uStore-it Dalston - Terms & Conditions
STORAGE ROOM RENTAL AND SERVICE AGREEMENT – GENERAL TERMS AND CONDITIONS
ZUZON SELF STORAGE LTD, trading as uStore-it Dalston (hereinafter known as uStore-it), without prejudice to other activities that it may undertake now or in the future, either on its own or through subsidiaries or franchise companies, is currently dedicated to the commercial exploitation of space rental in general, and especially the rental of storage rooms or storage units and mini-warehouses in any of the cities where it operates. Its end customers are private individuals and companies with space requirements. The use of the services or the contracting of products or services that uStore-it provides to its customers implies the acceptance of the following general conditions.
1. Acceptance and availability of the General Terms and Conditions of Business
By accepting these terms and conditions, you declare:
– that you are a person of legal age (or with sufficient representation in the case of legal persons) and with the capacity to contract,
– that you have read and accept these general terms and conditions in their entirety. These terms and conditions regulate the legal relationship arising from the contracting process between the user-CLIENTS (hereinafter referred to as the CLIENT) and uStore-it. The CLIENTS accept the General Terms and Conditions from the moment they use or contract the service. This document can be printed and stored by the CLIENTS. uStore-it makes the telephone number +44 7307 112898 available to CLIENTS so that they can ask any questions about the General Terms and Conditions.
2. Applicable regulations
These General Conditions shall be governed by English Law and any dispute or claim will be decided by the Courts of England and Wales.
It is understood that these General Conditions are of a commercial nature, therefore deriving a “sui generis” relationship, atypical and unnamed, of provision of services, without in any case the present contract can be considered a deposit or any other figure with which analogies can be found.
3. Object of the contract
The object of this contract is the rental of a physically delimited space called a storage unit or box for a specific period of time. The storage unit is defined as the individual space made available to the CLIENT, under the conditions set out in this contract.
A) USE
The CLIENT, by means of this contract, and provided that the agreed economic conditions are met, is provided with a storage unit, from among the types of storage units offered, which is used for the storage of various movable goods, provided that they are not expressly prohibited in these General Conditions.
The CLIENT shall inspect the contracted storage unit before using it, it being understood that said storage unit is in optimum condition for use, unless the CLIENT states otherwise prior to using it.
The CLIENT shall have the specific keys for the contracted storage unit, and therefore the CLIENT shall be responsible for their use and custody.
The CLIENT is responsible for the handling, storage and deposit of the goods that he/she wishes to store in the contracted storage unit. uStore-it is therefore exonerated from any kind of liability arising from the insertion and removal of movable goods and from any damage to property that may be caused, both to uStore-it and to third parties, unless there has been fraud, fault or negligence on the part of uStore-it.
The CLIENT is responsible for the ownership of the goods he/she deposits and uStore-it shall have no liability whatsoever in this respect. The CLIENT is liable for the costs of repairing and cleaning the storage unit and common areas of uStore-it, in the event of damage or littering.
uStore-it shall not be liable for any loss or damage suffered by the CLIENT as a result of an act of God or force majeure that prevents the CLIENT from fulfilling all or part of its obligations under this contract, provided that such an event is duly proven.
uStore-it reserves the right to change the location of the contracted storage unit for justified and urgent reasons. The removal of the goods shall be carried out by the CLIENT, unless uStore-it is unable to notify the CLIENT of this circumstance with sufficient notice due to urgent and justified reasons.
B) ACCESS
The CLIENT shall have access to the contracted storage unit during the hours established by uStore-it.
The CLIENT shall have free access to the common areas and free access as determined by uStore-it.
The CLIENT may access the contracted storage unit: 1) by himself; 2) by a person expressly authorized by him (having to inform uStore-it in writing (any means, including telematic), with at least ONE calendar day’s notice, the full name and ID of the authorized person); 3) with those persons who physically accompany the CLIENT to the contracted storage unit;
uStore-it reserves the right to require identification of the CLIENT or persons authorised by the CLIENT.
Without the consent of the CLIENT, uStore-it may only access the storage units in case of urgent need, or if the CLIENT is storing prohibited goods, or if he is in breach of this contract, or if uStore-it is required to do so by any governmental entity.
In the event that repairs or maintenance is required on the storage unit contracted by the CLIENT, and these are not considered urgent, uStore-it will give SEVEN (7) calendar days’ notice to the CLIENT.
The CLIENT must return, in the same condition in which it was received, any material provided by uStore-it for loading and unloading operations, immediately upon completion of these operations, and may not store it in any case inside the storage unit. If the CLIENT fails to comply with this obligation, uStore-it may charge a penalty equal to the amount of the price of the material provided (including VAT).
C) REMOVAL
At the end of the contractual relationship, the CLIENT must leave the contracted storage unit free, empty and at uStore-it’s disposal.
The goods must be removed by the CLIENT in such a way that they do not cause damage to the module or to the common access areas. In the event that the goods are not removed from the storage room contracted by the CLIENT in due time and form, the goods in said module will be considered abandoned, in accordance with article 610 and concordant articles of the Civil Code, it being understood that this conduct and act of the CLIENT translates into his willingness to renounce the rights he had over the goods, and they will be considered abandoned goods, being suitable for occupation. In this case, uStore-it may dispose of the abandoned goods as it sees fit, in accordance with the provisions of this contract. The CLIENT authorizes uStore-it to either:
(i) to proceed with the sale of the goods to third parties, either directly or by contracting a specialized company. The profits from the sale will be used first to cover the costs incurred by uStore-it in the collection and cleaning of the storage room and the sale of the goods, then to cover the CLIENT’s outstanding debts to uStore-it under this contract and, finally, if there is any remaining balance, it will be made available to the CLIENT, without any interest accruing.
(ii) to deliver the goods to any non-profit organization or social interest organization (e.g. ONG’s) that uStore-it may determine, so that the goods may be used as it sees fit.
If the goods are offered to at least two (2) entities with the characteristics described in point (ii) and are not accepted by any of them or, in the case of opting for the sale of the goods under point (i), uStore-it is unable to sell them, the CLIENT authorizes uStore-it to proceed to give them whatever destination it deems appropriate, including their destruction or transfer to a landfill, at the expense and cost of the CLIENT, who waives any claim to be credited with the destination given to the goods.
If, after the sale of the goods, the amount owed to uStore-it is not recovered, uStore-it reserves the right to claim the remainder, plus interest at the legal rate.
In any of the above cases, uStore-it may charge the CLIENT for the cost of collection, cleaning and sale, destruction or transfer of the goods, which will be at least three hundred euros (€300), and this cost may be increased depending on the volume and items abandoned by the CLIENT. The deadline for the eviction of the storage unit shall be FIFTEEN [15] calendar days from the date of notification of the termination of the contract or, alternatively, until the last day set for the total eviction of the storage unit.
All of the above without prejudice to the provisions of the clauses six and seven, regarding eviction in relation to the termination of this contract for non-fulfilment.
D) ABSOLUTE PROHIBITIONS FOR THE CLIENT
- Any perishable and semi-perishable products
- Trade goods prohibited by laws and regulations (stagnant goods, stolen goods or goods originating from any illegal act against private property).
- Chemical products, gases, explosives, toxic, inflammable and/or asbestos.
- Animals, whether dead or alive
- Weapons or ammunition
- Illegal substances or illegally obtained goods.
Prohibited activities: It is strictly forbidden:
- The use of the storage unit to perform any mechanical or other work on the ship or its storage unit,
- Hanging anything from the walls, ceiling, floor and door of the storage unit.
- Make any modifications to the storage unit
- Causing any damage to the storage unit or allowing any odours to be emitted from the storage unit
- Cause any obstruction in the building
Other uses: It is strictly forbidden to use the storage unit, either permanently, occasionally or on a one-off basis, among others:
- As a dwelling or residence,
- As a business or tax address, or as an address for notification purposes. In this respect, uStore-it will refuse to receive any communication or correspondence.
E) RELATIVE PROHIBITIONS FOR THE CLIENT
It is forbidden to store high-value goods in the storage unit, such as jewellery, money, precious stones, securities, shares or bonds, art objects listed on the art market, objects of incalculable value or others of similar consideration, among others.
In any case, the CLIENT exonerates uStore-it and the insurance company from any liability arising from any incident, incident or dispute that may arise due to the storage of such goods and therefore waives any claim arising therefrom, being at its own risk the deposit of such goods, unless there had been fraud, fault or negligence of uStore-it.
The insurance provided by uStore-it is compulsory when contracting the service and its amount is included in the price of the storage room or box. If the CLIENT wishes, he/she can take out a higher insurance policy than the standard one, payable monthly. It is the responsibility of the CLIENT to take out the best insurance for the storage of their belongings.
The insurance policy must be taken out with uStore-it for the entire duration of the contract, subject to prior assessment and approval of the risk by uStore-it, to cover any possible contingencies that may arise for persons and things, including the property. This insurance obligation does not limit the liability of the CLIENT for damages caused by fault or negligence.
F) OTHER SERVICES
uStore-it may provide the following services to the CLIENT upon request:
- Removal service, receipt of goods on the CLIENT´s behalf.
- Van rental service. uStore-it may offer its CLIENTS the use of vans to transport the goods to be deposited or removed from its storage units. uStore-it offers a first use of this service free of charge. Should any accident occur during the use of the van or should the CLIENT, third parties or the van suffer any damage or injury, the CLIENT shall be solely responsible, exempting uStore-it from all liability.
- Package collection point
These services will be invoiced separately from the storage unit rental.
4. Deposit
uStore-it may request the CLIENT, before taking possession of the storage room, to pay, as a deposit or guarantee deposit, the amount of one month’s rent to cover any damages that may be caused to the storage room, its architectural elements, services, installations, and/or locks or locking elements, or to the Centre’s installations, as well as to other CLIENTS or their belongings. In any case, the deposit is intended to guarantee the fulfilment of all the obligations assumed by the Client, including the payment of the outstanding monthly payments.
SEVEN (7) days after the end of the Contract, the amount of the deposit will be returned to the Client, in the event that it has been paid in advance, after having verified the state of his storage room, any items such as keys and electronic key fobs have been returned, and provided that there are no liabilities for which the Client is responsible. In the event that there are any outstanding liabilities, the amount will be deducted from the amount of the deposit.
5. Duration of the contract
This contract shall have an initial duration of ONE MONTH. The contract shall be tacitly extended for successive periods of ONE MONTH, at the expiry of the initial term or successive extensions.
However, either party may avoid the extension of the contract provided that it expressly informs the other party in writing at least FIFTEEN (15) calendar days prior to the end of the initial period or the current extension. The tacit extension shall not apply if the CLIENT is not up to date with the payment of the fees or any other obligation, whether monetary or not, contracted with uStore-it.
6. Price, invoicing and method of payment
The price of the service will be determined according to the type, size and location of the storage unit requested and will be payable in advance on the first day of the initial period and each of its extensions.
uStore-it will issue a MONTHLY invoice, coinciding with the beginning of the initial period and the beginning of each of the extensions. The amount is subject to IVA or equivalent tax. The invoice shall be payable on demand.
Payment of each invoice shall preferably be made by credit card or by direct debit to the bank account designated by the CLIENT.
uStore-it incurs additional banking costs for payments made from NON-EU bank accounts/cards. Any additional costs incurred will be charged to the customer.
In the event of the return of the direct debit bill, credit card charge or any delay in payment of FIVE (5) calendar days or more, the CLIENT shall be liable for the payment of any damages incurred as well as any costs and fees incurred by uStore-it in the collection process. In the event that a direct debit bill is returned, the CLIENT will be charged €20.00 plus IVA for each return for any damages incurred.
An email will be sent to the CLIENT by uStore-it after FOURTEEN (14) days as a reminder that the invoice has not been paid.
If the CLIENT does not settle the payment within THIRTY FIVE (35) calendar days after receipt of the invoice by uStore-it, the following process for late payment will be initiated:
The CLIENT understands and expressly accepts that the lack of notice in due time and form implies the automatic extension for a new period of ONE MONTH, with the effects that are inherent to it, especially the payment of the price.
- If after THIRTY FIVE (35) calendar days from the sending of the invoice, the invoice has not been paid by the CLIENT, uStore-it will send an e-mail to the CLIENT stating that if payment is not made within FIVE (5) calendar days, A LATE FEE OF €50 will be charged for late payment of the invoice.
- If after FORTY (40) calendar days after sending the invoice, the invoice has not been paid by the CLIENT, uStore-it will send a second e-mail to the CLIENT stating that LATE FEE has been added to the invoice for non-payment and that the CLIENT will not be able to access the storage unit until the debt is paid.
- If after FORTY FIVE (45) calendar days from the sending of the invoice, the invoice has not been paid by the CLIENT, uStore-it will send a third email to the CLIENT stating that if the invoice is not paid within FIVE (5) calendar days, the CLIENT will receive the first notice that the belongings located in his storage unit will be removed from the storage unit and sold in an attempt to recover the outstanding debts and costs from the CLIENT.
- If after FIFTY (50) calendar days from the sending of the invoice, the invoice has not been paid by the CLIENT, uStore-it will send a fourth email to the CLIENT stating that if the CLIENT does not pay the invoice within FIVE (5) calendar days, he will receive a second and final notice that the belongings located in his storage unit will be evicted from the storage unit and sold in an attempt to recover the outstanding costs and debts from the CLIENT.
- If after FIFTY-FIVE (55) calendar days from the sending of the invoice, the invoice has not been paid by the CLIENT, uStore-it will send a fifth and final e-mail to the CLIENT stating that the belongings located in his storage unit will be removed from the storage unit and sold as stipulated in clause three, letter c) of this contract, and that this contract has been terminated.
The fee may be revised by uStore-it in order to adapt it to market conditions, improvements made to the building and variations in the effective cost of providing the services, without the fee being increased for this reason by more than 20% of the tariff price in force at the time of the revision. In order for the revision to take effect, uStore-it will send the CLIENT at least SEVEN calendar days in advance a written communication, by post or e-mail, which (i) informs the CLIENT of the new prices and the date from which they will take effect, (ii) informs him/her that, if you do not agree to the new prices, you must inform uStore-it before the effective date of the new prices, in which case the same communication will serve as an expression of non-extension of the contract at the end of the current contract period or extension; and, (iii), that if he/she pays the direct debit (bill) for the following period, he/she will be deemed for all purposes to have accepted and consented to the modification of the contract price.
The CLIENT and uStore-it agree that termination of the contract due to expiry of the agreed term shall not give rise to any compensation for either party, except for the settlement of accounts.
In case of breach by the CLIENT of any of the monetary obligations arising from the service provided by uStore-it, the CLIENT’s data may be communicated and incorporated into a file of breach of monetary obligations managed by the UK Self Storage Association. In addition, uStore-it may check and judge the financial solvency of the CLIENT by requesting information from the UK Self Storage Association regarding the CLIENT ‘s credit history and risk positions.
6.1- Authorization to charge the rentals by credit card
If the payment method used is by credit card, the CLIENT AUTHORISES uStore-it to process all payments by credit card for all rentals due.
uStore-it will not keep, nor will it be able to access the CLIENT’s bank details, it will only manage the card collection order with the bank.
7. Termination of the contract
A) FOR TERMINATION OF THE CONTRACT / EARLY TERMINATION
The parties may terminate this contract in advance, provided that they give express written notice to the other party at least FIFTEEN (15) calendar days before the end of the initial period or the current extension. The CLIENT shall pay a penalty for lack of notice or defective notice. This penalty shall consist of the payment of each of the days for which notice was not given.
If the CLIENT decides to move out of the storage unit after having paid the fee for the current month, the CLIENT will not be entitled to a refund for weeks or days not utilised.The storage fee charged is for one month and pro rata refunds will not be permitted.
At the end of the contract, the CLIENT must completely vacate the contracted storage unit, leaving the storage unit in the same conditions as at the beginning of the contractual relationship, empty and clean. Otherwise, uStore-it reserves the right to charge the CLIENT for the costs of emptying and cleaning the storage unit on its behalf.
If, at the end of the contract, the CLIENT has left any belongings in the storage unit, uStore-it understands that the CLIENT renounces to them.
Termination of the contract due to expiry of the agreed period shall not give rise to any type of compensation for any of the parties, without prejudice to the compensation for damages that may be applicable in the event of termination of the contract due to non-fulfilment, in the terms expressed in the following section.
B) FOR NON-FULFILMENT OF THE OBLIGATION TO PAY THE PRICE.
In relation to the provisions of the sixth clause, in the event of non-payment, delay or return of the direct debit bill, without the CLIENT regularizing the situation within a maximum period of FIFTY FIVE (55) calendar days following the remission of the invoice from uStore-it, the contract will be automatically terminated.
8. Privacy and Personal Data Protection.
A) In accordance with current legislation on Personal Data Protection (GDPR), uStore-it informs the CLIENT that the personal data provided for the conclusion of this contract will be incorporated into a file owned by uStore-it in order to maintain the existing business relationship and send commercial information about the services related to the rental of storage rooms and furniture storage offered by uStore-it.
uStore-it guarantees the confidentiality of the information to which it may have access as a result of this contract, an obligation that it will extend to its employees and collaborators. This obligation of confidentiality shall continue to apply even after the termination of the provision of services.
The CLIENT may exercise their rights of access, rectification, cancellation, opposition to the processing of their personal data, or any other right to which they are entitled under the aforementioned regulations, in accordance with the provisions of current legislation on personal data protection, by writing to the offices located at 26-28 Ramsgate Street, Dalston, London, enclosing a photocopy of their Identification.
9. Notifications
All notifications, requirements, requests and other communications to be made by the parties in relation to these General Conditions must be made in writing to the physical or e-mail addresses provided at the beginning of this contract.
Both parties are obliged to expressly communicate in writing any modification or change that may occur in the data provided, within a maximum period of SEVEN calendar days, counted from the moment in which the aforementioned change occurs, and in particular, any change of address, telephone numbers or bank details.
10. Nullity and ineffectiveness of the Clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness will only affect said provision or the part of the same that is null and void or ineffective, with the General Conditions remaining in force in all other respects, and said provision, or the part of the same that is affected, will be considered not to have been included.
11. Intellectual and industrial property
All intellectual and industrial property rights (content of the website and its graphic design, logos and trademarks) are the exclusive property of uStore-it, and it is uStore-it who has the exclusive rights to exploit them. Thus, their reproduction, distribution, public communication and modification, in whole or in part, is prohibited without the prior express authorization of uStore-it. Likewise, all distinctive signs, trademarks, trade names or signs of any kind contained in the website, documents, advertising and any other signs in which uStore-it appears are protected by the laws governing industrial and intellectual property.
12. Jurisdiction
Unless mandatory or necessary jurisdiction exists, any issues arising from this contract between the CLIENT and uStore-it shall be subject to the jurisdiction of the courts and tribunals corresponding to the location of the storage room that is the object of this contract.
