1) WHAT THIS AGREEMENT COVERS
a) These terms and conditions and the PodProtect Addendum, where applicable, constitute the agreement between Us on which We supply products to you, whether these are goods, services or digital content.
b) Please read these terms carefully before you submit your order to us. These terms tell you who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact Us to discuss.
i. If you have already submitted your order and you do not agree with these terms then you must advise Us immediately so that your contract can be terminated in accordance with paragraph 23)b) and 23)c) of this Agreement.
c) In some areas you will have different rights 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 wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
d) If you are a business customer, You acknowledge 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 out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2) INFORMATION ABOUT US AND HOW TO CONTACT US
a) We are E-Storage Worldwide Limited, a company registered in England and Wales. Our company registration number is 10785417 and Our registered office is at Unit 23, Uxbridge Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB. Our registered VAT number is 278214783. Our trading name is “easyStorage”.
b) You can contact Us by telephoning Our customer service team at 018955 41323 or by writing to Us at info@easystorage.com
c) If We have to contact you We will do so by telephone or by writing to you at the email address or postal address you provided to Us in your order.
3) ACCEPTANCE OF TERMS
a) Please read these terms and conditions carefully to be sure that you understand them. By proceeding with a booking, you are agreeing to these terms and conditions. Your attention is particularly drawn to paragraphs 18) (Disclaimer) and paragraphs 19) (Liability)
b) If you have requested these terms and conditions to be sent to you as a hard copy, you may sign and return a hard copy of these terms and conditions to us. By signing and returning a copy of these terms and conditions you are agreeing to these terms
c) If you are signing and returning a hard copy of these terms and conditions and not placing your order through Our Site then you may inform Us of what products you are ordering (including any goods and/or services) over the telephone or by email. Where you have made your order over the telephone or by email, all references to making an order through the Site should be amended accordingly
d) You must be at least 18 years old to use the Service. By registering to use the Service, 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 take place when We email you to accept it, at which point a contract will come into existence between you (“you” and “your”) and Us with the terms and conditions set out in this Agreement and the order you placed on Our Site (or the order placed over the telephone or email if signing a hard copy of these terms and conditions)
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 or services. This might be because a product is out of stock, because of 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 or service or because We are unable to meet a delivery deadline you have specified
c) We will assign an order number to your order and tell you what it is when We accept your order. It will help Us if you can tell Us the order number whenever you contact Us about your order
5) DEFINITIONS
a) In these Terms and Conditions, the following words have the following meaning:
• “We”, “Us”, “Our” means easyStorage;
• “1 Pod 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 of 35 square feet) (as set out in more detail on the Site under ‘Space Guide’);
• “Access Hours” means 09.00 – 16.00 Monday to Friday excluding Bank Holidays.
• “Access Request” means a request by you to arrange a visit to the storage facility where your Pod(s) is stored to access your Pod(s). This service is subject to availability.
• “easyStorage Agent” means an easyStorage representative contacted by telephone, email, chat, social media or in person;
• “Agreement” means this agreement entered into by you and easyStorage for the provision of the Service and/or the purchase of easyStorage Packing Materials on these terms and conditions and the details you provided in your order on the Site, 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 We sell on Our Site;
• “Economy Plan” means our most affordable option. It includes basic storage features. Access to the storage Pod is an additional cost for each visit;
• “First Class Plan” this is our most comprehensive plan. It includes all features of the Premium Plan with the addition of all packaging materials as determined to be required for the job being provided ahead of the Collection at no extra cost. Packing services are charged for on a per-person, hourly basis.
• “Hourly Rate” means the hourly charge per driver(s) and/or loader(s) for labour as set out on the Site 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 requirements from time to time, as set out in this Agreement;
• “Premium Plan” this plan includes enhanced features over the Economy Plan. Access to the storage pod is included free of charge.
• “Services” means the services referred to in paragraph 9)a);
• “Service Zone” means an area in the United Kingdom within 10 miles radius of the original collection location of Your Property, or for items dropped at our storage facility, a 10 miles radius from that address;
• “Site” means easyStorage’s website at www.easyStorage.com;
• “Space Guide” means the tool available on the Site which allows You to understand how much storage space is required;
• “Storage Space(s)” means the 1 Pod Plan or multiples thereof;
• “Storage Pod” or “Pod”means a storage space with the same dimensions as the 1 Pod Plan;
• “Working Days” means all days other than Saturday, Sunday and Bank Holidays. For the avoidance of doubt, a working day is deemed to have ended at 17.00;
• "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, handled or stored by Us;
• “PodProtect” means an agreement between Us where We accept a higher limit of liability in return for payment of the PodProtect Charges and in accordance with the PodProtect Addendum and this Agreement;
• “PodProtect Charges” means Our additional charges for PodProtect.
• “Replacement Value” means the current cost of replacing Your Property, allowing for age, quality, degree of use and second hand market value at the time Your Property is packed or otherwise made ready for removal and/or storage, except:
For any Property which cannot be purchased new (such as antiques or works of art, for example), the Replacement Value is the current market value of such Property; and
For documents, 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.
We are not liable for the cost of replacing Your Property as new unless You can evidence it was brand new and unused at the time at the time Your Property is packed or otherwise made ready for removal and/or storage.
• “Maximum Replacement Value” means the maximum sum total of the Replacement Values for Your Property at all times for the duration of this Agreement including where Our Services include removal and/or storage of Your Property on multiple occasions or where You add or remove Your Property from storage;
• “Property” or “Your Property” means any and/or all goods submitted for removal and/or storage;
6) TERMS AND CONDITIONS
a) In order to use the Service and/or purchase easyStorage Packing Materials, you must agree to these terms and conditions. You may not use the Service and/or purchase easyStorage Packing Materials if you do not accept these terms and conditions. Your use of the Service and/or your ordering of any easyStorage Packing Materials will be taken as acceptance of these terms and conditions.
b) easyStorage may refuse or may cease to provide the Service and/or easyStorage Packing Materials where easyStorage considers that the Service and/or provision of easyStorage Packing Materials is or may be used in breach of these terms and conditions, or for any unlawful or improper purpose or for any other reason.
c) easyStorage may change these terms and conditions from time to time. easyStorage will notify you of any changes by posting them on the Site. Any changes to these terms and conditions will come into force on the date stated in the notice which shall not be less than ten days from when notice is given. If you use the Service and/or purchase easyStorage Packing Materials after changes to the terms and conditions have come into force, you will be taken to have agreed to the changes. If you do not agree to the changes, then you may terminate this Agreement under paragraph 24).
7) YOUR INFORMATION
a) In order to use the Service and/or purchase easyStorage Packing Materials, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Service and/or purchasing of easyStorage Packing Materials, or as part of your continued use of the Service. You agree that any registration information you give to easyStorage, including payment details, will always be accurate, correct and up to date.
b) easyStorage processes information about you in accordance with its Privacy and Cookies Policy. By using the Service and/or purchasing easyStorage Packing Materials, you consent to this processing.
8) PASSWORD AND SECURITY
a) When first signing up to use the Service and/or to purchase easyStorage Packing Materials, you will be required to choose a password as part of the registration process. You can log into your account and change your password at any time. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur under your account.
b) You shall:
i. keep your username and password strictly confidential and take all reasonable steps to ensure that nobody other than you accesses your account using your username and password; and
ii. promptly notify easyStorage if you become aware or suspect that your username and password have become known to someone else.
9) THE SERVICE
a) In return for the charges payable under this Agreement, as and when requested by you from time to time, easyStorage shall provide the following service (the Service) to you:
i. where you request, deliver easyStorage Packing Materials to your specified delivery address;
ii. collect Your Property suitably prepared for transport, from your specified collection address on the collection date chosen by you on the Site or through an easyStorage Agent and confirmed by easyStorage to you by email;
iii. if you request, assist you with packing and preparing Your Property for transport (charges will apply according to time taken rounded up to the next full hour for each member of staff);
iv. If you request, assist you with dismantling or assembling any unit, system or furniture (including flat pack) which will be charged at £37.50 per item;
v. if you request, assist you in making an inventory of Your Property prior to storage (the Inventory) that can be linked to each Storage Pod via the Site’s inventory management system (charges will apply according to time taken rounded up to the next full hour for each member of staff). The Inventory produced pursuant to this paragraph is done so purely to assist in reminding you what you have in storage, in each Storage Pod, but the Inventory is not to be considered proof of packing.
vi. load Your Property onto Our vehicles ready for transport to a storage facility (charges will, depending on the job, either be on a fixed price per Pod basis or will apply according to time taken rounded up to the next full hour for each member of staff). Fixed Collection and Return fees exclude packing/waiting time – charged at £80/hour
vii. transport Your Property packed in easyStorage Packing Materials or Property otherwise suitably prepared for transport to either an easyStorage storage facility or a third party’s storage facility and store them there; and
viii. returning Your Property to your specified return address on the date chosen by you on the Site or through an easyStorage Agent and confirmed by easyStorage to you by email.
ix. return Your Property subject to two clear working days’ notice subject to Our availability. As much notice as possible should be given to avoid inadvertently rolling into a further billing period. 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’s equivalent storage charge for every week or part week that is caused to be used.
x. in the event that you elect to use an Access Request to clear Your Property from your Pod(s) and cease the storage with easyStorage, a charge of £40 per hour will be charged by easyStorage to supervise the unloading of Your Property. For avoidance of doubt there will be no free first hour in this instance. If you require assistance from easyStorage staff to unload there will, in addition to this charge, be a further charge of £40 per hour for each member of staff engaged.
xi. easyStorage reserves the rights to move Your Property between storage facilities, at its own cost, should the need arise.
xii. an additional fee of £6 per mile, inc vat, will apply if the return address is more than 10 miles from the location of the collection of Your Property
xiii. in the event a fixed price per Pod is given for loading Your Property there is a 3 hour limit before a per loader, per hour charge is levied.
b) You agree that the Storage Space that you requested on the Site or through an easyStorage Agent has sufficient dimensions to accommodate Your Property for collection and storage at a storage facility, subject to any change to the Storage Space that may be agreed by easyStorage at the time of collection (if possible). Any guidance gleaned from the Space Guide or from an easyStorage Agent is intended as a guide only.
c) You agree that if you arrange for a delivery, collection or return on 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 may be payable.
d) Times given by easyStorage on the Site and App or otherwise for delivery, collection or return are arrival window estimates only and easyStorage shall not be liable for any delay in delivery, collection or return.
e) Quotes regarding pricing given by easyStorage on the Site and App or otherwise for the provision of the Service are estimates only and easyStorage reserves the right to charge for the actual cost of providing the Service requested by you on the Site or through an easyStorage Agent.
f) easyStorage may cancel or postpone any delivery, collection or return where easyStorage considers that it may endanger any employee, easyStorage representative, contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of easyStorage having limited access to your specified delivery, collection or return address.
g) easyStorage will not be responsible for:
i. disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
ii. removing Property from or returning Property to rooms or areas of your property where it is deemed difficult to do so without causing some level of damage.
iii. any damage caused directly or as a consequence of agreeing to undertake any of the actions laid out in 9)gi or 9)g)ii
iv. 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 caused to either your property or to that of other customers’ property at Our Site due to the improper preparation of this Property.
h) We may make additional charges if:
i. the stairs, lifts or doorways are inadequate for free movement of Your Property without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for Our vehicles and/or containers to load and/or unload within 20 metres of the doorway or We have to pay parking or other fees, fines, emission or congestion charges in order to carry out services on your behalf;
ii. the Storage Space you have chosen has insufficient volume (calculated with the dimensions set out under the ‘Space Guide’ on the Site) to accommodate the volume of Your Property and you need more storage (although there can be no guarantee that easyStorage will be able to accommodate your additional needs immediately).
i) The Storage Plan (Economy Plan, Premium Plan and First Class Plan) provides the level of service that you require, including Access. Note that the Economy Plan requires additional payment for Access bookings.
j) You can upgrade a Storage Plan at any time but can only downgrade to a lower Storage Plan after a full month of the existing plan for Economy Plan and Premium Plan and three full months for the First Class Plan has been charged in addition the remainder of the month when the request was given.
10) PURCHASING OF EASYSTORAGE PACKING MATERIALS
a) Placing an order for easyStorage Packing Materials and its acceptance
i. By ordering easyStorage Packing Materials on the Site or through an easyStorage Agent you agree that each order is an offer by you to buy the easyStorage Packing Materials specified in your order subject to the terms and conditions set out in this Agreement.
ii. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
iii. After you place an order, you will receive an email from Us acknowledging that We have received it, but please note that this does not mean that your order for easyStorage Packing Materials has been accepted. Our acceptance of your order will take place as described in paragraph 10)c) below.
iv. We will confirm Our acceptance to you by sending you an email that confirms that the easyStorage Packing Materials have been dispatched (Dispatch Confirmation).
v. If We are unable to supply you with the easyStorage Packing Materials for any reason, We will inform you of this by email or by telephone and We will not process your order. If you have already paid for the easyStorage Packing Materials, We will refund you the full amount including any delivery costs charged as soon as possible.
b) The easyStorage Packing Materials
i. The images of the easyStorage Packing Materials on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflect the colour of the easyStorage Packing Materials. The colour of easyStorage Packing Materials may vary slightly from those images.
ii. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on Our Site have a 6% tolerance.
iii. Although We will make every effort to provide you with the easyStorage Packing Materials branded and as shown on the Site, there may be times when We are temporarily out of stock of the branded easyStorage Packing Materials and easyStorage reserves the right to provide easyStorage Packing Materials without any branding or with alternative branding under these circumstances.
c) Delivery, transfer of risk and title
i. We will contact you with an estimated delivery date, which will be within two days after the date of Our Dispatch Confirmation.
ii. Delivery is complete once the easyStorage Packing Materials have been unloaded at the address for delivery set out in your order and the easyStorage Packing Materials will be at your risk from that time.
iii. You own the easyStorage Packing Materials once We have received payment in full, including of all applicable delivery charges.
iv. If We fail to deliver the easyStorage Packing Materials, Our liability is limited to the cost of obtaining replacement packing materials of a similar description and quality in the cheapest market available, less the price of the easyStorage Packing Materials. However, We will not be liable to the extent that any failure to deliver was caused by a Force Majeure event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the easyStorage Packing Materials.
v. If you fail to take delivery within two days after the day on which We notified you that the easyStorage Packing Materials were ready for delivery, We may resell part of, or all the easyStorage Packing Materials.
d) You may also purchase easyStorage Packing Materials in person from Our staff at the time of the collection of Your Property and pay for them directly with Our staff at the time. For the avoidance of doubt, Our staff will not accept any cash payments and will only take card payments in accordance with paragraph 15).
11) YOUR RESPONSIBILITIES
a) You will be responsible for:
i. obtaining and ensuring that easyStorage or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
ii. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of Your Property and/or any easyStorage Packing Materials;
iii. Where You load or unload the Pod at the Storage Facility, you must:
1. Inspect the Pod prior to loading and inform Us if You believe it to be damaged or unsuitable for Your requirements in any way. Otherwise, the Pod will be deemed to be in good condition at the commencement of the contract.
2. Comply with all fire, safety and security precautions or instructions at the Storage Facility or while using the Pod as directed by a member of our staff.
3. Inform us immediately of any damage to the Pod.
4. Comply with the directions of Our employees, representatives or subcontractors at the Storage Facility and any further regulations for use of the Pod, which we may issue from time to time.
iv. providing easyStorage with your contact details (including a working telephone number) and ensuring that these are accurate and up-to-date;
v. notifying easyStorage of any changes regarding your orders two clear working days notice before the:
delivery of your easyStorage Packing Materials;
collection of Your Property; or
return of Your Property; or
where such delivery, collection or return is scheduled Saturday, Sunday or Bank Holidays do not count as working days,
vi. ensuring Your Property has been securely packed in accordance with Our Packaging Requirements and is suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to easyStorage’s property, employees, representatives, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if any items of Property are fragile you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed; and
vii. ensuring that the volume of Property you require to be collected, loaded and stored by easyStorage fits into the dimensions of the Storage Space you ordered on the Site or through an easyStorage Agent. You acknowledge that each Storage Space is made up of multiple individual Storage Pods (as shown on the Site under the ‘Space Guide’) and therefore no single item of Your Property that you require to be collected and stored can be greater than the dimensions of a single Storage Pod and for the avoidance of doubt, no single item being stored can be longer than 2250mm (i.e. the height of a single Storage Pod). Any Property that does not fit in a Storage Pod may be stored as a loose item and be charged for accordingly on a per item basis. However, it may be necessary to make an additional booking for another time to take unexpected loose items; and
viii. ensuring that the weight of Your Property shall not exceed 650 kg per Storage Pod as requested on the Site or through an easyStorage Agent and calculated in accordance with the ordered Storage Space;
ix. Obtain at your own expense, all documents, permits including parking or visitor permits or vouchers or relevant change for the parking metres, permissions, licences, customs documents and any other documents necessary for the removal to be completed. This includes reserving a suitable parking place/suspension bay within close proximity of the property for Our vehicle/s.
b) You must not
i. Use the Pod or Storage Facility in 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 any way part with the benefit of this agreement which shall be reserved to You.
iii. Cause any damage to the Pod or the Storage Facility or to Our property or possessions or any other customers. If in breach of this paragraph You must (at our option) repair, restore or replace such damaged items, or reimburse our costs in making necessary repairs, restoration or replacement.
iv. Cause any obstruction or undue hindrance in any passageway, stairway service area, access area or other part of the Storage Facility
12) YOUR PROPERTY
a) You warrant that Your Property is your own property or that you have the right and authority to store the items in accordance with this Agreement.
b) easyStorage does not warrant that the storage facility used by easyStorage is a suitable place or means of storage for any particular goods.
c) Your Property must not include and you must not store any of the following (“Excluded Items”):
i. E-scooters, E-Bikes, E-Skateboards and any battery powered vehicles of any similar kind.
ii. Fur perfume products, tobacco, cigars, cigarettes, beers, wines, spirits and the like.
iii. Money or currency of any kind, jewellery, 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 school work, wedding dresses and university submissions, for example (see also paragraph 19)i)iv 11);;
v. Furs worth in excess of £100;
vi. Mobile telephones, tablets, laptops or portable media or portable computing devices of any kind;
vii. E-cigarettes;
viii. Pornographic material;
ix. Medicines, medical needles or drugs of any kind;
x. Food or perishable items or those requiring a controlled environment;
xi. Property likely to encourage vermin or other pests or to cause infestation or contamination;
xii. Pets, livestock or any other living creatures or plants;
xiii. Combustible or flammable substances such as fireworks, gas, paint, petrol, oil, cleaning solvents, aerosols, or compressed gases;
xiv. Any illegal item or substances or items illegally obtained such as illicit, counterfeit or smuggled tobacco or alcohol and unlicensed or unsafe items;
xv. Property which is environmentally harmful or that are a risk to property or person;
xvi. Weapons, firearms, ammunition or explosives or parts, associated accessories, materials or ingredients of all kinds;
xvii. Chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances;
xviii. Any item that emits fumes or odours;
xix. Any item which requires special licence or government permission for export or import.
xx. Liquids and semi-liquid foods in glass containers;
xxi. Sharp knives or other kitchen implements unless blade is fully protected with a suitable material;
xxii. Specialized equipment with electronic and/or fragile components;
d) You agree to make Your own arrangements to transport or store Excluded Items – We will not, under any circumstances, transport or store Excluded Items. If You submit any Excluded Items without Our knowledge, We will have no liability for loss or damage to Excluded Items or where other Property is damaged by the Excluded Items.
e) Should it become apparent that any Excluded Items are contained within Your Property, such items will be removed and disposed, and the rest of Your Property 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 be charged for each prohibited item that is found. Further disposal fees may 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 Pod and divide the contents to multiple Pods. Additional Pods would be charged for accordingly without prior notice; or
iii. return Your Property, at your cost, at any time, if, in easyStorage’s reasonable opinion, the storage, or continued storage, 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 storage facility.
iv. without notice, move Your Property to an alternative storage facility should your account fall into arrears. This new location will be where you will be required to visit should you require access (once your account is paid up to date) and will be where any milage charge for returning Your Property will be calculated from as the new starting point.
g) You agree that if title to Your Property is subject to any third party claim:
i. easyStorage has the right to investigate the title and be satisfied as to such title before returning Your Property; and
ii. easyStorage may keep possession of Your Property and continue to charge you until it has completed any investigation as to title in accordance with paragraph i above.
13) RESTRICTIONS
a) You must not:
i. use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
ii. sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless easyStorage has previously agreed in writing; or
iii. attempt to interfere with or disrupt the Service or the Site or the App or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
14) Access
a) You have the right to make an Access Request for you Pod during Access Hours as posted by Us and subject to two clear working days advanced notice and the terms of this Agreement. We will try to provide advance warning of changes to Access Hours by notice at the Storage Facility and/or by SMS or email, but reserve the right to change Access Hours temporarily to other reasonable times without giving prior notice.
b) Only You or others authorised or accompanied by You (“Your Agent”) may access the Pod. You are responsible for and liable to Us and other users of the Storage Facility for Your 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 Our sole discretion, may refuse access to any person.
c) We may refuse You access to the Pod and/or the Storage 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, Pod or Property on or at the Storage Facility has been threatened or may be put at risk.
d) You authorise Us and Our employees and contractors to enter Your Pod in the following circumstances and to break any lock if reasonably necessary to gain entry: (i) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Pod or any other part of the Storage Facility; (ii) 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; (iii) if We believe the Pod is being used to store prohibited Property or Excluded Items or used for a prohibited purpose; (iv) if We are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; (v) to relocate the Property or exercise Our lien or power of sale or disposal in accordance with this Agreement; (vi) to separate Your Property into additional Pods where the total weight of Your Property in any single Pod exceeds the maximum permissible weight (see paragraph 11)a)viii); (vii) to investigate title to Your Property in the event of any dispute; and (viii) where We consider it necessary if inappropriate packing materials may have been used by You.
e) If You access Your Pod while stored by Us or on Our behalf:
i. It is Your responsibility to provide Us with an updated Maximum Declared Value (if You opt for PodProtect) as soon as possible but in any event within 10 days.
ii. You are deemed to have loaded the Pod and Our liability for the remaining period of storage and delivery out of store will be restricted as set out under paragraph 19)i)ii.
iii. You must notify Us of any loss or damage You discover in accordance with paragraph 20)d).
iv. If you have selected the Economy plan, charges will apply for each Access booking.
15) CHARGES AND PAYMENT
a) You may choose to sign up to the Service on the Site or through an easyStorage Agent either:
i. on a rolling Month by Month ‘pay as you go’ basis (i.e. every calendar month);
ii. on a rolling half yearly by half yearly basis (i.e. every 24 weeks); or
iii. on a rolling yearly basis (i.e. every 52 weeks);
b) You shall pay to easyStorage charges for the Service as follows:
i. where you sign up to the Service on a rolling Month by Month ‘pay as you go’ basis, you shall pay easyStorage’s standard rates for the time being in force as detailed on the Site. No notice will be given when you are due to roll over to the next Month;
ii. where you sign up on a rolling half yearly by half yearly basis, you shall pay easyStorage’s set half yearly charges as detailed on the Site; or
iii. where you sign up on a rolling yearly by yearly basis, you shall pay easyStorage’s set yearly charges as detailed on the Site; and
iv. Hourly Rate of easyStorage’s staff/contractor’s labour, whether such labour is used for the loading, unloading, packing or assistance in making an Inventory or any other additional service that requires the labour of easyStorage’s staff/contractors as set out under paragraph 9)a). The amount of labour or time required purely depends on the amount of labour and time required and charges will apply accordingly.
c) Where you sign up to the Service on a half yearly or yearly basis, easyStorage will email you at your specified email address 5 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
i. terminate the Agreement in accordance with paragraph 24)a); or
ii. be deemed to sign up to the Service on the same basis as you originally signed up to the Service for, (i.e. either on a rolling half yearly by half yearly basis or a rolling yearly by yearly basis), and shall pay to easyStorage charges for the Service in accordance with paragraphs 15)b)ii or 15)b)iii above respectively.
d) easyStorage reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that Your Property is collected:
i. have a volume greater than the Storage Space selected by you on the Site or through an easyStorage Agent; or
ii. exceeds the maximum weight limit of 650kg per Storage Pod; or
iii. for any single item that is 100kg or more in weight, including but not limited to pianos. It may be necessary to 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 are left waiting and easyStorage staff cannot begin their work at the agreed time then easyStorage reserves the right to charge you for the full cost of the waiting 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 the rate of VAT changes, easyStorage reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
g) We accept payment from Paypal, Visa, Mastercard and American Express and easyStorage’s charges are payable by credit card or debit card or Paypal in advance as follows
i. charges for easyStorage to send you easyStorage Packing Materials will be payable when you place an order on the Site or through an easyStorage Agent;
ii. In respect of any Storage Space and a rolling Month by Month ‘pay as you go’ basis:
1. charges for the first Month’s storage and charges for collection, return and transportation (as detailed on the Site or through an easyStorage Agent), and any charges for PodProtect which you choose to purchase pursuant to paragraph 19)f), will be payable when you place an order on the Site;
2. charges for subsequent Months storage, and any charges for PodProtect which you choose to purchase pursuant to paragraph 19)f), will be payable every Month commencing on the date that Your Property was collected from your specified collection address for transit to a storage facility;
iii. In respect of any Storage Space on a half yearly or yearly basis chosen by you:
1. charges for the first half yearly or yearly period of storage chosen by you and charges for collection, return and transportation (as detailed on the Site), and any charges for PodProtect which you choose to purchase pursuant to paragraph 19)f) and the PodProtect Addendum, will be payable when you place an order on the Site or through an easyStorage Agent;
2. charges for subsequent periods of half yearly or yearly storage, and any charges for PodProtect which you choose to purchase pursuant to paragraph 19)f) and the PodProtect Addendum, will be payable every 24 weeks or 52 weeks respectively (depending on whether you chose a Storage Space on a half yearly or yearly basis) commencing on the date that Your Property was collected from your specified collection address for transit a storage facility;
3. You are required to have a valid payment card registered against your account at all times. If no valid card is registered, then you are required to pay a security deposit of three months storage rental.
iv. You consent to the payment card you have provided being charged at the anniversary of your Storage Space for the next payment period where you plan rolls over for another period in accordance with paragraphs ii and iii above;
v. You grant Us authority to charge the payment card provided, without notice, for any outstanding balance on your account at any time on or after the amounts become due, including any fees associated with returning your Goods. You confirm that you have gained the approval of the card holder to do so should the card not be yours but a third party’s;
1. 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 make payments in accordance with these terms and that you have made the cardholder aware of your obligations under this Agreement, including but not limited to there being recurring payments.
2. you sign up to the Service for a specified period; and
3. subject to paragraph 23), if you request the return of all of Your Property before the end of the specified period, you will be liable for all storage charges for Your Property up to the end of the agreed minimum period. The charges for easyStorage to return Your Property to your specified return address (the cost of which as notified to you when you placed your order on the Site or through an easyStorage Agent), are payable in full when you arrange for Your Property to be returned.
h) If you store additional Property to those already in storage with easyStorage.
i. the agreed charges for Your Property already in storage will continue to apply to that Property; and
ii. the monthly charges for storage in relation to the additional Property will be calculated on the basis of the total volume of Your Property that will be in storage.
i) If you request the return of all or any of Your Property before the end of the specified minimum period, you may store the same number of replacement Property with easyStorage to the end of the agreed minimum period at no extra storage charge. Your replacement Property will be subject to the same level of easyStorage’s liability as those items which 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 replacement items to your specified return address.
j) easyStorage may charge £20.00 administration fee to cover easyStorage’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to easyStorage. It is likely that easyStorage will attempt to take payment on more than one occasion so such administration fees will be charged on each occasion.
k) If payment of the charges and any other amounts payable are not received by the due date, easyStorage may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Your Property under paragraph 16), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, £20.00 per letter or email sent in the process of collecting the outstanding debt, and collect any charges from you as the debtor for auction or sales fees, and any transaction fees required.
l) easyStorage may review the monthly charges from time to time. If easyStorage increases the standard monthly rates for the charges:
i. for all new orders, the new standard rates (as set out on the Site) will take immediate effect;
ii. for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than one calendar month in advance of your following monthly bill and shall 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 existing customers who signed up to the Service on a half yearly or yearly basis, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site or through an easyStorage Agent.
m) Additional charges as set out on the Site from time to time may be applied if:
i. you provide insufficient or inaccurate address information;
ii. you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
iii. easyStorage’s carrier is unable to access your premises to deliver or collect Your Property and the delay lasts longer than twenty minutes;
iv. delivery, collection or return of Your Property takes over one hour to complete from arrival at your address through no fault of easyStorage’s carrier/staff;
v. you request that delivery, collection or return of Your Property be carried out outside of normal working hours (09.00— 17.00 Monday — Friday);
n) subject to paragraph 23), if you cancel any collection of Your Property that has been confirmed with easyStorage, the following charges will be payable to easyStorage:
i. On the day of collection – full loading/transportation fee and first month’s storage;
ii. Less than 2 clear working days (not including the day of service) - £75
o) subject to paragraph 23), if you cancel any return of Your Property that has been confirmed with easyStorage, the following charges will be payable to easyStorage:
i. On the day of return – full loading/transportation fee;
ii. Less than 2 clear working days (not including the day of service) - £75
p) subject to paragraph 23), if you cancel your Access booking with less than two clear working days notice or you don’t show at an agreed time to Access Your Property, then you will incur a £35 administration fee payable to easyStorage.
q) subject to paragraph 23), a deposit paid to secure a booking slot will not be refundable.
r) Booking requests to Access your Pods is based on a Fair Use policy.
s) If you are a business customer you must pay all amounts due to Us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
t) Whilst We process refunds immediately, please note that some card processing companies might take up to 10 days or more to place funds back into your account.
16) RIGHT TO WITHHOLD OR DISPOSE OF YOUR PROPERTY
a) If you do not pay the charges or any other payments due under this Agreement, easyStorage shall have the right to withhold and ultimately dispose of some or all of Your Property in accordance with this paragraph 16). You will be responsible for all storage charges and other associated costs reasonably incurred by easyStorage while withholding or disposing of Your Property.
b) easyStorage will provide you with 60 days written notice requiring you to pay all amounts due and to contact easyStorage to arrange for re-delivery of Your Property. If, upon the expiration of the 60 day notice period you have failed to pay all of the amounts due, easyStorage will escalate the recovery process and a fee of £250 will be applied to commence disposal of some or all of Your Property by sale, gift to charity, or otherwise.
c) If in easyStorage’s reasonable opinion Your Property cannot be sold for a reasonable price or at all (for any reason) or despite easyStorage’s reasonable efforts they remain unsold, you authorise easyStorage to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
d) You shall be responsible for all costs reasonably incurred by easyStorage in relation to the disposal of Your Property including an administrative charge of £275. The administrative charges remains payable by you, together with any outstanding debt less any amount that We may have been able to recover from the sale of Your Property.
e) Interest will continue to accrue on the balance under paragraph 15)m) until it is paid in full. Failure to pay this balance within seven days will result in recovery action and further debt collection charges.
f) If, having been served with 60 days written notice requiring you to pay all amounts, you make a part, but not full payment, during the 60 day notice period, the notice period will remain in effect from the date the notice was initially given.
17) FEEDBACK
Where you provide easyStorage with any feedback or suggestions in relation to the Site or the App or the Service, you agree that easyStorage shall have no confidentiality obligations with respect to such feedback or suggestions and easyStorage may use or incorporate into the Site or the App or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you.
18) DISCLAIMER
a) easyStorage provides the Site and the App on an “as is” and “as available” basis with all faults. easyStorage does not warrant that use of the Site or the App will be error-free or uninterrupted or that any defects will be corrected.
b) easyStorage will provide the Service and the easyStorage Packaging Materials with reasonable care and skill and substantially as described in this Agreement. easyStorage does not make any other promises or warranties about the Service and/or the provision of the easyStorage Packing Materials.
19) easyStorage’s LIABILITY FOR LOSS OR DAMAGE TO YOUR PROPERTY
a) Our liability commences from the time:
i. We take the Pod and Your Property into Our custody after You have loaded Your Pod at our Storage Facility;
ii. We take any Property into our custody when We are loading the Pod; or
iii. Your Property is professionally packed (if You engage Us for packing services).
b) Our liability ceases:
i. When Your Property is collected from storage by You or Your Agent;
ii. Where any of Your Property is unloaded from the Pod by Us, Our liability extends to cover the period of unloading but only for the Property unloaded by Us; or
iii. Where Your Property is professionally unpacked by Us, Our liability extends to cover the period of professional unpacking, provided this takes place within seven (7) days of delivery of the Property to its final location.
c) For the avoidance of doubt, where We provide packing or loading services, We do not accept liability for any Property loaded into the Pod by You or Your Agent until we take the Pod into our custody as set out under paragraph 19)a)i.
d) Subject to the restrictions set out in this paragraph 19), We shall be liable for identifiable losses, destruction of or 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 or damage to Your Property caused by Our negligence up to a maximum of £40 per Item and £250 per Pod (see Definitions), whichever is less, for any one event or series of connected events.
ii. For the avoidance of doubt, We shall have no liability for loss or damage unless directly caused by our negligence.
iii. It is Your responsibility to arrange insurance to cover the Maximum Replacement Value of Your Property whilst in transit and in storage and We recommend that You do so. We do not give any advice as to the suitability or otherwise of any insurance cover arranged by You.
f) PodProtect – Enhanced Liability Option
i. As an alternative to paragraph 19)e), you may opt for PodProtect. “PodProtect” means an agreement between You and us where We accept an enhanced liability in return for payment of the PodProtect Charges in accordance with the terms of the PodProtect Addendum and this Agreement.
g) 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 employees, representatives or subcontractors.
h) No individual employed or engaged by Us will be separately liable to You for any loss or damage under the terms of this Agreement.
i) Exclusions of liability
i. You agree that We will not be liable for any loss or damage to any Excluded Item(s) (see paragraph 12)c)) or loss or damage to other Property caused by Excluded Item(s).
ii. If You or Your Agent have been fully or partially responsible for loading the Pod:
1. We accept no liability for loss or damage to any Property which occurs during transit UNLESS such loss or damage is a direct consequence of collision to or overturning of the conveying Vehicle, or as a result of theft following forcible entry to the Pod;
2. We accept no liability for breaking, scratching, denting, chipping, staining, tearing and the like as a result of inadequate packaging; and
3. It is Your responsibility to pack or stack Your Property in the Pod properly and securely.
iii. Where the lost or damaged item is part of a pair or set, Our liability, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set or any undamaged part of a pair or set.
iv. We accept no liability for the following:
1. Mysterious disappearance or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to Your Pod;
2. Loss or damage caused by the act or omission of You or Your Agent including but not limited to any failure to secure the Pod the conduct of You or Your Agent in the Pod or at the Storage Facility, the loading or unloading of Property into or from the Pod;
3. Loss or damage to glass, crystal, crockery and other fragile items; items with any glass element, and other fragile items (This restriction is amended if You opt for PodProtect);
4. Loss or damage to any Property in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us;
5. Soft furnishings such as but not limited to 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 depreciation resulting from damage or subsequent repair or restoration;
8. Loss of data records, other than the cost of blank data materials;
9. Electrical, electronic or mechanical derangement, except where this results directly from external physical damage caused 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 in respect of the Property, or any business loss, including loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, or commercial value in the Property;
13. Damage which results directly from Your Property being moved under Your express instructions against Our advice;
14. Reimbursing You for Our Contract Prices or PodProtect Charges.
15. Any other loss or damage which is not reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it would happen at the time the contract was entered into, or where it is not obvious but We knew that it was a risk because (a) You notified Us in writing prior to Us confirming Our charges; and (b) We agreed in writing to accept liability for this risk before entering into the Agreement.
v. We will not be liable for loss or damage of Your Property caused by:
1. Moth or vermin or similar infestation;
2. Cleaning, repairing or restoring Your Property unless We arranged for the work to be carried out;
3. Loss of structural integrity of furniture 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 or screens of any nature that are not protected by original manufacturer packaging or boxes supplied by easyStorage;
5. Normal wear and tear, natural or gradual deterioration, discoloration and loosening of joints;
6. Inherent or latent defects in the Property;
7. Accidental damage occurring during loading or unloading Your Property except where We handle Your Property;
8. Leakage of liquid from any receptacle or container or thing;
9. Mould, mildew or rust or changes in atmospheric conditions unless proven to be caused by water entering the transit vehicle or container or unit;
10. A cyber attack; and
11. Circumstances beyond Our reasonable control, 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 or chemical weaponry, pressure waves caused by aircraft or any other events outside Our reasonable control.
j) If you are a business customer, all terms implied by sections 13 to 15 of the Consumer Rights Act and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
k) Damage to premises or property other than Property submitted for removal and/or storage;
i. Our liability for loss or damage to premises or property other than Your Property for removal, at the time of collection, return or delivery, is limited as follows:
ii. easyStorage shall not be liable for damage caused as a result of moving Property under your express instruction, against Our team’s advice, where to move Property in the manner instructed is likely to cause damage;
iii. where third party contractors are carrying out work on your premises, easyStorage’s liability shall be limited to making good only the damaged area;
iv. should easyStorage be proved responsible for causing damage to your premises or to property other than Property submitted for removal and/or storage, you must note this on the tablet or booking confirmation prior to Our team leaving your premises.
20) WHERE YOUR PROPERTY IS LOST OR DAMAGED
a) If You have Your own insurance in place to cover loss or damage to Your Property, You must recover Your losses from Your insurers in the first instance.
b) Notwithstanding paragraph 20)a), if You discover loss or damage to Your Property, it is important that You 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 and properly investigate.
c) You must notify Us in writing and provide a detailed description of any loss or damage to Your Property in any event within seven (7) days of:
i. delivery of Your Property to its destination; or
ii. Completion of Our professional unpacking service.
d) If You access Your Property while stored by Us or on Our behalf, any loss or damage to Your Property You discover which has occurred during transit into store must be confirmed to Us immediately upon discovery, and confirmed in writing as soon as possible thereafter, but no later than seven (7) days after discovery.
e) If You or Your authorised representative collects Your Property from storage, You must inspect the Property at the time it is handed to You or Your Agent and notify Us immediately of any loss or damage and in writing as soon 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 Your Property is removed from Our custody.
f) We will not be liable for any loss of or damage to Property unless You notify Us of such loss or damage within the time limits specified above. In exceptional circumstances, We may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of delivery or collection.
g) We may make such enquiries as necessary to investigate the loss or damage to Property and You agree to co-operate with Us and Our insurers in Our enquiries, and to provide any additional relevant information without delay where We request this. Please retain any damaged Property until We have had a reasonable opportunity to inspect (if necessary) any damage.
h) On receipt of notice of loss or damage to 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. The following information will be required:
i. Your name and contact details;
ii. Estimates for repairs or replacement;
iii. As many details as possible about the loss or damage, including proof of purchase, photographs of any damage and also any damaged item(s) in their entirety.
i) The settlement of any claim for loss or damage shall be either: replacement, repair, cleaning or compensation at Ours and Our insurer’s option, subject to the liability limit set out in paragraph 19)e) or PodProtect, where applicable. We reserve the right to collect any damaged items as salvage where the full current market value of any Property is issued in settlement of Your claim.
j) If You do not receive a response from Us within a reasonable time, You may contact Our claims settling agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
k) 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:
i. reject the claim;
ii. where applicable, cancel or void the PodProtect Addendum without refund of PodProtect Charges; and
iii. recover from You any costs We have incurred in dealing with Your claim.
21) 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 result of your use of the Service or any breach by you of this Agreement.
22) OWNERSHIP OF RIGHTS
All rights, including copyright, in the Site, this Agreement and the Service are owned by or licensed to easyStorage.
23) RIGHT TO CANCEL – “COOLING OFF PERIOD”
a) Each request for the Service by you shall constitute a separate contract between you and easyStorage on these terms and conditions.
b) Subject to paragraph 23)c) below, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with easyStorage. If you wish to cancel within the 14 calendar days you must notify easyStorage in accordance with paragraph 27).
c) You acknowledge that you will lose your right to cancel under paragraph 24)a) if you request easyStorage to collect Your Property in accordance with paragraph 9) before the period of 14 calendar days elapses.
i. In the event you cancel within the 14 day cooling off period without giving two clear working days notice, an administrative fee of £49 and a charge of £100 per van for the van/fuel/manual labour for the first 10 miles will be levied. Anything additional milage covered will be charged at £6 per mile, per van.
d) Should you return any Packaging Materials during the cooling off period you will be responsible for arranging and paying for them to be returned.
e) If you withdraw an offer to enter into a contract with easyStorage prior to acceptance of the contract by us, or, if you cancel a contract under paragraphs 23)b) or 23)c) above, any ancillary contracts are automatically terminated, without any costs to you, other than any costs incurred where paragraphs 23)c) or 23)d) above apply.
24) TERMINATION
a) subject to paragraph 23), you may terminate this Agreement at any other time by requesting in writing the return of Your Property and paying any outstanding charges due to easyStorage. See paragraph 15) for charges.
b) easyStorage may terminate this Agreement with 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 this Agreement.
c) easyStorage may terminate this Agreement for any reason by giving you not less than 28 days written notice.
d) Upon termination of this Agreement for any reason you must contact easyStorage promptly to arrange for re-delivery of Your Property.
e) If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of Your Property, then easyStorage may dispose of Your Property accordance with the provisions of paragraph 16).
25) REFERRAL POLICY
a) The easyStorage referral policy allows you to earn credit to your easyStorage account by referring friends to easyStorage.
b) When you receive a referral code from easyStorage either by email or via the Site or the App, you may share the referral code with your friends in person, through the Site, Twitter, Facebook, Instagram or by email.
c) You may not post your referral code on voucher 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 you can claim for is 10. This may be extended by written agreement from easyStorage.
f) You agree that by sharing the referral code through the Site or the App your friend will be provided with your name and email address.
g) If:
i. a referee uses the referral code when using the Service for the first time; and
ii. such friend does not cancel the Service within the cancellation period for such Service, easyStorage shall credit the sum agreed for that referral to your easyStorage account.
h) You acknowledge that a referred friend may only use one referral code.
i) The customer referral policy is not open to easyStorage staff or ambassadors.
j) In the event of any disputes regarding any referral credit the decision of easyStorage is absolute and final. easyStorage reserves the right to revoke any credit that has been deemed improperly acquired.
k) Referral rewards be they cash, token or credit against an account, will only be valid if the referral was made at the time 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 obligations under this Agreement without easyStorage’s prior written consent.
b) This Agreement shall be binding on your personal representatives, successors and permitted assigns.
c) easyStorage shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
d) easyStorage may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation, packing and storage), but such sub-contracting shall not relieve easyStorage of any liability under this Agreement.
27) NOTICES
a) Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
i. if to easyStorage — to its head office address or email address as stated for the time being on the Site;
ii. if to you — to the billing address or email address for you which you registered with easyStorage or which you last notified to easyStorage.
b) Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
28) GENERAL
a) This Agreement together with the details provided in your order constitute the whole agreement and understanding between you and easyStorage relating to the Service and/or the purchasing of easyStorage Packing Materials.
b) You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in this Agreement.
c) The failure of easyStorage to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
d) If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
e) This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
f) This Agreement is governed by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
29) PROMOTIONAL CODES
a) easyStorage promotional codes allow you to receive a discount on your order, either as a percentage or an absolute monetary amount.
b) You may not post your promotional code on voucher websites, affiliate marketing schemes or other 3rd party websites.
c) You may not create fake accounts, split your bookings with the intention of exploiting a promotional code or otherwise engage in attempts at forgery or fraud.
d) You may not use multiple promotional codes on a single order.
30) PACKAGING REQUIREMENTS
a) What We will accept:
i. Any of Our easyStorage Packing Materials;
ii. Standard boxes (either Our easyStorage boxes or any double-walled cardboard box up to maximum weight being 25kg);
iii. Suitcase, bags, and sport bags and musical instruments in hard cases (maximum weight being 25kg)
iv. Bicycles, skis, snowboards
v. Printers, TVs and other electrical equipment within original packaging including polystyrene interior (maximum weight being 25kg)
vi. Furniture, other outsize items or any single item that is 100kg or more in weight, including but not limited to pianos and exercise equipment, must be agreed to in writing. Additional charges may apply.
b) What We will not accept:
i. Any item that is longer than 2250mm or does not fit into a Storage Pod; or
ii. any items containing liquids, chemicals or food.
iii. Pianos
c) Please call Us if you have items outside this range as We may be able to help.
d) In terms of outer packing, We will not be liable for anything not packaged as per the “What We will accept” list in paragraph 30)a) above.
31) IF THERE IS A PROBLEM WITH THE SERVICE
If you have any questions or complaints about Our Service, please contact us. You can telephone Our customer service team at 018955 41323 or write to Us at info@easystorage.com or easyStorage, Unit 23, Uxbridge, Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB.
32) HOW WE MAY USE YOUR PERSONAL INFORMATION
a) How We will use your personal information. We will use the personal information you provide to us:
i. to supply the Service to you;
ii. to process your payment for the Service; and
iii. if you agreed to this during the order process, to give your information about similar services that We provide, but you may stop receiving this at any time by contacting us.
iv. only if you agreed to this during the order process (and in accordance with Our privacy policy), give your personal information to other third parties for the purposes of marketing different products and/or services.
b) We will only give your personal information 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 a consumer. If there is a dispute arising from this Agreement which cannot be resolved, subject to the agreement of both parties, either you or We may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings.
PodProtect Addendum
Please take the time to read the detailed terms in the table below. In particular, We draw Your attention to ‘Exclusions – what PodProtect does not provide for’ as this includes terms where We limit or exclude Our liability to You in certain circumstances.
Note: “PodProtect” means an agreement to accept an enhanced liability for loss or damage to Your Property as described in this Addendum. PodProtect is not a contract of insurance. We are not an insurance company, nor are We acting as Your agent. We shall not arrange insurance 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.
PodProtect 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 opt for PodProtect.
PodProtect - What do I receive?
· In return for payment of the PodProtect Charges, We agree to accept an enhanced liability for loss or damage to Your Property and paragraph 19)e) of Our Terms and Conditions will not apply.
· Instead, We accept liability for any direct physical loss or damage 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 lost or damaged (whichever is less), taking into account any Proportional Reduction, and subject to certain exclusions (see ‘Exclusions – what PodProtect does not provide for’).
· Our liability to You under PodProtect 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 (as defined in Our Terms and Conditions), whichever is the smaller sum.
· 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 PodProtect
Our liability in relation to Your Property under PodProtect shall be that of a reasonably careful person under like circumstances. We shall not be liable for any loss or destruction of or damage or deterioration to Your Property, however caused, while Your Property remains under Our care, custody or control, unless such loss, damage, destruction or deterioration resulted from Our failure to exercise such care in relation to Your Property 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.
PodProtect - Your Responsibility
To opt for PodProtect, it is Your responsibility to:
· provide Us with Your Maximum Replacement Value to indicate You wish to opt for PodProtect; and
· notify Us in writing of any change to the Maximum Replacement Value prior to Your Property being made ready for collection. If You do not notify Us otherwise, We will assume that the Maximum Replacement Value last provided to Us in writing is accurate.
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 the actual value of Your Property either lost or damaged if this is less than the Maximum Replacement Value).
Proportional Reduction
If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property 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 total Replacement Value (“Proportional Reduction”).
(For example: if the total replacement value of Your Property 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 Your Property 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 paragraph 19)i) of Our Terms and Conditions. Please read these exclusions and limitations carefully – they apply whether or not You opt for PodProtect.
· There may also be circumstances where Excluded Items (paragraph 12)c)) are moved or stored by Us without Our knowledge. Where You submit Excluded Items for removal and/or storage in breach of this Agreement, You agree that You will bear the risk of any loss or damage to such Excluded Items and any connected consequential losses incurred by You or Us (paragraph 12)d)).
Exclusions – what PodProtect does not provide for
Our liability for loss or damage to the following Property is restricted:
· We will not be liable for any loss of or damage to china, crystal, crockery, glassware and other fragile items (“Fragile Items“) where they have not been both professionally packed and unpacked by Us or Our Subcontractor (“Owner Packed”) unless as a result of collision 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 Fragile Items, in the event of an accident involving an Owner Packed Item where damage would have occurred irrespective of the quality of the packing, then Our maximum liability is limited to £100 for the entire contents of the Item or the actual value of the damaged Property (taking into account the Property‘s age and 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 list of the contents is disclosed to and agreed by Us prior to the commence of Our Services.
· For the avoidance of doubt, the liability limitations noted above relate to the entire contents of the Item (as defined in our Terms and Conditions) or the actual value of the damaged Property (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 or exclude Our liability for loss or damage to Your Property. We do this because it 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). We exclude liability for Fragile Items not packed by Us as this type of Property is not suitable for storage with Us.
We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that PodProtect is not a contract of insurance and You have the option to arrange Your own insurance separately.
Our Agreement
Our standard Terms and Conditions also apply in full to this Agreement, save for, if You opt for PodProtect: (a) Our agreement to accept a higher limit of liability as described above (so, the limit in paragraph 19)e) is replaced by the Maximum Replacement Value taking into account and Proportional Reduction); and (b) Our agreement to accept a nominal liability for Loss or Damage to Owner Packed and Fragile Items (so the exclusions noted under paragraphs 19)i)iv)3 and 19)i)iv)4 are modified).
PodProtect Charges
Additional charges may apply for PodProtect where the actual Maximum Replacement Value exceeds £25,000. We may also choose not to accept a higher limit of liability under PodProtect where the Maximum Replacement Value exceeds £25,000.
We will tell You whether We can accept a higher limit of liability under PodProtect and what additional charges may apply when You provide Us with Your Maximum Replacement Value. Unless and until We agree on any additional charges payable, You will not be able to benefit from PodProtect.
Failure to pay PodProtect Charges
If You fail to pay the PodProtect Charges in full on the due date for payment (paragraph 15)), You will not benefit from the higher limit of liability that We offer under PodProtect and Our liability to You will, instead, be in accordance with paragraph 19)e) of Our Terms and Conditions (i.e. maximum of £40 per Item or £250 per Pod, whichever the lesser). At Our sole discretion, We may choose to reinstate PodProtect on payment of any overdue or outstanding PodProtect Charges, unless any loss or damage to Your Property has already occurred prior to payment of such charges.
Termination /Cancellation
· You have the right to cancel PodProtect by giving Us written notice prior to the services commencing. You may not cancel PodProtect once services have commenced, except where Your Property is being placed into storage for more than one (1) month, in which case, You must give Us notice in writing 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 Unit 23, Uxbridge Trade Park, Cowley Mill Road, Uxbridge, UB8 2DB.
· If You cancel PodProtect prior to the services commencing, We will refund to You all PodProtect Charges paid by You.
· If Your Property is in storage, and You give Us notice to cancel PodProtect prior to removal of Your Property from storage, We will refund to You any PodProtect Charges that You have paid in 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 to benefit from PodProtect and terminate this Addendum at any time by giving You thirty (30) days’ notice in writing, except where it terminates or lapses prior to expiry of the notice period because You failed to make payments in accordance with this Agreement.
· Where We cancel or terminate this Addendum, We will refund to You all PodProtect Charges paid by You in advance in respect of the period after cancellation (e.g. from the date We notify You of cancellation);
· You will have the right to cancel the services (prior to commencement) or storage with immediate effect but subject to paragraphs 23) and 24) of Our Terms and Conditions
PodProtect – Liability Claim Notification Addendum
Where Your Property is lost or damaged
1) If You have Your own insurance in place to cover loss or damage to Your Property, You must recover Your losses from Your insurers in the first instance.
2) Notwithstanding paragraph 1 above, if You discover loss or damage to Your Property, it is important that You 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 and properly investigate.
3) You must notify Us in writing and provide a detailed description of any loss or damage to Your Property in any event within seven (7) days of delivery of Your Property to its destination.
4) If You access Your Property while stored by Us or on Our behalf, any loss or damage to Your Property You discover which has occurred during transit into store must be confirmed to Us immediately upon discovery, and confirmed in writing as soon as possible thereafter, but no later than seven (7) days after discovery.
5) If You or Your authorised representative collects Your Property from storage, You must inspect the Property at the time it is handed to You or Your Agent and notify Us immediately of any loss or damage and in writing as soon 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 Your Property is removed from Our custody.
6) We will not be liable for any loss of or damage to Property unless You notify Us of such loss or damage within the time limit specified above. In exceptional circumstances, We may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of delivery or collection.
7) We may make such enquiries as necessary to investigate the loss or damage to Property and You agree to co-operate with Us and Our insurers in Our enquiries, and to provide any additional relevant information without delay where We request this. Please retain any damaged Property until We have had a reasonable opportunity to inspect (if necessary) any damage.
8) On receipt of notice of loss or damage to 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. The following information will be required:
a. Your name and contact details;
b. Estimates for repairs or replacement;
c. As many details as possible about the loss or damage, including photographs of any damage and also any damaged item(s) in their entirety.
9) The settlement of any claim for loss or damage shall be either: replacement, repair, cleaning or compensation at Ours and Our insurer’s option, subject to the liability limit set out in paragraph 19)e) or PodProtect, where applicable. We reserve the right to collect any damaged items as salvage where the full current market value of any Property is issued in settlement of Your claim.
10) 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.
11) 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:
a. reject the claim;
b. where applicable, cancel or void the PodProtect Addendum without refund of PodProtect Charges; and
c. recover from You any costs We have incurred in dealing with Your claim.
PodProtect – Additional Claim Requirements
Once you have submitted a claim form, the following 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 and replacement;
c. As many details as possible about the loss or damage, including photographs of any damage and also any damaged item(s) in their entirety
