YOUR ATTENTION IS DRAWN TO CLAUSES 16 (Right to Withhold or Dispose of Goods), 17 (Our Liability if you are a Business) AND 18 (Our Liability if you are a Consumer)
These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any of the Services from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms are dated Dec 2014.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
1.1 We operate the website www.doore2store.com. We are Door2Store.com Ltd, a company registered in England and Wales under company number 08811544 and with our registered office at Crown Yealm House, Pathfields Industrial Estate, South Molton, Devon, EX36 3LH (we/us/our). Our registered office address is also our main trading address.
1.2 To contact us, please see our Contact Us Link on the site.
2.1 We shall:
2.1.1 deliver one or more empty storage boxes and other packing materials to the address specified when you place your order on our web site;
2.1.2 collect the storage boxes packed with your goods from the specified collection address on the collection date chosen by you our web site
2.1.3 transport the storage boxes packed with your goods to our storage facility and store them there until we are requested to return them to you via our web site;
2.1.4 return each storage box packed with your goods to your specified return address on the date chosen by you via our web site.
2.2 If you decide to, or not to use our storage boxes, we will only provide the Services if your goods are packaged in manner that will allow them to be transported safely. Our courier will decide whether or not your goods are suitable for us to transport them to our storage facility. If one of a number of storage boxes is not suitable for transportation, that box will not be collected by the courier, but all other boxes will be collected. By way of example, if you have ten boxes for collection and one box is not suitable for transportation but the other nine are suitable, the courier will collect the other nine boxes and leave the remaining box behind.
2.3 We will not deliver or return storage boxes to an address outside of the UK unless we agree to do so in writing.
2.4 Times given for delivery, return or collection are estimates only and we shall not be liable for any delay in delivery, return or collection.
2.5 Your order will be fulfilled by the estimated times given for delivery, return or collection set out in the Acceptance Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated times given for delivery, return or collection because of an Event Outside Our Control, we will contact you with a revised estimated times for delivery, return or collection (as the case may be).
2.6 If no one is available at your address to take delivery, we will attempt to re-deliver the storage boxes on the next working day. In the event that no one is present when we re-attempt delivery, we will leave you a note that the storage boxes have been returned to our premises, in which case, please contact us to rearrange delivery. In this situation there will be additional charges, which we will notify you of.
2.7 We may cancel or postpone any delivery, return or collection where we consider that it may endanger any employee, agent, contractor or member of public due to, but not limited to, severe weather conditions or if we do not have enough or limited access space to your specified delivery, return or collection address.
2.8 We will not be responsible for:
2.8.1 dismantling or assembling any unit, system or furniture;
2.8.2 disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
2.8.3 packing goods into storage boxes whether provided by us or by you.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase the Services from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Services that are not as described. 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.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you work to use our site to purchase the Services.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 To place an order, you need to click on your requirements on our site and follow the on screen instructions.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms your order has been accepted providing the relevant dates and addresses relating to delivery, collection or return of storage boxes (Acceptance Confirmation). The Contract between us will only be formed when we send you the Acceptance Confirmation.
7.5 If we are unable to provide you with the Services, for example because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
8.1 You will be responsible for:
8.1.1 obtaining and ensuring that we or our courier have such access and parking facilities as may be reasonably required to carry out the Services;
8.1.2 being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the storage boxes;
8.1.3 providing us with your contact details and ensuring that these are accurate and up-to-date;
8.1.4 ensuring that the goods have been securely packed into storage boxes or are otherwise suitably prepared for transport so as not to cause damage or injury or the likelihood of damage or injury to our property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
8.1.5 informing us within two working days of any damage to the goods or your property that occurred during a delivery, collection or return service.
9.1 Storage boxes may be supplied by us or may be provided by you.
9.2 You may provide your own storage boxes, provided that you have completed informed us of the sizes by email. Storage boxes which you provide must be in good condition, sturdy and suitable for transport and storage of the goods.
9.3 No storage boxes, whether supplied by us or by you, should exceed the maximum weight limit of 20kg.
9.4 Storage boxes greater than 15kg in weight should be clearly marked as heavy and due care should be exercised in handling such storage boxes.
9.5 We, or our delivery partner, may refuse to collect any storage box supplied by you or re-deliver, at your cost, any storage box supplied by you, if it considers that the storage box does not comply with the requirements in this clause 9 or that the goods have not been securely packed in accordance with clause 8.1.4.
10.1 You warrant that the goods are your own property or that you have the right and authority to store the goods in accordance with this Agreement.
10.2 We do not warrant that the storage facility used by us is a suitable place or means of storage for any particular goods.
10.3 The goods must not include and you must not store any of the following in the storage boxes:
10.3.1 perishable goods;
10.3.2 birds, fish, animals or any other living creature;
10.3.3 arms or ammunition;
10.3.4 any item which emits fumes, smell or odour;
10.3.5 any drugs, illegal substances or goods illegally obtained;
10.3.6 combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents;
10.3.7 chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature;
10.3.8 any other toxic, flammable or hazardous goods; and
10.3.9 any other items, the possession or storage of which contravene in any way the laws of the United Kingdom or any other applicable regulations.
10.4 We or our contractor may at any time without notifying you open any storage boxes to inspect the goods:
10.4.1 if we reasonably believes that they may contain any items described in clause 10.3;
10.4.2 if we are required to do so by the police, fire services, local authority or by court order;
10.4.3 where we consider it necessary in an emergency or to prevent injury or damage to persons or property; and
10.4.4 where we consider it necessary if there is excess weight or inappropriate packing materials used by you.
10.5 We may refuse to store any goods, or may return to you any goods, at your cost, at any time, if, in our reasonable opinion, the storage, or continued storage, of the goods would represent a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
OUR RIGHT TO VARY THESE TERMS
11.1 We may revise these Terms from time to time.
11.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
11.3 Whenever we revise these Terms in accordance with this clause 11, we will keep you informed via our site and give you notice of this by stating that these Terms have been amended and the relevant date at the beginning of these Terms.
YOUR RIGHT OF CANCELLATION AND REFUND
12.1 Before we begin to provide the Services, you may cancel an order for Services at any time before the start date for the Services (which shall be the date of delivery or collection in the Acceptance Confirmation, whichever is the earlier) by contacting us in accordance with clause 12.5. We will confirm your cancellation in writing (email) to you.
12.2 If you cancel an order under clause 12.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
12.3 However, if you cancel an order for Services under clause 12.1 and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
12.4 Once we have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving us written notice if:
12.4.1 we break this contract in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing;
12.4.2 we go into liquidation or a receiver or an administrator is appointed over our assets;
12.4.3 we change these Terms under clause 11 to your material disadvantage; or
12.4.4 we are affected by an Event Outside Our Control for a continuous period of 14 days.
12.5 To cancel a Contract, please e-mail us at Bill@dorr2store.com to tell us. You may wish to keep a copy of your cancellation notification for your own records. Your email cancellation is effective from the date you send us the e-mail.
13.1 Our charges are dependent on the number of storage boxes, their size and the length of time we store the storage boxes for you.
13.2 We will charge you for the boxes and term you book them, but this will not stop you from requesting your storage boxes back before the end of the period booked. All payments under the contract plus return costs will be collected before return of your boxes.
13.3 Our charges for our service will be stated clearly when you place an order into the 'basket' and again when you 'checkout'.
13.4 If you are a consumer, all of our charges include, boxes, bubble wrap, tape supply of the packaging to the UK address of your choice, collection and storage inclusive of VAT.
13.5 If you are a business, all of our charges include, boxes, to the address of your choice, collection and storage with no VAT.
13.6 Delivery of the storage boxes, collection and storage are all included in the charges quoted in your 'basket'.
13.7 We will return your goods via our 24 hour courier. You will be charged separately for this and the minimum charge will be £9.80 plus £2 per box on the same consignment.. If the charge is greater than the above we shall let you know by email.
13.8 Charges are payable as follows:
13.8.1 charges for us to send you empty storage boxes and packing materials will be payable when you place an order on the site;
13.8.2 charges for the first month's storage, whether the storage boxes are provided by you or by us, and any charges for a higher level of insurance cover which you choose to purchase under clause 15.2, will be payable when you place an order on the site;
13.8.3 charges for subsequent months' storage, and any charges for a higher level of insurance you choose to purchase under clause 15.2, will be payable monthly on the same date that your storage boxes are collected;
13.8.4 charges for storage, and any higher level of insurance cover you choose to purchase under clause 15.2, for the month in which we return the storage boxes to you will be payable in full when you arrange for your storage boxes to be returned.
13.8.5 Charges for collection of replacement boxes will be at the same rates as a new order less any storage cost already covered
13.9 If you add additional storage boxes to those already in storage at our storage facility:
13.9.1 The agreed charges for the storage boxes already in storage will continue to apply to those storage boxes; and
13.9.2 The monthly charges for storage, and any charges for a higher level of insurance cover which you choose to purchase under clause 15.2, in relation to the additional storage boxes will be calculated on the basis of the total number of storage boxes that will be in storage.
13.10 If you request the return of all or any of the storage boxes before the end of the specified minimum period, you may store the same number of replacement storage boxes at our storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement storage boxes will be covered at the same level of insurance cover as those storage boxes which they replace. Charges for:
13.10.1 collection of your replacement storage boxes; and
13.10.2 returning your replacement storage boxes to your specified return address, will apply as set out in clause 13.8 above.
13.11 We may review the monthly charges from time to time. If we increase the standard monthly rates for the charges:
13.11.1 for all new orders, the new standard rates will take immediate effect; and
13.11.2 for existing customers, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement in accordance with clause 21.1.
HOW TO PAY
14.1 You can only pay for Services using a debit card, credit card or PayPal, provided your method of payment is accepted by PayPal who process our payments.
14.2 Payment for the Services shall be monthly in advance. We will charge your debit card, credit card or PayPal account when we organise to deliver or collect the storage boxes (whichever is earlier).
15.1 We will insure each storage box up to a maximum of £100 to cover:
15.1.1 transporting of the storage boxes to our storage facility;
15.1.2 storage of the storage box at our storage facility; and
15.1.3 returning each storage box to your specified return address.
15.2 You may choose to purchase a higher level of insurance cover for a monthly fee at our standard rates for the time being in force as detailed on our site.
15.3 If you choose to purchase a higher level of insurance cover in accordance with clause 15.2, the monthly fee for such higher insurance cover will be as notified to you when you place the order on our site.
15.4 This cover is for “loss of box” only.
RIGHT TO WITHHOLD OR DISPOSE OF GOODS
16.1 If you do not pay the charges or any other payments due under this Contract, we shall have the right to withhold and ultimately dispose of some or all of the goods in accordance with this clause 16. You will be responsible for all storage charges and other associated costs reasonably incurred by us while withholding or disposing of the goods.
16.2 We will provide you with 28 days written notice requiring you to pay all amounts due and to contact us to arrange for re-delivery of the storage boxes. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, we may dispose of some or all of the goods by sale, gift to charity, or otherwise.
16.3 If in our reasonable opinion the goods cannot be sold for a reasonable price or at all (for any reason) or despite our reasonable efforts they remain unsold, you authorise us to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
16.4 You shall be responsible for all costs reasonably incurred by us in relation to the disposal of the goods. If we receive money on disposal of the goods the net proceeds of sale will be credited to your account and we will pay any excess to you without interest, less our administrative charge of £40.
16.5 If, after having made all reasonable efforts to do so, we are unable to return any excess to you, including having given not less than 90 days’ written notice to you in accordance with clause 20, we may retain any such excess for our own account.
16.6 If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under the Contract and the costs of sale, you must pay any balance outstanding to us within seven days of a written demand from us.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.
17.1 We only supply the Services for use by your business, and you agree not to license, sell or offer in any manner, to a third party, the Services for any commercial gain or otherwise, unless we agree this with you in writing.
17.2 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1 any loss of profits, sales, business, or revenue;
17.3.2 loss or corruption of data, information or software;
17.3.3 loss of business opportunity;
17.3.4 loss of anticipated savings;
17.3.5 loss of goodwill; or
17.3.6 any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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 Contract.
18.2 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
18.3 You agree not to use the Services 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.
EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to 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, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our estimated times for delivery, return or collection of storage boxes, we will arrange new times with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN YOU AND US
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
Clauses 20.2 and 20.3 only apply if you are a consumer
20.2 If you are a consumer and you wish to contact us in writing for any other reason (other than for cancellation, which must be in accordance with clause 12), you can send this to us by e-mail to Bill@Door2Store.com.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
Clause 20.4 only applies if you are a business
20.4 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
20.5 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
20.6 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20.7 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21.1 You may terminate this Contract at any time by requesting the return of your storage boxes packed with your goods and paying any outstanding charges due to us.
21.2 We may terminate this Contract with immediate effect by notice in writing to you, if:
21.2.1 you fail to pay any amount due by the date due; or
21.2.2 you are in breach of any term of this Contract.
21.3 We may terminate this Agreement for any reason by giving you not less than 30 days written notice.
21.4 Upon termination of this Contract for any reason you must contact us promptly to arrange for re-delivery of the storage boxes.
21.5 If within 30 days following termination of this Contract for any reason you fail to arrange for re-delivery of the Storage Boxes, then we may dispose of the goods in accordance with the provisions of clause 16.
OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This contract 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.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the provision of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, a Contract 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.
22.8 If you are a business, 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 a Contract or its subject matter or formation (including non-contractual disputes or claims).
© Copyright 2013 DOOR 2 STORE. All Rights Reserved. | Website Design by Design Monster
Registered Address: ucanstore.com ltd (Reg: Cardiff, No 05033403 ), Crown Yealm House, Pathfields Business Park, South Molton, EX36 3LH, 01769 574041