Terms & Conditions of Store Easy Ltd
Key Points
- Payments are due in advance as per agreement.
- Access will be denied and a late fee levied after 2 missed payments
- Insurance – please see Condition 28
- Contact Information – Please see Condition 24
- Termination of agreement, Store Easy Ltd requires 14 days written notice. This written notice must be by registered mail or email. The onus is upon you to prove reasonable doubt that you informed us in writing.
- Vacating unit – please see Condition 39
- Stored Goods not permitted – please see Condition 17 & 18
- Rubbish on site – please see Condition 10
- Lettings are outside of the Landlord and Tenant Act 1954
I acknowledge that I have been provided with reasonable access to the full terms of this Agreement;
I represent that I have read or had the opportunity to read the full terms of this Agreement; and I agree to be bound by all of the terms of this Agreement.
By accessing your unit, you are accepting our terms and conditions.
1. This agreement will come into existence between Store Easy Ltd and you (the customer) once the ID checks have been completed. ID checks must be completed by the named person on the account. For companies, the booking should be completed by a named director who will take on the responsibility for the account and complete the ID checks. Store Easy Ltd will use Companies House to confirm the named director of the company before the account is approved.
2. So long as all fees are paid up to date, You: (a) are licensed to store goods in the unit allocated to you by Store Easy Ltd from time to time and only in that unit; (b) are deemed to have knowledge of the goods in the unit; and (c) warrant that you are the owner of the goods in the unit and/or entitled at law to deal with them in accordance with all aspects of this agreement as agent for the owner.
3. Store Easy Ltd (a) does not have and will not be deemed to have knowledge of the goods; (b) is not a bailee, custodian or warehouseman of the goods and you acknowledge to Store Easy Ltd does not take possession of the goods; (c) does not grant any lease or tenancy of the unit.
4. You are responsible to pay: (a) the storage fees (being the amount set out in the agreement or as most recently notified to you by Store Easy Ltd) Store Easy Ltd will take the first payment at the time of booking and will take subsequent payments in advance on the invoice date for each storage period or other date agreed by you (due date). It is your responsibility to see that payment is made directly to Store Easy Ltd on time and in full throughout the storage period. You can pay using debit card, credit card, direct debit, auto-pay or directly into our bank account using the bank details on the invoice, in which case the designated bank account/bank card will be charged automatically on each due date. For all automatic payment agreements Store Easy Ltd will issue an electronic invoice following payment. For those paying with credit card or debit card you will receive an invoice 10 days prior. Any storage fees paid by direct transfer will not be credited to your account unless you identify the payment clearly as directed by Store Easy Ltd and Store easy Ltd shall have no liability to and shall be indemnified by you if Store Easy Ltd takes steps to enforce the agreement (including sale of goods) due to your failure to identify a payment. Store Easy Ltd will not accept that payment has been made until it has received cleared funds; (b) any costs incurred by Store Easy Ltd in collecting late or unpaid storage fees, or in enforcing this agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; (c)any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this agreement; and (d) the cleaning fee charges for repairs, to be invoiced at Store Easy Ltd discretion as per condition 21. If you make a part payment of any storage fees due to Store Easy Ltd and Store Easy Ltd retain your part payment, this will not affect Store Easy Ltd ability to take any action against you or to exercise any rights Store Easy Ltd has under the agreement in respect of the storage fees which remain outstanding from you. The time period from which Store Easy Ltd may take such action will start from the due date when the original storage fees were due and the due date will not be extended as a result of your part payment. DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS.
5. Store Easy Ltd takes the issue of prompt payment seriously and has a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the goods as security for your obligation to make payments under this agreement. If any sum owing to Store Easy Ltd and other fees related to it are not paid when due (debt), you authorise Store Easy Ltd without further notice to: (a) refuse you and your agents access to the goods, the unit and the facility and overlock the unit until the debt has been paid in full; (b) hold onto and/or ultimately sell or dispose of some or all of the goods in accordance with conditions 9 to 11. You acknowledge that (a) Store Easy Ltd shall be entitled to continue to charge for storage from the date the debt becomes due until the payment is made in full or the goods are sold or disposed of; (b) Store Easy Ltd will sell the goods as if Store Easy Ltd was the owner and will pass all rights of ownership in the goods to the buyer.
6. It is your responsibility to ensure your storage account does not become overdue. If your storage account does become overdue, we would like to reserve the right that the following measures will be taken. To deny access to your storage unit if your account becomes overdue for more than 2 calendar months. To levy a late payment charge of 2% per month, each month your account is overdue. This will be detailed on each following month invoice. To send reminder emails, that range in strength. And if your account remains unpaid to: To issue a Good Removal Notice if your account remains unpaid for a period more than 2 calendar months, to remove your locks and dispose of your goods. Such notice, sent to your most recent supplied contact details, to give 14 days’ notice that such action will occur. To issue court action immediately, thereafter for any remaining balance outstanding
7. On expiry or termination of this agreement, if you fail to remove all goods from the unit, Store Easy Ltd is authorised to treat the goods as abandoned and may sell or dispose of all goods by any means in accordance with condition 9 to 11. You are liable for storage fees for the period from abandonment to the sale or disposal of the goods together with any costs of disposal (debt).
8. Before Store Easy Ltd sells or disposes of the goods, it will give you notice in writing directing you to pay (if you are in default) or collect the goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by you to Store Easy Ltd in writing and by email. If no address within the UK has been provided, Store Easy Ltd will use any land or email address it holds for you and any ACP. If you fail to pay the debt and/or collect the goods (as appropriate) Store Easy Ltd will access the unit and begin the process to sell or dispose of the goods. You consent to and authorise the sale or disposal of all goods without further notice regardless of their nature, content or value. Store Easy Ltd will sell the goods for the best price reasonably available in the open market, taking into account the costs of sale. Store Easy Ltd may also require payment of default action costs, including any costs associated with accessing the unit and disposal or sale of the goods, which shall be added to the debt.
9. Sale proceeds will be applied first against the cost of removal and sale of goods and second to pay the debt. If sale proceeds do not discharge all of these costs and the debt, you must pay Store Easy Ltd within 7 days of a written demand from Store Easy Ltd. Store Easy Ltd may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from you, Store Easy Ltd will hold the balance for you but no interest will be payable on it.
10. If, in the opinion of Store Easy Ltd and entirely at Store Easy Ltd’s discretion, the goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, you authorise Store Easy Ltd to treat the goods as abandoned and FACILTY NAME may dispose of all goods by any means at your cost. Store Easy Ltd may dispose of the goods at Store Easy Ltd’s discretion. In the event that goods may contain personal data belonging to you or others Store Easy Ltd will keep these and hold for collection from the main business office.
11. Any items left unattended in common areas or outside your unit at any time shall be treated as abandoned and may at Store Easy Ltd’s discretion be moved, sold or disposed or immediately with no liability to Store Easy Ltd.
ACCESS:
12. You have the right to access the unit during access hours as posted by Store Easy Ltd and subject to terms of this agreement. Store Easy Ltd will try to provide advance warning of changes to access hours by notice at the facility and/or by email, but reserves the right to change access hours temporarily to other reasonable times without giving prior notice.
13. Store Easy Ltd may refuse you access to the unit where moneys are owing by you to Store Easy Ltd, whether or not a formal demand for payment has been made, or if Store Easy Ltd considers the safety or security of any person, unit or goods on or at the facility has been threatened or may be at risk.
14. You should not leave a key with or permit access to the unit to any person other than your own agent who is responsible to you and subject to your control. If you do so, it is at your own risk.
15. You authorise Store Easy Ltd and its agents and contractors to enter the unit in the following circumstances and to break any lock if reasonably necessary to gain entry; (a) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency; (b) if Store Easy Ltd believes the unit is being used to store prohibited goods or for prohibited purpose; (c) if Store Easy Ltd is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue and Customs, other competent authority or by Court Order; or (d) to exercise Store Easy Ltd’s lien or power of sale or disposal in accordance with this agreement.
CONDITIONS:
16. You will be solely responsible for securing the unit and ensuring it is locked so as to be secure from unauthorised entry at all times when you are not in the Unit. Store Easy Ltd will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Store Easy Ltd’s overlocking position and Store Easy Ltd may have any such padlock or device forcefully cut off at Your expense. Where applicable, you will secure the external gates and/or doors of the Facility.
17. You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol (except for a small amount in an engine), oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 29 for any breach of this Condition 17.
18. You will use the unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the facility or in the unit which may be a nuisance to Store Easy Ltd or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the facility or in the unit which may invalidate or increase premiums under any insurance policies of Store Easy Ltd or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the unit; (e) connect or provide any utilities or services to the unit unless authorised by Store Easy Ltd; (f) cause damage to the unit or any part of the facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the facility.
19. You must maintain the unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the unit or facility, Store Easy Ltd will be entitled to charge a cleaning fee, and/or claim full reimbursement from you of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
20. You must (and ensure that your agents) use reasonable care on site and have respect for the Facility and other unit users, inform Store Easy Ltd of any damage or defect immediately when it is discovered and comply with the reasonable directions of Store Easy Ltd’s employees, agents and contractors and any other regulations or policies for the use, safety and security of the Facility as Store Easy Ltd shall issue periodically.
21. This Agreement does not confer on you any right to exclusive possession of the Unit and Store Easy Ltd reserves the right to relocate you to another unit not smaller than the current unit: (a) by giving 14 days’ notice during which you can elect to terminate this Agreement under Condition 37; or (b) on shorter notice if an incident occurs that requires the unit or section where it is located to be closed or sealed off. In these circumstances, Store Easy Ltd will pay your reasonable costs of removal if approved in writing by Store Easy Ltd before removal. If you do not arrange removal by the date specified in Store Easy Ltd’s notice, then you authorise Store Easy Ltd and its agents to enter the unit and move the goods as your agent on your behalf and at your risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 26). Following removal this agreement will be varied by substitution of the new unit number but otherwise continues on the same terms at the storage rates in force for the original unit at the time of the removal.
22. You must ensure the unit is suitable for the storage of the goods intended to be stored in it and you are advised to inspect the unit before storing goods and periodically during the storage period. Store Easy Ltd makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard. Unit sizes are approximate. If you have exact requirements, you must check with Store Easy Ltd before signing this agreement as, by signing, you agree to the actual size of the unit and not any represented unit size.
23. Store Easy Ltd may refuse storage of any goods or require you to remove goods if in Store Easy Ltd’s opinion storage of such goods creates a risk to the safety of any person or property.
24. You must give notice to the Store Easy Ltd in writing of the change of any contact details on this agreement for you or the ACP within 48 hours of any change. You agree Store Easy Ltd is entitled to discuss any default by you with the ACP registered on the front of this agreement.
RISK AND RESPONSIBILITY:
25. Store Easy Ltd will not be liable for any loss or damages suffered by you as a result of you not being able to access the facility or the unit, regardless of the cause.
26. The goods are stored at your sole risk and responsibility and you shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the goods caused by any reason. Store Easy Ltd excludes all liability in respect of (a) loss or damage to your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to goods or any claim for return of the storage fees except where this results from Store Easy Ltd’s negligence or breach of contract, in which case Store Easy Ltd’s liability will be limited to the sum of £100 in total. Store Easy Ltd does not exclude 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 Store Easy Ltd, its agents and/or employees.
27. It will be your responsibility to compensate Store Easy Ltd for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Store Easy Ltd or third parties (Liabilities) resulting from or incidental to (a) the use of the unit (including but not limited to the ownership or storage of goods in the unit, the goods themselves and/or accessing the facility) or (b) breach of this agreement by you or any of your agents or (c) enforcement terms of this agreement.
28. Despite the fact that our self-storage facilities operate with an extremely high level of security, so your goods are very safe, we do not insure your goods in our storage container units. Therefore, please note that the company is not responsible for uninsured losses. Insurance is available to you as an optional extra, ask a staff member for details. If you cannot afford to lose it, insure it.
29. You agree to comply with this agreement and all laws and regulations relevant to the use of the unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible for all Liabilities resulting from such a breach.
30. If Store Easy Ltd has reason to believe that you are not complying with all relevant laws Store Easy Ltd may take any action it considers necessary, including, but not limited to, action outlined in Conditions 15 and 34, contacting, cooperating with and/or submitting goods to relevant authorities, and/or immediately disposing of or removing goods at your expense. You agree that Store Easy Ltd may take such action at any time even though Store Easy Ltd could have acted earlier.
31. Store Easy Ltd shall not be considered to be in breach of this agreement nor liable for any delay in performing or failure to perform any of its obligations under this agreement or any resulting loss or damage to goods if such delay, failure, loss or damage results from events, circumstances or causes beyond Store Easy Ltd’s reasonable control. Such circumstances include (but are not limited to) any act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard or recommended restrictions, or entry into any unit including the unit or the facility by, or arrest or seizure or confiscation of goods by, competent authorities. If this happens, Store Easy Ltd will not be responsible for failing to allow access to the goods, unit and/or the Facility for so long as the circumstances continue. Store Easy Ltd will try to minimise any effects arising from such circumstances.
PERSONAL INFORMATION
32. Store Easy Ltd collects information about you and any ACP on registration and whilst this agreement continues, including personal data (Data). Store Easy Ltd processes Data in accordance with the General Data Protection Regulation and all associated laws. Details on how Store Easy Ltd uses Data and your rights in relation to Data are set out in Store Easy Ltd’s Privacy Notice which can be viewed on its website. You confirm any ACP has consented to you supplying Data to Store Easy Ltd on these terms.
33. If you give consent, Store Easy Ltd will use Data for feedback purposes, including to provide information on products or services provided by Store Easy Ltd in response to requests from you or if Store Easy Ltd believes they may be of interest. Your choice with regard to the relevant use of Data is indicated in the cover sheet and can be changed at any time by contacting Store Easy Ltd.
COMMUNICATIONS AND NOTICE:
34. Store Easy Ltd can send you notifications regarding day to day matters and minor changes to this agreement by email and/or by SMS if you have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency.
35. Notices to be given by Store Easy Ltd or you for more significant changes to the services and these terms or to enforce rights under this agreement (such as ending the agreement, changing prices, significant disruptions or enforcing Store Easy Ltd’s right to sell or dispose of goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from Store Easy Ltd to you will be sent to the addresses on the cover sheet or the most recent address in England and/or email address notified by you to Store Easy Ltd. In the event of not being able to contact you at the last notified postal or email address, notice will be considered as having been given to you if Store Easy Ltd serves that notice on the ACP as identified on the front of this agreement at the last notified postal or email address of the ACP. Any notice from you must be sent to the Store Easy Ltd by hand or by post to the address on the cover sheet or by email to [[4DTEXT [Facility]EmailAddress]]. In the event that there is more than one storer named on the agreement, notice to or by any single storer is agreed to be sufficient for the purposes of any notice requirement under this agreement.
CANCELLING OR ENDING THE AGREEMENT:
36. If you signed up without coming into the facility, then you have 14 days after Store Easy Ltd confirms acceptance of the order to change your mind (cooling off period). If You cancel during this period a refund will be provided based on the length of storage you have taken prior to cancelling and all goods being removed from the unit. Store Easy Ltd can use any payment made by you to settle some or all of this. You can cancel by email, post or a telephone call to Store Easy Ltd referring to your name, address and date of order.
37. Unless otherwise agreed in writing by both parties, either Store Easy Ltd or you may end this agreement at any time by giving the other party written notice. The date on which the agreement will end (the termination date) must be at least the number of days indicated on the cover sheet. In the event of illegal or environmentally harmful activities on your part or a breach of this agreement (which, if it can be put right, you have failed to put right within 14 days of notice from Store Easy Ltd to do so), Store Easy Ltd may terminate the agreement immediately by notice. Store Easy Ltd is entitled to make a charge for, apportioned storage fees if less than the required notice is given by you. You must remove all goods in the unit before the close of business on the termination date and leave the unit in a clean condition and in a good state of repair to the satisfaction of Store Easy Ltd. In the event that goods and/or rubbish are left in the unit after the termination date, conditions 7 and 19 will apply. You must pay any outstanding storage fees and any other fees or expenses owed to Store Easy Ltd up to the termination date, or conditions 5 to 10 may apply. Any calculation of the outstanding fees will be by Store Easy Ltd. If Store Easy Ltd enters the unit for any reason and there are no goods stored in it, Store Easy Ltd may terminate the agreement without giving advance notice but will send notice to you within 7 days.
38. You agree to examine the goods carefully on removal from the unit and must notify Store Easy Ltd of any loss or damage to the goods as soon as is reasonably possible.
39. On termination of the storage, your container must be left in a clean and tidy condition with the door closed but NOT locked. The lock is yours to keep, any locks kept on the unit will mean the customer is still liable for charges until removed. All reasonable costs of clearance, clearing or repair of the unit are to be paid by you.
40. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of Store Easy Ltd or you that came into effect during the life of the agreement. This includes the right to claim damage for breach of the agreement, liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this agreement.
41. If you leave without settling your bill in full, or you do not inform us of the date that you vacated your unit, then we will charge rent up until the date that we become aware that the unit is vacant and all our costs in tracing and pursuing you for any outstanding sums will be charged to your account. Any overdue account will continue to have 2% per month late payment charge levied upon it.
OTHER IMPORTANT TERMS:
42. Store Easy Ltd may vary the storage fee or other terms of this agreement and add new terms and conditions as long as such changes are notified to you in writing. The modified terms will take effect on the first due date occurring not less than 28 days after the date of Store Easy Ltd’s notice. You may end this agreement without charge before the change takes effect by giving notice in accordance with condition 35. Otherwise, your continued use of the unit will be considered as your acceptance of and agreement to the amended terms.
43. You acknowledge and agree that :(a) the terms of this document constitute the whole agreement with Store Easy Ltd and, in entering this agreement, you do not rely on any statement, promise, representation, assurance or warranty which is not set out in this agreement; (b) any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this agreement or have any contractual force; (c) the terms of this agreement apply to the exclusion of any other terms that you seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) you have raised all queries relevant to your decision to enter this agreement with Store Easy Ltd and Store Easy Ltd has, prior to you entering into this agreement, answered all such queries to your satisfaction; (e) any special terms agreed between you and Store Easy Ltd, been recorded in writing and incorporated into the terms of this agreement; (f) if Store Easy Ltd decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent Store Easy Ltd from deciding to exercise or enforce that right at a later date unless Store Easy Ltd tells you in writing that Store Easy Ltd has waived or given up its ability to do so; (g) it is not intended that anyone other than You and Store Easy Ltd will have any rights under this agreement and accordingly the contracts (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or part-provision of this agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this agreement; (i) You may not assign or transfer any of your rights under this agreement or part with possession of the unit or goods whilst they are in the facility; (j) Store Easy Ltd may transfer its rights under this agreement to another organisation and will let You know if it plans to do this; and (k) where there are two or more joint storers, each person takes on the obligations under this agreement separately.
44. This agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must first try to settle any dispute in connection with this agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation.
45. Lettings are outside of the landlord and Tenant Act 1954
