1. WHAT THESE TERMS COVER
1.1. These are the terms and conditions on which we supply products to you, whether these are goods, services, equipment hire or digital content.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.
1.3. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1. You are an individual; and
1.3.2. You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are DoorToStore Limited, a company registered in England and Wales. Our company registration number is 11724732 and our registered office is at 11 Farmers View, Luton, LU1 4FQ. Our trading name is “Door To Store”.
2.2. You can contact us by telephoning our customer service team at 0800 043 9302 or by writing to us at firstname.lastname@example.org
2.3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. ACCEPTING OUR TERMS
3.1. Please read these terms and conditions carefully to be sure that you understand them. By ticking the box on our Site that you accept these terms and conditions, you are agreeing to these terms and conditions. Your attention is particularly drawn to clauses 17 (Disclaimer) and clauses 18 to 20 (Liability).
3.2. If you have requested these terms and conditions to be sent to you as a hard copy, you may sign and return a hard copy of these terms and conditions to us. By signing and returning a copy of these terms and conditions you are agreeing to these terms.
3.3. If you are signing and returning a hard copy of these terms and conditions and not placing your order through our Site then you may inform us of what products you are ordering (including any goods and/or services) over the telephone or by email. Where you have made your order over the telephone or by email, all references to making an order through the Site should be amended accordingly.
3.4. You must be at least 18 years old to use the Service. By registering to use the Service, you represent and warrant that you are 18 years of age or older.
4. OUR CONTRACT WITH YOU
4.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you (“you” and “your”) and us with the terms and conditions set out in this Agreement and the order you placed on our Site (or the order placed over the telephone or email if signing a hard copy of these terms and conditions).
4.2. If we are unable to accept your order, we will inform you of this by email and will not charge you for the products or services. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a product or service or because we are unable to meet a delivery deadline you have specified.
4.3. We only sell our goods and provide our services to the United Kingdom (UK). Our Site is solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders from addresses outside the UK unless we agree to do so in writing.
5. DEFINITION OF TERMS
5.1. In these Terms and Conditions, the following words have the following meaning:
- “Associated Companies” means any subsidiary company or holding company and its subsidiaries.
- “Agent” means a Door To Store representative contacted by telephone, email, chat, social media or in person;
- “Agreement” means this agreement entered into by you and Door To Store for the provision of the Services and/or the purchase of Packing Materials on these terms and conditions and the details you provided in your order on the Site.
- “Charges” means our charges from time to time for the hire of Equipment, the provision of Services, and/or the sale of Product to you as specified in this Contract.
- “Contract” means the document or documents that contain these conditions and the other terms and details forming the hire or sales agreement between us and you.
- “Deposit” means any advance payment required by us in relation to hires for the Equipment’s which is to be held as security by us.
- “Equipment” covers all the classes of prefabricated and portable buildings, erectable structures, accessories and ancillary equipment, which are hired by us to you.
- “Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, adverse weather conditions, shortage of carriage or shipping facilities and any other similar events.
- “Goods” means the items which you are storing with Door To Store.
- “Hire Period” means the period commencing and including the date when the Equipment is delivered to or collected by you until the date the Equipment is returned to us or the hire is otherwise terminated by the parties.
- “Hourly Rate” means the hourly charge per Driver(s) and/or Loader(s) for labour as set out on the Site or explained by an Agent.
- “Item” is deemed to be any single article, box, case or suite.
- “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses or liabilities.
- “Minimum Hire Period” means the minimum period of hire, which shall be the period of 4 weeks from the commencement of the Hire Period or such other period as specified in the Contract.
- “Packing Materials” means the packing materials that we sell on our website.
- “Month” means 4 weeks.
- “Order” means the purchase order containing the details of the Contract, whether this order is verbal, written, faxed, emailed or placed online at our website.
- “Packaging Requirements” means Door To Store’s packaging requirements from time to time, as set out in this Agreement.
- “Related Contract” means any contract other than this Contract between you (or your Associated Companies) and us (or our Associated Companies).
- “Services” means the services referred to in clause 9.1.
- “Service Zone” means an area in the United Kingdom within 5 miles radius of the original collection location of the Goods.
- “Site” means Door To Store website at doortostore.co.uk
- “Storage Plan” means the previously agreed amount of storage space required.
- “Storage Pod” means a 35ft2 MobileStore storage pod.
- “Storage Unit” means a HomeStore flat pack storage unit.
- “Writing” includes emails.
- “we/us/our” means Door To Store or any person(s) offering services on its behalf and includes any successors or subsidiaries.
- “you/your” means the person, firm, company or other organisation hiring the Equipment, using the Services and/or purchasing the Products.
The headings shown are for reference only and they do not in any way alter or affect the interpretation of these Conditions.
6. TERMS AND CONDITIONS
6.1. In order to use the Services and/or purchase our Packing Materials, you must agree to these terms and conditions. You may not use the Services and/or purchase our Packing Materials if you do not accept these terms and conditions. Your use of the Services and/or your ordering of any our Packing Materials will be taken as acceptance of these terms and conditions.6.2. We may refuse or may cease to provide the Services and/or our Packing Materials where we consider that the Services and/or provision of our Packing Materials is or may be used in breach of these terms and conditions, or for any unlawful or improper purpose or for any other reason.6.3. We may change these Terms and Conditions from time to time. We will notify you of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to these terms and conditions will come into force on the date stated in the notice which shall not be less than ten days from when notice is given. If you use the Services and/or purchase our Packing Materials after changes to the terms and conditions have come into force, you will be taken to have agreed to the changes. If you do not agree to the changes, then you may terminate this Agreement under clause 23.7.
7. YOUR INFORMATION
7.1. In order to use the Services and/or purchase our Packing Materials, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Services and/or purchasing of our Packing Materials, or as part of your continued use of the Services. You agree that any registration information you give to us, including payment details, will always be accurate, correct and up to date.7.2. We process information about you in accordance with our Privacy and Cookies Policy. By using the Services and/or purchasing our Packing Materials, you consent to this processing.
8. PASSWORD AND SECURITY
8.1. When first signing up to use the Services and/or to purchase our Packing Materials, you will be required to choose a password as part of the registration process. You can log into your account and change your password at any time. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that occur under your account.
8.2. You shall:
8.2.1. keep your username and password strictly confidential and take all reasonable steps to ensure that nobody other than you access’s your account using your username and password; and
8.2.2. promptly notify us if you become aware or suspect that your username and password have become known to someone else.
9.1. In return for the charges payable under this Agreement, as and when requested by you from time to time, we shall provide the following services (Services) to you:
9.1.1. where you request, deliver our Packing Materials to your specified delivery address;
9.1.2. using our MobileStore Storage Pods, collect your Goods suitably prepared for transport, from your specified collection address on the collection date chosen by you on the Site or through an Agent and confirmed by us to you by email;
9.1.3. transport your Goods packed in our Packing Materials or your Goods otherwise suitably prepared for transport to either our storage facility or a third party’s storage facility and store them there. We retain the right to keep your container at any suitable warehouse of our choice, at our convenience; and
9.1.4. return your Goods in our MobileStore Storage Pods to your specified return address (such return address must be in the same Service Area as the original location of collection of your Goods otherwise additional fees may apply) on the date chosen by you on the Site or through an Agent and confirmed by us to you by email.
9.1.5. using our HomeStore flat pack Storage Unit, deliver and assemble a Storage Unit in a suitable location, at your specified delivery address on the delivery date chosen by you on the Site or through an Agent and confirmed by us to you by email. The Storage Unit will remain in its location for the duration of the hire.
9.1.6. return to your specified address, dismantle and collect the Storage Unit on the collection date chosen by you on the Site or through an Agent and confirmed by us to you by email
9.1.7. if you request, assist you with loading and/or unloading and preparing your Goods for transport (charges will apply according to time taken rounded up to the next full hour for each member of staff, and any additional Packing Materials used in the process)
9.2. You agree that the Storage Plan that you requested on the Site or through an Agent has sufficient dimensions to accommodate your Goods, subject to any change to the Storage Plan that may be agreed by us at the time of collection (if possible).
9.3. You agree that if you arrange for a delivery, collection or return on a Saturday, Sunday or Bank Holiday or in a specific time slot on any day, additional fees as set out on the Site from time to time shall be payable.
9.4. Times given by us on the Site or via email or otherwise for delivery, collection or return are estimates only and we shall not be liable for any delay in delivery, collection, or return.
9.5. Quotes regarding pricing given by us on the Site or through an Agent or otherwise for the provision of the Service are estimates only and we reserve the right to charge for the actual cost of providing the Services requested by you on the Site or through an Agent.
9.6. We may cancel or postpone any delivery, collection or return where we consider that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of us having limited access to your specified delivery, collection or return address.
9.7. We will not be responsible for:
9.7.1. dismantling or assembling any unit, system or furniture (including flat pack); or
9.7.2. disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings, or equipment.
9.7.3. any damage caused directly or as a consequence of agreeing to undertake any of the actions laid out in 9.7.1 or 9.7.2 of this agreement.
9.8. We may make additional charges if:
9.8.1. the stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or trailers to load and/or unload within 20 metres of the doorway or we have to pay parking or other fees, fines, emission or congestion charges in order to carry out services on your behalf;
9.8.2. the Storage Plan you have chosen has insufficient volume (calculated with the dimensions set out under the ‘Space Calculator’ on the Site) to accommodate the volume of your Goods and you need more storage (although there can be no guarantee that we will be able to accommodate your additional needs immediately).
10. PURCHASING OF PACKING MATERIALS
10.1. Placing an order for Packing Materials and its acceptance
10.1.1. By ordering Packing Materials on the Site or through an Agent you agree that each order is an offer by you to buy Packing Materials specified in your order subject to the terms and conditions set out in this Agreement.
10.1.2. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
10.1.3. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order for the Packing Materials has been accepted. Our acceptance of your order will take place as described in clause 10.3.
10.1.4. We will confirm our acceptance to you by sending you an email that confirms that the Packing Materials have been dispatched (Dispatch Confirmation).
10.1.5. If we are unable to supply you with the Packing Materials for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Packing Materials, we will refund you the full amount including any delivery costs charged as soon as possible.
10.2. The Packing Materials
10.2.1. The images of the Packing Materials on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Packing Materials. The colour of Packing Materials may vary slightly from those images.
10.2.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements indicated on our Site have a 10% tolerance.
10.2.3. Although we will make every effort to provide you with the Packing Materials as shown on the Site, there may be times when we are temporarily out of stock of the branded Packing Materials and we reserve the right to provide Packing Materials without any branding or with alternative branding under these circumstances.
10.3. Delivery, transfer of risk and title
10.3.1. We will contact you with an estimated delivery date, which will be within two days after the date of our Dispatch Confirmation.
10.3.2. Delivery is complete once the Packing Materials have been unloaded at the address for delivery set out in your order and the Packing Materials will be at your risk from that time.
10.3.3. You own the Packing Materials once we have received payment in full, including of all applicable delivery charges.
10.3.4. If we fail to deliver the Packing Materials, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Packing Materials. However, we will not be liable to the extent that any failure to deliver was caused by a Force Majeure event, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Packing Materials.
10.3.5. If you fail to take delivery within two days after the day on which we notified you that the Packing Materials were ready for delivery, we may resell part of, or all the Packing Materials.
10.4. You may also purchase Packing Materials in person from our staff at the time of the collection of your Goods, or delivery and set up of your storage unit and pay for them directly with our staff at the time. For the avoidance of doubt, our staff will not accept any cash payments and will only take card payments in accordance with clause 14.
11. YOUR RESPONSIBILITIES
11.1. You will be responsible for:
11.1.1. obtaining and ensuring that Door To Store or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
11.1.2. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of your Goods and/or any Packing Materials;
11.1.3. providing us with your contact details (including a working telephone number) and ensuring that these are accurate and up-to-date;
11.1.4. notifying us of any changes regarding your orders two clear working days notice before the:
22.214.171.124. delivery of your Packing Materials; or
126.96.36.199. delivery and installation of your Storage Unit; or
188.8.131.52. dismantling and collection of your Storage Unit; or
184.108.40.206. collection of your Goods using Storage Pods; or
220.127.116.11. return of your Goods in Storage Pods, or
18.104.22.168. where such delivery, collection or return is scheduled Saturday, Sunday or Bank Holidays do not count as working days,
11.1.5. the Goods have been securely packed in accordance with our Packaging Requirements from time to time and are suitably prepared for transport and storage so as not to cause damage or injury or the risk 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. In particular, if the Goods are fragile you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed; and
11.1.6. ensuring that the volume of Goods you require to be collected, loaded and stored by Door To Store fits into the dimensions of the Storage Plan you ordered on the Site or through an Agent. You acknowledge that each Storage Plan is made up of multiple individual Storage Pods or a specific sized Storage Unit (as shown on the Site under the ‘Size Guide’) and therefore no single item of your Goods that you require to be stored can be greater than the dimensions of a single Storage Pod or Storage Unit. For the avoidance of doubt, no single item being stored in a Storage Pod can be longer than 2250mm (ie the height of a single Storage Pod). Any items that do not fit in a Storage Pod may be stored as a loose item and be charged for accordingly on a per item basis; and
11.1.7. ensuring that the weight of the Goods shall not exceed 800 kg per Storage Pod as requested on the Site or through an Agent and calculated in accordance with the ordered Storage Plan;
11.1.8. informing us within seven calendar days of any loss or damage to the Goods or your property that occurred during a delivery, collection or return service. You acknowledge that we will not be responsible for any loss or damage if you fail to inform us within such time period.
11.1.9. obtaining at your own expense, all documents, permits including parking or visitor permits or vouchers or relevant change for the parking metres, permissions, licences, customs documents, and any other documents necessary for the loading or unloading to be completed. This includes reserving a suitable parking place/suspension bay within close proximity of the property for our vehicle/s or trailers.
11.1.10. taking reasonable care of the Storage Unit and keep it properly maintained and only use it for its proper purpose in a safe and correct manner. If the Equipment is returned in damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the Equipment) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire
11.1.11. not to deface or remove any labels or identifying marks from and/or interfere with the Equipment, its working mechanisms, or any other parts of it.
11.1.12. inspecting the Storage Unit on a regular basis and notify us immediately, and in any event within 24 hours, of any loss and/or damage to the Storage Unit. You shall also notify us immediately, and in any event within 24 hours, of any accident resulting in death, personal injury or damage to property.
11.1.13. taking adequate and proper measures to protect the Storage Unit from theft, damage and/or other risks.
11.1.14. returning the Storage Unit in good working order and condition (fair wear and tear excepted) in a clean condition and free of all hazardous waste.
12. THE GOODS
12.1. 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.12.2. We do not warrant that the storage facility used by us is a suitable place or means of storage for any particular goods.12.3. The Goods must not include, and you must not store any of the following:12.3.1. Liquids and semi-liquid foods in glass containers;12.3.2. All perishable goods;12.3.3. Non-perishable food unless packed so that they are protected from and do not attract vermin;
12.3.4. Birds, fish, animals, or any other living creature;
12.3.5. Explosive weapons or ammunition;
12.3.6. Sharp knives or other kitchen implements unless blade is fully protected with a suitable material;
12.3.7. Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents;
12.3.8. Chemicals, radioactive materials, biological agents, including household cleaners;
12.3.9. Toxic waste, asbestos or other materials of a dangerous nature;
12.3.10. Any other toxic, flammable or hazardous substance or preparations classified as such under any applicable law;
12.3.11. Specialised equipment with electronic and/or fragile components;
12.3.12. Stolen goods and drugs;
12.3.13. Counterfeit goods
12.3.14. Goods which require special licence or government permission for export or import; or
12.3.15. Medical needles unless properly protected in appropriate containers.
12.4. Should it become apparent that any of the prohibited items listed in clause 12.3 are contained within your Goods, such items will be removed and disposed, and the rest of your Goods will be searched for further prohibited items, which if found, will also be removed and disposed. If felt appropriate, we will inform the Police authority. An administration fee of £50 will be charged for each prohibited item that is found. Further disposal fees may also be applied depending on the nature of the prohibited item(s).
12.5. You agree that Door To Store or any contractor acting on Door To Store’s behalf may at any time without notifying you break any lock or security seal and inspect your Goods:
12.5.1. if we reasonably believe that your Goods may contain any items described in clause 12.3;
12.5.2. if we are required to do so by the police, fire services, local authority or by court order;
12.5.3. in order for us to investigate title to the Goods in the event of any dispute;
12.5.4. where we consider it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property; and
12.5.5. where we consider it necessary if there is excess weight or inappropriate packing materials used by you.
12.6. Door To Store may:
12.6.1. refuse to store any Goods; or
12.6.2. break the security seals on a Storage Pod and divide the contents to multiple Storage Pods. Additional Storage Pods would be charged for accordingly without prior notice; or
12.6.3. 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 facility, or any other goods stored at the storage facility.
12.7. You agree that if title to the Goods is subject to any third party claim:
12.7.1. we have the right to investigate the title and be satisfied as to such title before returning the Goods; and
12.7.2. we may keep possession of the Goods and continue to charge you until it has completed any investigation as to title in accordance with clause 12.7.1.
13.1. You must not:
13.1.1. use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
13.1.2. sub-license, re-sell or offer in any manner, to a third party, the Services or use of or access to the Services, whether for commercial gain or otherwise unless we have previously agreed in writing; or
13.1.3. attempt to interfere with or disrupt the Services or the Site or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
14. CHARGES AND PAYMENT
14.1. You may choose to sign up to the Services on the Site or through an Agent either:
14.1.1. on a rolling Month by Month ‘pay as you go’ basis (i.e. every 4 weeks);
14.1.2. on a rolling half yearly by half yearly basis (i.e. every 26 weeks); or
14.1.3. on a rolling yearly basis (i.e. every 52 weeks);
14.2. You shall pay to Door To Store charges for the Services as follows:
14.2.1. where you sign up to the Services on a rolling Month by Month ‘pay as you go’ basis, you shall pay Door To Store‘s standard rates for the time being in force as detailed on the Site;
14.2.2. where you sign up on a rolling half yearly by half yearly basis, you shall pay our set half yearly charges as detailed by an Agent; or
14.2.3. where you sign up on a rolling yearly by yearly basis, you shall pay our set yearly charges as detailed by an Agent; and
14.2.4. Hourly Rate of our staff/contractor’s labor, whether such labor is used for the loading, unloading or any other additional service that requires the labor of our staff/contractors as set out under clause 9.1. The amount of labor or time required purely depends on the amount of labor and time required and charges will apply accordingly.
14.3. Where you sign up to the Services on a half yearly or yearly basis, we will email you at your specified email address 5 days before the minimum period expires, and you will have the option to extend the Services for a further chosen specified period of months. If you do not choose to extend the Services, you shall either:
14.3.1. terminate the Agreement in accordance with 23.1; or
14.3.2. be deemed to sign up to the Services on the same basis as you originally signed up to the Services for, (i.e. either on a rolling half yearly by half yearly basis or a rolling yearly by yearly basis), and shall pay to Door To Store charges for the Services in accordance with clause 14.2.2 or
14.4. Door To Store reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that the Goods collected:
14.4.1. have a volume greater than the Storage Plan selected by you on the Site or through an Agent; or
14.4.2. exceeds the maximum weight limit of 800kg per Storage Pod.
14.5. In the event that our staff are left waiting and our staff cannot begin their work at the agreed time then we reserve the right to charge you for the full cost of the waiting time at the rates set out for labor under clause 14.2.4 (ie according to the Hourly Rate of our staff/or contractors’ labor).
14.6. All charges are inclusive of VAT. If the rate of VAT changes, we reserve the right to adjust the VAT you pay on the charges from the date the change takes effect.
14.7. We accept payment from, Visa or MasterCard and our charges are payable by credit card or debit card in advance as follows:
14.7.1. charges for us to send you Packing Materials will be payable when you place an order on the Site or through an Agent;
14.7.2. In respect of any Storage Plan and a rolling Month by Month ‘pay as you go’ basis:
22.214.171.124. charges for the first 4 week’s storage and the first hour of our staff’s labor (as detailed on the Site or through an Agent), and any charges for insurance which you choose to purchase pursuant to clause 19, will be payable when you place an order on the Site;
126.96.36.199. charges for subsequent Months storage, and any charges for insurance which you choose to purchase pursuant to clause 19, will be payable every four weeks commencing on the date that your Goods were collected from your specified collection address for transit to a storage facility, or Storage Unit was delivered and assembled;
14.7.3. In respect of any Storage Plan on a half yearly or yearly basis chosen by you:
188.8.131.52. charges for the first half yearly or yearly period of storage chosen by you and the included our staff’s labour and time (as detailed on the Site), and any charges for insurance which you choose to purchase pursuant to clause 19, will be payable when you place an order on the Site or through an Agent;
184.108.40.206. charges for subsequent periods of half yearly or yearly storage, and any charges for insurance which you choose to purchase pursuant to clause 19, will be payable every 26 weeks or 52 weeks respectively (depending on whether you chose a Storage Plan on a half yearly or yearly basis) commencing on the date that your Goods were collected from your specified collection address for transit a storage facility, or Storage Unit was delivered and assembled.
14.7.4. You consent to the payment card you have provided being charged at the anniversary of your storage plan for the next payment period where you plan rolls over for another period in accordance with clauses 14.7.2 and 14.7.3 above;
14.7.5. You grant us authority to charge the payment card provided, without notice, for any outstanding balance on your account at any time on or after the amounts become due;
14.7.6. you sign up to the Services for a specified period; and
14.7.7. you request the return of all of your Goods, or collection of the Storage Unit before the end of the specified period, you will be liable for all storage charges for those services up to the end of the agreed minimum period. The charges for us to return your Goods in the Storage Pods to your specified return address or to dismantle and collect your Storage Unit (the cost of which as notified to you when you placed your order on the Site or through an Agent), are payable in full when you arrange for your Goods to be returned.
14.8. If you store additional Goods to those already in storage with Door To Store;
14.8.1. the agreed charges for the Goods already in storage will continue to apply to those Goods; and
14.8.2. the monthly charges for storage in relation to the additional Goods will be calculated on the basis of the total volume of your Goods that will be in storage.
14.9. If you request the return of all or any of your Goods before the end of the specified minimum period, you may store the same number of replacement Goods with us to the end of the agreed minimum period at no extra storage charge. Your replacement Goods will be subject to the same level of our liability as those Goods which they replace. Charges will apply as set out in clause 14.2 above, for:
14.9.1. collection of your replacement Goods; and
14.9.2. Door To Store to return your replacement Goods to your specified return address.
14.10. We may charge £12.50 administration fee to cover our costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to us. It is likely that we will attempt to take payment on more than one occasion so such administration fees will be charged on each occasion.
14.11. If payment of the charges and any other amounts payable are not received by the due date, we may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 15), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, £12.50 per letter or email sent in the process of collecting the outstanding debt, and collect any charges from you as the debtor for auction or sales fees, and any transaction fees required.
14.12. We may review the monthly charges from time to time. If we increase the standard monthly rates for the charges:
14.12.1. for all new orders, the new standard rates (as set out on the Site) will take immediate effect;
14.12.2. for existing customers who signed up to the Services on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 5 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 23; and
14.12.3. for existing customers who signed up to the Services on a half yearly or yearly basis, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site or through an Agent.
14.13. Additional charges as set out on the Site from time to time may be applied if:
14.13.1. you provide insufficient or inaccurate address information;
14.13.2. you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
14.13.3. our carrier is unable to access your premises to deliver or collect your Goods and the delay lasts longer than twenty minutes;
14.13.4. delivery, collection or return of your Goods takes over one hour to complete from arrival at your address through no fault of our carrier/staff;
14.13.5. you request that delivery, collection or return of your Goods be carried out outside of normal working hours (09.00— 16.00 Monday — Friday);
14.14. If you cancel any collection or delivery that has been confirmed with us on less than two clear working days’ notice then you will incur a £75 administration fee payable to Door To Store.
14.15. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. RIGHT TO WITHHOLD OR DISPOSE OF GOODS
15.1. If you do not pay the charges or any other payments due under this Agreement, we shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 15. You will be responsible for all storage charges and other associated costs reasonably incurred by us while withholding or disposing of the Goods.
15.2. We will provide you with 60 days written notice requiring you to pay all amounts due and to contact us to arrange for re-delivery of your Goods. If, upon the expiration of the 60 day notice period you have failed to pay all of the amounts due, we will escalate the recovery process and a fee of £250 will be applied to commence disposal of some or all of the Goods by sale, gift to charity, or otherwise.
15.3. 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.
15.4. 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 £50. The administrative charge remains payable by you, together with any outstanding debt regardless of us being able to recover any money from the sale or disposal of your goods.
15.5. 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 28 days’ written notice to you in accordance with clause 26 (Notices), we may retain any such excess for its own account.
15.6. If the proceeds of sale (if any) are insufficient to discharge the outstanding debt or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to us within seven days of a written demand from us. Interest will continue to accrue on the balance under clause 14.13 until it is paid in full. Failure to pay this balance within seven days will result in recovery action and further debt collection charges.
15.7. If, having been served with 60 days written notice requiring you to pay all amounts, you make a part, but not full payment, during the 60 day notice period, the notice period will remain in effect from the date the notice was initially given.
Where you provide us with any feedback or suggestions in relation to the Site or the Services, you agree that we shall have no confidentiality obligations with respect to such feedback or suggestions and we may use or incorporate into the Site or the Services any suggestions, enhancement requests, recommendations or other feedback provided by you.
17.1. We provide the Site on an “as is” and “as available” basis with all faults. We do not warrant that use of the Site will be error-free or uninterrupted or that any defects will be corrected.
17.2. We will provide the Services and the Packaging Materials with reasonable care and skill and substantially as described in this Agreement. We do not make any other promises or warranties about the Services and/or the provision of the Packing Materials.
18. OUR LIABILITY TO YOU
18.1. In this clause, Door To Store limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods. You acknowledge that we are unaware of the value of the Goods.
18.2. When we return your Goods to you, you must promptly examine the Goods and notify us of any loss of or damage to the Goods within seven days of redelivery of the Goods to you. If you fail to inform us within such time period, we will not be liable to you for any loss or damage.
18.3. In the event of a claim, we shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to our enquiries and requests for information in respect of the Goods. If you do not provide us with any information or documents requested by us within 28 days of our request, we will not be liable to you for the loss of or damage to the Goods.
18.4. If you do not arrange insurance with us, we do not know the value of your Goods and therefore we limit our liability to a fixed limit per item as detailed below in clause 18.5.3
18.5. Our total liability in contract, tort (including negligence), bailment, or otherwise for the Services or any breach of this Agreement by us or for any loss of or damage to the Goods (including loss or damage during collection, delivery or storage) shall not in any event exceed the lower of:
18.5.1. the cost price of any damaged or lost Goods;
18.5.2. the current replacement cost of any damaged or lost Goods at the date of the claim; and
18.5.3. £50 per any individual item of any damaged or lost Goods.
18.6. We shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
18.6.1. loss of or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by us, or any deliberate or negligent act or omission on the part of Door To Store or its contractors;
18.6.2. any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if we are aware of the possibility of such a loss; or
18.6.3. where the Storage Pod was loaded by you, we will only accept liability for damage to or loss of Goods where such damage or loss is attributable to or in consequence of the following perils: Fire, Lightning, Explosion, Earthquake, Storm, Flood, Burst Pipes, Theft accompanied by forcible or violent entry or exit, Riot, Strike, Civil Commotion, Malicious Damage, Impact by vehicles or aircraft and damage caused by dropping of a pod.
18.6.4. loss of or damage to the Goods which is caused by your failure to comply with this Agreement;
18.6.5. loss of or damage to any Goods of a type listed in clause 12.3 or those set out in the Packaging Requirements under the heading “What we will not be liable for” (Clause 31 of this Agreement);
18.6.6. loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
18.6.7. loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
18.7. We shall have no liability to you if the Goods are seized under any law or court order.
18.8. Nothing in these terms and conditions excludes or limits our liability for:
18.8.1. death or personal injury caused by our negligence; or
18.8.2. fraud or fraudulent misrepresentation.
18.9. If you are a business customer, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19. INSURANCE OPTION
19.1 Limited Liability” – If you have selected our Limited Liability service or have not declared a value damage it is at your sole risk and our liability for loss or damage to your goods caused by normal perils, including as a result of our negligence will not exceed £50.
19.2 We shall take out and maintain a contract of insurance in accordance with the summary of terms provided to you providing cover to us for the Goods and for the purposes of such insurance cover, the replacement value of the Goods shall be the value of the Goods stated in the Quotation.
19.3 If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from you of a written direction to notify a claim in the form attached to the summary of terms. For the purposes of processing any such claim, You shall provide us, the insurer or any agent of the insurer appointed to investigate such claim with such information and existence as may reasonably be required in relation to the claim.
We will also provide to you, or the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. While we will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, we are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim (unless specifically agreed with you in writing).
19.4 In the event that we make a claim under such insurance cover in respect of damage or loss caused to the Goods, we shall pay or arrange for payment to You that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to us from you. For the avoidance of doubt, You acknowledge that our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which we recover which relate to the Goods.
19.5 We do not give any advice concerning the insurance cover referred to in Condition 8 and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.
19.6 Nothing in this Condition shall make us “Your agent”
19.7 We are not liable on a “new for old” basis for any lost or damaged goods.
19.8 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instructions, against our advice, and in a manner which is likely to cause damage.
19.9 You must notify us as soon as reasonably possible of any damage to your property
We ask that you read the Summary of Insurance we provide to ensure it is adequate for your needs and that you value your goods on an indemnity (like for like) basis so that you purchase the correct amount of cover to protect your goods in the event of loss or damage.
20. YOUR LIABILITY TO DOOR TO STORE
You shall reimburse us in full an amount equal to all damages, liabilities, costs, claims and expenses that we may incur as a result of your use of the Services or any breach by you of this Agreement
20.1. If the Storage Unit is returned in damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the Storage Unit) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Storage Unit to a condition fit for re-hire.
20.2 You must provide us with the any keys to the Storage Unit during collection. Any keys not returned will be charged at £5.00 per missing key
20.3 Where Equipment is lost, damaged beyond economic repair, or stolen during the Hire Period
20.3.1. you will pay to us our costs which we may incur in recovering any lost or stolen Equipment;
20.3.2. where the Equipment is not recovered within 14 days, you will pay to us the replacement cost of the Equipment (on a new for old basis).
20.3.3. the Hire Period will continue until the Equipment is recovered or you pay the replacement cost for the Equipment, and you shall pay the full Charges that would have applied for such Equipment for that period. If you pay the replacement cost for the equipment we may (at our discretion) provide you with replacement equipment, or terminate the Hire Period.
20.3.4. we shall advise you of any damage found to the Equipment or missing extra chargeable items within 4 weeks of the return of the Equipment. If you dispute the damage or shortage you shall have 5 working days to respond.
20.3.5. you shall indemnify us for all costs we incur for employing a specialist contractor to remove and dispose of any waste including additional costs resulting from unidentifiable/hazardous waste, returned in the Equipment.
21. OWNERSHIP OF RIGHTS
All rights, including copyright, in the Site, this agreement and the Services and Equipment are owned by or licensed to Door To Store.
22. RIGHT TO CANCEL – “COOLING OFF PERIOD”
22.1. Each request for the Services by you shall constitute a separate contract between you and us on these terms and conditions.
22.2. Subject to clause
22.3. you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with us. If you wish to cancel within the 14 calendar days you must notify us in accordance with clause 26
22.3. You acknowledge that you will lose your right to cancel under clause 22.3 if you request us to collect the Goods in accordance with clause 9 before the period of 14 calendar days elapses.
23.1. You may terminate this Agreement at any time by requesting in writing the return of your Goods and paying any outstanding charges due to us.
23.2. We may terminate this Agreement with immediate effect by notice in writing to you, if:
23.2.1. you fail to pay any amount due, including any interest accrued, by the date due; or
23.2.2. you are in breach of any term of this Agreement.
23.3. We may terminate this Agreement for any reason by giving you not less than 28 days written notice.
23.4. Upon termination of this Agreement for any reason you must contact us promptly to arrange for re-delivery of the Goods.
23.5. If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of your Goods, then we may dispose of the Goods in accordance with the provisions of clause 15.
24. ASSIGNMENT AND SUB-CONTRACTING
24.1. You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without our prior written consent.
24.2. This Agreement shall be binding on your personal representatives, successors and permitted assigns.
24.3. We shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
24.4. We may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation, packing and storage), but such sub-contracting shall not relieve us of any liability under this Agreement.
25. FORCE MAJEURE
We will not be liable or responsible for any damage to or loss of the Goods, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
26.1. Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
26.1.1. if to us — to our head office address or email address as stated for the time being on the Site;
26.1.2. if to you — to the billing address or email address for you which you registered with us or which you last notified to us.
26.2. Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
27.1. This Agreement together with the details provided in your order constitute the whole agreement and understanding between you and us relating to the Services and/or the purchasing of Packing Materials.
27.2. You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in this Agreement.
27.3. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
27.4. If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
27.5. This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
27.6. This Agreement is governed by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
28. PROMOTIONAL CODES
28.1. Our promotional codes allow you to receive a discount on your order, either as a percentage or an absolute monetary amount.
28.2. You may not post your promotional code on voucher websites, affiliate marketing schemes or other 3rd party websites.
28.3. You may not create fake accounts, split your bookings with the intention of exploiting a promotional code or otherwise engage in attempts at forgery or fraud.
29. PACKAGING REQUIREMENTS
29.1. What we will accept:
29.1.1. Any of our Packing Materials;
29.1.2. Standard boxes (either our boxes or any double-walled cardboard box up to maximum weight being 25kg);
29.1.3. Suitcase, bags, and sport bags and musical instruments in hard cases (maximum weight being 25kg)
29.1.4. Bicycles, skis, snowboards
29.1.5. Printers, TVs and other electrical equipment within original packaging including polystyrene interior (maximum weight being 25kg)
29.1.6. Items of furniture or other outsize items must be agreed to in writing.
29.2. What we will not accept:
29.2.1. Any item that is longer than 2250mm or does not fit into a Storage Pod for any reason; or
29.2.2. any Goods containing liquids, chemicals or food.
29.3. Please call us if you have items outside this range as we may be able to help.
30. WHAT WE WILL NOT BE LIABLE FOR
30.1. In terms of outer packing, anything not packaged as per the “What we will accept list” above (clause 30.1).
30.2. In terms of contents:
30.2.1. glass, crockery and other fragile items; goods with any glass element, and other fragile items;
30.2.2. the outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments;
30.2.3. jewellery, watches, antiques, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind; or
30.2.4. where a lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set;
30.2.5. for electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
30.2.6. Where the Storage Pod was loaded by you, we will only accept liability for damage to or loss of contents where such damage or loss is attributable to or in consequence of the following perils: Fire, Lightning, Explosion, Earthquake, Storm, Flood, Burst Pipes, Theft accompanied by forcible or violent entry or exit, Riot, Strike, Civil Commotion, Malicious Damage, Impact by vehicles or aircraft and damage caused by dropping of a container.
31. IF THERE IS A PROBLEM WITH THE SERVICE
If you have any questions or complaints about our Services, please contact us. You can telephone our customer service team at 0800 043 9302 or write to us at email@example.com or Door To Store, Innovation House, 39 Mark Road, Hemel Hempstead, HP2 7DN.
32. HOW WE MAY USE YOUR PERSONAL INFORMATION
32.1. How we will use your personal information. We will use the personal information you provide to us:
32.1.1. to supply the Services to you;
32.1.2. to process your payment for the Services; and
32.1.3. if you agreed to this during the order process, to give your information about similar services that we provide, but you may stop receiving this at any time by contacting us.
32.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
33. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution if you are a consumer. If there is a dispute arising from this Agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings. Alternative dispute resolution if you are a consumer. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.