Terms & Conditions
1.1 In these Conditions, the following definitions apply unless the context requires otherwise. References to “we”, “us”, “our” are references to Storebox Self Storage (Ireland) Ltd. or any of its subsidiaries or holding companies. References to “you” and “Your” are references to the Customer named on the Zoho Subscriptions account used by us and the payment details request link that was sent to you. “Additional Charges” means charges for merchandise, transport, waste facilities, out of hours’ access, false alarm call outs, VAT and other charges that may be incurred from time to time, such as cleaning, repairs and maintenance. “Agreement” means the Services and Storage Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails. “Condition means these Conditions of providing our Services and use of Storage Centre’s together with any additional conditions which may from time to time be brought to your attention or which are supplied herewith. “Late Charge” means a charge for late payment of a sum due and owing. “Period” means 4 weeks or 28 days. “Period of Storage” means the period of time (being not less than 7 days) during which the Property is stored at the Storage Centre. “Property” means the property from time to time stored at the Storage Centre. “Regular Charges and Storage Charge” means the service and storage charge levied for each Period that the Property is stored at the Storage Centre. “Storage Centre” means the premise indicated in the Agreement overleaf. “Services” means the provision of services related to storage to be provided by us pursuant to these Conditions and the agreement with you, to include cleaning, maintenance, management services, premises security and loading and unloading and the service of storage. “Total Charge” means the Regular Service and Storage Charges plus any Additional Charges. “Week” means a period of 7 days.
1.2 Unless defined above, all capitalized words and phrases used in these Conditions refer to terms used in the Agreement overleaf.
1.3 The headings used in these Conditions are for convenience only and will not affect the interpretation of any provisions contained in these Conditions.
2 THE PROVISION OF SERVICES
2.1 We will upon receipt of the First payment and such other periodic charges as may accrue from time to time, provide the Services to you for the duration of the Period of Storage or until the Agreement is terminated in accordance with clause 12.1 of these Conditions.
2.2 You warrant that you are either the owner of the Property or you are authorized by the owner of the Property to accept these Conditions on his or its behalf.
2.3 We do not inspect property in the Storage Centre and we do not keep any records concerning, or any inventory of, the Property, nor do we have any knowledge of its nature, condition or state of repair.
2.4 Please note that all unit sizes are approximate and we accept no responsibility for their accuracy. In agreeing to our charges you accept that those apply to the unit you use and not any unit it represented.
3 RIGHTS OF ACCESS
3.1 At our discretion, we may allow other persons authorized by you to have access to the Storage Centre and to remove the Property. In that regard if such person has been given the code and the key to the unit we will assume them to be authorized by you to access the unit.
3.2 We will not be liable for loss of or damage to the Property arising from someone been given access or being allowed to remove the Property where we have reasonable grounds to believe that person is entitled or authorized to have access.
3.3 The Storage Centre will be open during the designated opening times. Unless indicated otherwise, the Storage Centre will be closed on bank and public holidays. We reserve the right to alter the designated opening times at our sole discretion by notice at the Storage Centre.
3.4 Out of hours’ access may be arranged, at our discretion. If you require access after normal business hours of the Storage Centre or on a Sunday, bank holiday or public holiday, arrangements must be made in advance during normal business hours with a member of staff at the Storage Centre. An additional charge may be levied for out of hours’ access.
3.5 In the event that due to our occurrence which is our responsibility you are unable to access the unit after arranging out of hours’ access then our liability shall be limited solely to the additional charge in respect of out of hours’ access to which we would otherwise have been entitled.
3.6 in the event that you activate the alarm while availing of out of hour’s access then a false alarm charge will be levied to your account in order to offset the cost incurred by us in relation to the false alarm call out.
3.7 We reserve right to exclude you from the Storage Centre if you are in breach of any of the provisions of the agreement or these Conditions for so long as such breach remains unremedied.
3.8 We alone will determine where the Property is to be stored within the Storage Centre from time to time and we reserve the right to relocate the Property (or any part of it) within the Storage Centre. Notwithstanding any initial or subsequent allocation of spaces for the storage of the Property, you will not be entitled to exclusive possession or use of that or any other part of the Storage Centre.
3.9 We may enter the unit by giving you 7 days’ notice so that we may inspect the unit to ensure compliance with these terms and conditions. 3.10 We may enter the unit at any time without notifying you in the case of emergency when required to do so by the Gardai, fire services, local authority or court order where we suspect the unit is being used in breach of Agreement and to gain access in accordance with clause 11 of this Agreement.
4 THE TOTAL CHARGE
4.1 The Total Charge will be payable in respect of each period
4.2 The Total Charge for the first Period will be due and payable on the date that the Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails. The Total Charge for each successive Period thereafter will be due and payable on the first day of that Period.
4.3 We are entitled to increase the Total Charge by giving you 28 days prior written notice which includes email. Any such increase will take effect immediately following the expiry of the current Period. Upon receiving such notice, you are entitled to terminate the Agreement in accordance with clause 12.1 of these conditions
4.4 We will be entitled to impose a late charge of €5 or 10% of the overdue Services and Storage Charge (whichever is greater) (plus applicable VAT, if any) for each Period that the Total Charge remains unpaid having become due and payable. Such Late Charges will be invoiced separately.
4.5 A service charge of €20.00 will be levied for all returned cheque’s and rejected payments.
5 YOUR UNDERTAKINGS
5.1 You undertake that:
5.1.1 the Property will be securely and properly packed and in such condition as not to cause damage or injury to the Storage Centre or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances otherwise howsoever. In addition, the Property will not be perishable nor include any animal or other living creature;
5.1.2 before presentation of the Property for Storage, you will inform us in writing of any special services you require or any special storage requirements, due to the nature, weight or condition of the Property;
5.1.3 none of the Property contains or consists of hazardous, toxic or radioactive materials, pollutants or contaminants in liquid, solid or gaseous form, food or perishable goods, living creatures of
5.1.4 none of the Property constitutes waste as defined in law;
5.1.5 during your period of use of the unit you will keep the surrounding area clean and free of waste and debris, and you are responsible for disposal of your own waste in order that a clean and safe environment is maintained at all times at the Storage Centre;
5.1.6 you will leave the unit and the Storage Centre secure at all times; 5.1.7 you and any other person authorized by you will observe any regulations in force from time to time at the Storage Centre;
6 YOUR OBLIGATIONS
6.1 You will not;
6.1.1 allow anything to be done at the Storage Centre, which may be or may become a nuisance or disturbance to our employees, agents or other customers;
6.1.2 transfer or assign or in any way part with your rights or obligations under this Agreement and these conditions without our written consent;
6.1.3 request us to store any Property, the possession of which is a breach of law or which would require us to comply with any statutory duties.
7.1 We have a general lien over the Property, which entitles us to retain the Property and security for payment of all sums due and payable and becoming due and payable by you under the Agreement and for any other monies which are owed to us by you.
8 OUR LIABILITY
8.1 Subject to clause 10, we shall not be liable for any loss (including consequential or economic loss) or damage to the goods whether or not the loss or damage is due to any act or omission, negligence or willful default by us or by any of our employees, agents or other customers, nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods. Any other representations, conditions, warranties and other terms whether written or oral, express or implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
8.2 The exclusion of liability in clause 8.1 above does not apply where the damage suffered by you is a direct result of our negligence or wilful default of that of our employees or agents and which causes physical injury to or the death of any person.
10 LIABILITY FOR LOSS AND DAMAGE
10.1 You accept that the property stored at the Storage Centre is stored at your sole risk and expense. You will be solely responsible for taking out appropriate insurance at the full replacement value of the property against all normal perils (i.e. loss or damage to Property caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft accompanied by forcible and/or violent entry or exit, riot, strike, civil commotion, malicious damage and impact by vehicles). In addition, you will procure that the policy of insurance will contain a waiver of the insurer’s rights of subrogation against us. Our employees or our agents.
11 NON PAYMENT OF CHARGES
11.1 If you fail to pay the Total Charge or any Late Charge on the payment due date, we will, at our absolute discretion, be entitled to sell, or in the event that a sale would not be economically justifiable, destroy or otherwise dispose of the Property as we see fit.
11.2 The proceeds of any such sale effected pursuant to sub clause 11.1 above may be applied by us to any unpaid Total Charge or Late Charge and to any other costs, charges and expenses incurred in connection with such sale. You will be entitled to claim the balance (if any) which remains thereafter.
11.3 Any sale affected pursuant to sub clause 11.1 above will be without prejudice to our rights to recover from you any balance outstanding and due from you after the proceeds of the sale have been applied in accordance with sub clause 11.2 of these conditions.
12.1 Either party may terminate the Agreement upon giving no less than 1 day’s notice in writing (including email) to the other party. The customer must give no less than 1 day notice in writing and also vacate the unit before the next charge is due. If the unit is still occupied on the day the charge is due the charge will be processed as normal and no refund will be due.
12.2 Notwithstanding sub clause 12.1 above either you or we may terminate the Agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the Agreement or these Conditions
12.3 Any termination of the Agreement by either you or us will be without prejudice to any other remedies either of us may be able to pursue against each other including the remedy that either of us may be able to sue the other in respect of accrued rights under these Conditions.
12.4 On termination you will give no less than 1 day’s notice to vacate the unit and leave the Storage Centre/Unit in substantially the same condition as it was at the Commencement Date. In the event that the costs are incurred by us in cleaning the Storage Centre or disposing of goods after termination of the Agreement, then we shall be entitled to recover these costs as an additional charge. You are asked to leave the padlock and keys in the empty unit on the floor and the door unlocked.
13.1 These Conditions together with the Agreement herein that was linked to in the Payment details request link email sent to you and confirmed in subsequent emails form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us. By uploading payment card details on the Payment details request link you are confirming you have read and are in agreement with these conditions.
13.2 Any notice given under these Conditions will be in writing and signed by or on behalf of the party giving it and may be served by depositing it at or sending it by facsimile or email or first class prepaid post to the addresses stated overleaf or if any change of address has been notified to us at the last address so notified. Any notice so served by facsimile or post will be deemed to have been received in the case of facsimile, 12 hours after the time of dispatch and in the case of first class prepaid post, 48 hours from the time of posting. It is your responsibility to notify us of any change of address and in the absence of such notice, service will be deemed to be good if sent to the address stated overleaf.
13.3 We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this agreement being prevented or delayed by reason of any Act of God, riots, strike or lockout trade dispute or labour disturbance, accident, breakdown of plant machinery or equipment, fire, flood, break-in, difficulty in obtaining workmen, materials or transport, electrical power failure or other circumstances whatsoever outside our control.
13.4 Each of the provisions of the Agreement and of these Conditions is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability in that jurisdiction of any other provisions of the Agreement or these Conditions.
13.5 Nothing in this Agreement or in these Conditions will be treated as creating any tenancy, lease, license, or any relationship of landlord or tenant between you and us nor will be regarded as such.
SUMMARY OF OUR INSURANCE COVER
This facility only applies if you have indicated “yes” to the insurance option detailed in the Lease Agreement and have paid the appropriate additional charge. Please read carefully clause 10 of the Lease Agreement.
It is a condition of the Lease Agreement that your property is insured for its full true total value and that cover is maintained throughout the total period of storage with us. Please note that irrespective of whether or not you instruct us to include you within our insurance arrangements our liability for actual physical loss of or damage to your property while in store is limited by the terms of the Lease Agreement which form part of our contract with you.
SUBJECT TO YOU GIVING US INSTRUCTIONS TO INSURE, we can arrange on your behalf insurance Underwritten by Amica for AXA Versicherung AG and Others to cover physical loss or damage to your property within our insurance arrangements as summarised below. You may inspect the policy at our office on request. Please note, the cover provided by Us is optional.
TOTAL SUM INSURED
The full true total maximum value of the goods at all times as declared to us on the Lease Agreement or elsewhere in writing. The sum insured shall in no circumstances exceed EUR 30,000 for any one customer unless confirmed in writing by us. The total sum insured can be increased on payment of an additional charge, subject to the prior agreement of our Insurers.
Actual physical loss of or damage to your property caused by fire, lightning, explosion, earthquake, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substance, aircraft or articles dropped therefrom, moth, insect or vermin from an external cause, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicle or railway rolling stock.
The sum covered must represent the full true total value of the property stored at all times. If you fail to declare the full replacement value of your property on the Lease Agreement, in the event of a claim we will only be entitled to recover on your behalf from our Insurers the proportion of the loss as the declared value bears to the total replacement value of your property.
BASIS OF CLAIMS SETTLEMENT
The settlement of any claim shall be by replacement, repair and/or compensation at Insurer’s option. In the event of the total loss or destruction of any item insured under this Insurance, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new.
Household linen and clothing
Where any claim includes loss of or damage to any item(s) of household linen and clothing, Insurers will take into consideration the age, quality, degree of use and consequent market value of any such lost or damaged item(s).
Where any claim includes loss of or damage to documents the basis of settlement shall relate to the reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
PAIRS & SETS CLAUSE
Where any items are part of a pair or of a set Insurers shall only pay for the actual items which are lost or damaged. No payment will be made by Insurers for any items which are part of a pair or of a set and which are not lost or damaged.
Insurers will not pay the first EUR 60 of each claim per customer
All claims must be notified to us at the time of discovery of loss or of damage to your property or at the time of removal of your property from the unit, whichever is the soonest.
CUSTOMER SERVICE AND COMPLAINTS
Insurers are dedicated to providing a high quality service and want to ensure that this is maintained this at all times. If you feel you have not been offered a first class service please contact International Claims Agency Ltd (ICA) who will do their best to resolve the problem. ICA’s contact details are:
International Claims Agency Ltd,
Unit 10, Invicta Way,
Ramsgate, Kent CT12 5FD United Kingdom Telephone: +44 (0)1843 823820
Fax: +44 (0)1843 823956 E-mail: firstname.lastname@example.org
No cover is provided for the following
- Money, Coins, Bullion, Deeds, Bonds, Securities and the like.
- Livestock, Plants, Explosives and Flammables
- Jewellery, Watches, Precious Stones,
- Stamps of all kinds exceeding EUR 750 combined total.
- Furs, fine arts, perfumery, mobile phones, tobacco, cigars, cigarettes, beers, wines, spirits & the like exceeding EUR 15,000 combined total.
- Electronic items exceeding EUR 15,000 in total. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopiers, smart phones, tablets, hi-fi`s, stereos, CD players, Digital Recorders / Players and the like. (Heavy electrical items such as switchgear, turbines, generators and the like shall be deemed not to be electronics.)
- Depreciation following repair or restoration of a damaged item
- Loss of data records other than cost of blank data carrying materials.
- Any goods which you are not permitted to store under the terms of the Lease Agreement.
- Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
- Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage arising from an Insured Peril.
- Loss or damage from:
- ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;
- the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or nuclear component thereof,
- any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
- the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion of this sub clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried stored or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
- Loss or damage from any chemical, biological, biochemical or electromagnetic weapon. The use or operation as a means of inflicting harm of any computer system, computer software program, computer virus or process or any other electronic system.
- Loss of or damage to your property directly caused by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds
- Loss of or damage to your property caused by or resulting from any act(s) of terrorism or any person(s) acting from a political motive.