1. WHAT THESE TERMS COVER
1.1. These are the terms and conditionson which we supply products to you, whether these are goods, services ordigital content.
1.2. Please read these terms carefullybefore you submit your order to us. These terms tell you who we are, how we willprovide products to you, how you and we may change or end the contract, what todo if there is a problem and other important information. If you think thatthere is a mistake in these terms and conditions, please contact us to discuss.
1.2.1. If you have already submitted your order andyou do not agree with these terms then you must advise us immediately so thatyour contract can be terminated in accordance with clause 22.2 and 22.3 ofthese Terms.
1.3. In some areas you will havedifferent rights under these terms depending on whether you are a business orconsumer. You are a consumer if:
1.3.1. You are an individual; and
1.3.2. You are buying products from uswholly or mainly for your personal use (not for use in connection with yourtrade, business, craft or profession).
1.4. If you are a business customerthese terms constitute the entire agreement between us in relation to yourpurchase. You acknowledge that you have not relied on any statement, promise,representation, assurance or warranty made or given by or on behalf of us whichis not set out in these terms and that you shall have no claim for innocent ornegligent misrepresentation or negligent misstatement based on any statement inthis agreement.
2. INFORMATION ABOUT US AND HOW TOCONTACT US
2.1. We are E-Storage WorldwideLimited, a company registered in England and Wales. Our company registrationnumber is 10785417 and our registered office is at Unit 23, Uxbridge TradePark, Cowley Mill Road, Uxbridge, UB8 2DB. Our registered VAT number is278214783. Our trading name is “easyStorage”.
12.2. You can contact us by telephoningour customer service team at 0333 241 3137 or by writing to us email@example.com
2.3. If we have to contact you we willdo so by telephone or by writing to you at the email address or postal addressyou provided to us in your order.
3. ACCEPTANCE OF TERMS
3.1. Please read these terms andconditions carefully to be sure that you understand them. By proceeding with abooking, you are agreeing to these terms and conditions. Your attention isparticularly drawn to clauses 17 (Disclaimer) and clauses 18 to 20 (Liability).
3.2. If you have requested these termsand conditions 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.
3.3. If you are signing and returning ahard copy of these terms and conditions and not placing your order through ourSite then you may inform us of what products you are ordering (including anygoods and/or services) over the telephone or by email. Where you have made yourorder over the telephone or by email, all references to making an order throughthe Site should be amended accordingly.
3.4. You must be at least 18 years oldto use the Service. By registering to use the Service, you represent andwarrant that you are 18 years of age or older.
4. OUR CONTRACT WITH YOU
4.1. Our acceptance of your order willtake place when we email you to accept it, at which point a contract will comeinto existence between you (“you” and “your”) and us with the terms andconditions set out in this Agreement and the order you placed on our Site (orthe order placed over the telephone or email if signing a hard copy of theseterms and conditions).
4.2. If we are unable to accept yourorder, we will inform you of this by email and will not charge you for theproducts or services. This might be because a product is out of stock, becauseof unexpected 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 havespecified.
4.3. We will assign an order number toyour order and tell you what it is when we accept your order. It will help usif you can tell us the order number whenever you contact us about your order.
4.4. We only sell our goods and provideour services to the United Kingdom (UK). Our website is solely for thepromotion of our products and services in the UK. Unfortunately, we do notaccept orders from addresses outside the UK unless easyStorage agrees to do soin writing.
5.1. In these Terms and Conditions, thefollowing words have the following meaning: “1Pod Plan” means a storage space with the following dimensions: (D) 2000 mm x(W) 1400 mm x (H) 2250 mm, 6.5 cubic meters, 3 square meters (the equivalent of35 square feet) (as set out in more detail on the Site under ‘Space Guide’); “2Pod Plan” means two of the 1 Pod Plans; “3Pod Plan” means three of the 1 Pod Plans; “4Pod Plan” means four of the 1 Pod Plans; “5Pod Plan” means five of the 1 Pod Plans; “6Pod Plan” means six of the 1 Pod Plans; “Agent”means an easyStorage representative contacted by telephone, email, chat, socialmedia or in person; “Agreement”means this agreement entered into by you and easyStorage for the provision of theService and/or the purchase of easyStorage Packing Materials on these terms andconditions and the details you provided in your order on the Site; “App”means the app created by easyStorage; “easyStoragePacking Materials” means the packing materials that we sell on our Site; “Goods”means the items which you are storing with easyStorage; “HourlyRate” means the hourly charge per Driver(s) and/or Loader(s) for labour as setout on the Site or explained by an Agent; “Inventory”has the meaning given to it in clause 9.1.4; “Item” is deemed to be any singlearticle, box, case or suite; “Month” means a calendar month; “PackagingRequirements” means easyStorage’s packaging requirements from time to time, asset out in this Agreement; “Services”means the services referred to in clause 9.1; “ServiceZone” means an area in the United Kingdom within 10 miles radius of theoriginal collection location of the Goods; “Site”means easyStorage’s website at www.easyStorage.com; “StoragePlans” means the 1 Pod; 2 Pod; 3 Pod; 4 Pod; 5 Pod and the 6 Pod; “StoragePod” means a storage space with the same dimensions as the 1 Pod Plan; “WorkingDays” means all days other than Saturday, Sunday and Bank Holidays. Forthe avoidance of doubt, a working day is deemed to have ended at 17.00; "Writing”includes emails.
6. TERMS AND CONDITIONS
6.1. In order to use the Service and/or purchase easyStoragePacking Materials, you must agree to these terms and conditions. You may notuse the Service and/or purchase easyStorage Packing Materials if you do notaccept these terms and conditions. Your use of the Service and/or your orderingof any easyStorage Packing Materials will be taken as acceptance of these termsand conditions.
6.2. easyStorage may refuse or may cease to provide the Serviceand/or easyStorage Packing Materials where easyStorage considers that theService and/or provision of easyStorage Packing Materials is or may be used inbreach of these terms and conditions, or for any unlawful or improper purposeor for any other reason.
6.3. easyStorage may change these terms and conditions from timeto time. easyStorage will notify you of any changes by posting them on theSite. Any changes to these terms and conditions will come into force on thedate stated in the notice which shall not be less than ten days from whennotice is given. If you use the Service and/or purchase easyStorage PackingMaterials after changes to the terms and conditions have come into force, youwill be taken to have agreed to the changes. If you do not agree to the changes,then you may terminate this Agreement under clause 23.
7. YOUR INFORMATION
7.1. In order to use the Service and/or purchase easyStoragePacking Materials, you will be required to provide information about yourself(such as identification and contact details) as part of the registrationprocess for the Service and/or purchasing of easyStorage Packing Materials, oras part of your continued use of the Service. You agree that any registrationinformation you give to easyStorage, including payment details, will always beaccurate, correct and up to date.
7.2. easyStorage processes information about you in accordancewith its Privacy and Cookies Policy. By using the Service and/or purchasingeasyStorage Packing Materials, you consent to this processing.
8. PASSWORD AND SECURITY
8.1. When first signing up to use the Service and/or to purchaseeasyStorage Packing Materials, you will be required to choose a password aspart of the registration process. You can log into your account and change yourpassword at any time. You are responsible for maintaining the confidentialityof your username and password; and are responsible for all activities thatoccur under your account.
8.2. You shall:
8.2.1. keep your username and password strictly confidential andtake all reasonable steps to ensure that nobody other than you accesses youraccount using your username and password; and
8.2.2. promptly notify easyStorage if you become aware or suspectthat your username and password have become known to someone else.
9. THE SERVICE
9.1. In return for the charges payable under this Agreement, asand when requested by you from time to time, easyStorage shall provide thefollowing service (the Service) to you:
9.1.1. where you request, deliver easyStorage Packing Materials toyour specified delivery address;
9.1.2. collect your Goods suitably prepared for transport, fromyour specified collection address on the collection date chosen by you on theSite or through an Agent and confirmed by easyStorage to you by email;
9.1.3. if you request, assist you with packing and preparing yourGoods for transport (charges will apply according to time taken rounded up tothe next full hour for each member of staff);
9.1.4. if you request, assist you in making an inventory of yourGoods prior to storage (the Inventory) that can be linked to each Storage Podvia the Site’s inventory management system (charges will apply according totime taken rounded up to the next full hour for each member of staff). TheInventory produced pursuant to this clause 9.1.4 is done so purely to assistyou in reminding you what you have in storage, in each Storage Pod, but theInventory is not to be considered proof of packing.
9.1.5. load your Goods onto our vehicles ready for transport to astorage facility (charges will apply according to time taken rounded up to thenext full hour for each member of staff);
9.1.6. transport your Goods packed in easyStorage PackingMaterials or your Goods otherwise suitably prepared for transport to either aneasyStorage storage facility or a third party’s storage facility and store themthere; and
9.1.7. return your Goods to your specified return address on thedate chosen by you on the Site or through an Agent and confirmed by easyStorageto you by email.
9.1.8. return your Goods is subject to two clear working days’notice but is very much subject to 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, as a consequence,you roll over to another billing period you will be charged for a full week’sequivalent storage charge for every week or part week that is caused to beused.
9.1.9. in the event that you elect to use an AccessRequest to clear your items from your Pod(s) and cease the storage witheasyStorage, a charge of £35 per hour will be charged by easyStorage tosupervise the unloading of items. For avoidance of doubt there will be nofree first hour in this instance. If you require assistance fromeasyStorage staff to unload there will, in addition to this charge, be afurther charge of £35 per hour for each member of staff engaged.
9.1.10 easyStorage reserves the rights to move your Goods betweenstorage facilities, at its own cost, should the need arise.9.1.11 an additional fee of £6 per mile, inc vat,will apply if the return address is more than 10 miles from the location of thecollection of your Goods9.1.12 in the event a fixed price is given forloading your Goods there is a 3 hour limit before a per loader, per hour chargeis levied.
9.2. You agree that the Storage Plan that you requested on theSite or through an Agent has sufficient dimensions to accommodate your Goodsfor collection and storage at a storage facility, subject to any change to theStorage Plan that may be agreed by easyStorage at the time of collection (ifpossible).
9.3. You agree that if you arrange for a delivery, collection or returnon a Saturday, Sunday or Bank Holiday or in a specific time slot on any day,additional fees as set out on the Site and App from time to time shall bepayable.
9.4. Times given by easyStorage on the Site and App or otherwisefor delivery, collection or return are estimates only and easyStorage shall notbe liable for any delay in delivery, collection or return.
9.5. Quotes regarding pricing given by easyStorage on the Site andApp or otherwise for the provision of the Service are estimates only andeasyStorage reserves the right to charge for the actual cost of providing theService requested by you on the Site or through an Agent.
9.6. easyStorage may cancel or postpone any delivery, collectionor return where easyStorage considers that it may endanger any employee, agentor contractor or member of the general public due to (including but not limitedto) severe weather conditions or by reason of easyStorage having limited accessto your specified delivery, collection or return address.
9.7. easyStorage will not be responsible for:
9.7.1. dismantling or assembling any unit, system or furniture(including flat pack); or
9.7.2. disconnecting, reconnecting, dismantling or reassemblingappliances, fixtures, fittings or equipment; or
9.7.3. removing items from or returning items to rooms or areas ofyour property where it is deemed difficult to do so without causing some levelof damage.
9.7.4. any damage caused directly or as a consequence of agreeingto undertake any of the actions laid out in 9.7.1, 9.7.2 or 9.7.3 of thisagreement.9.7.5 fridges, freezers, dishwashers or washing machines not being defrosted,drained or dried ahead of the day of collection. You will be held liable for any damage causedto either your property or to that of other customers’ property at our Site dueto the improper preparation of these items.
9.8. We may make additional charges if:
9.8.1. the stairs, lifts or doorways are inadequate for freemovement of the goods without mechanical equipment or structural alteration, orthe approach, road or drive is unsuitable for our vehicles and/or containers toload and/or unload within 20 metres of the doorway or we have to pay parking orother fees, fines, emission or congestion charges in order to carry outservices on your behalf;
9.8.2. the Storage Plan you have chosen has insufficient volume(calculated with the dimensions set out under the ‘Space Guide’ on the Site) toaccommodate the volume of your Goods and you need more storage (although therecan be no guarantee that easyStorage will be able to accommodate youradditional needs immediately).
10. PURCHASING OF EASYSTORAGE PACKING MATERIALS
10.1. Placing an order for easyStorage Packing Materials and itsacceptance
10.1.1. By ordering easyStorage Packing Materials on the Site orthrough an Agent you agree that each order is an offer by you to buy theeasyStorage Packing Materials specified in your order subject to the terms andconditions set out in this Agreement.
10.1.2. Our order process allows you to check and amend any errorsbefore submitting your order to us. Please check the order carefully beforeconfirming it. You are responsible for ensuring that your order is complete andaccurate.
10.1.3. After you place an order, you will receive an email fromus acknowledging that we have received it, but please note that this does notmean that your order for easyStorage Packing Materials has been accepted. Ouracceptance of your order will take place as described in clause
10.3.10.1.4. We will confirm our acceptance to you by sending youan email that confirms that the easyStorage Packing Materials have beendispatched (Dispatch Confirmation).
10.1.5. If we are unable to supply you with the easyStoragePacking Materials for any reason, we will inform you of this by email or bytelephone and we will not process your order. If you have already paid for theeasyStorage Packing Materials, we will refund you the full amount including anydelivery costs charged as soon as possible.
10.2. The easyStorage Packing Materials
10.2.1. The images of the easyStorage Packing Materials on ourSite are for illustrative purposes only. Although we have made every effort todisplay the colours accurately, we cannot guarantee that your computer'sdisplay of the colours accurately reflect the colour of the easyStorage PackingMaterials. The colour of easyStorage Packing Materials may vary slightly fromthose images.
10.2.2. Although we have made every effort to be as accurate aspossible, all sizes, weights, capacities, dimensions and measurements indicatedon our Site have a 6% tolerance.
10.2.3. Although we will make every effort to provide you with theeasyStorage Packing Materials branded and as shown on the Site, there may betimes when we are temporarily out of stock of the branded easyStorage PackingMaterials and easyStorage reserves the right to provide easyStorage PackingMaterials without any branding or with alternative branding under thesecircumstances.
10.3. Delivery, transfer of risk and title
10.3.1. We will contact you with an estimated delivery date, whichwill be within two days after the date of our Dispatch Confirmation.
10.3.2. Delivery is complete once the easyStorage PackingMaterials have been unloaded at the address for delivery set out in your orderand the easyStorage Packing Materials will be at your risk from that time.
10.3.3. You own the easyStorage Packing Materials once we havereceived payment in full, including of all applicable delivery charges.
10.3.4. If we fail to deliver the easyStorage Packing Materials,our liability is limited to the cost of obtaining replacement goods of asimilar description and quality in the cheapest market available, less theprice of the easyStorage Packing Materials. However, we will not be liable tothe extent that any failure to deliver was caused by a Force Majeure event, orbecause you failed to provide adequate delivery instructions or any otherinstructions that are relevant to the supply of the easyStorage PackingMaterials.
10.3.5. If you fail to take delivery within two days after the dayon which we notified you that the easyStorage Packing Materials were ready fordelivery, we may resell part of, or all the easyStorage Packing Materials.
10.4. You may also purchase easyStorage Packing Materials inperson from our staff at the time of the collection of your Goods and pay forthem directly with our staff at the time. For the avoidance of doubt, our staffwill not accept any cash payments and will only take card payments inaccordance with clause 14.
11. YOUR RESPONSIBILITIES
11.1. You will be responsible for:
11.1.1. obtaining and ensuring that easyStorage or its carrierhave such access and parking facilities as may be reasonably required to carryout the Services;
11.1.2. being present, or ensuring that someone authorised by youis present, during the delivery, collection and return of your Goods and/or anyeasyStorage Packing Materials;
11.1.3. providing easyStorage with your contact details (includinga working telephone number) and ensuring that these are accurate andup-to-date;
11.1.4. notifying easyStorage of any changes regarding your orderstwo clear working days notice before the:
126.96.36.199. delivery of your easyStorage Packing Materials;
188.8.131.52. collection of your Goods; or
184.108.40.206. return of your Goods, or
220.127.116.11. where such delivery, collection or return is scheduledSaturday, Sunday or Bank Holidays do not count as working days,
11.1.5. the Goods have been securely packed in accordance with ourPackaging Requirements and are suitably prepared for transport and storage soas not to cause damage or injury or the risk of damage or injury toeasyStorage’s property, employees, agents, contractors or other goods, whetherby spreading of damp, infestation, leakage or the escape of fumes or substancesor otherwise. In particular, if the Goods are fragile you must ensure they arethoroughly bubble wrapped in multiple layers and carefully packed; and
11.1.6. ensuring that the volume of Goods you require to becollected, loaded and stored by easyStorage fits into the dimensions of theStorage Plan you ordered on the Site or through an Agent. You acknowledge thateach Storage Plan is made up of multiple individual Storage Pods (as shown onthe Site under the ‘Space Guide’) and therefore no single item of your Goodsthat you require to be collected and stored can be greater than the dimensionsof a single Storage Pod and for the avoidance of doubt, no single item beingstored can be longer than 2250mm (i.e. the height of a single Storage Pod). Any items that do not fit in a Storage Pod may be stored as a loose itemand be charged for accordingly on a per item basis. However, it may benecessary to make an additional booking for another time to take unexpectedloose items; and
11.1.7. ensuring that the weight of the Goods shall not exceed 650kg per Storage Pod as requested on the Site or through an Agent and calculatedin accordance with the ordered Storage Plan;
11.1.8. Informing easyStorage within seven calendar days of yourproperty being returned to you of any loss or damage to the Goods. Youacknowledge that easyStorage will not be responsible for any loss or damage ifyou fail to inform easyStorage within such time period. This does not affect your statutory rights
11.1.9. Obtain at your own expense, all documents, permitsincluding parking or visitor permits or vouchers or relevant change for theparking metres, permissions, licences, customs documents and any otherdocuments necessary for the removal to be completed. This includes reserving asuitable parking place/suspension bay within close proximity of the propertyfor our vehicle/s.
12. THE GOODS
12.1. You warrant that the Goods are your own property or that youhave the right and authority to store the Goods in accordance with thisAgreement.
12.2. easyStorage does not warrant that the storage facility usedby easyStorage is a suitable place or means of storage for any particulargoods.
12.3. The Goods must not include and you must not store any of thefollowing:
12.3.1. Liquids and semi-liquid foods in glass containers;
12.3.2. All perishable goods;
12.3.3. Non-perishable food unless packed so that they are protectedfrom and do not attract vermin;
12.3.4. Birds, fish, animals or any other living creature;
12.3.5. Explosive weapons or ammunition;
12.3.6. Sharp knives or other kitchen implements unless blade isfully protected with a suitable material;
12.3.7. Combustible or flammable materials, liquids or compressedgases, including but not limited to, diesel, petrol, oil, gas, artificialfertilizer or cleaning solvents;
12.3.8. Chemicals, radioactive materials, biological agents,including household cleaners;
12.3.9. Toxic waste, asbestos or other materials of a dangerousnature;
12.3.10. Any other toxic, flammable or hazardous substance orpreparations, classified as such under any applicable law;
12.3.11. Specialized equipment with electronic and/or fragilecomponents;
12.3.12. Stolen goods and drugs;
12.3.13. Counterfeit goods
12.3.14. Goods which require special licence or governmentpermission for export or import; or
12.3.15. Medical needles unless properly protected in appropriatecontainers. 12.4. Should it become apparent that any of the prohibited items listedin clause 12.3 are contained within your Goods, such items will be removed anddisposed, and the rest of your Goods will be searched for further prohibited items,which if found, will also be removed and disposed. If felt appropriate,we will inform the Police authority. An administration fee of £50 will becharged for each prohibited item that is found. Further disposal fees may alsobe applied depending on the nature of the prohibited item(s).
12.5. You agree that easyStorage or any contractor acting oneasyStorage’s behalf may at any time without notifying you break any lock orsecurity seal and inspect your Goods:
12.5.1. if easyStorage reasonably believes that your Goods maycontain any items described in clause 12.3;
12.5.2. if easyStorage is required to do so by the police, fireservices, local authority or by court order;
12.5.3. in order for easyStorage to investigate title to the Goodsin the event of any dispute;
12.5.4. where easyStorage considers it necessary in an emergency(including but not limited to suspicion of hazardous substances, orunidentified items) or to prevent injury or damage to persons or property; and
12.5.5. where easyStorage considers it necessary if there isexcess weight or inappropriate packing materials used by you.
12.6. easyStorage may:
12.6.1. refuse to store any Goods; or
12.6.2. break the security seals on a Pod and divide the contentsto multiple Pods. Additional Pods would be charged for accordinglywithout prior notice; or
12.6.3. return to you any Goods, at your cost, at any time,if, ineasyStorage’s reasonable opinion, the storage, or continued storage, of theGoods would represent a risk to the safety of any person, the security of thestorage facility, or any other goods stored at the storage facility.12.6.4 without notice, move your Goods to an alternative storagefacility 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 items will be calculated from as the newstarting point.
12.7. You agree that if title to the Goods is subject to any thirdparty claim:
12.7.1. easyStorage has the right to investigate the title and besatisfied as to such title before returning the Goods; and
12.7.2. easyStorage may keep possession of the Goods and continueto charge you until it has completed any investigation as to title inaccordance with clause 12.7.1.
13.1. You must not:
13.1.1. use the Service in any way that is unlawful or fraudulent,or for any unlawful or fraudulent purpose or effect;
13.1.2. sub-license, re-sell or offer in any manner, to a thirdparty, the Service or use of or access to the Service, whether for commercialgain or otherwise unless easyStorage has previously agreed in writing; or
13.1.3. attempt to interfere with or disrupt the Service or theSite or the App or any server or network used by or connected to the Site or togain unauthorised access to any such server or network.
14. CHARGES AND PAYMENT
4.1. You may choose to sign up to the Service on the Site orthrough an Agent either:
14.1.1. on a rolling Month by Month ‘pay as you go’ basis (i.e.every calendar month);
14.1.2. on a rolling half yearly by half yearly basis (i.e. every24 weeks); or
14.1.3. on a rolling yearly basis (i.e. every 52 weeks);
14.2. You shall pay to easyStorage charges for the Service asfollows:
14.2.1. where you sign up to the Service on a rolling Month byMonth ‘pay as you go’ basis, you shall pay easyStorage’s standard rates for thetime being in force as detailed on the Site. No notice will be given whenyou are due to roll over to the next Month;
14.2.2. where you sign up on a rolling half yearly by half yearlybasis, you shall pay easyStorage’s set half yearly charges as detailed on theSite; or
14.2.3. where you sign up on a rolling yearly by yearly basis, youshall pay easyStorage’s set yearly charges as detailed on the Site; and
14.2.4. Hourly Rate of easyStorage’s staff/contractor’s labour,whether such labour is used for the loading, unloading, packing or assistancein making an Inventory or any other additional service that requires the labourof easyStorage’s staff/contractors as set out under clause 9.1. Each StoragePlan set out on the Site details the number of easyStorage staff/contractorsthat we consider necessary to undertake the labour for any such Storage Planchosen by you. The amount of labour or time required purely depends on theamount of labour and time required and charges will apply accordingly.
14.3. Where you sign up to the Service on a half yearly or yearlybasis, easyStorage will email you at your specified email address 5 days beforethe minimum period expires, and you will have the option to extend the Servicefor a further chosen specified period of months. If you do not choose to extendthe Service, you shall either:
14.3.1. terminate the Agreement in accordance with 23.1; or
14.3.2. be deemed to sign up to the Service on the same basis asyou originally signed up to the Service for, (i.e. either on a rolling halfyearly by half yearly basis or a rolling yearly by yearly basis), and shall payto easyStorage charges for the Service in accordance with clause 14.2.2 or14.2.3 respectively.
14.4. easyStorage reserves the right to increase the chargespayable by you in accordance with the charges listed on the Site from time totime upon notification to you in the event that the Goods collected:
14.4.1. have a volume greater than the Storage Plan selected byyou on the Site or through an Agent; or
14.4.2. exceeds the maximum weight limit of 650kg per Storage Pod;or
14.4.3. for any single item that is 100kg or more in weight,including but not limited to pianos. It may be necessary to make anadditional booking for another time to take overweight items. We may fromtime to time need to subcontract to a specialist mover.
14.5. In the event that easyStorage staff are left waiting andeasyStorage staff cannot begin their work at the agreed time then easyStoragereserves the right to charge you for the full cost of the waiting time at therates set out for labour under clause 14.2.4 (i.e. according to the Hourly Rateof easyStorage staff/or contractors’ labour).
14.6. All charges are inclusive of VAT. If the rate of VATchanges, easyStorage reserves the right to adjust the VAT you pay on thecharges from the date the change takes effect.
14.7. We accept payment from Paypal, Visa, Mastercard and AmericanExpress and easyStorage’s charges are payable by credit card or debit card orPaypal in advance as follows:
14.7.1. charges for easyStorage to send you easyStorage PackingMaterials will be payable when you place an order on the Site or through anAgent;
14.7.2. In respect of any Storage Plan and a rolling Month byMonth ‘pay as you go’ basis:
18.104.22.168. charges for the first Month’s storage and the firsthour of easyStorage staff’s labour (as detailed on the Site or through anAgent), and any charges for insurance which you choose to purchase pursuant toclause 19, will be payable when you place an order on the Site;
22.214.171.124. charges for subsequent Months storage, and any chargesfor insurance which you choose to purchase pursuant to clause 19, will bepayable every Month commencing on the date that your Goods were collected fromyour specified collection address for transit to a storage facility;
14.7.3. In respect of any Storage Plan on a half yearly or yearlybasis chosen by you:
126.96.36.199. charges for the first half yearly or yearly period ofstorage chosen by you and the included easyStorage staff’s labour and time (asdetailed on the Site), and any charges for insurance which you choose topurchase pursuant to clause 19, will be payable when you place an order on theSite or through an Agent;
188.8.131.52. charges for subsequent periods of half yearly or yearlystorage, and any charges for insurance which you choose to purchase pursuant toclause 19, will be payable every 24 weeks or 52 weeks respectively (depending onwhether you chose a Storage Plan on a half yearly or yearly basis) commencingon the date that your Goods were collected from your specified collectionaddress for transit a storage facility;
184.108.40.206. You are required to have a valid payment card registered against youraccount at all times. If no valid card is registered, then you are required topay a security deposit of three months storage rental.
14.7.4. You consent to the payment card you have provided beingcharged at the anniversary of your storage plan for the next payment periodwhere you plan rolls over for another period in accordance with clauses 14.7.2and 14.7.3 above;
14.7.5. You grant us authority to charge the payment cardprovided, without notice, for any outstanding balance on your account at anytime on or after the amounts become due. You confirm that you have gainedthe approval of the card holder to do so should the card not be yours but athird party’s;
220.127.116.11 In the event that the payment card provided is not in your name,you confirm that the cardholder has given you consent to use their card to makepayments in accordance with these terms and that you have made the cardholderaware of your obligations under this agreement, including but not limited tothere being recurring payments.
14.7.6. you sign up to the Service for a specified period; and
14.7.7. subject to section 22, if you request the return of all of your Goods before theend of the specified period, you will be liable for all storage charges forthose Goods up to the end of the agreed minimum period. The charges foreasyStorage to return your Goods to your specified return address (the cost ofwhich as notified to you when you placed your order on the Site or through anAgent), are payable in full when you arrange for your Goods to be returned.
14.8. If you store additional Goods to those already in storagewith easyStorage:
14.8.1. the agreed charges for the Goods already in storage willcontinue to apply to those Goods; and
14.8.2. the monthly charges for storage in relation to theadditional Goods will be calculated on the basis of the total volume of yourGoods that will be in storage.
14.9. If you request the return of all or any of your Goods beforethe end of the specified minimum period, you may store the same number ofreplacement Goods with easyStorage to the end of the agreed minimum period atno extra storage charge. Your replacement Goods will be subject to the samelevel of easyStorage’s liability as those Goods which they replace. Chargeswill apply as set out in clause 14.2 above, for:
14.9.1. collection of your replacement Goods; and
14.9.2. easyStorage to return your replacement Goods to yourspecified return address.
14.10. easyStorage may charge £15.00 administration fee to covereasyStorage’s costs if the issuer of your payment card refuses to or does not,for any reason, authorise payment to easyStorage. It is likely thateasyStorage will attempt to take payment on more than one occasion so suchadministration fees will be charged on each occasion.
14.11. If payment of the charges and any other amounts payable arenot received by the due date, easyStorage may (without prejudice to any otherright or remedy, including the right to withhold or dispose of the Goods underclause 15), charge interest on the outstanding amount at the rate of 5% perannum above the base lending rate of Barclays Bank plc from time to time,£15.00 per letter or email sent in the process of collecting the outstandingdebt, and collect any charges from you as the debtor for auction or sales fees,and any transaction fees required.
14.12. easyStorage may review the monthly charges from time totime. If easyStorage increases the standard monthly rates for the charges:
14.12.1. for all new orders, the new standard rates (as set out onthe Site) will take immediate effect;
14.12.2. for existing customers who signed up to the Service on arolling month by month basis, the new standard rates will be notified to you byemail to your specified email address not less than one calendar month inadvance of your following monthly bill and shall come into effect from thatbill. If you do not agree to the increased charges you may terminate thisAgreement in accordance with clause 23; and
14.12.3. for existing customers who signed up to the Service on ahalf yearly or yearly basis, the new standard rates will not affect theapplicable charges specified to you when you placed the order on the Site orthrough an Agent.
14.13. Additional charges as set out on the Site from time to timemay be applied if:
14.13.1. you provide insufficient or inaccurate addressinformation;
14.13.2. you are, or someone authorised by you is not, availableat the premises during the specified delivery, collection or return period thatyou booked when requesting such delivery, collection or return and afterreasonable efforts to contact you to rearrange;
14.13.3. easyStorage’s carrier is unable to access your premisesto deliver or collect your Goods and the delay lasts longer than twentyminutes;
14.13.4. delivery, collection or return of your Goods takes overone hour to complete from arrival at your address through no fault ofeasyStorage’s carrier/staff;
14.13.5. you request that delivery, collection or return of yourGoods be carried out outside of normal working hours (09.00— 17.00 Monday —Friday);
14.14. subject to section 22, if you cancel any collection of yourGoods that has been confirmed with easyStorage, the following charges will be payableto easyStorage:
i. On the day ofcollection – full fee for first hour loading and first month’s storage
ii. Less than 2 clear workingdays (not including the day of service) - £75
14.14.1. subject to section 22, if youcancel any return of your Goods that has been confirmed with easyStorage, thefollowing charges will be payable to easyStorage:
i. On the day of return– £150
ii. Less than 2 clear workingdays (not including the day of service) - £75
14.15. subject to section 22, if you cancel your Access bookingwith less than two clear working days notice or you don’t show at an agreedtime to Access your items, then you will incur a £35 administration fee payableto easyStorage. 14.16. Booking requests to Access your Pods isbased on a Fair Use policy.
14.17. If you are a business customer you must pay all amounts dueto us under these terms in full without any set-off, counterclaim, deduction orwithholding (other than any deduction or withholding of tax as required bylaw). 14.18 Whilst we process refunds immediately,please note that some card processing companies might take up to 10 days ormore to place funds back in to your account.
15. RIGHT TO WITHHOLD OR DISPOSE OF GOODS
15.1. If you do not pay the charges or any other payments dueunder this Agreement, easyStorage shall have the right to withhold andultimately dispose of some or all of the Goods in accordance with this clause15. You will be responsible for all storage charges and other associated costsreasonably incurred by easyStorage while withholding or disposing of the Goods.
15.2. easyStorage will provide you with 60 days written noticerequiring you to pay all amounts due and to contact easyStorage to arrange forre-delivery of your Goods. If, upon the expiration of the 60 day notice periodyou have failed to pay all of the amounts due, easyStorage will escalate therecovery process and a fee of £250 will be applied to commence disposal of someor all of the Goods by sale, gift to charity, or otherwise.
15.3. If in easyStorage’s reasonable opinion the Goods cannot besold for a reasonable price or at all (for any reason) or despite easyStorage’sreasonable efforts they remain unsold, you authorise easyStorage to treat themas abandoned and to destroy or otherwise dispose of them at your cost.
15.4. You shall be responsible for all costs reasonably incurredby easyStorage in relation to the disposal of the Goods including an administrativecharge of £250. The administrative charges remains payable by you,together with any outstanding debt less any amount that we may have been ableto recover from the sale of your goods.
15.5. Interest will continue to accrue on the balance under clause14.13 until it is paid in full. Failure to pay this balance within seven dayswill result in recovery action and further debt collection charges.
15.6. If, having been served with 60 days written notice requiringyou to pay all amounts, you make a part, but not full payment, during the 60day notice period, the notice period will remain in effect from the date thenotice was initially given.
Where you provide easyStorage with any feedback or suggestions in relation tothe Site or the App or the Service, you agree that easyStorage shall have noconfidentiality obligations with respect to such feedback or suggestions andeasyStorage may use or incorporate into the Site or the App or the Service anysuggestions, enhancement requests, recommendations or other feedback providedby you.
17.1. easyStorage provides the Site and the App on an “as is” and“as available” basis with all faults. easyStorage does not warrant that use ofthe Site or the App will be error-free or uninterrupted or that any defectswill be corrected.
17.2. easyStorage will provide the Service and the easyStoragePackaging Materials with reasonable care and skill and substantially asdescribed in this Agreement. easyStorage does not make any other promises orwarranties about the Service and/or the provision of the easyStorage PackingMaterials.
18. easyStorage’s LIABILITY TO YOU
18.1. In this clause 18, easyStorage limits its liability to youin contract, tort (including negligence), bailment, or otherwise for the Goods.You acknowledge that easyStorage is unaware of the value of the Goods.
18.2. When easyStorage returns your Goods to you, you mustpromptly examine the Goods and notify easyStorage of any loss of or damage tothe Goods within seven days of redelivery of the Goods to you. If you fail toinform easyStorage within such time period, easyStorage will not be liable toyou for any loss or damage.
18.3. In the event of a claim, easyStorage shall be entitled torequire proof of the cost price and the current replacement cost of the Goods.You must respond promptly to easyStorage’s enquiries and requests forinformation in respect of the Goods. If you do not provide easyStorage with anyinformation or documents requested by easyStorage within 28 days ofeasyStorage’s request, easyStorage will not be liable to you for the loss of ordamage to the Goods.
18.4. If you do not arrange insurance with us, we do not know thevalue of your Goods and therefore we limit our liability to a fixed limit peritem as detailed below in clause 18.5.3
18.5.1 We do not know the value of yourgoods therefore we limit our liability to a fixed limit per item. The amount ofliability we accept under this agreement is reflected in our charges for thework. If you wish us to increase our limit of liability per item you agree topay a higher price for the work. 18.5.2 In the event of our negligence or breach ofcontract resulting in loss of or damage to your goods, we will pay a sumequivalent to the cost of their repair or replacement whichever is the smallersum up to a maximum of £40 for any one item (see below). 18.5.3 For the purposes of this Agreement an itemis defined as the entire contents of a box, parcel, package, carton, or similarcontainer; and any other object or thing that is moved, handled or stored byus.
18.6. easyStorage shall not in any event be responsible incontract, tort (including negligence), bailment, or otherwise for loss ordamage that falls into the following categories:
18.6.1. loss of or damage to the Goods which does not arise as adirect consequence of any breach of this Agreement by easyStorage or anydeliberate or negligent act or omission on the part of easyStorage or itscontractors;
18.6.2. any indirect or consequential loss that arises fromspecial circumstances, such as loss arising as a result of you being delayedfor or missing an appointment or flight, even if easyStorage was aware of thepossibility of such a loss; or
18.6.3. loss of or damage to the Goods which is caused by yourfailure to comply with this Agreement;
18.6.4. loss of or damage to any Goods of a type listed in clause12.3 or those set out in the Packaging Requirements under the heading “What wewill not be liable for” (Clause 31 of this Agreement);
18.6.5. loss of business, sales, revenue, profits, anticipatedsavings or goodwill, damage to reputation or wasted time; or
18.6.6. loss or damage which was not reasonably foreseeable at thedate of entering into this Agreement, regardless as to how such loss or damagewas caused.
18.7. easyStorage shall have no liability to you if the Goods areseized under any law or court order.
18.8. Nothing in these terms and conditions excludes or limitseasyStorage’s liability for:
18.8.1. death or personal injury caused by easyStorage’snegligence; or
18.8.2. fraud or fraudulent misrepresentation.
18.9. If you are a business customer, all terms implied bysections 13 to 15 of the Consumer Rights Act and sections 3 to 5 of the Supplyof Goods and Services Act 1982 are excluded.
18.10 Damage to premises or property other than goods
18.10.1 our liability for loss or damage to premises or property otherthan goods for removal, at the time of collection, return or delivery, islimited as follows:
18.10.2 easyStorage shall not be liable for damage caused as a result ofmoving goods under your express instruction, against our team’s advice, whereto move the goods in the manner instructed is likely to cause damage;
18.10.3 where third party contractors are carrying out work on yourpremises, easyStorage’s liability shall be limited to making good only thedamaged area;
18.10.4 should easyStorage be proved responsible for causing damage toyour premises or to property other than goods submitted for removal and/orstorage, you must note this on the tablet or booking confirmation prior to ourteam leaving your premises.
We do not automatically insure your goods and we recommend that you do so whilstin transit and storage. We are able to arrange insurance for your benefit underan “open cover” arrangement with Insurers. This insurance will beseparate from this contract and subject to the terms and conditions of thepolicy. It is up to you to determine whether the cover is suitable foryour needs as we do not offer any advice as to its suitability. We ask that youread the Summary of Insurance we provide to ensure it is adequate for yourneeds and that you value your goods on an indemnity (like for like) basis sothat you purchase the correct amount of cover to protect your goods in theevent of loss or damage.All insurance cover taken out through easyStorage issubject to an excess of £100 per claim
20. YOUR LIABILITY TO easyStorage
You shall reimburse easyStorage in full an amount equal to all damages,liabilities, costs, claims and expenses that easyStorage may incur as a resultof your use of the Service or any breach by you of this Agreement.
21. OWNERSHIP OF RIGHTS
All rights, including copyright, in the Site, this agreement and the Serviceare owned by or licensed to easyStorage.
22. RIGHT TO CANCEL – “COOLING OFF PERIOD”
22.1. Each request for the Service by you shall constitute aseparate contract between you and easyStorage on these terms and conditions.
22.2. Subject to clause 22.3, you havethe right to change your mind and cancel each contract within 14 calendar daysafter the day on which you entered into the contract with easyStorage. If youwish to cancel within the 14 calendar days you must notify easyStorage inaccordance with clause 27. 22.3. You acknowledgethat you will lose your right to cancel under clause 23.2 if you requesteasyStorage to collect the Goods in accordance with clause 9 before the period of 14 calendar days elapses. 22.4. Should you return any Packaging Materials during thecooling off period you will be responsible for arranging and paying for them tobe returned. 22.5. If you withdraw an offer to enter into a contract witheasyStorage Ltd prior to acceptance of the contract by us, or, if you cancel acontract under clause 22.2 or 22.3; any ancillary contracts areautomatically terminated, without any costs to you, other than any costsincurred where clause 22.3 or 22.4 applies.
23.1. subject to section 22, you mayterminate this Agreement at any other time by requesting in writing the returnof your Goods and paying any outstanding charges due to easyStorage. See clause14 for charges.
23.2. easyStorage may terminate thisAgreement with immediate effect by notice in writing to you, if:
23.2.1. you fail to pay any amount due,including any interest accrued, by the date due; or
23.2.2. you are in breach of any termof this Agreement.
23.3. easyStorage may terminate thisAgreement for any reason by giving you not less than 28 days written notice.
23.4. Upon termination of thisAgreement for any reason you must contact easyStorage promptly to arrange forre-delivery of the Goods.
23.5. If within 30 days followingtermination of this Agreement for any reason you fail to arrange forre-delivery of your Goods, then easyStorage may dispose of the Goods inaccordance with the provisions of clause 15.
24. REFERRAL POLICY
24.1. The easyStorage referral policyallows you to earn credit to your easyStorage account by referring friends toeasyStorage.
24.2. When you receive a referral codefrom easyStorage either by email or via the Site or the App, you may share thereferral code with your friends in person, through the Site, Twitter, Facebook,Instagram or by email.
24.3. You may not post your referralcode on voucher websites or affiliate marketing schemes.
24.4. You may not create falseaccounts, fabricate redemptions or otherwise engage in attempts at forgery orfraud.
24.5. By default, the maximum referralsyou can claim for is 10. This may be extended by written agreement fromeasyStorage.
24.6. You agree that by sharing thereferral code through the Site or the App your friend will be provided withyour name and email address.
24.7.1. a referee uses the referralcode when using the Service for the first time; and
24.7.2. such friend does not cancel theService within the cancellation period for such Service, easyStorage shallcredit the sum agreed for that referral to your easyStorage account.
24.8. You acknowledge that a referredfriend may only use one referral code.
24.9. The customer referral policy isnot open to easyStorage staff or ambassadors.
24.10. 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.
24.11. 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.
25. ASSIGNMENT AND SUB-CONTRACTING
25.1. You shall not assign,sub-license, sub-contract or otherwise deal with all or any of your rights andobligations under this Agreement without easyStorage’s prior written consent.
25.2. This Agreement shall be bindingon your personal representatives, successors and permitted assigns.
25.3. easyStorage shall have the rightto assign all or any of its rights and obligations under this Agreement and inthe event of such assignment shall give notice of it to you.
25.4. 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.
26. FORCE MAJEURE
easyStorage will not be liable or responsible forany damage to or loss of the Goods, or failure to perform, or delay inperformance of, any of its obligations under this Agreement that is caused byevents outside its reasonable control (including but not limited to) Act ofGod, flood, earthquake, windstorm or other natural disaster; war, armedconflict, terrorist attack, civil war, civil commotion or riots; nuclear,chemical or biological contamination or sonic boom; any law or government order,rule, regulation or direction, or any action taken by a government or publicauthority; fire, explosion or accidental damage; extreme adverse weatherconditions; interruption or failure of utility service, including but notlimited to electric power, gas or water; any labour dispute, including but notlimited to strikes, industrial action or lockouts; non-performance or delay bysuppliers or subcontractors; and failure of plant machinery, machinery,vehicles, computers, the Internet or telecommunications.
27.1. 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:
27.1.1. if to easyStorage — to its headoffice address or email address as stated for the time being on the Site;
27.1.2. if to you — to the billingaddress or email address for you which you registered with easyStorage or whichyou last notified to easyStorage.
27.2. 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.
28.1. This Agreement together with thedetails provided in your order constitute the whole agreement and understandingbetween you and easyStorage relating to the Service and/or the purchasing ofeasyStorage Packing Materials.
28.2. You acknowledge and agree that,in entering into this Agreement, you do not rely on, and shall have no remedyin respect of, any statement, representation, warranty or understanding(whether negligently made or not) other than as expressly set out in thisAgreement.
28.3. The failure of easyStorage toexercise or enforce any right or provision of this Agreement shall notconstitute a waiver of such right or provision.
28.4. If for any reason any provisionof this Agreement, or any portion thereof, is found to be unenforceable, theremaining provisions of this Agreement shall continue to be valid to thefullest extent permitted by law.
28.5. This Agreement is not intended tobenefit anyone other than the parties to it and, in particular, none of theterms of this Agreement shall be enforceable under the Contracts (Rights ofThird Parties) Act 1999 by a third party.
28.6. This Agreement is governed byEnglish Law and both parties submit to the exclusive jurisdiction of theEnglish Courts.
29. PROMOTIONAL CODES
29.1. easyStorage promotional codesallow you to receive a discount on your order, either as a percentage or anabsolute monetary amount.
29.2. You may not post your promotionalcode on voucher websites, affiliate marketing schemes or other 3rd partywebsites.
29.3. You may not create fake accounts,split your bookings with the intention of exploiting a promotional code orotherwise engage in attempts at forgery or fraud.
29.4. You may not usemultiple promotional codes on a single order.
30. PACKAGING REQUIREMENTS
30.1. What we will accept:
30.1.1. Any of our easyStorage PackingMaterials;
30.1.2. Standard boxes (either oureasyStorage boxes or any double-walled cardboard box up to maximum weight being25kg);
30.1.3. Suitcase, bags, and sport bagsand musical instruments in hard cases (maximum weight being 25kg)
30.1.4. Bicycles, skis, snowboards
30.1.5. Printers, TVs and otherelectrical equipment within original packaging including polystyrene interior(maximum weight being 25kg)
30.1.6. Items of furniture, otheroutsize items or any single item that is 100kg or more in weight, including butnot limited to pianos and exercise equipment, must be agreed to in writing. Additional charges may apply.
30.2. What we will not accept:
30.2.1. Any item that is longer than2250mm or does not fit into a Storage Pod; or
30.2.2. any Goods containing liquids,chemicals or food.
30.3. Please call us if you have itemsoutside this range as we may be able to help.
31. WHAT WE WILL NOT BE LIABLE FOR
31.1. In terms of outer packing,anything not packaged as per the “What we will accept list” above (clause30.1).
31.2. removing items from or returningitems to rooms or areas of your property where it is deemed difficult to do sowithout causing some level of damage.
31.2. In terms of contents:
31.2.1. glass, crockery and otherfragile items; goods with any glass element, and other fragile items;
31.2.2. the outside of suitcases, bags,sports bags, plastic containers and hard cases for instruments;
31.2.3. jewellery, watches, antiques,precious stones or metals, money, deeds, securities, mobile telephones,portable media and computing devices, tablets, stamps, coins, or goods orcollections of any similar kind; or
31.2.4. where a lost or damaged item ispart of a pair or set, our liability to you, where it is assessed as the costof replacement of that item, is to be assessed as a sum equivalent to the costof that item in isolation, not the cost of that item as part of a pair or set;
31.2.5. for electrical or mechanicalderangement to any appliance, instrument, clock, computer or other equipmentunless there is evidence of related external damage.
32. IF THERE IS A PROBLEM WITH THESERVICE
If you have any questions or complaints about ourService, please contact us. You can telephone our customer service team at 0333241 3137 or write to us at firstname.lastname@example.org or easyStorage, Unit 23,Uxbridge, Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB.
33. HOW WE MAY USE YOUR PERSONALINFORMATION
33.1. How we will use your personalinformation. We will use the personal information you provide to us:
33.1.1. to supply the Service to you;
33.1.2. to process your payment for theService; and
33.1.3. if you agreed to this duringthe order process, to give your information about similar services that weprovide, but you may stop receiving this at any time by contacting us.
33.2. 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.
34. 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.
Our storage packages have the added benefit of free removal of your items, saving you up to £1,000. All you need to do is pack your items (or we can pack for you, supplying boxes and packing material) and we’ll pick-up your items and store them in our safe and secure easyStorage facility. Then when you are ready, we’ll deliver them wherever you need us to. You just need to give us two working days’ notice. Perfect if you are moving house, running out of space, or just need somewhere to store your stuff.
Our storage plans provide you with a cost-effective alternative to renting your own lock-up storage space as we’ll only charge you for the storage space you need, making it cheaper for you.