Please read this carefully. These terms and conditions apply to the use of this Website and by accessing this Website and/or using the Services you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access the Website. If you have any queries about these terms and conditions, please email us at email@example.com.
By using the Website and/ or Services you agree and warrant that:
a. you have read the terms and conditions set out in this document and agree to be bound by these terms and conditions;
c. you are over 18 years of age.
1. Parties to the agreement and definitions
1.1. This agreement is between Box Man Limited (a company registered in England and Wales under number 8333106 with registered address 28 Mill Lane, HP7 0EH hereafter referred to as "Boxman", "we" or "us", and "you" (a user of the Website).
1.2. In these terms and conditions, the following words have the following meanings:
1.2.1. "Conditions" or "Agreement" means these terms and conditions;
1.2.2. "Goods" means the items entrusted for storage by Boxman in accordance with these Conditions;
1.2.3. "crates" means the crates in which the Goods are packed;
1.2.4. "Service(s)" means storage, crate rental and transport services as described and offered on the Website;
1.2.5. "Website" means Boxman's website at www.boxman.co.uk or any subsequent URL that may replace it.
2. Use of the Website
2.1. You are provided with access to the Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2.2. The Website is provided solely for the use of current and potential Boxman customers to interact with Boxman and may not be used by any other person or entity or for any other purpose. Use of the Website to provide information or services to third parties is expressly prohibited.
2.3. The re-offering or sub-licensing in any manner of Boxman's Services, or use of or access to such Services, to a third party for any reason, whether or not for commercial gain is expressly prohibited
2.4. You must not access the Website or use Boxman's Services for any reason or in any way that is fraudulent or unlawful or that has the effect of being fraudulent or unlawful whether intended or not
2.5. You must not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
2.6. You must not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
2.7. You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service, the Website or Boxman's systems or networks, or any systems or networks connected to the Service or to Boxman or to the Website or use any other device, software or routine to interfere or attempt to interfere with the proper working of the Service or the Website or any transaction being conducted on the Website, or with any other person's use of the Service or Website.
3. Registration and password
3.1. In order to use the Services, you must register via the Website.
3.2. As part of the registration process you will choose a password which you can change at any time by logging into the Website. Your email address in combination with this password shall be used to identify you. You are responsible for all activities that occur under your email address and password and for maintaining the confidentiality of your password. You will take all reasonable steps to ensure that nobody other than you can access the Services or Website using your email address and password, including but not limited to never sharing or disclosing your password to others and ensuring that you successfully exit from your Boxman session at the end of each visit.
3.3. You agree to notify Boxman immediately if you suspect or know that your password has become known to someone else.
4. Access to your premises
4.1. It is your responsibility to ensure that Boxman or any third party acting on its behalf has such access as may reasonably be required to carry out collections and deliveries as required under the Services. It is a condition that:
4.1.1. all collections and deliveries can conveniently be carried out by means of adequate staircases, lifts, elevators and doorways;
4.1.2. crates and Goods are available for collection on the ground floor and will be delivered back to the ground floor;
4.1.3. There is a suitable and practicable road access and approach for a vehicle to the door of the premises to and from which crates are to be collected or delivered;
4.1.4. parking facilities are available (where necessary) for collections and deliveries;
4.1.5. You, or someone over the age of 18 and authorised by you, is present for deliveries and collections of crates.
4.2. If such conditions are not fulfilled an extra charge of not less than £20 may be incurred.
5.1. You declare that all Goods and crates entrusted to or handled or stored by Boxman or on their behalf are either your own unencumbered property, or that you have full and absolute authority of all persons owning or interested in the Goods and crates for Boxman to handle and / or store. You agree to indemnify Boxman against any claims charges costs and demands made against or incurred by Boxman on any breach of this condition.
5.2. crates must not weigh more than 25kg and any crate over 15kg should be marked as heavy.
5.3. Where possible, all Goods must be packed in crates supplied by Boxman. Any containers which you provide for items too large to fit in Boxman crates must be in good condition and of sufficient strength and quality so as to be suitable for storage of the Goods. Storage of Goods not packed in Boxman crates is at your own risk.
5.4. crates and Goods must not include the following prohibited items:
5.4.1. illegal or stolen items;
5.4.2. any plant or creature whether living or dead;
5.4.3. perishable goods;
5.4.4. firearms, weapons, ammunition, explosives or the components thereof;
5.4.5. flammables of any kind (petrol, diesel, oil, paint, cleaning solvents etc);
5.4.6. hazardous or toxic items of any kind;
5.4.7. any items that emit fumes or an odour of any kind;
5.4.8. chemicals, radioactive materials or biological agents;
5.4.9. compressed gases;
5.4.10. any item of high value or requiring specialist storage including without limitation fine wines, antiques, jewellery, bonds, securities, stamps, fine art or bullion;
5.4.11. any item which may detrimentally affect anything outside of your crate such as other users' crates or Goods or the storage facility.
5.5. You agree that by entrusting your Goods into storage with Boxman, from the point of collection of your Goods Boxman is the legal custodian of your Goods until such time as the Goods are returned to you or an address designated by you
5.6. Boxman or anyone acting on Boxman's behalf may at any time with notifying you open your crates to access your Goods:
5.6.1. if legally required to do so by police, fire services, local authority or by court order
5.6.2. if Boxman reasonably believes the crates or Goods contain any of the prohibited items listed in clause 5.4
5.6.3. if Boxman reasonably considers it necessary in an emergency or to prevent injury or damage to persons or property
6. Charges and Payment
6.1. Boxman (or a third party engaged on its behalf) will save your credit or debit card information and use it for all future charges which will be automatically applied unless you notify Boxman via the Website.
6.1.1. The debit, credit and charge cards accepted by us are those listed on the Website on the date on which your order is placed.
6.2. It is a condition that you provide Boxman with at least one valid credit or debit card before commencement of the Services and at all times thereafter until the Services are terminated.
6.3. Applicable charges are those specified on the Website at time of booking.
6.4. Storage and Rental Charges are payable monthly in advance.
6.5. Charges for the first month's storage will be payable when your crates and Goods first arrive at Boxman's storage facility.
6.6. A 'Grace Period' of two weeks is provided for packing and unpacking of crates. Outside of this Grace Period, a crate Rental Charge shall apply for any period the crates have been in your custody, including the Grace Period.
6.7. Subsequent Storage charges will be taken monthly, commencing one month after collection of the crates for transport to the storage facility.
6.8. Subsequent Rental charges will be taken monthly, commencing one month after delivery of the crates to you.
6.9. Storage and Rental Charges for the month in which crates are returned to you are payable in full.
6.10. Boxman does not charge for crates on the condition that the crates are stored with Boxman. In the event that you do not store any crates with Boxman, crate Rental charges and crate collection charges will become due as specified on the Website.
6.11. One collection is provided free for each delivery of a group of crates. If the group of crates is split into multiple collections, collection charges will become due as specified on the Website.
6.12. Ownership of the crates shall at all times remain with Boxman.
6.13. Boxman retains the right to revise these charges from time to time. In the event of any changes, Boxman will provide at least 28 days' notice to you by email and give you the opportunity to terminate this agreement as per clause 12.
6.14. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs for any reason. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
6.15. If payment of the charges and any other amounts payable are not received by the due date, Boxman may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 7) charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of NatWest Bank plc from time to time.
7. Right to Withhold or Dispose of Goods
7.1. The terms of this Condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
7.1.1. In the event that you do not pay the charges or any other payments due under this Agreement we are relieved of any duty howsoever arising in respect of the Goods and you authorise us:
18.104.22.168. to withhold the Goods and to refuse you and your agents access to the Goods;
22.214.171.124. to access the crates and inspect and remove the Goods;
126.96.36.199. to hold onto and/or ultimately dispose of some or all of the Goods;
7.2. Boxman will give you at least 15 days' notice by email requiring you to pay all amounts due and/ or arrange delivery to you of your crates. In the event that you have not paid all amounts due on expiration of this notice period, Boxman may without any further notice, sell the Goods and pass all ownership to them and use the proceeds of sale to pay ﬁrst Boxman's administrative charge of £40, secondly the costs incurred by us and thirdly in paying amounts due to us from you and to hold any excess for you. Interest will not accrue to you on the excess;
7.3. If, after having made all reasonable efforts to do so, Boxman is unable to return any excess to you, including having given not less than 90 days' written notice to you by email, Boxman may retain any such excess for its own account.
7.4. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the outstanding charges you must pay any balance outstanding to us within seven days of a written demand from us, which will set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on the balance until payment has been made.
7.5. We will sell the Goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
7.6. If the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite our efforts, you authorise us to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost.
7.7. You will be responsible for all storage charges and our reasonable costs incurred in administering the debt collection and sale process described in this condition.
8. Cancellation rights
8.1. You may amend or cancel your order at any time prior to the cut-off time for delivery or collection, as appropriate. The cut-off time will be stated on the Website and is currently set at three hours prior to delivery or collection
8.2. You have the right to cancel your order within 7 working days of making this Agreement. If you wish to exercise this right after the cut-off time, you must notify Boxman by email to firstname.lastname@example.org. However, if you request delivery of Boxman crates or collection of your own crates on a date which is before this cancellation period expires, then the Service will have commenced on that date and you shall no longer have the right of cancellation.
8.3. Once Services have commenced you will no longer have any cancellation rights. Services can be cancelled by requesting a return of all Goods and paying the applicable return charges or collection of crates as required and paying any applicable collection charges, terminating this Agreement under clause 12.
9. Collections and Deliveries
9.1. Delivery/ collection days and times will be as specified on the Website at the time of booking and will be made to the address specified by you when you place the order on the Website. We reserve the right to restrict deliveries or collections in certain areas, and this includes the right to eliminate certain areas from our delivery or collection schedule altogether.
9.2. It is our aim that deliveries and collections are as convenient as possible for you and as such we offer specific delivery/ collection slots. Accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery/ collection address at all times during the delivery/ collection slot. We may ask that an appropriate person signs for the Goods on delivery/ collection. If no one is at the address when the delivery/ collection is attempted we will leave notification and will telephone to attempt to rearrange the delivery/ collection. Such 'missed deliveries/ collections' may result in an administrative charge of not less than £20
9.3. Please note that delivery / collection times are estimates only and adverse weather conditions, road traffic conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery / collection. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, Boxman shall not be liable for any delay in or cancellation of delivery or collection.
9.4. Boxman, or any third party acting on its behalf, may refuse to collect or receive or may re-deliver at your cost, any crates that it considers at its sole discretion does not comply with any of clauses 5.2 (maximum weight), 5.3 (suitable condition and quality), 5.4 (prohibited items) and 10.5 (suitably packed) or does not match the category in which you have classified and paid for the crates as defined on the Website or if Boxman reasonably believes 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 of the other users' crates stored at the site.
10. Limitation of Liability
10.1. Use of the Website and Boxman's Services is at your sole risk. Boxman will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the Website and its content including without limitation, damages for lost revenues, profits, business, anticipated savings, data, or damage to any computer systems, even if you have advised Boxman of the possibility of such damages
10.2. Boxman shall not in any event be responsible or liable for any loss or damage to the Goods that does not arise as a direct consequence of any breach of this Agreement by Boxman or any deliberate or negligent act or omission on the part of Boxman or its contractors or for any lost revenues, profits, business, anticipated savings, data, or damage to any computer systems.
10.3. We recommend that you arrange appropriate insurance for your Goods. You acknowledge that Boxman is unaware of the contents of crates or the type or value of Goods to be stored.
10.4. It is your responsibility to ensure that Goods are appropriately protected and packed in the crates.
10.5. Where you have provided crates, it is your responsibility to check that these crates are of suitable condition and quality to store the Goods.
10.6. Subject to clause 10.9, Boxman's total liability for the Service or any breach of this Agreement shall not exceed the lower of (a) the initial cost of the Goods, (b) the replacement cost of the Goods at the time of any claim and (c) £100.
10.7. In the event of a claim under clause 10.7, Boxman shall be entitled to require proof of any loss or damage to the Goods as well as proof of initial or replacement cost.
11. Assignment and Sub-Contracting
11.1. Boxman may sub-contract the performance of any of its obligations to you under this Agreement to any third party (including storage and transportation), but such sub-contracting shall not relieve Boxman of any liability under this Agreement. In the event of a breach by you of any condition of this Agreement any third party that has performed any of Boxman's obligations to you shall be a third party beneficiary in any claim against you and able to enforce against you under the terms of this Agreement.
11.2. The assignment, sub-licensing, sub-contracting or other transfer of your rights and obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.
11.3. This Agreement shall be binding on your personal representatives and successors.
12.1. You may terminate this Agreement at any time by requesting the return of Your crates through the Website and paying any outstanding charges.
12.2. Boxman may discontinue, suspend or modify the Website at any time without notice.
12.3. Boxman may block, terminate or suspend your and any user's access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others, with immediate effect by giving you notice by email.
12.4. Upon termination for any reason, you must contact Boxman to arrange for return of your crates. If you do not contact Boxman within 15 days of termination, Boxman may dispose of the Goods in accordance with clause 7.
13. Force Majeure
13.1. Force majeure means that we will not be liable or responsible (and so will not pay you compensation) for any loss or damage to the Goods or any failure to perform Services due in any way because of unforeseeable circumstances beyond our control. These can include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, non-performance or delay by suppliers or sub-contractors, industrial dispute, natural or nuclear disaster, fire, adverse weather, sea and ice conditions.
14.1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your Personal Information.
15. Governing Law
15.1. These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
16. Entire Agreement
16.1. Save as expressly provided in these Terms and Conditions, this Agreement constitutes the whole agreement and understanding between you and Boxman relating to the Service.
16.2. If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
17. Customer Feedback
17.1. Any customer feedback should be sent by email to email@example.com.
17.2. Where you supply any feedback, you agree and acknowledge that Boxman shall not have any confidentiality obligations in relation to such feedback and may incorporate into the Website or Service any suggestions, requests or other feedback provided by you.
18.1. Boxman reserves the right to update these conditions at any time by posting a notice on the Website or by sending you notice by email. Your continued use of the Services (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Services and terminate this Agreement as per clause 12.1.
18.2. 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 these Terms and Conditions.
18.3. The failure of Boxman to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18.4. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this Website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in enjoying the Services provided by Boxman, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Website without Boxman's prior written permission and for which Boxman may impose a fee.