1.1 We operate the website www.spaceways.co.uk ("our site
"). We are Kelly's Self Storage T/A SpaceWays Storage Services Ltd., a company registered in England and Wales under company number 6588011 and with our registered office at Westfield Road, Slyfield Industrial Estate, Guildford GU1 1SB UK ("we
" or "SpaceWays
"). 1.2 These terms and conditions ("Terms
") and Storage Bin rental services ("Rental Services
") detailed on our site to you (the Storage Services and Rental Services together being the "Services
"); and (ii) sell packing materials ("Packing Materials
". 1.3 If you are a consumer then references in these Terms to "you" are to the individual using our site, the Services and ordering Packing Materials for private and non-commercial purposes (as applicable). If you are a business, references in these Terms to "you" are to the business that you have the authority to bind in accordance with section 2. 1.4 Please read these Terms carefully and make sure that you understand them, before ordering any Services or purchasing any Packing Materials. Please note that by ordering any of our Services or Packing Materials, you agree to be bound by these Terms and the other documents expressly referred to in them. 1.5 You should print a copy of these Terms or save them to your computer for future reference. 1.6 We amend these Terms from time to time as set out in section 14. Every time you wish to order Services and Packing Materials, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in July 2016. 1.7 In these Terms: 1.7.1 "Bulky Items
" means items that you store with SpaceWays but are not able to fit in a Storage Bin, further details of which can be found in the Bulky Items section of our site; 1.7.2 "Collection Date
" means, in respect of Rental Services, the date specified in your order for the collection of your rented Storage Bins; 1.7.3 "Customer Account
" means a customer account which has been opened by you through our site in order to purchase Services and/or Packing Materials and is identified by way of an allocated account number generated by us; 1.7.4 "Items
" means Storage Bin Items and/or Bulky Items (as applicable); 1.7.5 "Return Request
" means a request by you for us to return the Items to you from our storage facility in accordance with section 4.1.6; 1.7.6 "Storage Bin Items
" means the items that you store in Storage Bins; 1.7.7 "Storage Bin(s)
" means SpaceWays storage bins; 1.7.8 "VAT
" means Value Added Tax; 1.7.9 a person
includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 1.7.10 a reference to a party includes its successors or permitted assigns; 1.7.11 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 1.7.12 any phrase introduced by the terms including
, in particular
or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and 1.7.13 a reference to writing
2. If you are a Business Customer
This section 2 only applies if you are a business. 2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Services or purchase Packing Materials under an Order. 2.2 The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter. 2.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement. 2.4 Nothing in this section shall exclude liability for either party's fraudulent misrepresentation.
3. The Order Process
3.1 You can make an order for Services and Packing Materials either on our site or by phone. The ordering process is as follows: 3.1.1 you shall either: (a) follow the procedure set out on our site; (b) call us on 0203 095 2035
and follow the instructions of the telephone operator; or (c) email us with your contact information at firstname.lastname@example.org
and we will call you back, in order to make an order for Services and Packing Materials ("Enquiry
"); 3.1.2 during the order process set out at section 3.1.1 above, if you do not already have a Customer Account, you shall provide personal details that will automatically create a Customer Account for you on completion of the Enquiry; 3.1.3 you shall select a password as part of the registration process to open your Customer Account. You must use all reasonable steps to keep your password confidential, and must inform us if you suspect or discover that your password has become known to someone else; 3.1.4 Once we receive your Enquiry, dependent on the complexity of your Enquiry and our available resources at the time of your Enquiry, we will either: (a) send you an Order Confirmation in accordance with section 3.1.5; or (b) prior to sending you an Order Confirmation (if we require further time to assess your Enquiry), confirm our receipt of your Enquiry by sending you an email confirming the information you included in your Enquiry ("Enquiry Confirmation
"). This Agreement will NOT be binding when we issue you with the Enquiry Confirmation; and 3.1.5 once we have assessed your Enquiry and allocated the resources to fulfil it, we will send you an email ("Order Confirmation
")to confirm: (i) that your order has been accepted; and (ii) the specific time and date for performance of the Services and (if applicable) delivery of the Packing Materials (at which point your Enquiry will become an "Order
"). This Agreement together with the Order will become legally binding on you and us when we send you the Order Confirmation and each Order shall incorporate the Terms and shall be a new and separate contract between you and us. However, to the extent that your Enquiry includes Bulky Items, this Agreement and such Enquiry will only become an Order and legally binding in relation to such Bulky Items once the delivery driver has agreed to accept your Bulky Items and such Bulky Items have been loaded onto the delivery vehicle. 3.2 Please note that you may only order Packing Materials as part of an order for Services. See section 11 for terms that apply exclusively to Packing Materials.
4. STORAGE Services
4.1 If part or all of your Order is for Storage Services, the Storage Services shall be performed in accordance with this section 4: 4.1.1 subject to section 4.2, we shall deliver the Storage Bins set out in the Order free of charge at the time and to the address specified in the Order; 4.1.2 if we are unable to access, or there is no one available at, your address when we come to deliver the Storage Bins, we will leave you a note telling you of this, and please note that you may incur an additional surcharge in accordance with Annex A. Please contact us to rearrange delivery. We reserve the right to refuse to re-deliver more than once and cancel your Order with no refund if an initial re-delivery fails through no fault of our own; 4.1.3 you shall pack the Storage Bins with the Storage Bin Items and seal the Storage Bins, each in accordance with sections 4.4, 4.5 and 4.6 below; 4.1.4 we shall collect the Storage Bins containing the Storage Bin Items free of charge, as well as any Bulky Items (subject to our approval, and for which an additional charge may be applicable, please see sections 6.8, 9.7 and Annex A for details), at the time and from the address specified in the Order, and we shall store them for you. Our driver will wait for up to 20 minutes while you pack your Storage Bins; if you do not pack your Storage Bins within 20 minutes, you may incur further charges pursuant to Annex A. If no one is available at your address when we come to collect the Storage Bin Items and/or any Bulky Items, we will leave you a note telling you of this. Please contact us to rearrange collection; 4.1.5 Please note that only the first collection in respect of an Order is free of charge. If, except through our own fault, we have to return to your specified address to complete the collection, a further collection charge may apply pursuant to Annex A. We reserve the right to refuse to re-collect more than once and cancel your Oder with no refund if an initial re-collection fails through no fault of our own; 4.1.6 we will store your Items until such time as you submit a Return Request through your Customer Account via our site. Please note that if you submit a Return Request for all of the Items in your Order within three months of the Initial Payment Date (as defined in section 9.2.3), you may be charged a higher delivery surcharge in accordance with Annex A. Please see section 9.2.3 for further details; 4.1.7 subject to sections 4.1.8 and 4.2, following receipt of a Return Request, we shall return the Items at the time and to the address specified in such Return Request. If, other than as provided in section 4.1.8 below, a return fails for any reason other than our sole fault, you shall continue to be charged for the Storage Services at the applicable monthly rate and will be obliged to pay an additional surcharge in respect of any subsequent return in accordance with Annex A; 4.1.8 if: a. you have elected an immediate collection of the empty Storage Bins, within 20 minutes of the Storage Bins containing Items being returned to you, you will remove all Items and return the empty Storage Bins to the delivery driver; or b. you have elected a collection for a later date of the empty Storage Bins, you must remove all Items from the Storage Bins and arrange for the Storage Bins to be collected on the date specified in your Return Request, which shall be no later than two weeks from the date of your Return Request; and 4.1.9 where you do not comply with the requirements of section 4.1.8, you will incur an additional charge for any Storage Bins that you have retained, as detailed in Annex A. Once the level of such additional charge exceeds £19 per Storage Bin that you have retained, such Storage Bins will then become your property, and no further attempts will be made to collect them. 4.2 Please note the following with regard to collection, delivery and return of Storage Bins and Items: 4.2.1 we will not deliver or collect Storage Bins and/or Items to or from an address which is not within one of the delivery postcodes specified on our site as updated from time to time, unless we agree to do so in writing. Please check Annex B before ordering the Storage Services; 4.2.2 if you are a consumer, we will only deliver or collect Storage Bins and/or Items from or to your private residential address. If you are a business, we will only deliver or collect Storage Bins and/or Items from or to your office/business address. Deliveries or returns to any other address are subject to our express written approval, such approval to be obtained by you before completing your Order; 4.2.3 if your delivery address has an elevator, we will deliver, collect and/or return Storage Bins and/or Items from or to any level serviced by such elevator, provided that the Storage Bins and/or Items are capable of being transported in such elevator. If your delivery address does not have an elevator, or that elevator does not service the level from or to which the Storage Bins and/or Items are to be delivered or collected, we will deliver, collect or return Storage Bins and/or Items from or to any level up to and including the fourth floor above ground level and down to and including the fourth level below ground level of your delivery address. We may, at the discretion of our delivery driver at the time of delivery/collection/return, either: (a) deliver, collect or return to or from levels higher than the fourth level above ground level or lower than the fourth level below ground level, in which case the additional surcharge at Annex A may apply; or (b) choose to abort such delivery/collection/return; 4.2.4 times given for delivery, collection or return are estimates only and we shall not be liable for any delay in delivery, collection or return; 4.2.5 upon collection or return of the Items, the recipient, or the recipient’s agent or representative, shall sign a confirmation slip ("Confirmation Slip
") as confirmation that the Items have been collected or returned (as applicable); 4.2.6 if it has not been possible to obtain a signed Confirmation Slip the Items will not be returned to you. Any additional costs incurred in relation to the non-return and/or storage of the Items will be charged to you in accordance with section 9; and 4.2.7 any Confirmation Slip obtained by us in respect of return of the Items shall be conclusive as to time and place of return of the Items. 4.3 You shall be responsible for: 4.3.1 ensuring that we and/or our contractors have such access (including free parking facilities) as may be reasonably required to carry out the Storage Services; 4.3.2 ensuring that either you or your authorised representative (as specified in the Order) are present during the delivery, collection and return of the Storage Bins and/or Items; 4.3.3 providing us with your up-to-date contact details in your Customer Account; 4.3.4 ensuring that the Storage Bin Items are securely and safely packed into the Storage Bins, and the Bulky Items are securely and safely protected, so as not to cause any damage or injury to: a. the Items; b. the Storage Bins; c. our property, employees, agents or contractors; and/or d. any other items, property or person; 4.3.5 ensuring that all Storage Bin lids can be shut flat once packed. The delivery or collection driver may refuse to accept a Storage Bin that does not shut flat and/or require you to purchase further Storage Bins; and 4.3.6 ensuring that all Storage Bins are correctly sealed with the tamper-proof seals provided to you upon delivery, in accordance with the instructions provided with such tamper-proof seals, and you may incur further charges pursuant to Annex A for failing to comply with your responsibilities under this section 4.3. 4.4 Other than Bulky Items, all items that you wish us to store must be packed by you into a Storage Bin, and we shall not accept any type of container other than a Storage Bin for such items. We may, in certain circumstances, agree to pack your Items for you either free of charge or for an additional fee. 4.5 Unless otherwise specified on our site or agreed by us in advance in writing, each packed Storage Bin and Bulky Item must not exceed a maximum weight limit of 25 kg. We shall refuse to accept any Storage Bins or Bulky Items that exceed such weight limit. 4.6 If your Order contains Bulky Items, we may provide packaging materials (including Packing Materials) to you and/or pack your Bulky Items for you, such packing materials and/or packing services being either free of charge or for an additional fee.
5. RENTAL SERVICES
5.1 If part or all of your Order is for Rental Services, the Rental Services shall be performed in accordance with this section 5: 5.1.1 subject to section 5.2, we shall deliver the Storage Bins set out in the Order free of charge at the time and to the address specified in the Order; 5.1.2 if no one is available at your address when we come to deliver the Storage Bins and you have not otherwise specified a suitable place for delivery in your Order, we will leave you a note telling you of this. Please contact us to rearrange delivery. We reserve the right to refuse to re-deliver more than once if an initial re-delivery fails through no fault of our own, and note that you may incur an additional delivery surcharge in accordance with Annex A if we agree to make more than one re-delivery; 5.1.3 subject to your compliance with this Agreement, you may use the Storage Bins to store your items, provided that such items are not illegal or potentially harmful to you, us, the Storage Bin(s) and/or any other person or thing; 5.1.4 we shall collect the Storage Bins from you on the Collection Date; 5.1.5 if no one is available at your address when we come to collect the Storage Bins and you have not otherwise specified a suitable place for collection in your Order, we will leave you a note informing you of this. Please contact us to rearrange collection. Please note that in the event of a failed collection other than for any reason attributable solely to us you shall continue to be charged for the Rental Services at the applicable daily rental rate; and 5.1.6 if you arrange a re-collection in accordance with section 5.1.5, and that re-collection fails other than for any reason attributable solely to us, you shall be obliged to pay an additional delivery surcharge in accordance with Annex A and we may cancel the Order. If we elect to cancel the Order in accordance with this section 5.1.6, the Storage Bins that you had sought to return shall become your property and you shall be obliged to pay an additional charge in respect of each Storage Bin in accordance with Annex A. 5.2 Please note the following with regard to delivery and collection of Storage Bins: 5.2.1 we will not deliver or collect Storage Bins to or from an address which is not within one of the delivery postcodes specified on our site as updated from time to time, unless we agree to do so in writing. Please check Annex B before ordering the Rental Services; 5.2.2 if you are a consumer, we will only deliver or collect Storage Bins to or from your private residential address. If you are a business, we will only deliver or collect Storage Bins to or from your office/business address. Deliveries or collections to or from any other address are subject to our express written approval; and 5.2.3 times given for delivery and collection are estimates only and we shall not be liable for any delay in delivery, collection or return. 5.3 You shall be responsible for: 5.3.1 ensuring that we and/or our contractors have such access (including free parking facilities) as may be reasonably required to carry out the Rental Services; 5.3.2 ensuring that either you or your authorised representative (as specified in the Order) are either present during the delivery and collection of the Storage Bins or specify a suitable place for delivery and/or collection in your Order; and 5.3.3 providing us with your up-to-date contact details in your Customer Account.
6. The Items
This section 6 only applies if your Order is for Storage Services. 6.1 You shall ensure that, throughout the term of this Agreement, the Items are and shall remain your property, or that you have the permission and authority of the person who owns the Items to use the Storage Services in relation to the Items. 6.2 You shall ensure that all taxes and duties have been paid on the Items and you shall reimburse us against all duties and taxes that we may be required to pay in respect of the Items. 6.3 You shall be responsible for any breach of Customs regulations relating to the Items and you shall be responsible to us for any losses we suffer relating to any actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of this section. 6.4 We reserve the right to refuse to collect, store or deliver any Items in our sole and absolute discretion if we believe that: 6.4.1 the Items (or the packing thereof) do not conform with the requirements of this Agreement; or 6.4.2 the safety or security of any person or property would be put at risk by doing so. 6.5 The Items must not include any of the following: 6.5.1 any item with a value of over £100 (unless: (a) we have expressly agreed to accept a higher level of liability, in which case you may store any Item otherwise compliant with this Agreement up to the value of such higher level of liability; or (b) you are willing to accept all liability for such item to the extent that its value exceeds £100); 6.5.2 antiques; 6.5.3 fine art or fine wine; 6.5.4 items containing or made of glass; 6.5.5 food or perishable items; 6.5.6 any living creature; 6.5.7 weapons, arms or ammunition; 6.5.8 any item which emits fumes, smell or odour; 6.5.9 bullion (gold-silver), jewellery, currency, ivory, precious metals or stones; 6.5.10 illegal substances or items illegally obtained (including any drugs); 6.5.11 combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents; 6.5.12 chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature; 6.5.13 any other toxic, flammable or hazardous items; 6.5.14 dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; or 6.5.15 any other items, the possession, transport or storage of which contravene in any way the laws of the United Kingdom or any other applicable regulations. 6.6 We or any of our contractors may open any Storages Bins and their contents at any time if: 6.6.1 we reasonably believe that they contain any of the items listed at section 6.5; 6.6.2 we are required to do so by any law, court order or competent authority, including the police or fire services; 6.6.3 it is necessary to do so to prevent damage or injury to persons or property; and/or 6.6.4 we reasonably believe that inappropriate packing materials have been used to package the Items. 6.7 Where Items are in breach of section 6.5: 6.7.1 we shall be entitled to open, return, pass to any law enforcement authority or government agency (including the police and fire service), or by court order, destroy or otherwise dispose of the Items as we (in our absolute discretion) see fit and we shall have no liability to you in respect of such Items; and 6.7.2 you shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand. 6.8 Our acceptance of Bulky Items is at our absolute discretion at the time of collection, is subject to the storage rules for Bulky Items as set out on our site and may be subject to additional charges as set out in Annex A. If we elect not to accept a Bulky Item, your Order will still be valid to the extent that it contains other Bulky Items that are accepted by the delivery driver and/or packed Storage Bins that are compliant with this Agreement.
7. Restrictions on your use of the Services
7.1 You must not: 7.1.1 use the Services or our site except as expressly permitted by this Agreement; 7.1.2 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose; 7.1.3 disrupt, damage or interfere with the Services, the Storage Bins or our site in any way; or 7.1.4 offer in any manner, sub-license or re-sell the Services, use of or access to the Services, to a third party, for any reason whatsoever without our prior written consent.
8. Risk and Insurance
8.1 Subject to sections 4.1.9, 5.1.5 and 5.1.6 above (additional charges for holding on to Storage Bins over allotted time frame), the Storage Bins are our property, and shall be used by you only for the purpose of using the Services in accordance with this Agreement and any Order. Nothing in this Agreement, nor any representation made by any of our representatives, will have the effect of transferring ownership of any Storage Bin to you or any other third party. 8.2 Risk in the Items shall remain with you at all times. In respect of Rental Services only, risk in the rented Storage Bins shall pass to you from the time that such Storage Bins are either: (a) delivered personally to you/your authorised representative; or (b) left in the delivery place specified in your Order (as applicable). Risk in such Storage Bins shall return to us when such Storage Bins are collected by us on the Collection Date or such other date as agreed between you and us in writing. 8.3 In the case of Storage Services only, unless we have expressly agreed to accept a higher level of liability, we will only be liable for each Storage Bin containing Storage Bin Items or item of Bulky Items up to a maximum of £100, such amount to cover liability in respect of: 8.3.1 collection of the Items from the address specified in the Order and transportation of the Items to our storage facility; 8.3.2 storage of the Items at our storage facility; and 8.3.3 returning the Items to the address specified in your Return Request. 8.4 Unless we have expressly agreed to accept a higher level of liability, we will not offer additional liability cover to that provided in section 8.3 above, and it is your sole responsibility to insure your Items over and above the level of liability agreed pursuant to section 8.3.
9. Payment and Charges for Services
9.1 The charges for the Services are set out in the Order Confirmation. If, on arrival of the delivery or collection driver pursuant to your Order, you elect to use more or less Storage Bins than the number specified in your Order, the charges will be amended accordingly and an email confirming the same will be sent to you within a reasonable period following such delivery or collection. 9.2 In respect of the Storage Services, your use of the Storage Services is on a rolling monthly basis, with charges for the Storage Services payable by Paypal, debit or credit card in advance as follows: 9.2.1 charges for the first month’s storage will be payable at the earlier of: (i) the date on which your Storage Bins and Bulky Items, having been collected pursuant to an Order, are received at our storage facility; or (ii) if such Storage Bins and Bulky Items are not received at our storage facility within two weeks of an Order, the date two weeks after the date on which such Storage Bins were delivered to you, such date being the "Initial Payment Date
"; 9.2.2 charges for subsequent months' storage will be payable monthly in advance following the Initial Payment Date; and 9.2.3 charges for storage for the month in which we return the Items to you will be payable in full when you submit a Return Request. Please note that if you submit a Return Request within three months of the Initial Payment Date ("Early Return Request
"), you may incur an additional charge in accordance with Annex A ("Early Return Charge
"). However, if you submit another Order in respect of an equal or greater number of Storage Bins and/or Bulky Items within two weeks of your Early Return Request, then the amount of the Early Return Charge will be credited to your Customer Account within 10 days of such Order. 9.3 We also offer a long-term commitment discount for Storage Service customers, which operates in the same way as the price plan set out at section 9.2, except that by committing to use the Services for a set period of time ("Initial Commitment
") you receive a fee reduction. However, if you submit a Return Request prior to the expiry of the Initial Commitment, you shall be charged for the entire Initial Commitment as if you had chosen the standard price plan at section 9.2. 9.4 In respect of the Rental Services, charges for the full duration of the Rental Services from delivery of the Storage Bins to you until the Collection Date are payable by Paypal, debit or credit card in advance. 9.5 Please note that all payments made by you to us under this Agreement will be processed by our ultimate holding company, Digital Services XVII S.à r.l., 5, Heienhaff 1736 Senningerberg, Luxembourg. 9.6 All charges are inclusive of VAT. If the rate of VAT changes, we may adjust the VAT you pay on the charges, such adjustment becoming effective as from the effective date of the change in the rate of VAT. 9.7 We may review and amend our monthly charges for Storage Services from time to time, with such amended charges 9.7.1 taking effect immediately in respect of new Orders; and 9.7.2 being notified to you by email to the email address specified in your following monthly bill in respect of existing Orders, and taking effect from that monthly bill. If you do not agree to any amended charges you may terminate this Agreement within such 14 day period. 9.8 In addition to the charges specified in this section 9, we may charge reasonable additional charges if any of the events set out in Annex A to this Agreement take place. The applicable additional charges in respect of these events are also detailed in Annex A to this Agreement. 9.9 You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
10. Failure to Pay the Charges for the Services
10.1 In respect of Storage Services only, in the event that you do not promptly pay all sums (including interest) owing from you to us when payable ("Debt
"), we are relieved of any duty howsoever arising in respect of the Items, which continue to be held solely at your risk, and we shall immediately exercise a lien over the Items for the Debt until payment of the Debt in full has been received by us ("Lien
"). 10.2 After we exercise the Lien in accordance with section 10.1: 10.2.1 you shall pay us fees and charges at the same rates as under these Terms and, if the Agreement has been terminated, the relevant rate at which such fees and charges will be payable by you shall be the rate which was payable immediately prior to termination; and 10.2.2 in default of the prompt payment of the Debt, you authorise us: 10.2.2.1 to access the Storage Bins and inspect the Items; and 10.2.2.2 to hold onto and/or ultimately dispose of some or all of the Items in accordance with section 10.3; 10.3 In the event that the Debt in respect of the Storage Services is not paid within 30 days after its due date for payment, the following shall apply: 10.3.1 we may sell the Items and transfer all ownership to the Items to the purchaser of the Items; 10.3.2 before we sell the Items, we shall give you notice in writing (provided in accordance with section 21) of the amount of the Debt at the date of the notice and that if the Debt is not settled within 10 days of such notice, we will sell the Items; 10.3.3 we may use the proceeds of sale to pay first the costs incurred by us in selling the Items, secondly in paying the Debt, and to hold any balance for you (with no interest accruing to you on the balance), such balance (if any) to be returned to you within 30 days of the sale of the Items. If, having made reasonable efforts to contact you, we have not been able to return the balance to you, we will hold such balance for a maximum of six years, after which we shall retain such balance and you shall not be entitled to claim it; 10.3.4 if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Debt, you must pay any balance outstanding to us within seven days of a written demand from us, which shall set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on the Debt until payment has been made; 10.3.5 we may sell the Items by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale; 10.3.6 if the Items cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite our efforts, you authorise us to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost; and 10.3.7 you will pay our reasonable costs incurred in administering the Debt collection and sale process described in this section 10.3. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time. 10.4 Without limiting any of our other rights or remedies, if you fail to pay any of the charges due to us by you under this Agreement (including in respect of Packing Materials) within 15 days of their due date for payment, such outstanding amounts shall incur interest at a rate of 3% above the base rate of Barclays Bank plc in the United Kingdom from time to time, calculated from the date that payment became due up to and including the date that payment is made of both the outstanding amounts and any interest accrued thereon.
11. Packing Materials
11.1 The images of the Packing Materials on our site are for illustrative purposes only. Your Packing Materials may vary slightly from those images. 11.2 Delivery of the Packing Materials is free of charge, and they will be delivered together with the Storage Bins in your Order. If no one is available at your address to take delivery, and you have not specified an appropriate place to leave your Packing Materials in your Order, we will leave you a note that the Packing Materials have been returned to our premises, in which case, please contact us to rearrange delivery. 11.3 The Packing Materials will be your responsibility from delivery, but you will only own the Packing Materials once we have received payment in full, including all applicable delivery charges. 11.4 Payment for the Packing Materials is in advance using the payment methods permitted under sections 9.2 and 9.4. We will charge you for the Packing Materials when we send you the Order Confirmation. 11.5 The prices of the Packing Materials will be as quoted on our site at the time you submit your Order. Prices for our Packing Materials may change from time to time, but changes will not affect any Order you have already placed. 11.6 The price of Packing Materials includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Packing Materials in full before the change in VAT takes effect.
12. Limitation of Liability
12.1 In respect of the Storage Services only: 12.1.1 you acknowledge that we are not aware of the value of the Items, and we recommend that you arrange insurance to cover the Items 12.1.2 you must inspect the Items following the return of the Items from our storage facility and, if you believe that the Items are lost or damaged in any way, you must promptly inform us about such loss or damage as soon as reasonably possible, and we reserve the right to inspect and take pictures of any alleged damage to any Items before you make an insurance claim in relation to such Items; 12.1.3 we shall not be liable to your for any loss, mis-delivery of and/or damage to any Items as a result of: a. any seizure or forfeiture under legal process; b. any act, omission, misstatement or misrepresentation by you or your servants or agents; c. any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Items (even if marked "Fragile"); d. insufficient or improper packing; e. insufficient labelling or addressing; or f. you not taking or accepting delivery within a reasonable time after the Order has been tendered; and 12.1.4 in the event of a claim in respect of an Item, we shall be entitled to require proof of the cost price and the current replacement cost of such Item. 12.2 If you are a consumer: 12.2.1 we only supply the Services and sell the Packing Materials to you for your domestic and private use and you agree not to use the Services and/or the Packing Materials for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; 12.2.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement; and 12.2.3 subject to section 12.4, our total liability in respect of the Items, the Services, the Packing Materials or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage to Items or any other property during collection, storage or return, shall not in any event exceed the lower of: (i)
the cost price of the lost or damaged Items (if applicable); (ii)
the current replacement cost of the Items (if applicable); or (iii)
£100 or, if we have expressly agreed to a higher level of liability, such higher level of liability. 12.3 If you are a business: 12.3.1 subject to section 12.4, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss; 12.3.2 subject to sections 12.3.1 and 12.4 our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of: (i) £100 or, if we have expressly agreed to a higher level of liability, such higher level of liability; or (ii) 100% of the charges payable under the Order; and 12.3.3 you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Services or the Packing Materials or your breach of this Agreement. 12.4 Nothing in these Terms excludes or limits our liability for: 12.4.1 death or personal injury caused by our negligence; 12.4.2 fraud or fraudulent misrepresentation; or 12.4.3 any other liability that cannot be excluded by law. 12.5 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services and/or the Packing Materials are suitable for your purposes. 12.6 This section 12 shall survive termination of the Agreement.
13. How we use your Personal Information
14. Our Right to vary these Terms
14.1 We may revise these Terms from time to time. 14.2 Every time you place an Enquiry, the Terms in force at that time will apply to any corresponding Order.
15. Right to Cancel and Complaints
15.1 You have the legal right to cancel part or all of your Order, and request a refund if you have already made a payment to us, within 14 working days of the date of the Order or, in respect of the Packing Materials only, at any point from the date of the Order until 14 days after you receive the Packing Materials. 15.2 Please note that: 15.2.1 cancellation by you of an entire Order will terminate this Agreement but will not constitute a closure of your Customer Account, which shall continue until closed in accordance with section 17.1; and 15.2.2 cancellation by you of part of an Order will not terminate this Agreement, which shall continue in full force and effect in respect of the part of the Order that has not been cancelled in accordance with this section 15. 15.3 If you wish to cancel in accordance with section 15.1 you must clearly inform us of your intention to cancel using the contact details at section 15.8. 15.4 If you are entitled to a refund, we shall pay the refund to you within either: (i) 14 days after the day on which we are informed about your decision to cancel your Order; or (ii) in respect of Packing Materials only and where you have already received such Packing Materials, 14 days after we receive the Packing Materials back from you in accordance with section 15.6.1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 15.5 With regard to the Services, you will not receive a refund in respect of any proportion of the Services that have been performed prior to you informing us of your intention to cancel. In addition, you will not be refunded any delivery charges over and above our standard delivery. 15.6 With regard to the Packing Materials: 15.6.1 if you have already received the Packing Materials, you must send the Packing Materials back to us at the address set out at section 15.8, without undue delay and in any event not later than 14 days from the day on which you notify us that of the cancellation of the Order. You are responsible for the costs of returning the Packing Materials. We recommend that you return the Packing Materials using Royal Mail's Signed For service and obtain proof of delivery; and 15.6.2 please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Packing Materials, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. In addition, you will not be refunded any delivery charges over and above our standard delivery. 15.7 Whilst we believe that you will be very happy with the Services and the Packing Materials, if you are not satisfied with the Services and/or the Packing Materials please contact us immediately in order that we may address your concerns. In particular, please contact us to resolve any issues before executing a chargeback through your bank. 15.8 Our contact details are: Email: email@example.com Telephone: 020 3095 2035 Office location: Westfield Road Slyfield Industrial Estate Guildford Surrey GU1 1SB, UK
16.1 You shall: 16.1.1 ensure that the information you include in your Enquiry is complete and accurate; and 16.1.2 ensure that you only purchase Services if you are at least 18 years old. 16.2 We shall provide the Services with reasonable care and skill and ensure that any Packing Materials that you order are of a satisfactory quality and delivered in accordance with the terms of this Agreement.
17.1 You may terminate this Agreement by either: (i) submitting a Collection Request or Return Request (as applicable) in respect of all outstanding Services under your Order; (ii) closing your Customer Account either through the process outlined on our site or by a clear statement made to us using the contact details at section 15.8; or (iii) exercising your cancellation right in respect of your entire Order in accordance with section 15. 17.2 We may terminate this Agreement and/or your Customer Account with immediate effect by notice in writing to you if: 17.2.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or 17.2.2 you are in breach of any term of this Agreement. 17.3 We may terminate this Agreement and/or your Customer Account for any reason by giving you not less than 30 days' written notice.
18. Consequences of Termination
18.1 Upon termination of this Agreement for any reason: 18.1.1 You must contact us promptly to arrange for return of the Items or collection of Storage Bins (as applicable). If within 30 days following termination of this Agreement for any reason you fail to arrange for such return/collection, then either: (i) in respect of Storage Services, we may dispose of the Items in accordance with the provisions of section 10.3; or (ii) in respect of Rental Services, such Storage Bins will then become your property, no further attempts will be made to collect them and you shall be obliged to pay an additional charge in accordance with Annex A; 18.1.2 you shall immediately pay to us all of our outstanding unpaid invoices and interest; 18.1.3 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and 18.1.4 sections which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 19 shall survive termination of this Agreement.
20. Events Outside our Control
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services or any of our other obligations under this Agreement, that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below. 20.2 An "Event Outside Our Control
" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure. 20.3 If an Event Outside Our Control takes place that affects the performance of the Services or any of our other obligations under this Agreement: 20.3.1 we will contact you as soon as reasonably possible to notify you; 20.3.2 we shall not be liable to you as a result of any delay or failure to perform the Services or any other obligation of our under this Agreement as a result of an Event Outside Our Control; and 20.3.3 we shall use reasonable endeavours to minimise any disruption to the Services.
21.1 Notices to you 21.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post. 21.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing. 21.2 Notices to us 21.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail at firstname.lastname@example.org
. 21.2.2 Our address for service of notices shall be our address set out in these Terms. 21.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient. 21.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account.
22. Assignment and Sub-Contracting
22.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent. 22.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
23. Other Important Terms
23.1 All intellectual property rights in or arising out of or in connection with the Services and/or Packing Materials shall, as between you and us, be owned by us. 23.2 These Terms are only available in the English language. 23.3 If any of these Terms conflict with any terms of an Order, the Order will take priority. 23.4 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. 23.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect. 23.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 23.7 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill and Packing Materials not of a satisfactory quality. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights. 23.8 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Services and/or Packing Materials and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim. 23.9 If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
Annex A – Additional Charges
In addition to the monthly charges specified in section 9 above, we may charge the following reasonable additional charges, if any event listed in this Annex A occurs. The events listed in this Annex A are non-exhaustive, and other additional charges may be payable where notified to you in an Order. See our site for further information.
||Additional Charge (GBP)
||Your Order includes Bulky Items
||Please see our site for a list of charges for Bulky Items. Prices for Bulky Items not featured on our site are available on request and will be determined on a case by case basis.
||You request that delivery, collection or return of the Storage Bins and/or Items takes place outside of our standard working hours (10:00 – 20:00, Monday to Friday excluding bank holidays).
||Price on request
||You cancel an Order with us with less than one business day notice before that delivery, collection or return (as applicable) was due to take place.
||Either: (i) we, our carriers or our contractors are unable to access the address specified in the Order or Return Request (or neither you nor your authorised representative is available at such address) for the purposes of delivering, collecting or returning Storage Bins and/or Items, such lack of access leading to a delay of at least 20 minutes measured from the driver's first attempt to access the address; (ii) delivery, collection or return of the Storage Bins and/or Items takes over 20 minutes after the arrival of our delivery driver at your delivery address other than through the sole fault of us, our carriers or our contractors; (iii) otherwise than as provided above, and in respect of Storage Services only, either: (a) we agree to a recollection for any reason other than our own fault; or (b) we agree to make a second return for any reason other than our own fault; or (iv) otherwise than as provided above, and in respect of Rental Services only, we agree to a second re-delivery for any other reasons than our own fault.
||£19 surcharge and, in respect of (i) and (ii) only, abortion of delivery, collection or return attempt.
||In respect of Storage Services, we have agreed to your request to deliver or collect Storage Bins and/or Items from or to an address which is on a level which is not serviced by an elevator and is either higher than the fourth level above ground level or lower than the fourth level below ground level.
||Either: (i) £20 per level higher than the fourth level above ground level; or (ii) £20 per level lower than the fourth level below ground level.
||Your bank or payment card issuer fails to authorise or process any payment due from you to us pursuant to this Agreement
||In respect of Rental Services, either: (i) there is a failed re-collection for any other reason than our sole fault; or (ii) the Agreement is terminated for whatever reason and you fail to arrange for collection of any Storage Bins in your possession within 30 days of such termination.
||£19 per Storage Bin and the Storage Bin(s) will become your property and no further attempt will be made to collect them.
||You return a Storage Bin to us in an unclean condition (i.e. not in the same condition as it was originally delivered to you by us, as judged by us in our absolute discretion) or unusable condition (as judged by us in our absolute discretion).
||£5 per unclean Storage Bin; £19 per unusable Storage Bin.
||In respect of Storage Services, you submit a Return Request within three months of the Initial Payment Date
||£30 delivery surcharge.
||Either: (i) in respect of Storage Services, a collection fails through no fault of our own; or (ii) in respect of Rental Services, a collection/re-collection (as applicable) fails through no fault of our own.
||£0.50 per Storage Bin per day until a successful collection is made. Once the accumulated daily charge reaches £19 per Storage Bin, the Storage Bin(s) will become your property and no further attempt will be made to collect them.
Annex B – Postcodes
SpaceWays serves the following postcodes: E1, E2, E3, E4, E5, E6, E7, E8, E9, E10, E11, E12, E13, E14, E15, E16, E17, E18, E20, EC1A, EC1M, EC1N, EC1P, EC1R, EC1V, EC1Y, EC2A, EC2M, EC2N, EC2P, EC2R, EC2V, EC2Y, EC3A, EC3M, EC3N, EC3P, EC3R, EC3V, EC4A, EC4M, EC4N, EC4P, EC4R, EC4V, EC4Y, N1, N2, N3, N4, N5, N6, N7, N8, N9, N10, N11, N12, N13, N14, N15, N16, N17, N18, N19, N20, N21, N22, NW1, NW2, NW3, NW4, NW5, NW6, NW7, NW8, NW9, NW10, NW11, SE1, SE2, SE3, SE4, SE5, SE6, SE7, SE8, SE9, SE10, SE11, SE12, SE13, SE14, SE15, SE16, SE17, SE18, SE19, SE20, SE21, SE22, SE2, SE24, SE25, SE26, SE27, SE28, SW1, SW2, SW3, SW4, SW5, SW6, SW7, SW8, SW9, SW10, SW11, SW12, SW13, SW14, SW15, SW16, SW17, SW18, SW19, SW20, W1, W2, W3, W4, W5, W6, W7, W8, W9, W10, W11, W12, W13, W14, WC1A, WC1B, WC1E, WC1H, WC1N, WC1R, WC1V, WC1X, WC2A, WC2B, WC2E, WC2H, WC2N, WC2R, AL2, BR1, BR2, BR3, BR4, BR5, BR6, BR7, BR8, CM14, CM16, CR0, CR2, CR3, CR4, CR5, CR6, CR7, CR8, DA1, DA2, DA4, DA5, DA6, DA7, DA8, DA14, DA15, DA16, DA17, DA18, EN1, EN2, EN3, EN4, EN5, EN6, EN7, EN8, EN9, HA0, HA1, HA2, HA3, HA4, HA5, HA6, HA7, HA8, HA9, IG1, IG2, IG3, IG4, IG5, IG6, IG7, IG8, IG9, IG10, IG11, KT1, KT2, KT3, KT4, KT5, KT6, KT7, KT8, KT9, KT10, KT11, KT12, KT13, KT17, KT18, KT19, KT20, KT21, KT22, RM1, RM2, RM3, RM4, RM5, RM6, RM7, RM8, RM9, RM10, RM11, RM12, RM13, RM14, RM15, SL0, SM1, SM2, SM3, SM4, SM5, SM6, SM7, TN14, TN15, TN16, TW1, TW2, TW3, TW4, TW5, TW7, TW8, TW9, TW10, TW11, TW12, TW13, TW14, TW15, TW16, TW17, TW18, TW19, TW20, UB1, UB2, UB3, UB4, UB5, UB6, UB7, UB8, UB10, UB11, UB18, WD1, WD2, WD3, WD4, WD5, WD6, WD7, WD17, WD18, WD19, WD23, WD24, WD25, WD99.