STORE UR BOX - TERMS & CONDITIONS OF CONTRACT
When you place an order with Store Ur Box you agree to the following Terms and Conditions
“crate”– is how we describe whichever container your goods, things, stuff are stored in.
“Store Ur Box / our / we/ us” - legally we are Crown Worldwide (NZ) Limited, but Store Ur Box is our trading name for this business. We are a New Zealand business.
“Fees” - what we charge you to store or move your stuff and what you have to pay us.
“Stuff / goods/ things” – anything you put in a crate and get us to transport and store.
“Term” - the length of time this Contract applies for. It’s not long and there’s no hidden fishhooks (see clause 2 below).
“Working Day” – Every day except Sundays and Public Holidays (national and regional).
“you / your” - means you, being the owner or owners of the stuff / goods / things.
2. TERM OF CONTRACT
2.1 Once you submit your order both you and we are committed for a minimum of one month but after that you can stop storing your stuff with us whenever you like, all we need is a month’s notice. We can also cancel the agreement by giving you a month’s notice.
3.1 When you place your first order you will have to create a Username and a Password. It’s your responsibility to keep these confidential because we can’t take responsibility or liability for who accesses your account.
If you think someone has got access to your password or account you need to let us know as soon as possible.
For our part any info we gather about you, and the business we do with you will be kept confidential.
3.2 If you change your mind about using us before we pick up any of the crate(s), that’s OK, unless it’s in the five hours before the pick-up is scheduled, in which case you can still cancel the agreement, but we can’t refund the appointment fee, and, if we have delivered any crates for you to pack, we will need to pick them up, or charge you for them. We will refund any money we owe you within 3 days.
3.3 We can only store things that belong to you, or that you have been given permission to store with us by the owner. It is your responsibility to ensure you have the authority of the owner of the things to store them with us, and we will rely on you having that permission.
4. PACKING, COLLECTION AND STORAGE
4.1 Once we have received your order, we will deliver the crate(s), and then wait, or come back to pick them up when you are ready (if requested - this needs to be within 10 days of us dropping them off, or we may have to charge you for the crate(s) – of course, if you need a bit longer, let us know).
4.2 You need to pack the crate(s). We can’t do this for you.
4.3 All crates should be securely sealed before we take them away, including your suitcase(s), so please make sure they can be. We will provide seals for all crate(s). The seal number will be recorded on your account. The seals are to prevent access to the crate(s) by any unauthorised person.
4.4 This one’s a biggie too so you need to understand it.
Store Ur Box is like a taxi for your stuff: Taxi’s charge waiting time, so do we.
Whenever we visit your place we will wait 15 minutes for you to pack and / or unpack the crate(s). If you take more than 15 minutes, we’re going to have to charge you for another 15 minutes but we will tell you when the time is running out.
4.5 Like we said at 3.2 above, if you cancel the appointment in the last 5 hours before we are scheduled to visit – we’re going to have to charge you.
4.6 The crates we supply belong to Store Ur Box. If you lose them or damage them, we will charge you for them. If you want to buy them anyway, no problem, we are happy to sell them to you.
4.7 Don’t overfill your crate(s). You have to be able to seal them up and we have to be able to carry them. If they’re more than 25kgs (or 17kgs for a cardboard carton) you’re going to have to take something out – there’s no excess baggage allowed here – but we can always rent you another crate. Refer to the “Legal Bits” section for what happens if you don’t comply with this clause.
4.8 Remember 4.2 above, you packed the crate. It’s going to be carried, driven around, put into storage and delivered back to you again. You should therefore pack the crate as carefully as possible. Refer to the “Legal Bits” section for what happens if you don’t pack the crate carefully.
4.9 When you order from us you select a collection place, date and time. We will do everything we can to get to you on time but sometimes things go wrong. If there is going to be a delay from our side we will let you know as soon as we can. If we need to reschedule we will agree another time that suits you. If we can’t agree a suitable time then as well as our apologies we will refund any fee paid for the delivery / collection back within 3 working days. See the “Legal Bits” section for your rights and our liabilities when we are transporting your things.
4.10 You can create an inventory of what you have put in a crate and keep it under your account on our website, if you like. You can even take a photo of your stuff in the crate. We seriously recommend you do this because otherwise, unless you only have one crate, you are going to have a problem knowing which crate you want back because the crates are sealed at your place. Remember, we don’t know what’s in them, and we won’t open them.
4.11 If you think we can’t get our van to your place you need to let us know in advance so we can sort out another way to collect your crate(s). There may be an additional charge in these circumstances, but if you tell us, we can work something out.
4.12 Your crate(s) need to be easy to collect. By the front door or your garage (if you have one) is ideal. We don’t mind going up in a lift but if we have to carry the crate(s) up and down stairs we are going to start the clock ticking and count the time we spend going up and down stairs as part of your 15 minutes. (see 4.4 above)
4.13 The 15 minute waiting time applies equally to us delivering the crate(s) back as collecting it, so all the points about access apply in both instances.
4.14 Anything you add or take from the crate(s), or even add or take out of a crate, it will be covered by this agreement. If you make any changes to either the number of crate(s) or what’s in the crate(s), remember to make a note of it on your inventory, so you don’t forget what it is and in which crate it is. Remember, we don’t know what you are storing.
4.15 If you think some of your stuff has been lost you need to tell us straight away so we can investigate. We will do our best to find out what has happened but remember your crate has been sealed, and the same seal will still be on the crate(s).
4.16 We may sometimes need to use a third party to do the job for us, but this will not alter your rights under this agreement.
4.17 To make sure that we get paid for storing your crate(s), we take a “lien” over all of your stored things. Refer to the “Legal Bits” section for what this means.
5. FEES & PAYMENT
5.1 Our fees are charged in New Zealand dollars and that’s what you need to pay us in. All of our prices include GST. If the amount of GST changes, so will our prices.
5.2 We’re going to charge you for one month’s storage when you place your order. One month later we will charge you for another month, and so on, until you take your goods back, or we ask you to.
5.3 Your storage starts on the day we pick your crate(s) up. If you add more crate(s) to your account, the storage for them will start from when we pick them up. We want to keep things simple, so if you do add more crates, we will probably talk to you about you paying a bit more so the billing and paying dates are the same
5.4 You have to pay in full. We will not deliver or collect any crate(s) for you if you owe us money.
5.5 We don’t issue invoices, unless you really need one. All transactions will be recorded on your account.
5.6 The Fee for you first month’s storage is non-refundable unless you cancel in time (see 3.2 above).
5.7 We deal in storage one month at a time. If you take your stuff back part way through a month we will still charge you for the full month.
5.8 We may change our Fees by giving you a month’s notice, to the e-mail address on your account. If you don’t like the change you can cancel the agreement within that month.
If you don’t get the e-mail or don’t cancel, it means you’ve accepted the Fee change.
Changes to our Fees doesn’t change anything else in this contract.
5.9 We will change our Fees annually, in line with inflation by using the Consumers Price Index (all groups) as a reference on the 1st January every year. We will tell you of the change via the e-mail address we have for you, but if you don’t get it, we have still told you by sending notice to the email address that we have for you.
5.10 Store Ur Box is based around recurring credit card payments, after the initial payment. Your card details will be held by our third party provider to allow us to collect payment automatically each month. If your credit card doesn’t have sufficient funds we can ask for payment in other forms to clear any debt.
5.11 If your credit card is cancelled or we cannot charge it, we can cancel this Agreement and any fees owing to us will need to be paid immediately.
5.12 If you owe us money we can charge you interest at our normal overdraft rate plus 4% until you’ve paid in full.
5.13 You need to let us know if you lose your credit card or your credit card number changes.
6. YOUR USE OF OUR SERVICES
6.1 To use Store Ur Box you have to be over 18. The things you store with us have to legally be yours. See the “Legal Bits” section for more.
7. PROPERTY DISPUTES
7.1 Unless a court orders us to do so, we will never release your stuff to anyone other than you.
8. CHANGES TO OUR POLICIES
8.1 We can change these Terms and Conditions at any time, but if we do, we will let you know by email to the address on your account. If you don’t like the changes you can cancel your agreement.
If we don’t hear from you within one month of letting you know that we’ve changed the terms and conditions then we will deem you to have accepted the changes.
9. STORAGE FACILITIES
9.1 We will take all reasonable steps to ensure the security of your crate(s) at our warehouse, however we will not be held responsible for any theft, fire, damage or loss because of the storage of the crate(s) at our warehouse except where we have been proven to have acted in a grossly negligent way. We’re going to take really good care of the crate(s) while they are stored with us but unless we are grossly negligent we can’t take responsibility for anything happening to your crate(s) like theft, fire, damage or loss.
9.2 Remember we didn’t pack your crate(s). This means we don’t know the condition of your stuff when it went in. For this reason we won’t be liable if mould develops.
9.3 We provide a safer facility for storing your goods, but even so, we wouldn’t recommend storing heirlooms or precious valuable or irreplaceable items in your crate(s). So please don’t include these types of goods in your crate(s).
10. PROHIBITED USES
10.1 There are some no-no’s when it comes to packing the crate(s).
You may not store any of the following items in the crate(s):
(a) hazardous materials (including but not limited to any hazardous or toxic chemical, gas, liquid, substance, material, waste, or any other substance regulated under any laws or regulations in New Zealand);
(b) corrosive chemicals or nitrates;
(c) food or other perishable goods;
(d) any item that, in our determination, attracts vermin or creates a nuisance;
(e) flammable materials such as gas, kerosene, paint, oil, etc;
(f) items that, in our determination, have a noxious odour;
(g) items that, in our determination, pose a danger to the safety and health of people or the environment;
(h) explosives, fireworks, or other inherently dangerous materials;
(i) animals, pets, or any living creature;
(j) an item which is illegal, including illegal drugs, or stolen property;
(k) firearms, ammunition, or any weapon;
(l) counterfeit goods;
(m) tobacco or cigarettes;
(n) wine, beer or other alcohol;
(p) money, coin and/or stamp collections, deeds securities or other negotiable instruments;
(q) jewellery, watches or furs;
(r) artworks, curios and paintings;
(s) photographic equipment, video and/or audio equipment, computers or any other electronic equipment; and
(t) personal property which would cause the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters.
See the “Legal Bits” section for what happens if you decide to store any of the above items in a crate(s).
10.2 Identity theft is a growing issue in the 21st century. We strongly advise that the crate(s) do not include passports, drivers licenses, visas, birth or marriage certificates, etc. - basically anything that would allow someone to assume your ID. See the “Legal Bits” section for what happens if you decide to store any of the above items in a crate(s).
10.3 We recommend that you don’t store fragile items such as intricate glass sculptures, porcelain dolls, collectibles or other items easily broken in a crate. We didn’t pack your crate(s) but we will have moved them and while we will always look after your stuff these types of fragile items need specialist packing and are not really suitable for Store Ur Box’s services. If you do ignore our recommendation and store fragile items in a crate – it’s your risk, and we accept no responsibility for any damage caused to these types of goods.
11.1 All your stuff is stored at your risk. Insurance is your sole responsibility. We will not insure individual items for you.
11.2 The safety of your stuff is our top priority and so we’ll always handle the crate(s) with extra care. To give you additional piece of mind we do offer insurance as an option when you place your order with us. If you purchase insurance cover for more than one crate you will need to apply the same level of cover across all of the crates, rather than each crate individually. If you take out or add a crate, it is up to you to update the insurance value. We will keep charging you based on the value you have told us, until you change it.
12.1 The extent of our liability to you is set out further in the “Legal Bits” section.
13. CLOSING YOUR ACCOUNT
13.1 You can close your account at any time through the Store Ur Box website or by contacting us direct, we just need one month’s notice. If there are any outstanding storage fees to pay they will, together with your final delivery fee, need to be paid in full before you get your stuff back.
13.2 If you cancel your appointment less than 5 hours before we are due to visit we will charge you. Similarly if we have agreed a time to visit with you and you are not there, we will charge you.
13.3 When we drop off the crate(s), we will need photo ID, such as your driving licence, or anything else with your picture on, so we know it is you. If you can’t be there, you need to tell us who will be there to sign for the delivery – they will also need to show photo ID.
14.1 We will hold confidential all information obtained by us regarding you and your account and take reasonable care to keep this confidential.
15. EVENTS OF DEFAULT
15.1 If you default in your obligations to us, the “Legal Bits” section states what will happen. An “Event of Default” occurs when:
(a) You fail to pay any sum due to us within twenty (20) Working Days of when it’s due to be paid;
(b) You fail to remedy any other breach of any provision of these terms and conditions within 5 Working Days from a written notice by us or which cannot be remedied; or
(c) you commit an act of insolvency.
16.1 If you and we are in dispute pursuant to these terms and conditions, the section headed “Disputes” in the “Legal Bits” section shall apply.
17.1 Some parts of these terms and conditions will continue to operate even after your account is terminated. All provisions of these terms and conditions that could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
17.2 The failure by you or us to exercise any right under these terms and conditions does not amount to a waiver of that right.
17.3 If any provision of these terms and conditions is unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so the remainder shall otherwise remain in full force and effect and enforceable.
17.4 Your rights under these terms and conditions are not assignable, transferable or sub licensable without our prior written consent. We may transfer, assign or delegate our rights and obligations under our Terms without your consent.
17.5 To the extent if you are entering this contract for business purposes, the Consumer Guarantees Act 1993 will not apply to this contract. All implied terms, conditions and warranties under the Sale of Goods Act 1908 are also excluded to the fullest extent permitted by law.
17.6 We, our officers, directors, employees, agents, third party licensors, or third party suppliers shall not be liable under contract, tort, strict liability or negligence:
(a) for any lost profits or special, indirect, incidental, punitive, or consequential damages, even if foreseeable;
(b) for any bugs, viruses, or the like (regardless of the source of origination); or
(c) for any direct damages over the greater of (in aggregate):
(i) $10,000; or
(ii) the current value (cost) of items damaged or lost, capped at our per-Container liability multiplied by the number of your Containers involved.
These limitations shall be void to the extent prohibited by law.
17.7 Our business is taking place in New Zealand. New Zealand laws will apply to these Terms and Conditions.
- Transporting your goods: You acknowledge and agree that because part of our service to you involves transporting your goods, that these terms and conditions amount to a contract of carriage, and in particular a contract for carriage at owner’s risk and therefore we, as carrier, shall not be liable for the loss of or damage to any of your goods except where the loss or damage is intentionally caused by us. The terms of this clause apply whether or not you decide to take insurance with us pursuant to clause 11.2.
- Goods exceeding recommended weight: Store Ur Box shall not be held responsible for any damage or loss suffered by you if your goods exceed the applicable weights stated in clause 4.7 in any one Crate.
- Packing the crate(s) incorrectly: Store Ur Box shall not be held responsible for any damage to the goods caused by or arising from your failure to properly pack the Crate(s).
- Lien: All of your goods stored with us will be subject to a general lien for all moneys owing to, or liabilities incurred by us, and the delivery or sale of part of the goods shall not affect such lien regarding the remainder of the goods. Regarding any period during which a lien is being asserted, we may charge Fees and other expenses incurred (by or on your behalf) and these terms and conditions shall apply and we shall not be required to deliver or release possession of the goods or any part of them to you so long as any sum of money remains owing by you to us under these terms and conditions.
- Your identity / ownership of stored goods: You cannot use our services on behalf of someone else. You must be the lawful owner of all property you store with us. If you store goods with us, you warrant that you are the lawful owner of those goods. No one else can have an ownership interest in the property. If more than one person has an ownership interest in the goods, you must all be named as a customer when placing the order or otherwise dealing with the goods or with us. In accepting this contract, you represent and warrant you are the owner(s) of the goods. We will not be held responsible for any loss suffered by any third party as a result of the breach of the warranty that you give to us pursuant to this clause. You agree to indemnify us against any damage or loss suffered or costs (including costs on a solicitor-client basis) incurred (either directly or indirectly) by us as a result of a third party attempting to enforce their rights of ownership in goods that you have stored with us for which they claim they have an ownership interest.
- Prohibited goods: If we know that you are storing, or have reason to suspect that you are storing any of the items listed in clause 10.1 or 10.2 in a crate(s), we may break open your crate(s) to inspect the contents. We shall not be liable to you for breaking into the crate(s) or any damage to the crate(s) or your goods as a result of breaking the crate(s) open. If it is proven that you are storing goods in the crate(s) that are of the type listed in clause 10.1 or 10.2, without prejudice to any other rights that we may have pursuant to these terms and conditions, we will have the option to cancel this agreement with immediate effect, and will return the crate(s) to you at your cost. You further agree to indemnify us for any damage or loss suffered or costs (including costs on a solicitor-client basis) incurred (either directly or indirectly) by us as a result of you having stored those items in the crate(s).
- Our liability to you: We, and our agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to your goods, your other property (during the collection or return of the goods) or injury to persons from any cause other than for breach of law, or a grossly negligent or wilful act or default by us, our personnel or agents, except if any such losses arise from an act by you. Further, we will have no liability to you for damages caused by an act of god, including adverse weather events. If you sustain a loss and your insurance company reimburses/indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against us and our agents for the loss, and you indemnify us against any loss we may suffer because of any such subrogation. If you receive any amounts from your insurance the amounts are to be applied against any losses claimed against us. To the extent you do not sufficiently insure your goods, we shall not be liable for any deficiency, otherwise than in accordance with this clause.
- Events of default: Upon any Event of Default, we may at our sole and absolute discretion exercise these remedies without terminating this contract:
- demand in writing that you collect your goods from us;
- deliver your crate(s) to your address, at your expense;
- reserve the right to break open the crate(s) and sell, donate, or otherwise dispose of the goods. If the goods have been disposed of, the proceeds of sale (if any) shall first be applied towards any outstanding Fees, interest and/or other penalties you owe to us, and any other parties to which you owe monies for the goods (including, collection costs, shipment costs, etc.). Excess monies will be held on your behalf to the extent required by law (subject to service charges); and/or
- you shall continue to pay all sums due under this contract up to and including the date of delivery or collection of the goods as provided in this clause and any administration and disposal charges, which shall be charged to your credit card.
- If we take any action against you under this clause, we shall have no liability to you or anyone claiming on behalf of you. All remedies provided for in these terms and conditions are cumulative and may, at our election, be exercised alternatively, successively, or in any other manner and are in addition to any rights we may have at law. We may include all solicitor client costs incurred in connection with the enforcement of any term of these Terms and Conditions. In the case of an Event of Default you may (at our sole discretion) be denied access to any crate(s) if you fail to pay Fees relating to the storage of the crate(s) by the 5th Working Day after those Fees have fallen due for payment.
- If any dispute occurs between you and us on the construction of these terms and conditions, the provisions of these terms and conditions, or any matter relating to or arising out of these terms and conditions, then such dispute shall be resolved under this clause. You shall not bring any claim against us until all Fees owing by you to us are paid in full.
- You and we agree to do our utmost to ensure that any disputes between us are settled equitably and amicably and in a spirit of compromise and co-operation and (hopefully) without resort to mediation or arbitration. We each acknowledge that one of the principal objectives of the procedure described in this clause is to achieve a non-litigious determination of any matters arising out of these terms and conditions.
- Without prejudice to any other right or entitlement you or we may have under these terms and conditions or at general law, you and we shall attempt to resolve any dispute in good faith by negotiation between us. If any dispute cannot be resolved within 10 Working Days of the dispute arising, then we agree to refer the dispute to a mediator in a non-binding dispute resolution process in which an independent mediator facilitates negotiation between us. Mediation may be initiated by either you or us writing to the other and identifying the dispute being proposed for mediation. The other party agrees to either proceed with such mediation or to at least attend a preliminary meeting with a mediator to discuss whether mediation would be helpful in the circumstances. If we cannot agree on a suitable person to act as a mediator, we will both request that the Arbitrators and Mediators Institute of New Zealand appoint a mediator. The mediation will be conducted under the Mediation Protocol of the Arbitrators and Mediators Institute of New Zealand Inc.
- Any dispute arising out of or relating to these terms and conditions which is not resolved by mediation may be determined by arbitration under the Arbitration Act 1996.