed in writing as soon aspossible thereafter, but no later than seven (7) days after discovery.
5) If You or Your authorisedrepresentative collects Your Property from storage, You must inspect theProperty at the time it is handed to You or Your Agent and notify Usimmediately of any loss or damage before leaving the premises and in writing assoon as possible thereafter, but no later than seven (7) days after discovery.We shall not be liable for any loss or damage which is discovered after YourProperty is removed from Our custody.
6) We will not be liable forany loss of or damage to Property unless You notify Us of such loss or damagewithin the time limit specified above. In exceptional circumstances, We mayagree to extend this time limit where You request this in writing, providedsuch request is received within seven (7) days of delivery or collection.
7) We may make such enquiriesas necessary to investigate the loss or damage to Property and You agree toco-operate with Us and Our insurers in Our enquiries, and to provide anyadditional relevant information without delay where We request this. Pleaseretain any damaged Property until We have had a reasonable opportunity toinspect (if necessary) any damage.
8) On receipt of notice ofloss or damage to Your Property, You will be given a claim form to complete andreturn to Us, for onward submission to Our insurers or their appointedrepresentatives. The following information will be required:
a. Your name andcontact details;
b. Estimates forrepairs or replacement;
c. As many details aspossible about the loss or damage, including photographs of any damage and alsoany damaged item(s) in their entirety.
9) The settlement of anyclaim for loss or damage shall be either: replacement, repair, cleaning orcompensation at Ours and Our insurer’s option, subject to the liability limitset out in paragraph 19) e) or PodProtect, where applicable. We reserve theright to collect any damaged items as salvage where the full current marketvalue of any Property is issued in settlement of Your claim.
10) If You do not receive a responsefrom Us within a reasonable time, You may contact Our claims agent directly atRCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United KingdomTel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
11) If You provide Us withmisleading or incorrect information relating to a claim for loss or damage toYour Property, or make a claim that is fraudulent, false or exaggerated, Wemay:
a. reject the claim;
b. where applicable,cancel or void the PodProtect Addendum without refund of PodProtect Charges;and
c. recover from You anycosts We have incurred in dealing with Your claim.
PodProtect – Additional Claim Requirements
d. In the event of a fraudulent claim, makea Police report.
Once you have submitted a claim form, thefollowing information may be required:
12) Once you have submitted a claim form,the following information may be required:
a. Your name and contact details;
b. Estimates for cleaning, repairs andreplacement;
c. As many details as possible about theloss or damage, including photographs of any damage and also any damageditem(s) in their entirety
d. In the event of theft, a crime referencenumber.
Copyright © E-Storage Worldwide Limited(t/a easyStorage) 2021. Company No: 10785417. VAT Registration Number:278214783
easyStorage is part of the easy family of brands. A low-cost alternative totraditional self-storage.
1) WHAT THIS AGREEMENT COVERS
a) These terms and conditions and the StoreProtectAddendum, where applicable, constitute the agreement between Us on which Wesupply products to you, whether these are goods, services or digital content.
b) Please read these terms carefully beforeyou proceed with your order with us.
i. If you have already submitted your orderand you do not agree with these terms then you must advise Us immediately sothat your contract can be terminated in accordance with paragraph 23)b) and23)c) of this Agreement.
c) These terms tell you who We are, how Wewill provide products and services to you, how you and We may change or end thecontract, what to do if there is a problem and other important information. Ifyou think that there is a mistake in these terms and conditions, please contactUs to discuss.
d) In some areas you will have differentrights under these terms depending on whether you are a business or consumer.You are a consumer if:
i. You are an individual; and
ii. You are buying products from Us whollyor mainly for your personal use (not for use in connection with your trade,business, craft or profession).
e) If you are a business customer, Youacknowledge that you have not relied on any statement, promise, representation,assurance or warranty made or given by or on behalf of Us which is not set outin these terms and that you shall have no claim for innocent or negligentmisrepresentation or negligent misstatement based on any statement in thisAgreement. Nothing in this Agreement affects your statutory rights as aconsumer. If you are a business customer, certain liability provisions andexclusions may apply differently, but always subject to reasonableness underEnglish law.
2) INFORMATION ABOUT US AND HOW TO CONTACTUS
a) We are E-Storage Worldwide Limited, acompany registered in England and Wales. Our company registration number is10785417 and Our registered office is at Unit 23, Uxbridge Trade Park, CowleyMill Road, Uxbridge, UB8 2DB. Our registered VAT number is 278214783. Ourtrading name is “easyStorage”.
b) You can contact Us by telephoning Ourcustomer service team at 018955 41323 or by writing to Us atinfo@easystorage.com
c) If We have to contact you We will do soby telephone or by writing to you at the email address or postal address youprovided to Us in your order.
3) ACCEPTANCE OF TERMS
a) Please read these terms and conditionscarefully to be sure that you understand them. By proceeding with a booking,you are agreeing to these terms and conditions. Your attention is particularlydrawn to paragraphs 18) (Disclaimer) and paragraphs 19) (Liability)
b) If you have requested these terms andconditions to be sent to you as a hard copy, you may sign and return a hardcopy of these terms and conditions to us. By signing and returning a copy ofthese terms and conditions you are agreeing to these terms
c) If you are signing and returning a hardcopy of these terms and conditions and not placing your order through Our Websitethen you may inform Us of what products you are ordering (including any goodsand/or services) over the telephone or by email. Where you have made your orderover the telephone or by email, all references to making an order through the Websiteshould be amended accordingly
d) You must be at least 18 years old to usethe Drop & Store Service. By registering to use the Drop & Store, yourepresent and warrant that you are 18 years of age or older.
4) OUR CONTRACT WITH YOU
a) Our acceptance of your order will takeplace when We email you to accept it, at which point a contract will come intoexistence between you (“you” and “your”) and Us with the terms and conditionsset out in this Agreement and the order you placed on Our Website (or the orderplaced over the telephone or email if signing a hard copy of these terms andconditions)
b) If We are unable to accept your order,We will inform you of this by email and will not charge you for the products orservices. This might be because a product is out of stock, because ofunexpected limits on Our resources which We could not reasonably plan for,because We have identified an error in the price or description of a product orservice or because We are unable to meet a delivery deadline you have specified
c) We will assign an order number to yourorder and tell you what it is when We accept your order. It will help Us if youcan tell Us the order number whenever you contact Us about your order
5) DEFINITIONS
a) In these Terms and Conditions, thefollowing words have the following meaning:
§ “We”, “Us”, “Our” means easyStorage;
§ “1 Storage Unit” means a storage space with the followingdimensions: (D) 2000 mm x (W) 1400 mm x (H) 2250 mm, 6.5 cubic meters, 3 squaremeters (the equivalent of 35 square feet) (as set out in more detail on the Websiteunder ‘Space Guide’);
§ “Access Hours” means 09.00 – 16.00 Monday to Friday excluding BankHolidays.
§ “Access Request” means a request by you to arrange a visit to thestorage facility where your Storage Unit(s) is stored to access your StorageUnit(s). This service is subject to availability.
§ “easyStorage Agent” means an easyStorage representative contacted bytelephone, email, chat, social media or in person.
§ “Agreement” means this agreement entered into by you and easyStoragefor the provision of the Drop & Store Service and/or the purchase ofeasyStorage Packing Materials on these terms and conditions and the details youprovided in your order on the Website, the StoreProtect Addendum and StoreProtect– Liability Claim Notification Addendum (where applicable).
§ “App” means the app created by easyStorage.
§ “easyStorage Packing Materials” means the packing materials that Wesell on Our Website.
§ “Hourly Rate” means the hourly charge per driver(s) and/or loader(s)for labour as set out on the Website or explained by an easyStorage Agent.
§ “Inventory” has the meaning given to it in paragraph 9) a) v.
§ “Month” means a calendar month.
§ “Packaging Requirements” means easyStorage’s packaging requirementsfrom time to time, as set out in this Agreement.
§ “Drop & Store Services” means the services referred to inparagraph 9) a).
§ “Drop & Store Service Zone” means an area in the United Kingdomwithin 10 miles radius of the original collection location of Your Property, orfor items dropped at our storage facility, a 10 miles radius from that address.
§ “Website” means easyStorage’s website at www.easyStorage.com.
§ “Space Guide” means the tool available on the Website which allowsYou to understand how much storage space is required.
§ “Storage Space(s)” means the 1 Storage Unit or multiples thereof.
§ “Storage” or “Storage Unit” means a storage space with the samedimensions as the 1 Storage Unit.
§ “Working Day” means Monday to Saturday, excluding Bank Holidays. Anyreference to Working Day in this Agreement shall be interpreted in this way.
§ "Writing” includes emails.
§ “Item” means the entire contents of a box, parcel, package, carton,case or similar container or any other object or thing that is moved, handledor stored by Us.
§ “StoreProtect” means an agreement between Us where We accept ahigher limit of liability in return for payment of the StoreProtect Charges andin accordance with the StoreProtect Addendum and this Agreement.
§ “StoreProtect Charges” means Our additional charges for StoreProtect.
§ “Replacement Value” means the current cost of replacing YourProperty, allowing for age, quality, degree of use and secondhand market valueat the time Your Property is packed or otherwise made ready for removal and/orstorage, except:
i. For any Property which cannotbe purchased new (such as antiques or works of art, for example), theReplacement Value is the current market value of such Property; and
ii. For documents, the ReplacementValue shall be calculated as the physical cost of replacing the documentsand/or cost of reprinting, re-issue and/or reconstitution, but excluding thevalue of the information contained in the documents.
iii. We are not liable for the costof replacing Your Property as new unless You can evidence it was brand new andunused at the time at the time Your Property is packed or otherwise made readyfor removal and/or storage.
§ “Maximum Replacement Value” means the maximum sum of the ReplacementValues for Your Property at all times for the duration of this Agreementincluding where Our Drop & Store Services include removal and/or storage ofYour Property on multiple occasions or where You add or remove Your Propertyfrom storage.
§ “Property” or “Your Property” means any and/or all goods submittedfor removal and/or storage.
6) TERMS AND CONDITIONS
a) In order to use the Drop & StoreService and/or purchase easyStorage Packing Materials, you must agree to theseterms and conditions. You may not use the Drop & Store Service and/orpurchase easyStorage Packing Materials if you do not accept these terms andconditions. Your use of the Drop & Store Service and/or your ordering ofany easyStorage Packing Materials will be taken as acceptance of these termsand conditions.
b) easyStorage may refuse or may cease toprovide the Drop & Store Service and/or easyStorage Packing Materials whereeasyStorage considers that the Drop & Store Service and/or provision ofeasyStorage Packing Materials is or may be used in breach of these terms andconditions, or for any unlawful or improper purpose or for any other reason.
c) easyStorage may change these terms andconditions from time to time. easyStorage will notify you of any changes byposting them on the company Website. Any changes to these terms and conditionswill come into force on the date stated in the notice which shall not be lessthan ten days from when notice is given. If you use the Drop & Store Serviceand/or purchase easyStorage Packing Materials after changes to the terms andconditions have come into force, you will be taken to have agreed to thechanges. If you do not agree to the changes, then you may terminate thisAgreement under paragraph 24).
7) YOUR INFORMATION
a) In order to use the Drop & Store Serviceand/or purchase easyStorage Packing Materials, you will be required to provideinformation about yourself (such as identification and contact details) as partof the registration process for the Drop & Store Service and/or purchasingof easyStorage Packing Materials, or as part of your continued use of the Drop& Store Service. You agree that any registration information you give toeasyStorage, including payment details, will always be accurate, correct and upto date.
b) easyStorage processes information aboutyou in accordance with its Privacy and Cookies Policy. By using the Drop &Store Service and/or purchasing easyStorage Packing Materials, you consent tothis processing.
8) PASSWORD AND SECURITY
a) When first signing up to use the Drop& Store Service and/or to purchase easyStorage Packing Materials, you willbe required to choose a password as part of the registration process. You canlog into your account and change your password at any time. You are responsiblefor maintaining the confidentiality of your username and password and areresponsible for all activities that occur under your account.
b) You shall:
i. keep your username and password strictlyconfidential and take all reasonable steps to ensure that nobody other than youaccesses your account using your username and password; and
ii. promptly notify easyStorage if youbecome aware or suspect that your username and password have become known tosomeone else.
9) THE SERVICE
a) In return for the charges payable underthis Agreement, as and when requested by you from time to time, easyStorageshall provide the following service (the Drop & Store Service) to you:
i. where you request, deliver easyStoragePacking Materials to your specified delivery address.
ii. provide access to a Storage Unit/s at aspecified storage facility chosen by you on the Website or through aneasyStorage Agent and confirmed by easyStorage to you by email.
iii. store your items safely and securelyin a specified storage facility
iv. provide Access to your Storage Unit inaccordance with this agreement
v. If you require assistance fromeasyStorage staff during an Access visit to unload, load or pack there will a chargeof £40 per hour or part hour rounded up to the next hour for each member ofstaff engaged subject to availability.
vi. easyStorage reserves the rights to moveYour Storage Unit between storage facilities, at its own cost, should the needarise without notice.
vii. An optional delivery service isavailable subject to a quotation being obtained at the time the service isrequired
b) You agree that the Storage Space thatyou requested on the Website or through an easyStorage Agent has sufficientdimensions to accommodate Your Property at the storage facility. Anyguidance obtained from the Space Guide or from an easyStorage Agent is intendedas a guide only and is not a guarantee that your items will fit.
c) easyStorage will not be responsible forfridges, freezers, dishwashers or washing machines not being defrosted, drainedor dried. It is your responsibility to ensure no water remains in itemsbeing stored. You will be liable for any damage caused to either your property,our property or to that of other customers’ property at the storage facilitydue to the improper preparation of these items.
d) We may make additional charges if theStorage Space you have chosen has insufficient volume (either calculated withthe dimensions set out under the ‘Space Guide’ on the Website or fromrepresentations made by our agent) to accommodate the volume of Your Propertyand you need more storage (although there can be no guarantee that easyStoragewill be able to accommodate your additional needs immediately).
10) PURCHASING OF EASYSTORAGE PACKINGMATERIALS
a) Placing an order for easyStorage PackingMaterials and its acceptance
i. By ordering easyStorage PackingMaterials on the Website or through an easyStorage Agent you agree that eachorder is an offer by you to buy the easyStorage Packing Materials specified inyour order subject to the terms and conditions set out in this Agreement.
ii. Our order process allows you to checkand amend any errors before submitting your order to us. Please check the ordercarefully before confirming it. You are responsible for ensuring that yourorder is complete and accurate.
iii. After you place an order, you willreceive an email from Us acknowledging that We have received it, but pleasenote that this does not mean that your order for easyStorage Packing Materialshas been accepted. Our acceptance of your order will take place as described inparagraph 10) c) below.
iv. We will confirm Our acceptance to youby sending you an email that confirms that the easyStorage Packing Materialshave been dispatched (Dispatch Confirmation).
v. If We are unable to supply you with theeasyStorage Packing Materials for any reason, We will inform you of this byemail or by telephone and We will not process your order. If you have alreadypaid for the easyStorage Packing Materials, We will refund you the full amountincluding any delivery costs charged as soon as possible.
b) The easyStorage Packing Materials
i. The images of the easyStorage PackingMaterials on Our Website are for illustrative purposes only. Although We havemade every effort to display the colours accurately, We cannot guarantee thatyour computer's display of the colours accurately reflect the colour of theeasyStorage Packing Materials. The color and specification of easyStoragePacking Materials may vary slightly from those images.
ii. Although We have made every effort tobe as accurate as possible, all sizes, weights, capacities, dimensions andmeasurements indicated on Our Website have a 10% tolerance.
iii. Although We will make every effort toprovide you with the easyStorage Packing Materials branded and as shown on the Website,there may be times when We are temporarily out of stock of the brandedeasyStorage Packing Materials and easyStorage reserves the right to provideeasyStorage Packing Materials without any branding or with alternative brandingunder these circumstances.
c) Delivery, transfer of risk and title
i. We will contact you with an estimateddelivery date, which will be within two days after the date of Our DispatchConfirmation.
ii. Delivery is complete once theeasyStorage Packing Materials have been unloaded at the address for deliveryset out in your order and the easyStorage Packing Materials will be at yourrisk from that time.
iii. You own the easyStorage PackingMaterials once We have received payment in full, including of all applicabledelivery charges.
iv. If We fail to deliver the easyStoragePacking Materials, Our liability is limited to the cost of obtainingreplacement packing materials of a similar description and quality in thecheapest market available, less the price of the easyStorage Packing Materials.However, We will not be liable to the extent that any failure to deliver wascaused by a Force Majeure event, or because you failed to provide adequatedelivery instructions or any other instructions that are relevant to the supplyof the easyStorage Packing Materials.
v. If you fail to take delivery within twodays after the day We notified you that the easyStorage Packing Materials wereready for delivery, We may resell part of, or all the easyStorage PackingMaterials.
d) You may also purchase easyStoragePacking Materials in person from Our staff at the time of the collection ofYour Property and pay for them directly with Our staff at the time. For theavoidance of doubt, Our staff will not accept any cash payments and will onlytake card payments in accordance with paragraph 15).
e) We do not accept returns of unusedpacking materials unless specifically agreed in writing beforehand.
11) YOUR RESPONSIBILITIES
a) You will be responsible for:
i. when You load or unload your StorageUnit/s at the Storage Facility, you must Inspect the Storage Unit/s prior toopening and inform Us if You believe it to be damaged or unsuitable for Yourrequirements in any way. Otherwise, the Storage Unit will be deemed to be ingood condition at the commencement of this agreement.
ii. comply with all fire, safety andsecurity precautions or instructions at the Storage Facility or while using theStorage Unit as directed by a member of our staff.
iii. inform us immediately of any damage toany of the Storage Units.
iv. comply with the directions of Ouremployees, representatives or subcontractors at the Storage Facility and anyfurther regulations for use of the Storage Unit, which we may issue from timeto time.
v. provide easyStorage with your contactdetails (including a working telephone number) and ensuring that these areaccurate and up to date.
vi. notify easyStorage of any changesregarding your order two clear working days’ before the:
vii. delivery of your easyStorage Packing Materials.
viii. commencement of your storage period
ix. You acknowledge that each Storage Spaceis made up of multiple individual Storage Units (as shown on the Website underthe ‘Space Guide’) and therefore no single item of Your Property being storedcan be greater than the dimensions of a single Storage Unit and for theavoidance of doubt, no single item being stored can be longer than 2250mm (i.e.the height of a single Storage Unit). Any Property that does not fit in aStorage Unit may be stored as a loose item and be charged for accordingly on aper item basis.
x. ensuring that the weight of YourProperty shall not exceed 650 kg per Storage Unit as requested on the Websiteor through an easyStorage Agent and calculated in accordance with the orderedStorage Space.
b) You must not
i. Use the Storage Unit or Storage Facilityin a way which is or may become a nuisance to Us, Our employees,representatives, subcontractors or other customers
ii. Sub license, transfer assign or in anyway part with the benefit of this agreement which shall be reserved to You.
iii. Cause any damage to the Storage Unitor the Storage Facility or to Our property or possessions or any othercustomers. If in breach of this clause You must (at our option) repair, restoreor replace such damaged items, or reimburse our costs in making necessaryrepairs, restoration or replacement.
iv. Cause any obstruction or unduehindrance in any passageway, stairway service area, access area or other partof the Storage Facility
12) YOUR PROPERTY
a) You warrant that Your Property is yourown property or that you have the right and authority to store the items inaccordance with this Agreement.
b) easyStorage does not warrant that thestorage facility used by easyStorage is a suitable place or means of storagefor any goods.
c) Your Property must not include and youmust not store any of the following (“Excluded Items”):
i. E-scooters, E-Bikes, E-Skateboards andany battery powered vehicles of any similar kind.
ii. perfume products, tobacco, cigars,cigarettes, beers, wines, spirits or similar
iii. money or currency of any kind, jewelry,watches, trinkets, precious stones or metals, deeds, securities, bullion,bonds, securities, stamps, coins or goods or collections of any similar kind.
iv. any irreplaceable Property including,but not limited to, family photos/videos, children’s drawings/art or schoolwork,wedding dresses and university submissions, for example (see also paragraph 19)i) iv 11).
v. furs worth more than £100 in value.
vi. Lithium-Ion batteries or devicescontaining Lithium-ion batteries.
vii. E-cigarettes.
viii. Pornographic material.
ix. Medicines, medical needles or drugs ofany kind.
x. Food or perishable items or thoserequiring a controlled environment.
xi. Property likely to encourage vermin orother pests or to cause infestation or contamination.
xii. Pets, livestock or any other livingcreatures or plants.
xiii. Combustible, highly flammable orexplosive substances such as fireworks, gas, paint, petrol, oil, cleaningsolvents, aerosols, or compressed gases.
xiv. Any illegal item or substances oritems illegally obtained such as illicit, counterfeit or smuggled tobacco oralcohol and unlicensed or unsafe items.
xv. Property which is environmentallyharmful or that are a risk to property or person.
xvi. Weapons, firearms, ammunition orexplosives or parts, associated accessories, materials or ingredients of all kinds.
xvii. Toxic chemicals, radioactivematerials, biological agents; toxic waste, asbestos or other potentiallyhazardous substances.
xviii. Any item that emits fumes or odors.
xix. Any item which requires special licenseor government permission for export or import.
xx. Liquids and semi-liquid foods in glass,plastic or metal containers.
xxi. Sharp knives or other kitchenimplements unless blade is fully protected with a suitable material;
xxii. Specialised equipment with electronicand/or fragile components.
d) If You store any Excluded Items withoutOur knowledge, We will have no liability for loss or damage to Excluded Itemsor where other Property is damaged by the Excluded Items.
e) Should it become apparent that anyExcluded Items are contained within Your storage, such items will be removedand disposed, and the rest of Your Property will be searched for furtherprohibited items, which if found, will also be removed and disposed. Whereappropriate, We will inform the Police authority. An administration fee of £50will be charged for each prohibited item that is found. Further disposal feesmay also be applied depending on the nature of the Excluded Items.
f) easyStorage may refuse to store YourProperty or:
i. break the security seals on a StorageUnit and divide the contents to multiple Storage Units where the Storage Unitexceeds the permissible weight. Additional Storage Units will be charged foraccordingly without prior notice; or
ii. return Your Property, at your cost, atany time, if, in easyStorage’s reasonable opinion, the storage, or continuedstorage, of Your Property would represent a risk to the safety of any person,the security of the storage facility, or any other goods stored at the storagefacility.
iii. without notice, move Your Property toan alternative storage facility should your account fall into arrears. This new location will be where you will be required to visit should yourequire access (once your account is paid up to date).
g) You agree that if title to Your Propertyis subject to any third-party claim:
i. easyStorage has the right to investigatethe title and be satisfied as to such title before returning Your Property; and
ii. easyStorage may keep possession of YourProperty and continue to charge you until it has completed any investigation asto title in accordance with paragraph i above.
13) RESTRICTIONS
a) You must not:
i. use the Drop & Store Service in anyway that is unlawful or fraudulent, or for any unlawful or fraudulent purposeor effect;
ii. sub-license, re-sell or offer in anymanner, to a third party, the Drop & Store Service or use of or access tothe Drop & Store Service, whether for commercial gain or otherwise unlesseasyStorage has previously agreed in writing; or
iii. attempt to interfere with or disruptthe Drop & Store Service or the Website or the App or any server or networkused by or connected to the Website or to gain unauthorised access to any suchserver or network.
14) Access
a) You have the right to make an AccessRequest for you Storage Unit during Access Hours as posted by Us and subject totwo clear working days advanced notice in accordance with the terms of thisAgreement. We will try to provide advance warning of changes to Access Hours bynotice at the Storage Facility and/or by SMS or email but reserve the right tochange Access Hours temporarily to other reasonable times without giving priornotice.
b) We do not guarantee that access will beavailable in two working days. This is the minimum notice period required, youwill be advised of the first available Access appointment time following thisnotice period.
c) Only You or others authorised oraccompanied by You (“Your Agent”) may access the Storage Unit. You areresponsible for and liable to Us and other users of the Storage Facility forYour own actions and those of Your Agent. We may (but are not obliged to)require proof of identity from You or any other person at any time and, at Oursole discretion, may refuse access to any person.
d) We may refuse You access to the StorageUnit and/or the Storage Facility if your account is overdue or any payment isoutstanding, whether or not a formal demand for payment has been made, or if Weconsider the safety or security of any person, Storage Unit or Property on orat the Storage Facility has been threatened or may be put at risk.
e) You authorise Us and Our employees andcontractors to enter Your Storage Unit in the following circumstances and tobreak any lock or seal if reasonably necessary to gain entry: (i) on not lessthan 7 days’ notice to inspect or carry out repairs or alterations to theStorage Unit or any other part of the Storage Facility; (ii) without priornotice (but with notice as soon as practicable after the event) in the eventof: an emergency (including for repair or alteration) or to prevent injury topersons or damage to Our own property; (iii) if We believe the Storage Unit isbeing used to store prohibited Property or Excluded Items or used for aprohibited purpose; (iv) if We are obliged to do so by law, by the Police, FireServices, Trading Standards, HM Revenue & Customs, other competentauthority or by a Court Order; (v) to relocate the Property or exerciseOur lien or power of sale or disposal in accordance with this Agreement; (vi)to separate Your Property into additional Storage Units where the total weightof Your Property in any single Storage Unit exceeds the maximum permissibleweight (see paragraph 11)a)viii); (vii) to investigate title to Your Propertyin the event of any dispute; and (viii) where We consider it necessary ifinappropriate packing materials may have been used by You.
f) If You access Your Storage Unit whilestored by Us or on Our behalf:
i. It is Your responsibility to provide Uswith an updated Maximum Declared Value (if You opt for StoreProtect) as soon aspossible but in any event within 10 days.
ii. You must notify Us of any loss ordamage You discover in accordance with paragraph 20) d).
15) CHARGES AND PAYMENT
a) You may choose to sign up to the Drop& Store Service on the Website or through an easyStorage Agent either:
i. on a rolling Month by Month ‘pay as yougo’ basis (i.e. every calendar month);
ii. on a rolling half yearly by half yearlybasis (i.e. every 24 weeks); or
iii. on a rolling yearly basis (i.e. every52 weeks);
b) You shall pay to easyStorage charges forthe Drop & Store Service as follows:
i. where you sign up to the Drop &Store Service on a rolling Month by Month ‘pay as you go’ basis, you shall payeasyStorage’s standard rates for the time being in force as detailed on the Website. No notice will be given when you are due to roll over to the next Month.
ii. where you sign up on a rolling halfyearly by half yearly basis, you shall pay easyStorage’s set half yearlycharges as detailed on the Website or by our agent; or
iii. where you sign up on a rolling yearlyby yearly basis, you shall pay easyStorage’s set yearly charges as detailed onthe Website or by our agent; and
iv. Hourly Rate of easyStorage’sstaff/contractor’s labour, whether such labour is used for the loading,unloading, packing or assistance in making an Inventory or any other additionalservice that requires the labour of easyStorage’s staff/contractors as set outunder paragraph 9) a). The amount of labour or time required purely depends onthe amount of labour and time required and charges will apply accordingly.
c) Where you sign up to the Drop &Store Service on a half yearly or yearly basis, easyStorage will email you atyour specified email address 5 days before the minimum period expires, and youwill have the option to extend the Drop & Store Service for a furtherchosen specified period of months. If you do not choose to extend the Drop& Store Service, you shall either:
i. terminates the Agreement in accordancewith paragraph 24) a); or
ii. be deemed to sign up to the Drop &Store Service on the same basis as you originally signed up to the Drop &Store Service for, (i.e. either on a rolling half yearly by half yearly basisor a rolling yearly by yearly basis), and shall pay to easyStorage charges forthe Drop & Store Service in accordance with paragraphs 15) b) ii or 15) b) iiabove respectively.
d) easyStorage reserves the right toincrease the charges payable by you in accordance with the charges listed onthe Website from time to time upon notification to you if Your storage:
i. has a volume greater than the StorageSpace selected by you on the Website or through an easyStorage Agent; or
ii. exceeds the maximum weight limit of650kg per Storage Unit.
e) All charges are inclusive of VAT. If therate of VAT changes, easyStorage reserves the right to adjust the VAT you payon the charges from the date the change takes effect.
f) We accept payment from Visa, Mastercard(and other payment service providers as advised from time to time) andeasyStorage’s charges are payable by credit card or debit card in advance asfollows:
i. charges for easyStorage to send youeasyStorage Packing Materials will be payable when you place an order on the Websiteor through an easyStorage Agent.
ii. In respect of any Storage Space and arolling contract ‘pay as you go’ basis:
1. Initial charges will be payable on theday the service commences. First periods storage fee (month, half year oryear), and StoreProtect (pursuant to paragraph 19) f) is payable on the dayyour items are placed in our Storage Unit/s.
2. charges for subsequent storage periods,and any charges for StoreProtect which you choose to purchase pursuant toparagraph 19) f), are payable every anniversary (month, half year, year) commencingfrom the date that Your Property was first paced in storage with us.
3. You are required to have a valid paymentcard always registered against your account. If no valid card is registered,then you are required to pay a security deposit of three months storage rental.
iii. You consent to the payment card youhave provided being charged at the anniversary of your Storage Space for thenext payment period where you plan rolls over for another period in accordancewith clauses 15) a.
iv. You grant Us authority to charge thepayment card provided, without notice, for any outstanding balance on youraccount at any time on or after the amounts become due, including any feesassociated with returning your Goods. You confirm that you have gainedthe approval of the card holder to do so should the card not be yours but athird parties.
4. If the payment card provided is not inyour name, you confirm that the cardholder has given you consent to use theircard to make payments in accordance with these terms and that you have made thecardholder aware of your obligations under this Agreement, including but notlimited to there being recurring payments.
5. you sign up to the Drop & Store Servicefor a specified period; and
6. subject to paragraph 23), if youterminate your Storage Unit before the end of the specified period, you will beliable for all storage charges for your Storage Unit up to the end of theagreed minimum period.
g) If you have additional Storage Units instorage with easyStorage.
i. the agreed charges for Your StorageUnits already in storage will continue to apply and;
ii. the monthly charges for storage inrelation to the additional Storage Units will be calculated based on the total sizeof your storage space being occupied.
h) easyStorage may charge £20.00administration fee to cover easyStorage’s costs if the issuer of your paymentcard refuses to or does not, for any reason, authorise payment to easyStorage. It is likely that easyStorage will attempt to take payment on more thanone occasion so such administration fees will be charged on each occasion.
i) If payment of the charges and any otheramounts payable are not received by the due date, easyStorage may (withoutprejudice to any other right or remedy, including the right to withhold ordispose of the Your Property under paragraph 16), charge interest on theoutstanding amount at the rate of 5% per annum above the base lending rate ofBarclays Bank plc from time to time, £20.00 per letter or email sent in theprocess of collecting the outstanding debt, and collect any charges from you asthe debtor for auction or sales fees, and any transaction fees required.
j) easyStorage may review the monthlycharges from time to time. If easyStorage increases the standard monthly ratesfor the charges:
i. for all new orders, the new standardrates (as set out on the Website) will take immediate effect.
ii. for existing customers who signed up tothe Drop & Store Service on a rolling month by month basis, the newstandard rates will be notified to you by email to your specified email addressnot less than one calendar month in advance of your following monthly chargeand shall come into effect from the next invoice date. If you do not agree tothe increased charges, you may terminate this Agreement in accordance withparagraph 24); and
iii. for customers who signed up to the Drop& Store Service on a half yearly or yearly basis, the rates will not changefor the remainder of the term and will only increase to the new standard rateon the anniversary of the commencement of your storage term
k) subject to paragraph 23), if you cancelYour Storage Unit that has been confirmed with easyStorage, the followingcharges will be payable to easyStorage:
i. On the day of move in – first month’s StoreProtectand first month’s storage.
ii. Less than 2 clear working days (notincluding the move in day) –first months StoreProtect and first month’s storage.
iii. 2 or more working days' notice (notincluding the move in day) – no charge.
l) subject to paragraph 23), if you cancelyour Access booking with less than two clear working days’ notice or you don’tshow at an agreed time to Access Your Storage unit, then we reserve the rightto refuse future Access requests.
m) Booking requests to Access your StorageUnits is based on a Fair Use policy.
n) If you are a business customer you mustpay all amounts due to Us under these terms in full without any set-off,counterclaim, deduction or withholding (other than any deduction or withholdingof tax as required by law). Nothing in this Agreement affects your statutoryrights as a consumer. If you are a business customer, certain liabilityprovisions and exclusions may apply differently, but always subject toreasonableness under English law.
o) Whilst We process refunds immediately,please note that some card processing companies might take up to 10 days ormore to place funds back into your account.
16) RIGHT TO WITHHOLD OR DISPOSE OFYOUR PROPERTY
a) If you do not pay the charges or anyother payments due under this Agreement, easyStorage shall have the right towithhold and ultimately dispose of some or all of Your Property in accordancewith this paragraph 16). You will be responsible for all storage charges andother associated costs reasonably incurred by easyStorage while withholding ordisposing of Your Property.
b) In the event that your account exceeds30 days overdue, easyStorage will provide you with 30 (thirty) days writtennotice requiring you to pay all amounts overdue and to contact easyStorage toarrange for re-delivery of Your Property. If, upon the expiration of the 30-daynotice period you have failed to pay all the amounts due, easyStorage willescalate the recovery process and a fee of £250 will be applied to commencedisposal of some or all of Your Property by sale, gift to charity, orotherwise.
c) easyStorage is under no obligation tovalue items being disposed of or sort through your storage items to achieve thebest possible price for individual items. easyStorage may sell your storageitems as part of a batch to specialist traders for a fixed price.
d) If in easyStorage’s reasonable opinionYour Property cannot be sold for a reasonable price or at all (for any reason)or despite easyStorage’s reasonable efforts they remain unsold, you authoriseeasyStorage to treat them as abandoned and to destroy or otherwise dispose ofthem at your cost.
e) You shall be responsible for all costsreasonably incurred by easyStorage in relation to the disposal of Your Propertyincluding an administrative charge of £275. The administrative charges remainpayable by you, together with any outstanding debt less any amount that We mayhave been able to recover from the sale of Your Property.
f) Interest will continue to accrue on thebalance under paragraph 15) m) until it is paid in full. Failure to pay thisbalance within seven days will result in recovery action and further debtcollection charges.
g) If, having been served with 30 dayswritten notice requiring you to pay all amounts, you make a part, but not fullpayment, during the 30-day notice period, the notice period will remain ineffect from the date the notice was initially given.
h) If, we agree to enter a payment planwith you to clear your outstanding balance once the 30-day notice period hascommenced then the notice period will be suspended so long as the payment planis adhered to. In the event of a default under the payment plan, the 30-daynotice period will commence from where it left off.
i) Any payment plan must be sufficient tomeet the ongoing storage charges & fees and reduce the outstanding balance.
17) FEEDBACK
Where you provide easyStorage with anyfeedback or suggestions in relation to the Website or the App or the Drop &Store Service, you agree that easyStorage shall have no confidentialityobligations with respect to such feedback or suggestions and easyStorage mayuse or incorporate into the Website or the App or the Drop & Store Serviceany suggestions, enhancement requests, recommendations or other feedbackprovided by you.
18) DISCLAIMER
a) easyStorage provides the Website and theApp on an “as is” and “as available” basis with all faults. easyStorage doesnot warrant that use of the Website or the App will be error-free oruninterrupted or that any defects will be corrected.
b) easyStorage will provide the Drop &Store Service and the easyStorage Packaging Materials with reasonable care andskill and substantially as described in this Agreement. easyStorage does notmake any other promises or warranties about the Drop & Store Service and/orthe provision of the easyStorage Packing Materials.
19) easyStorage’s LIABILITY FOR LOSS ORDAMAGE TO YOUR PROPERTY
a) Our liability commences from the time:
i. You have taken occupation of your StorageUnit and placed Your Property into Our custody after You have loaded YourStorage Unit at our Storage Facility.
ii. We take any Property into our custodywhen We are loading your Storage Unit as an additional service provided to you.
b) Our liability ceases:
i. When Your Property is collected fromstorage by You or Your Agent.
ii. Where any of Your Property is unloadedfrom the Storage Unit by Us, Our liability extends to cover the period ofunloading but only for the Property unloaded by Us; or
c) Subject to the restrictions set out inthis paragraph 19), We shall be liable for identifiable losses, destruction ofor damage to Your Property while the Goods are in our storage facility (definedas “Loss” or “Damage”).
d) Restricted Liability
i. We shall only be liable for loss ordamage to Your Property caused by Our negligence up to a maximum of £40 perItem and £250 per Storage Unit (see Definitions), whichever is less, for anyone event or series of connected events.
ii. For the avoidance of doubt, We shallhave no liability for loss or damage unless directly caused by our negligence.
iii. It is Your responsibility to arrangeinsurance to cover the Maximum Replacement Value of Your Property whilst intransit and in storage and We recommend that You do so. We do not give anyadvice as to the suitability or otherwise of any insurance cover arranged byYou.
e) StoreProtect – Enhanced Liability Option
i. As an alternative to paragraph 19) e),you may opt for. “StoreProtect” means an agreement between You and us where Weaccept an enhanced liability in return for payment of the StoreProtect Chargesin accordance with the terms of the StoreProtect Addendum and this Agreement.
f) Nothing in this Agreement limits anyliability which cannot legally be limited, including liability for physicalinjury to or the death of any person which is a direct result of negligence or willfuldefault on the part of Us, Our employees, representatives or subcontractors.
g) No individual employed or engaged by Uswill be separately liable to You for any loss or damage under the terms of thisAgreement.
h) Exclusions of liability
i. You agree that We will not be liable forany loss or damage to any Excluded Item(s) (see paragraph 12)c)) or loss ordamage to other Property caused by Excluded Item(s).
ii. If You or Your Agent have been fully orpartially responsible for loading the Storage Unit:
1. We accept no liability for loss ordamage to any Property which occurs UNLESS such loss or damage is a directconsequence of theft following forcible entry to the storage facility andStorage Unit.
2. We accept no liability for breaking,scratching, denting, chipping, staining, tearing and the like because ofinadequate packaging; and
3. It is Your responsibility to pack orstack Your Property in the Storage Unit properly and securely.
iii. Where the lost or damaged item is partof a pair or set, Our liability, where it is assessed as the cost ofreplacement of that item, is to be assessed as a sum equivalent to the cost ofthat item in isolation, not the cost of that item as part of a pair or set orany undamaged part of a pair or set.
iv. We accept no liability for thefollowing:
1. Mysterious disappearance or unexplainedshortage of Your Property except because of theft evidenced by forcible entryto Your Storage Unit.
2. Loss or damage caused by the act oromission of You or Your Agent including but not limited to any failure tosecure the Storage Unit the conduct of You or Your Agent in the Storage Unit orat the Storage Facility, the loading or unloading of Property into or from theStorage Unit.
3. Loss or damage to glass, crystal,crockery and other fragile items; items with any glass element, and otherfragile items (This restriction is amended if You opt for StoreProtect);
4. Loss or damage to any Property inwardrobes, drawers or appliances, or in a package, bundle, carton, case orother container not both packed and unpacked by Us.
5. Soft furnishings such as but not limitedto sofas, armchairs and mattresses that are not protected by polythene covers.
6. Damage to the outside of suitcases,bags, sports bags, plastic containers and hard cases for instruments.
7. Any reduction in value or depreciationresulting from damage or subsequent repair or restoration.
8. Loss of data records, other than thecost of blank data materials.
9. Electrical, electronic or mechanicalderangement, except where this results directly from external physical damagecaused by Our negligence.
10. Any Property confiscated, seized,removed or damaged by customs authorities or other government agencies.
11. Any value which is purely sentimental.
12. Any financial loss other than inrespect of the Property, or any business loss, including loss of profits, lossof sales or business, loss of anticipated savings, loss of or damage togoodwill, or commercial value in the Property.
13. Damage which results directly from YourProperty being moved under Your express instructions against Our advice.
14. Reimbursing You for Our Contract Pricesor StoreProtect Charges.
15. Any other loss or damage which is notreasonably foreseeable. Loss or damage is foreseeable if either it is obviousthat it would happen at the time the contract was entered into, or where it isnot obvious but We knew that it was a risk because (a) You notified Us inwriting prior to Us confirming Our charges; and (b) We agreed in writing toaccept liability for this risk before entering into the Agreement.
v. We will not be liable for loss or damageof Your Property caused by:
1. Moth or vermin or similar infestation.
2. Cleaning, repairing or restoring YourProperty unless We arranged for the work to be carried out.
3. Loss of structural integrity offurniture constructed of particle board resulting from crumbling of the board,including where we dismantle or assemble any unit, system or furniture.
4. Damage to televisions, monitors orscreens of any nature that are not protected by original manufacturer packagingor boxes supplied by easyStorage.
5. Normal wear and tear, natural or gradualdeterioration, discoloration and loosening of joints.
6. Inherent or latent defects in the Property.
7. Accidental damage occurring duringloading or unloading Your Property except where We handle Your Property.
8. Leakage of liquid from any receptacle orcontainer or thing.
9. Mold, mildew or rust or changes inatmospheric conditions unless proven to be caused by water entering the Storageunit.
10. A cyber-attack; and
11. Circumstances beyond Our reasonablecontrol, including but not limited to, war, invasion, acts of terrorism,activities relating to war, terrorism, acts of foreign enemies, hostilities(whether war is declared or not), rebellion, revolution or military coup,confiscation or destruction under the order of any official body,radioactivity, ionising radiations from any nuclear fuel/waste, biological orchemical weaponry, pressure waves caused by aircraft or any other eventsoutside Our reasonable control.
i) If you are a business customer, allterms implied by sections 13 to 15 of the Consumer Rights Act and sections 3 to5 of the Supply of Goods and Drop & Store Services Act 1982 are excluded.Nothing in this Agreement affects your statutory rights as a consumer. If youare a business customer, certain liability provisions and exclusions may applydifferently, but always subject to reasonableness under English law.
20) WHERE YOUR PROPERTY IS LOST ORDAMAGED
a) If You have Your own insurance in placeto cover loss or damage to Your Property, You must recover Your losses fromYour insurers in the first instance.
b) Notwithstanding paragraph 20) a), if Youdiscover loss or damage to Your Property, it is important that You notify Us inwriting as soon as possible. The sooner that You notify Us, the sooner We canestablish the cause of loss or damage to the Property and properly investigate.
c) You must notify Us in writing andprovide a detailed description of any loss or damage to Your Property in anyevent within seven (7) days of discovering the loss or damage. In the event ofloss, you must provide a crime reference number.
d) If You or Your authorised representativecollects Your Property from storage, You must inspect the Property at the timeit is collected by You or Your Agent and notify Us immediately of any loss ordamage whilst still on our premises. This must be then notified to us inwriting as soon as possible thereafter, but no later than seven (7) days afterdiscovery. We shall not be liable for any loss or damage which is discoveredafter Your Property is removed from storage facility.
e) We will not be liable for any loss of ordamage to Property unless You notify Us of such loss or damage within the timelimits specified above. In exceptional circumstances, We may agree to extendthis time limit where You request this in writing, provided such request isreceived within seven (7) days of delivery or collection.
f) We may make such enquiries as necessaryto investigate the loss or damage to Property and You agree to co-operate withUs and Our insurers in Our enquiries, and to provide any additional relevantinformation without delay where We request this. Please retain any damagedProperty until We have had a reasonable opportunity to inspect (if necessary)any damage.
g) On receipt of notice of loss or damageto Your Property, You will be given a claim form to complete and return to Us,for onward submission to Our insurers or their appointed representatives. Thefollowing information will be required:
i. Your name and contact details.
ii. Estimates for repairs or replacement.
iii. As many details as possible about theloss or damage, including proof of purchase, photographs of any damage and anydamaged item(s) in their entirety.
vi. In the event of theft, a crimereference number must be provided.
h) The settlement of any claim for loss ordamage shall be either: replacement, repair, cleaning or compensation at Oursand Our insurer’s option, subject to the liability limit set out in paragraph19) e) or StoreProtect, where applicable. We reserve the right to collect anydamaged items as salvage where the full current market value of any Property isissued in settlement of Your claim.
i) If You do not receive a response from Uswithin a reasonable time, You may contact Our claims settling agent directly atRCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United KingdomTel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
j) If You provide Us with misleading orincorrect information relating to a claim for loss or damage to Your Property,or make a claim that is fraudulent, false or exaggerated, We may:
i. reject the claim;
ii. where applicable, cancel or void the StoreProtectAddendum without refund of StoreProtect Charges; and
iii. recover from You any costs We haveincurred in dealing with Your claim.
vi. In the event of a fraudulent claim makea police report
21) YOUR LIABILITY TO easyStorage
You shall reimburse easyStorage in full anamount equal to all damages, liabilities, costs, claims and expenses thateasyStorage may incur because of your use of the Drop & Store Service orany breach by you of this Agreement.
22) OWNERSHIP OF RIGHTS
All rights, including copyright, in the Website,this Agreement and the Drop & Store Service are owned by or licensed toeasyStorage.
23) RIGHT TO CANCEL – “COOLING OFFPERIOD”
a) Each request for the Drop & Store Serviceby you shall constitute a separate contract between you and easyStorage onthese terms and conditions.
b) You have the right to change your mindand cancel Your contract within 14 calendar days after the day on which you enteredthe contract with easyStorage. If you wish to cancel within the 14 calendardays you must notify easyStorage in accordance with paragraph 27).
For clarity: If you occupy your Storage Unit within the 14-day cooling-offperiod, you expressly agree that we may begin providing the serviceimmediately. In doing so, you acknowledge that you waive your right to cancelwithout charge, and you will be liable for reasonable costs incurred up to thepoint of cancellation.
i. In the event you cancel within the 14-daycooling off period without giving two clear working days’ notice, anadministrative fee of £49 and a charge of £100 per van for the van/fuel/manuallabour for the first 10 miles will be levied. Anything additional milagecovered will be charged at £6 per mile, per van.
c) Should you return any PackagingMaterials during the cooling off period you will be responsible for arrangingand paying for them to be returned.
d) If you withdraw an offer to enter into acontract with easyStorage prior to acceptance of the contract by us, or, if youcancel a contract under paragraphs 23)b) above, any ancillary contracts areautomatically terminated, without any costs to you, other than any costsincurred where paragraphs 23)b) or 23)c) above apply.
24) TERMINATION
a) subject to paragraph 23), you mayterminate this Agreement at any other time by emptying your Storage Unit andpaying any outstanding charges due to easyStorage. See paragraph 15) forcharges.
b) easyStorage may terminate this Agreementwith immediate effect by notice in writing to you, if:
i. you fail to pay any amount due,including any interest accrued, by the date due; or
ii. you are in breach of any term of thisAgreement.
c) easyStorage may terminate this Agreementfor any reason by giving you not less than 28 days written notice.
d) Upon termination of this Agreement forany reason You must contact easyStorage promptly to arrange to empty yourStorage Unit.
e) If within 30 days following terminationof this Agreement for any reason you fail to arrange to empty Your Storage Unit,then easyStorage may dispose of Your Property accordance with the provisions ofparagraph 16).
25) REFERRAL POLICY
a) The easyStorage referral policy allowsyou to earn credit to your easyStorage account by referring friends toeasyStorage.
b) When you receive a referral code fromeasyStorage either by email or via the Website or the App, you may share thereferral code with your friends in person, through the Website, Twitter,Facebook, Instagram or by email.
c) You may not post your referral code onvoucher Websites or affiliate marketing schemes.
d) You may not create false accounts,fabricate redemptions or otherwise engage in attempts at forgery or fraud.
e) By default, the maximum referrals youcan claim for is 10. This may be extended by written agreement fromeasyStorage.
f) You agree that by sharing the referralcode through the Website or the App your friend will be provided with your nameand email address.
g) If:
i. a referee uses the referral code whenusing the Drop & Store Service for the first time; and
ii. such friend does not cancel the Drop& Store Service within the cancellation period for such Drop & StoreService, easyStorage shall credit the sum agreed for that referral to youreasyStorage account.
h) You acknowledge that a referred friendmay only use one referral code.
i) The customer referral policy is not opento easyStorage staff or ambassadors.
j) In the event of any disputes regardingany referral credit the decision of easyStorage is absolute and final.easyStorage reserves the right to revoke any credit that has been deemedimproperly acquired.
k) Referral rewards be they cash, token orcredit against an account, will only be valid if the referral was made at thetime of booking. No rewards will be awarded retrospectively.
26) ASSIGNMENT AND SUB-CONTRACTING
a) You shall not assign, sub-license,sub-contract or otherwise deal with all or any of your rights and obligationsunder this Agreement without easyStorage’s prior written consent.
b) This Agreement shall be binding on yourpersonal representatives, successors and permitted assigns.
c) easyStorage shall have the right toassign all or any of its rights and obligations under this Agreement and in theevent of such assignment shall give notice of it to you.
d) easyStorage may sub-contract theperformance of any of its obligations under this Agreement to any third party(including transportation, packing and storage), but such sub-contracting shallnot relieve easyStorage of any liability under this Agreement.
27) NOTICES
a) Any notice to be given under thisAgreement may be delivered or be sent by prepaid registered post sent firstclass or may be transmitted by email addressed as follows:
i. if to easyStorage — to its head officeaddress or email address as stated for the time being on the Website.
ii. if to you — to the billing address oremail address for you which you registered with easyStorage or which you lastnotified to easyStorage.
b) Notice served by post shall be deemedserved on the second working day after the date of posting. Notice served byemail shall be deemed served on the next working day after the date oftransmission.
28) GENERAL
a) This Agreement together with the detailsprovided in your order constitute the whole agreement and understanding betweenyou and easyStorage relating to the Drop & Store Service and/or thepurchasing of easyStorage Packing Materials.
b) You acknowledge and agree that, inentering into this Agreement, you do not rely on, and shall have no remedy inrespect of, any statement, representation, warranty or understanding (whethernegligently made or not) other than as expressly set out in this Agreement.
c) The failure of easyStorage to exerciseor enforce any right or provision of this Agreement shall not constitute awaiver of such right or provision.
d) If for any reason any provision of thisAgreement, or any portion thereof, is found to be unenforceable, the remainingprovisions of this Agreement shall continue to be fully valid permitted by law.
e) This Agreement is not intended tobenefit anyone other than the parties to it and none of the terms of thisAgreement shall be enforceable under the Contracts (Rights of Third Parties)Act 1999 by a third party.
f) This Agreement is governed by EnglishLaw and both parties submit to the exclusive jurisdiction of the EnglishCourts.
29) PROMOTIONAL CODES
a) easyStorage promotional codes allow youto receive a discount on your order, either as a percentage or an absolutemonetary amount.
b) You may not post your promotional codeon voucher Websites, affiliate marketing schemes or other 3rd party Websites.
c) You may not create fake accounts, splityour bookings with the intention of exploiting a promotional code or otherwiseengage in attempts at forgery or fraud.
d) You may not use multiple promotionalcodes on a single order.
STORAGE
What We will not accept:
i. Any item that is longer than 2250mm or does not fit into aStorage Unit; or
ii. Food, seeds, grain, rice
iii. Acoustic Pianos
iv. Drugs, illegal items, tabaco, spirits, alcohol
v. Toxic items, chemicals,corrosive liquids, petrol, volatile liquids,
vi. Lithium-ion batteries, or items containing Lithium-ion batteries
vii. Firearms, ammunition,explosives, fireworks
31) IF THERE IS A PROBLEM WITH THESERVICE
If you have any questions or complaintsabout Our Drop & Store Service, please contact us. You can telephone Ourcustomer service team at 018955 41323 or write to Us at info@easystorage.com oreasyStorage, Unit 23, Uxbridge, Trade Park, Cowley Mill Road, Uxbridge, UB82DB.
32) HOW WE MAY USE YOUR PERSONALINFORMATION
a) How We will use your personalinformation. We will use the personal information you provide to us:
i. to supply the Drop & Store Serviceto you.
ii. to process your payment for the Drop& Store Service; and
iii. if you agreed to this during the orderprocess, to give your information about similar services that We provide, butyou may stop receiving this at any time by contacting us.
iv. only if you agreed to this during theorder process (and in accordance with Our privacy policy), give your personalinformation to other third parties for the purposes of marketing differentproducts and/or services.
b) We will only give your personalinformation to other third parties, including those in Our franchise network,and where the law either requires or allows Us to do so.
33) ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution if you are aconsumer. If there is a dispute arising from this Agreement which cannot beresolved, subject to the agreement of both parties, either you or We may referthe dispute to an arbitrator appointed by the Chartered Institute ofArbitrators. The cost of any such arbitration will be at the discretion of thearbitrator. This does not prejudice your right to commence court proceedings.
StoreProtect Addendum
Please take the time to read the detailedterms in the table below. In particular, We draw Your attention to ‘Exclusions– what StoreProtect does not provide for’ as this includes terms where We limitor exclude Our liability to You in certain circumstances.
Note: “StoreProtect” means an agreement toaccept an enhanced liability for loss or damage to Your Property as describedin this Addendum. StoreProtect is not a contract of insurance. We are not aninsurance company, nor are We acting as Your agent. We shall not arrangeinsurance in Your name. We assume the risk of liability ourselves, but We mayat Our option arrange insurance ourselves which provides cover for Ourliability to You in certain circumstances.
StoreProtect may not be available incertain circumstances, and We reserve the right to decline at Our solediscretion where You have indicated that You wish to opt for StoreProtect.
StoreProtect - What do I receive?
· In return for payment of the StoreProtectCharges, We agree to accept an enhanced liability for loss or damage to YourProperty and paragraph 19) e) of Our Terms and Conditions will not apply.
· Instead, We accept liability forany direct physical loss or damage to Your Property following a breach of OurDuty of Care up to a maximum of (i) the Maximum Replacement Value; or (ii) theactual value of Your Property either lost or damaged (whichever is less),taking into account any Proportional Reduction, and subject to certainexclusions (see ‘Exclusions – what StoreProtect does not provide for’).
· Our liability to You under StoreProtectfor loss or damage to Your Property is to be assessed as a sum equivalent tothe cost of (a) repair or cleaning or (b) the Replacement Value (as defined inOur Terms and Conditions), whichever is the smaller sum.
· If you submit a claim, additionalclaims processing administration charges apply. We will deduct a £50 chargefrom any settlement awarded to you to cover our administration costs (“ClaimsAdmin Fee”)
Our Duty of Care under StoreProtect
Our liability in relation to Your Propertyunder StoreProtect shall be that of a reasonably careful person under likecircumstances. We shall not be liable for any loss or destruction of or damageor deterioration to Your Property, however caused, while Your Property remainsunder Our care, custody or control, unless such loss, damage, destruction ordeterioration resulted from Our failure to exercise such care in relation toYour Property as a reasonably careful person would exercise under likecircumstances, and We will not be liable for damages which could not have beenavoided by the exercise of such care.
StoreProtect - Your Responsibility
To opt for StoreProtect, it is Yourresponsibility to:
· provide Us with Your MaximumReplacement Value to indicate You wish to opt for StoreProtect; and
· notify Us in writing of any changeto the Maximum Replacement Value prior to Your Property being made ready forcollection. If You do not notify Us otherwise, We will assume that the MaximumReplacement Value last provided to Us in writing is accurate.
Our Maximum Liability
We will have no liability under anycircumstances for loss or damage to Your Property over and above the MaximumReplacement Value (or the actual value of Your Property either lost or damagedif this is less than the Maximum Replacement Value).
Proportional Reduction
If the Maximum Replacement Value Youprovide is less than the actual total Replacement Value of all of Your Propertyat the time of loss or damage, then Our liability will be reduced to reflectthe proportion that Your Maximum Replacement Value bears to the actual totalReplacement Value (“Proportional Reduction”).
(For example: if the total replacementvalue of Your Property is £10,000, but You have declared a Maximum ReplacementValue of £5,000, Our liability will be reduced by 50%. So, if £3,000 worth ofYour Property is lost or damaged, Our liability would be £1,500.)
General Exclusions and Limitations
· We exclude and limit certain typesof loss or damage, as set out in paragraph 19)i) of Our Terms and Conditions.Please read these exclusions and limitations carefully – they apply whether Youopt for StoreProtect.
· There may also be circumstanceswhere Excluded Items (paragraph 12)c)) are moved or stored by Us without Ourknowledge. Where You submit Excluded Items for removal and/or storage in breachof this Agreement, You agree that You will bear the risk of any loss or damageto such Excluded Items and any connected consequential losses incurred by Youor Us (paragraph 12)d)).
Exclusions – what StoreProtect does notprovide for
Our liability for loss or damage to thefollowing Property is restricted:
· We will not be liable for any lossof or damage to china, crystal, crockery, glassware and other fragile items(“Fragile Items“) where they have not been both professionally packed andunpacked by Us or Our Subcontractor (“Owner Packed”).
· With the exception of FragileItems, in the event of an accident involving an Owner Packed Item where damagewould have occurred irrespective of the quality of the packing, then Ourmaximum liability is limited to £100 for the entire contents of the Item or theactual value of the damaged Property (taking into account the Property‘s ageand condition at the time of loss or damage) whichever is less.
· For loss of Owner Packed Items,Our liability is limited to a maximum of £100 per Item unless a detailed listof the contents is disclosed to and agreed by Us prior to the commence of Our Drop& Store Services.
· For the avoidance of doubt, theliability limitations noted above relate to the entire contents of the Item (asdefined in our Terms and Conditions) or the actual value of the damagedProperty (taking into account age and condition at the time of loss or damage)whichever is less.
Why we restrict our liability
In certain circumstances, We limit orexclude Our liability for loss or damage to Your Property. We do this becauseit is not always clear how the damage was caused or who caused the damage (e.g.where Property is not securely packed by You and this results in damage). Weexclude liability for Fragile Items not packed by Us as this type of Propertyis not suitable for storage with Us.
We also cannot accept liability for Loss orDamage which could not have been reasonably avoided. Please be reminded that StoreProtectis not a contract of insurance, and You have the option to arrange Your owninsurance separately.
Our Agreement
Our standard Terms and Conditions alsoapply in full to this Agreement, save for, if You opt for StoreProtect: (a) Ouragreement to accept a higher limit of liability as described above (so, thelimit in paragraph 19) e) is replaced by the Maximum Replacement Value takinginto account and Proportional Reduction); and (b) Our agreement to accept anominal liability for Loss or Damage to Owner Packed and Fragile Items (so theexclusions noted under paragraphs 19) i) iv) 3 and 19) i) iv) 4 are modified).
StoreProtect Charges
Additional charges may apply for StoreProtectwhere the actual Maximum Replacement Value exceeds £25,000. We may also choosenot to accept a higher limit of liability under StoreProtect where the MaximumReplacement Value exceeds £25,000.
We will tell You whether We can accept ahigher limit of liability under StoreProtect and what additional charges mayapply when You provide Us with Your Maximum Replacement Value. Unless and untilWe agree on any additional charges payable, You will not be able to benefitfrom StoreProtect.
Failure to pay StoreProtect Charges
If You fail to pay the StoreProtect Chargesin full on the due date for payment (paragraph 15)), You will not benefit fromthe higher limit of liability that We offer under StoreProtect and Ourliability to You will, instead, be in accordance with paragraph 19) e) of OurTerms and Conditions (i.e. maximum of £40 per Item or £250 per Storage Unit,whichever the lesser). At Our sole discretion, We may choose to reinstate StoreProtecton payment of any overdue or outstanding StoreProtect Charges, unless any lossor damage to Your Property has already occurred prior to payment of suchcharges.
Termination /Cancellation
· You have the right to cancel StoreProtectby giving Us written notice prior to the services commencing. You may notcancel StoreProtect once services have commenced, except where Your Property isbeing placed into storage for more than one (1) month, in which case, You mustgive Us notice in writing prior to removal of Your Property from storage. Youcan provide notice by emailing Us at info@easystorage.com or by writing to Usat Unit 23, Uxbridge Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB.
· If You cancel StoreProtect priorto the services commencing, We will refund to You all StoreProtect Charges paidby You.
· If Your Property is in storage,and You give Us notice to cancel StoreProtect prior to removal of Your Propertyfrom storage, We will refund to You any StoreProtect Charges that You have paidin advance for StoreProtect in respect of the period after cancellation (e.g.from the date that We receive Your notice to cancel).
· We may cancel Your right tobenefit from StoreProtect and terminate this Addendum at any time by giving Youthirty (30) days’ notice in writing, except where it terminates or lapses priorto expiry of the notice period because You failed to make payments inaccordance with this Agreement.
· Where We cancel or terminate thisAddendum, We will refund to You all StoreProtect Charges paid by You in advancein respect of the period after cancellation (e.g. from the date We notify Youof cancellation);
· You will have the right to cancelthe services (prior to commencement) or storage with immediate effect butsubject to paragraphs 23) and 24) of Our Terms and Conditions
StoreProtect – Liability Claim NotificationAddendum
Where Your Property is lost or damaged
1) If You have Your owninsurance in place to cover loss or damage to Your Property, You must recoverYour losses from Your insurers in the first instance.
2) Notwithstanding paragraph1 above, if You discover loss or damage to Your Property, it is important thatYou notify Us in writing as soon as possible. The sooner that You notify Us,the sooner We can establish the cause of loss or damage to the Property andproperly investigate.
3) You must notify Us inwriting and provide a detailed description of any loss or damage to YourProperty in any event within seven (7) days of delivery of Your Property to itsdestination.
4) If You or Your authorisedrepresentative collects Your Property from storage, You must inspect theProperty at the time it is handed to You or Your Agent and notify Usimmediately of any loss or damage before leaving the premises and in writing assoon as possible thereafter, but no later than seven (7) days after discovery.We shall not be liable for any loss or damage which is discovered after YourProperty is removed from Our premises.
5) We will not be liable forany loss of or damage to Property unless You notify Us of such loss or damagewithin the time limit specified above. In exceptional circumstances, We mayagree to extend this time limit where You request this in writing, providedsuch request is received within seven (7) days of delivery or collection.
7) We may make such enquiriesas necessary to investigate the loss or damage to Property and You agree toco-operate with Us and Our insurers in Our enquiries, and to provide anyadditional relevant information without delay where We request this. Pleaseretain any damaged Property until We have had a reasonable opportunity toinspect (if necessary) any damage.
8) On receipt of notice ofloss or damage to Your Property, You will be given a claim form to complete andreturn to Us, for onward submission to Our insurers or their appointedrepresentatives. The following information will be required:
a. Your name andcontact details;
b. Estimates forrepairs or replacement;
c. As many details aspossible about the loss or damage, including photographs of any damage and alsoany damaged item(s) in their entirety.
9) The settlement of anyclaim for loss or damage shall be either: replacement, repair, cleaning orcompensation at Ours and Our insurer’s option, subject to the liability limitset out in paragraph 19) e) or StoreProtect, where applicable. We reserve theright to collect any damaged items as salvage where the full current marketvalue of any Property is issued in settlement of Your claim.
10) If You do not receive a responsefrom Us within a reasonable time, You may contact Our claims agent directly atRCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United KingdomTel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
11) If You provide Us withmisleading or incorrect information relating to a claim for loss or damage toYour Property, or make a claim that is fraudulent, false or exaggerated, Wemay:
a. reject the claim;
b. where applicable,cancel or void the StoreProtect Addendum without refund of StoreProtectCharges; and
c. recover from You anycosts We have incurred in dealing with Your claim.
StoreProtect – Additional ClaimRequirements
d. In the event of a fraudulent claim, makea Police report.
Once you have submitted a claim form, thefollowing information may be required:
12) Once you have submitted a claim form,the following information may be required:
a. Your name and contact details;
b. Estimates for cleaning, repairs andreplacement;
c. As many details as possible about theloss or damage, including photographs of any damage and also any damageditem(s) in their entirety
d. In the event of theft, a crime referencenumber.
Copyright © E-Storage Worldwide Limited(t/a easyStorage) 2021. Company No: 10785417. VAT Registration Number:278214783
easyStorage is part of the easy family of brands. A low-cost alternative totraditional self-storage.
SELF-STORAGE LICENCE AGREEMENT
These are the terms and conditions on which We supply Our services to You, and explain the rights, obligations and responsibilities of all parties.
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply:
“Access Hours” means the hours specified on the Self-StorageAgreement.
“Agreement” includes these Conditions of Agreement, theSelf-Storage Agreement and (where applicable) the StoreProtect Addendum.
“Facility” means the building, warehouse, external storage containers or other land or premises owned, leased or operated by the FacilityOperator.
“Property” or “Your Property” or “Goods” means any and/orall goods stored by You in a storage Unit allocated to You at Our Facility.
“Replacement Value” means the current cost of replacing YourProperty as new, except for:
- household linen and clothing, motorcars, motor bikes, boats, caravans, motorhomes and any other motorised vehicle, where theReplacement Value allows for the age, quality, degree of use, existing damage and consequent market value;
- any Goods which cannot be purchased new (such as antiques or works of art, for example), where the Replacement Value shall be the current market value; and
- documents, where the Replacement Value shall be calculated as 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 in the documents.
“Maximum Replacement Value” means the maximum sum total of the Replacement Value for all Property at any time throughout the period of storage.
“Loss” or “Damage” means identifiable losses and direct physical destruction of or damage to Your Goods, caused by wilful acts, omissions and default, including theft by forcible entry or damage while theGoods are in the Unit.
“Storage Costs” means the Storage Costs stated on theSelf-Storage Agreement and, if You opt for StoreProtect, the StoreProtectCharges.
“StoreProtect Charges” means the additional charges set out in the Self-Storage Agreement for StoreProtect.
“We”, “Us”, “Our” means the Facility Operator, its employees, agents or representatives.
“You” or “Your” means the customer named in this Agreement.
COMMENCEMENT
This Agreement will come into existence between Us and Youwhen We receive Your completed and signed Customer Declaration, receive paymentof Our Storage Costs and We notify You We have accepted Your order. The StoragePeriod will begin on the date agreed with You during the order process and setout on the Self-Storage Agreement.
OUR SERVICES TO YOU
So long as all fees are paid up to date and subject to theseConditions:
(a) We will make available to You a lockable, segregated area of Our Facility (“Unit”) for You to store Goods;
(b) You are granted a licence during the Storage Period to store Goods in the Unit allocated to You by Us from time to time and only in that Unit;
(c) We will maintain the Facility in a secure and safe condition; and
(d) We will make every reasonable effort to protect YourProperty from Loss or Damage while the Goods remain in the Unit or Our care, custody and control, subject to Condition 7 and all terms and conditions of this Agreement.
We do not grant any lease or tenancy of the Unit or any part of the Facility and nothing in this Agreement creates a landlord and tenant relationship. We retain control, possession and management of the Facility and the Unit and You have no right to exclude Us from the Facility or the Unit.
If You wish to take up any additional services We offer, such as delivery and collection, We will provide details separately. You will need to sign up to Our terms and conditions for such services which may be subject to additional charges.
COST
You are not required to pay a Deposit, provided that You have supplied a valid payment card which We will securely hold for processingStorage Costs and any additional charges. By signing this Agreement, You authorise Us to charge the payment card provided for all Storage Costs,i ncluding any unpaid fees, repairs, cleaning, or other charges necessary to remedy any breach of this Agreement by You. This authorisation remains in effect for the duration of the Agreement and for up to 21 days after termination to cover any outstanding amounts.
You are responsible to pay:
(a) the Storage Costs (being the amounts set out in theSelf-Storage Agreement or as most recently notified to You by Us) including theStoreProtect Charges if You have opted for StoreProtect. 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 withYou (“Due Date”). It is Your responsibility to see that payment is made directly to Us on time and in full throughout the Storage Period. We do not normally bill for fees but will issue an electronic invoice following payment.Storage Costs will not be credited to Your account unless You identify the payment clearly and as directed by Us. If You fail to identify a payment, We reserve the right to take steps to enforce the Agreement (including the sale ofGoods as set out under Conditions 4.1 to 4.5) due to Your failure to pay theStorage Costs. We shall have no liability to You as a result of taking such action and You agree to fully indemnify Us for any costs, including those outlined in (c) below, We incur in taking such action. We will not accept that payment has been made until We have received cleared funds;
(b) a Late Payment Fee each time a payment is late or cancelled;
(c) any costs incurred by Us in collecting late or unpaidStorage Costs, or in enforcing this Agreement in any way, including but not limited to postal, telephone, Goods 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) 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 6.7.
Where You have more than one agreement with Us, all will form one account and We may at Our sole discretion apply any payment made byYou 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 anyStorage Costs due to Us and We retain Your part payment, this will not affectOur ability to take any action against You or to exercise any rights We have under this Agreement in respect of the Storage Costs 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 Costs were due and the Due Date will not be extended as a result of Your part payment.
If You do not pay Storage Costs on the Due Date, the value of any discounts, promotions, or special offers (including periods of free storage) received during the Storage Period will become void and must be repaid in full.
In the event We need to relocate You to another Unit (not smaller than Your current Unit), We will provide a minimum of 14 days’ written notice. If an emergency relocation is necessary, We will notify You as soon as reasonably practicable.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS
We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of Your Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other fees related to this Agreement 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 to 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 (or make a charge toYour payment card – Condition 1.8) and, if insufficient funds are available to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Conditions 4.3 to 4.5.
You acknowledge that:
(a) We shall be entitled to continue to apply StorageCharges from the date the Debt becomes due until payment is made in full or theGoods 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.
If on expiry or termination of this Agreement, for any reason, 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 4.3 to 4.5. You are liable for Storage Costs for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal incurred, which shall be added to the, or treated as a, Debt.
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 theGoods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You toUs in writing and by email and/or by direct message on social media. If no address within the United Kingdom has been provided, We will use any land or email address or social media details We hold for You and any Alternative ContactPerson (“ACP” as stated on the Self-Storage Agreement). If You fail to pay theDebt 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 of £250, and any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the or treated as a 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 7days 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 attempt to return the excess funds toYou. If this is not reasonably possible, 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 forsale, 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:
(a) Goods are damaged due to fire, flood or other event that has rendered them, in Our reasonable opinion, severely damaged, of no commercial value, or dangerous to persons or property; or
(b) Goods may contain personal data belonging to You or others.
We do not need Your prior approval to take this action but will send written notice to You within 7 days of assessing damaged Goods.
Any Property left unattended in common areas at the Facility 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.
ACCESS
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 bySMS or email, but reserve the right to change Access Hours temporarily to other reasonable times without giving prior notice.
If We have agreed to grant You extended access to the Unit outside normal hours, the extended access is available between the hours indicated on the Self-Storage Agreement, subject to You paying any relevant additional charges.
Only You or 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 the Facility to any person who is unable to provide 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 orGoods 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 Agent who is responsible to You and subject toYour control. If You do so, it is at Your own risk.
You authorise Us and Our agents and contractors to enter theUnit 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 to persons or damage to Our own property and to carry out Our duty to safeguard Goods belonging to You or other customers;
(c) if We believe the Unit is being used to store prohibitedGoods or Excluded Items or used for a prohibited purpose;
(d) if We are obliged to do so by law, by the Police, FireServices, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or
(e) to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement.
GENERAL CONDITIONS
You will be solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. We are not responsible for securing any Unit left unlocked by You. 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.
Whilst We retain overall responsibility for securing theFacility, You will secure the external gates and/or doors of the Facility where required.
You must not store (or allow any other person to store) any of the following in the Unit (“Excluded Items”):
(a) food or perishable Goods unless securely packed in hard plastic or glass containers so they are protected from and do not attract vermin;
(b) any living creatures;
(c) lithium ion batteries exceeding a watt-hour (Wh) ratingof 160 Wh UNLESS they are built-in and cannot be removed from otherwise permitted Goods (see Conditions 6.3(e), 6.3(f) and 6.4);
(d) portable battery chargers, power banks or any similar portable power source;
(e) more than five (5) E-Scooters, E-Bikes, E-Skateboards or any similar battery-powered vehicles in any one Unit unless the battery has been removed and is not being stored in the Unit;
(f) more than ten (10) laptops, tablets, children’s toys or other similar items containing built-in batteries in any one Unit UNLESS agreedby Us in writing;
(g) combustible or flammable substances including but not limited to gas, paint, petrol, oil, cleaning solvents or compressed gases;
(h) firearms, explosives, weapons or ammunition;
(i) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances;
(j) any Goods that emit fumes or odours;
(k) any illegal Goods or substances or Goods illegally obtained such as, but not limited to, illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe Goods (including but not limited to toys, electrical Goods, medicines, aerosols, cosmetics, fireworks);
(l) Goods which are environmentally harmful or that are a risk to the property of any person;
(m) currency, deeds and securities;
(n) Property where the value to You cannot be assessed on a financial basis; and
(o) any Goods which are contaminated with food or any other substance which may deteriorate, rot, become mouldy
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or attract vermin.
You will be liable under Conditions 7.9 and 7.10 for any breach of this Condition 6.3.
When storing any Goods that contain built-in batteries including, but not limited to, laptops or tablets, children’s toys, E-Scooters,E-Bikes, E-Skateboards or any similar battery-powered vehicles (see Conditions6.3(e) and 6.3(f)), You must ensure:
(a) the Goods are free from visible physical defect or fault; and
(b) such Goods are not stacked and are stored allowing air circulation.
We recommend all batteries are stored with the lowest practical charge.
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 battery or any other power to charge or power any electrical item unless it is free from visible defect or fault and You are present;
(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 Property or refuse in any common space within the Facility.
You must not use portable heaters in the Unit at any time.
You must not damage the storage Unit and ensure it remains clean during the Storage Period. In the event of uncleanliness or damage to theUnit or Facility, We will be entitled to retain the Deposit (or make a charge to Your payment card – Condition 1.8), charge a Cleaning Fee, and/or claim full reimbursement from You for the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
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 after 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 11; 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 Our agents to enter the Unit and move the Goods as Your Agent on Your behalf and atYour risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 7). Following removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the Storage Charges in force for the original Unit at the time of the removal.
UNIT SUITABILITY AND INSPECTION
You must ensure the Unit is suitable for storage of theGoods You intend to store in it. We make no warranty or representation that any Unit is suitable for any particular Goods and We accept no liability in this regard.
It is strongly recommended that You inspect Your Property periodically during the Storage Period and at least every three months forGoods stored in external Units or containers. (Regular inspection may reduce the likelihood of Damage caused by atmospheric or climatic causes, such as mould, mildew or rust, for which We are not responsible – see Condition 7.6.5).
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 removeGoods if in Our opinion storage of such Goods creates a risk to the safety of any person or property.
You must give notice to 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 the ACP registered on the front of this Agreement.
You are deemed to have knowledge of the Goods in the Unit and 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 do not have and will not be deemed to have knowledge of theGoods in the Unit.
We do not have and will not be deemed to have knowledge of the Goods stored in Your Unit. We are not a bailee, custodian, or warehouseman of Your Goods, and You acknowledge that We do not take possession of the Goods. You are deemed to have knowledge of the Goods stored in Your Unit and warrant thatYou are either the owner of the Goods or lawfully entitled to store them.
RISK AND RESPONSIBILITY
Our liability will commence from the time Your Property is placed by You (or Your Agents) into Your storage Unit(s) and the Unit is locked by You (see Condition 6.1) and ceases immediately upon removal of Your Property from Your storage Unit(s).
Restricted Liability
We shall only be liable for Loss or Damage caused by Our negligence up to a maximum of £100 for any one event or series of connected events.
We do not insure the Goods and it is a condition under thisCondition 7.2 that the Goods remain adequately insured at all times for theirMaximum Replacement Value while they are in storage. You warrant that such cover is in place, will not lapse and that the Maximum Replacement Value of all 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. Inspection of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
For the avoidance of doubt, We shall have no liability forLoss or Damage unless directly caused by Our negligence.
StoreProtect – Enhanced Liability Option
As an alternative to Condition 7.2, You may opt forStoreProtect. “StoreProtect” means an agreement between You and Us where We accept an enhanced liability in return for payment of the StoreProtect Charges in accordance with the terms of the StoreProtect Addendum and this Agreement.
Nothing in this Agreement limits any liability which cannot legally be limited, including 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.
The restrictions on liability in this Condition 7 apply to every liability arising under or in connection with this Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
We shall not be considered to be in breach of this Agreement and exclude all liability to You in respect of any and all of the following(“Excluded Liabilities”):
- Mysterious disappearance and/or unexplained shortage ofYour Property except as a result of theft evidenced by forcible entry to YourUnit;
- Loss or Damage which is discovered after Your Property is removed from Our Facility;
- Loss suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause;
- Loss or damage to Your business, if any, including, but not limited to, indirect or consequential loss, lost profits, income or savings, wasted expenditure or business interruption;
- Loss or Damage caused by:
(i) moth, insect and vermin unless from a source external to Your Unit;
(ii) ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property stored;
(iii) leakage of liquid from any receptacle or container unless from a source external to YourUnit;
(iv) inherent vice and latent defect;
(v) mould, mildew or rust, unless proven to be a result of water ingress from a source external toYour Unit;
(vi) atmospheric or climatic causes, including, but not limited to, Loss or Damage to Property which is not suitable for storage;
(vii) electrical, electronic or mechanical derangement to any electronic items or mechanicalGoods, or any Loss of, or Damage to electronic items resulting from a configuration failure of the controlling software and/or microchip, except where this results directly from external physical damage caused by Our negligence;
- Any value an item might have acquired simply because it is
part of a pair or set, also excluding the value of an undamaged part of a pair or set;
- Any value which is purely sentimental;
- Reimbursing You for the Storage Costs UNLESS Loss orDamage prevents Us from fulfilling Our services, in which case We shall reimburse You for a proportion of the Storage Costs to reflect the services not carried out as a direct result;
carried out as a direct result;
- Loss or Damage caused by or as a consequence of non-compliance with relevant laws and regulations by You or Your Agents;
- Loss or Damage caused by the act or omission of You orYour Agents including but not limited to any failure to secure the Unit after visiting, failure to pack or stack the Goods properly and securely, the manner of storing the Goods within the Unit, the conduct of You or Your Agents in theUnit or at the Facility, the loading or unloading of Goods into or from theUnit;
- Loss or Damage to any Excluded Items;
- Loss or Damage caused by or as a consequence of Your failure to comply with any condition in this Agreement, and in particular Your obligations contained in Conditions 6 and 7.
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, threat of or actual terrorism or environmental or health emergency or hazard or recommended restrictions, epidemic, pandemic, or entry into anyUnit 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 theFacility for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.
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 resulting from or incidental to:
(a) the use of the Unit (including but not limited to the ownership or storage of Goods and/or Excluded Items 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 anyGoods which are stored and the manner in which they are 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 and regulations, We may take any action We consider necessary, including, but not limited to, action outlined in Conditions 5.6 and11.2, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense.You agree that We may take such action at any time even though We could have acted earlier.
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 UK retained version of the EU General DataProtection Regulation, the Data Protection Act 2018 and all associated laws.Details on how We use Data and Your rights in relation to Data are set out inOur Privacy Notice which can be viewed on Our website ateasyStorage.com/privercy-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 is indicated in the Self-StorageAgreement and can be changed at any time by contacting Us.
We will pass Data to Our claims agent where it is necessary for them to handle a claim made by You on Our behalf.
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 also send You a direct message on Your social media accounts.
Notices to be given by Us or You for more significant changes to the services and these terms or to enforce rights under thisAgreement (such as ending the Agreement, changing prices, 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 on the Self-Storage Agreement or the most recent address in the United Kingdom and/or email address notified by You to Us and/orby direct message to Your social media accounts. 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 the ACP as identified on the front of this Agreement at the last notified postal or email address of the ACP. Any notice from You must be sent to Us by hand or by post to the address on the Self-Storage Agreement or by email toinfo@easystorage.com. In the event that there is more than one contact named on the Agreement, Notice to or by any single contact is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
WHERE YOUR PROPERTY IS LOST OR DAMAGED
If You have Your own insurance in place to cover Loss orDamage to Your Property, You must recover Your losses from Your insurers in thefirst instance.
Notwithstanding Condition 10.1, if You discover Loss orDamage to Your Property:
- When the Facility is attended by Our employees (“Manned”),You must notify Us in person as soon as reasonably practical upon discovery and before removal of any affected Goods from Your Unit;
- When the Facility is not attended by Our employees(“Unmanned”), at the time You discover Loss or Damage, to evidence that this occurred during the Storage Period in Your Unit, You must comply with the following conditions (“Unmanned Notification Conditions”):
You must contact Us via email to info@easystorage.com as soon as reasonably practical upon discovery of any Loss or Damage, including, but not limited to:
(a) a written description of which Goods are affected and the nature of the Loss or Damage; and
(b) photographs of any affected Goods before removal of fromYour Unit, or, if this is not practical, photographs clearly showing affectedGoods in the vicinity of Your Unit within Our Facility (“Email Notification”).
Your Email Notification must be provided before any affectedGoods are removed from Our Facility. We shall not be liable for any Loss orDamage which is notified after Your Property is removed from Our Facilityunless Email Notification is provided.
If it is not possible for You to fully comply with the EmailNotification requirements set out, You must notify Us in person, via telephoneor in writing as soon as reasonably practical after You discover Loss orDamage.
In any event, You must provide as many details as ispractical of any Loss or Damage to Us in writing or via email toinfo@easystorage.com within seven (7) days of discovery. In exceptionalcircumstances, We may agree to extend this time limit where You request this inwriting, provided such request is received within seven (7) days of discoveryof any Loss or Damage.
The sooner that You notify Us of any Loss or Damage to YourProperty, the sooner We can establish the cause and properly investigate. Wewill provide You with a claim form, and You must make every effort to returnYour completed form within a reasonable time.
We will not be liable for any Loss or Damage to YourProperty unless You notify Us in compliance with the requirements set out underConditions 10.2 and 10.3.
Once You have notified Us of Loss or Damage, if You do not receive a response from Us within a reasonable time, You may contact Our claims agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH,United Kingdom Tel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
You must make every reasonable effort to prevent furtherDamage to Your Property. If any Goods are wet or damp, You must move them away from any undamaged Property and away from the water source. You must inform Us if You believe You may require additional storage space to comply with this requirement.
For Your own safety, do not touch any Goods damaged by vermin of any kind or affected by mould.
You must retain and not dispose of any Damaged Property until We have had a reasonable opportunity to inspect (if necessary) any damage.
We may make such enquiries as necessary to investigate theLoss or Damage to Property and You agree to co-operate with Us in Our enquiries, and to provide any additional relevant information without delay where We request this.
If You opt for StoreProtect, You must also comply with theAdditional Claim Requirements, as set out under the StoreProtect Addendum.
If You provide Us with misleading or incorrect information relating to a claim for Loss or Damage to Your Property, or make a claim that is fraudulent, false or exaggerated, We may: reject the claim, cancel theStoreProtect Addendum without refund of StoreProtect Charges, and recover fromYou any costs We have incurred in dealing with Your claim, where applicable.
CANCELLING OR ENDING THE AGREEMENT
If You entered into the Agreement without physically coming into the Facility, then You have 14 days after We confirm acceptance of Your 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 sum. You can cancel by email, post or telephone call to Us referring to Your name, address, date of order, and Unit number.
Unless otherwise agreed in writing by both parties, eitherWe or You may end this Agreement at any time by giving the other party written notice in accordance with Condition 9.2. The date on which the Agreement will end (the “Termination Date”) must be at least the number of days indicated on the Self-Storage Agreement. 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 a request from Us to do so), We may terminate the Agreement immediately by Notice. We are entitled to retain from the Deposit, or make a charge for, apportioned Storage Costs if less than the required notice is given by You. You must remove all Goods in theUnit 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. In thee vent that Goods and/or rubbish are left in the Unit after the TerminationDate, Conditions 4.2 and 6.7 will apply. You must pay any outstanding StorageCosts and any other fees or expenses owed to Us up to the Termination Date, orConditions 4.1 to 4.5 may apply. Any calculation of the outstanding fees will be made 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.
You agree to examine the Goods carefully on removal from theUnit and must notify Us of any Loss or Damage to the Goods in accordance withCondition 10.
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 term of the Agreement prior to termination or expiry. 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 Costs or other terms of thisAgreement 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 first Due Date occurring not less than 28 days after the date of Our notice. You may end thisAgreement without charge before the change takes effect by giving notice in accordance with Condition 9.2. 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 (including the StoreProtectAddendum where applicable) 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 bylaw, 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 thisAgreement, answered all such queries to Your satisfaction;
(e) any special terms agreed between You and Us, have been recorded in writing and incorporated into the terms of this Agreement;
(f) if We decide not to exercise or enforce any right thatWe 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;
(g) 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 it;
(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 enforce ability 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 Our 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 customers, each individual customer takes on the obligations under this Agreement jointly and severally and We may enforce Our rights against any one of the joint customers.
This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts ofEngland and Wales. 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. The parties agree that, other than for emergency interlocutory relief, neither party shall commence legal proceedings against the other unless it has first offered to submit the dispute to mediation and mediation has not commenced within a reasonable period of time after such offer was made.
STOREPROTECT ADDENDUM
Please take the time to read the detailed terms in the table below. In particular, We draw Your attention to “Exclusions – what StoreProtect does not provide for” as this includes terms where We limit or exclude Our liability to You in certain circumstances.
Note: “StoreProtect” means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in thisAddendum. StoreProtect is not a contract of insurance. We are not an insurance company, nor are We acting as Your agent. We are under no obligation to arrange an insurance policy in Your name. We assume the risk of liability ourselves, but We may at Our option arrange insurance ourselves which provides cover for Our liability to You in certain circumstances.
StoreProtect may not be available in certain circumstances, and We reserve the right to decline at Our sole discretion where You have indicated that You wish to take out StoreProtect.
StoreProtect – What do I receive?
In return for payment of the StoreProtect Charges, We agree to accept an enhanced liability for Loss or Damage to Your Property andCondition 7.2 of Our enclosed Conditions of Agreement will not apply.
Instead, We accept liability for Loss or Damage (as defined)to Your Property following a breach of Our Duty of Care up to a maximum of:
(i) the Maximum Replacement Value; or
(ii) the actual value of Your Property either affected byLoss or Damage (whichever is less),
taking into account any Proportional Reduction, and subject to certain exclusions (see “Exclusions – what StoreProtect does not provide for”).
Our liability will commence from the time Your Property is placed by You into Your storage Unit(s) and ceases immediately upon removal ofYour Property from Your storage Unit(s).
Our liability to You under StoreProtect for Loss or Damage to Your Property is to be assessed as a sum equivalent to the cost of:
(a) repair or cleaning; or
(b) the Replacement Value,
whichever is the smaller sum, at Our option. We accept no liability for depreciation following repair.
If You opt for StoreProtect, You are no longer obligated to arrange insurance for Your Property (per Condition 7.2.2 of Our Conditions ofAgreement).
If You submit a claim, additional claims processing administration charges apply. We will deduct a £50 charge from any settlement awarded to You to cover Our administration costs (“Claims Admin Fee”).
Our Duty of Care under StoreProtect
Our liability in relation to the Goods under StoreProtect shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while theGoods remain in the Unit or under Our care, custody or control, unless suchLoss or Damage resulted from Our failure to exercise such care in relation tot he Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care.
Your Responsibility
To opt for StoreProtect, it is Your responsibility to:
- provide a Maximum Replacement Value on the CustomerDeclaration;
- sign the appropriate box on the Customer Declaration to confirm Your wish to opt for StoreProtect;
- pay Us the additional charges set out for StoreProtect(“StoreProtect Charges”); and
- ensure that the Maximum Replacement Value is accurate at all times for the duration of this Agreement.
Our Maximum Liability
We will have no liability under any circumstances for Loss or Damage to Your Property over and above the Maximum Replacement Value, or theactual value of Your Property either lost or damaged if this is less than theMaximum Replacement Value.
Proportional Reduction
If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property stored in Your Unit at the time of Loss or Damage, then Our liability will be reduced to reflect the proportion that Your Maximum Replacement Value bears to the actual totalReplacement Value (“Proportional Reduction”).
(For example: if the total Replacement Value of YourProperty is £10,000, but You have declared a Maximum Replacement Value of£5,000, Our liability will be reduced by 50%. So, if £3,000 worth of YourProperty is lost or damaged, Our liability would be £1,500.)
General Exclusions and Limitations
We exclude and limit certain types of Loss or Damage, as set out in Condition 7 of Our Conditions of Agreement. Please read these exclusions and limitations carefully – they apply whether or not You opt for StoreProtect.
There may be circumstances where Excluded Items (Condition6.3 of Our Conditions of Agreement) are stored in Your Unit(s) without Our knowledge. Where You store Excluded Items in breach of this Agreement, You agree that You will bear the risk of any Loss or Damage to such Excluded Items(Condition 7.9 of Our Conditions of Agreement).
We will not be liable for any Loss or Damage to YourProperty unless You notify Us in accordance with Condition 10 of Our Conditions of Agreement.
Exclusions – what StoreProtect does not provide for
StoreProtect cannot be accepted for:
- any motorcar, motorbike, boat, caravan, motorhome or any other motorised vehicle or trailer (“Vehicles”) stored outside of a Unit;
- any food or perishable Goods; or
- any delivery and collection Goods.
Our liability is restricted in accordance with Condition7.2.1 and the requirement for You to insure Your Property in Condition 7.2.2remains valid whether or not You opt for StoreProtect for other storedProperty.
Our liability for Loss or Damage to the following Goods is restricted. Goods worth in excess of the amounts stated below should not be stored without Our express permission in writing:
- jewellery, watches, precious stones, precious metals, and stamps of all kinds exceeding £1,000 combined total;
- furs, fine art, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like exceeding £15,000 combined total; and
- electronic Items exceeding £25,000 combined total.
“Electronic Items” is defined as all items of consumer and commercial electrical appliances and instruments, including but not limited to televisions, computers, laptops, computers, tablets, mobile phones, cameras, hi-fi’s, stereos and the like. Heavy electrical items such as switchgear, turbines, generators and the like shall not be deemed to be electronics.
Why We restrict Our liability
It is not always clear how Loss or Damage was caused, so We must limit or exclude Our liability for Loss or Damage to Your Property in certain circumstances. We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that StoreProtect is not a contract of insurance and You have the option to arrange Your own insurance separately.
Our Agreement
Our standard Conditions of Agreement also apply in full to this Agreement, save that, if You opt for StoreProtect:
(a) We agree to accept an enhanced liability as described above (so, the limit in Condition 7.2.1 is replaced by the Maximum ReplacementValue (taking into account any Proportional Reduction) and Our Duty of Care in respect of Your Property is as set out above); and
(b) the requirement to insure Your Property in Condition7.2.2 of Our Conditions of Agreement becomes an option instead of are quirement.
Failure to pay StoreProtect Charges
If You fail to pay the StoreProtect Charges in full on theDue Date for payment (Condition 3.2 of Our Conditions of Agreement), You will not benefit from the enhanced liability that We offer under StoreProtect. Our liability to You will, instead, be restricted to Loss or Damage caused by negligence only and limited to £100 in accordance with the terms set out inCondition 7.2.1 of Our Conditions of Agreement and You will be required to insure Your Property in accordance with Condition 7.2.2 of Our Conditions ofAgreement.
At Our sole discretion, We may choose to reinstateStoreProtect on payment of any overdue and/or outstanding StoreProtect Charges, unless any Loss or Damage to Your Property has already occurred prior to payment of such charges.
Termination / Cancellation
Your right to cancel StoreProtect
You have the right to cancel StoreProtect at any time by giving Us written notice prior to removal of Your Property from storage. You can provide notice by emailing Us at info@easystorage.com or by writing to Us at: easyStorage, Unit 23 Trade City, Cowley Mill Road, Uxbridge. UB8 2DB
If You cancel StoreProtect prior to the storage services commencing, We will refund to You all StoreProtect Charges paid by You.
If You cancel StoreProtect after the storage services have started, We will refund to You any StoreProtect Charges that You have paid in advance in respect of the period after cancellation (e.g. from the date that We receive Your notice to cancel).
Our right to cancel StoreProtect
Your right to benefit from StoreProtect will terminate automatically if You do not make all payments when due under Condition 3 of OurConditions of Agreement.
We may cancel Your right to benefit from StoreProtect and terminate this Addendum at any time by giving You thirty (30) days’ notice in writing.
Where We cancel or terminate StoreProtect, We will refund toYou all StoreProtect Charges paid by You in advance in respect of the period after cancellation (e.g. from the cancellation date We notify to You).
General
Our liability to You after the StoreProtect cancellation date will be the normal level as set out in Condition 7.2.1 of Our Conditions of Agreement and You will be required to insure Your Property in accordance with Condition 7.2.2 of Our Conditions of Agreement.
If You decide to terminate the storage agreement after the cancellation date for StoreProtect, You will need to give Us the full amount of notice in accordance with Condition 9.2 of Our Conditions of Agreement.
Where Your Property is Lost or Damaged
Notification Condition
If You discover Loss or Damage to Your Property, You must fully comply with the requirements set out under Condition 10 of Our Conditions of Agreement.
Additional Claim Requirements
For Us to fully assess Your claim, the following additional information may be required:
- estimates for cleaning, repairs or replacement;
- as many details as possible about the affected Goods, including photographs of any areas of damage and also any damaged Goods in their entirety;
- photographs showing all of Your Property in Your storageUnit, including those which are undamaged (i.e. the entire Unit before the removal of any Goods).
For any damaged electrical items, You must also photograph any manufacturer labels showing the make/model of the item.
Where You believe that Your Property has been stolen, You must take photographs of the door, walls or padlock to evidence forced access to Your Unit. You must also notify the Police immediately and obtain a CrimeReference Number.
Where You believe that Your Property has been damaged by an ingress of water, You must photograph the alleged source of the ingress.
Where Your Property can be professionally repaired, You are required to provide estimates before the work is carried out.
For any Goods lost/stolen or damaged beyond repair, You must provide proof of ownership (including receipts), where possible, details of any make/model and evidence to show the Replacement Value.
We may request for damaged Goods to be cleaned, where possible, including dry cleaning or home laundry before any claim settlement will be considered. Reasonable cleaning costs may be considered as part of the claim settlement.