Terms and Conditions
These terms and conditions explain the rights, obligations, and responsibilities of all parties to This Agreement. Where We use the word ‘You’ or ‘Your’ ‘His’ or ‘Her’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means SwiftlyStored. These terms and conditions can be varied or amended subject to prior written agreement.
SwiftlyStored grants the customer a license to occupy a storage unit in accordance with the particulars of This Agreement and it’s general terms and conditions of storage. Our general terms and conditions (current an updated) are accessible on www.SwiftlyStored.com, and can be downloaded in PDF format.
All customer information provided by the customer will be incorporated into files belonging to SwiftlyStored. These files are stored in a secure location, and never given to a 3rd party. The customer has the right to inspect His/Her personal information and, if necessary, ask for the correction of the information.
All indications of storage space offered and storage size suggested are only a guide, the room size may change (larger or smaller) on the move in day.
SwiftlyStored reserves the right to modify at any moment Our terms and conditions (the customer shall be informed on any changes 30 days prior to implementation via the email address given to Us at time of signing the licence agreement) It is Your responsibility to keep Us informed of any changes to Your personal contact details.
1. In these terms and conditions, the following words have the following meanings;
*Opening Hours – Please see Our opening times detailed on Our website.
*This Agreement – these terms and conditions and the information set out in the licence agreement.
*Commencement Date – the date specified in the licence agreement.
*Deposit – the amount specified in the licence agreement.
*Due Date – the date specified in the licence agreement and the corresponding date in each month, specified in the licence agreement or the previous business day if the Due Date falls on a Saturday Sunday or public holiday.
*The Goods – anything You store with Us at any time during This Agreement.
*Single Items – items stored by SwiftlyStored on Our racking system.
*Insurance Option – the obtaining of insurance for The Goods by Us under condition 18A.
*Our Fees – The amount specified in the licence agreement which does not include VAT, which may also be paid by You where it is or becomes applicable.
*Our Rates – the amount charged for Our service/s or any other item/service offered by Us verbally or on Our website.
*Packing Materials – items sold by Us as listed on Our website, that are suitable to help protect Your items whilst being stored with Us.
*Prompt Payment – in respect of payment of each and every sum due under This Agreement, and in respect of any sum being due under any other agreement between You and Us, payment within 7 Days of that sum being demanded in writing.
*The Site – the premises on which Your goods are stored.
*The Website – the internet website provided by SwiftlyStored, to help with placing Your order. The Website and all its information/images remains the property of SwiftlyStored
*Termination Date – The date specified in the licence agreement or the date of termination of This Agreement in accordance with condition 21, 22, 23.
*The Unit/Storage Space – the storage unit/units specified in the licence agreement or any alternative storage unit We may specify under condition 9 and 15.5.2.
*We, Us, Our – the storage provider named in the licence agreement.
*You, Your, His, Her – the customer named in the licence agreement or any representative named in the licence agreement.
2. So long as Our Fees are paid up to date, We licence The Unit to You but no other person.
2.1. To use The Unit for the storage of goods in The Unit in accordance with This Agreement from the Commencement Date until This Agreement is terminated by either party.
2.2 SwiftlyStored reserves the right to change Your Unit for emergency purposes or any reason deemed necessary by the managing director. The Items/Goods will never be moved without the managing director present. Entry to Your Unit will also never be given without the managing director present.
3. Only You and persons authorised in writing or accompanied by You will be allowed to take delivery of The Goods, once the agreement has been terminated. Any such person is Your agent for whose actions You are responsible and liable to Us. You may withdraw any authorisation at any time.
4. We will at any time ask You to remove Your Goods from Our Site;
4.1. If We reasonably believe that The Unit contains any items described in condition 7 or it is being used in breach of condition 8 or such entry is effected incidental to the exercise of our powers pursuant to condition 15.
4.2 If We are required to do so by the police, fire services, local authority or by a court order.
4.3. For any purpose including that in condition 4.1, if we believe it is necessary in an emergency.
4.4. In accordance with conditions 9 and condition 15.
4.5. To prevent injury or damage to persons or property.
5. You warrant that throughout This Agreement, The Goods in The Unit are Your own property or that the person who owns or has an interest in them has given You irrevocable authority to store The Goods in The Unit on the terms and conditions in This Agreement And that You act as a duly authorised agent of any such person. You indemnify Us Against any loss or damage suffered by Us for breach of this warranty including against any loss, damage or expenses incurred by Us (including any reasonable incurred legal fees) arising from any step or action taken by any person who owns or has an interest in The Goods.
6. We reserve the right to refuse to permit You to store any goods or require You to collect any goods from The Unit if in Our opinion the safety of any person on The Site, or the security of The Unit or it’s contents, or other units or their contents would be put at risk by the storage or continued storage of any such goods.
7. Goods not to be submitted for removal or storage;
7.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. The items listed under 7.1.1 below may present risks to health and safety and of fire. Items listed under 7.1.2 to 7.1.13 below carry other risks and You should make Your own arrangements for their transport and storage.
7.1.1 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, firearms and ammunition. Flammable materials, compressed gases, gases, paints, fuels, oils or cleaning solvents. Goods with fuels left inside.
7.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
7.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
7.1.4 Goods, which in Our opinion are hazardous and detrimental to health, dirty or unhygienic – We may refuse such goods without liability to You.
7.1.5 Perishable items and/or those requiring a controlled environment. Food unless securely packed/air tight so as to not attract vermin/pests.
7.1.6 Any living animals, birds, fish, reptiles or plants.
7.1.7 Biological agents, chemicals, radioactive materials.
7.1.8 Other items hazardous to health such as, asbestos and toxic waste.
7.1.9 Goods which require special licence or government permission for export or import.
7.1.10 Items that may give off odour, fumes or smells.
7.1.11 Any illegal substances, illegal items, products or goods illegally obtained.
7.1.12 Goods and products that require specialist climate controlled storage, including but not limited to fine wines/alcohol, vinyl, literature, photos, specialist equipment, antiques and paintings/fine art.
7.1.13 Goods/items that contravene in any way the laws of the United Kingdom.
7.2 SwiftlyStored reserves the right to change/vary the prohibited goods list. Changes will be displayed on the Website. Where necessary changes will be notified to You by the email address You have supplied. It is Your responsibility to review and adhere to the changes.
7.3 If We do agree to store such goods, We will not accept liability for loss or damage unless We are negligent or in breach of contract, in which case all these conditions will apply.
7.4 If You submit such goods without Our knowledge We will make them available for Your collection and if You do not collect them within a reasonable time We may apply for an appropriate court order to dispose of any such goods found in the consignment. You will pay to Us any charges, expenses, damages, legal costs or penalties incurred by Us disposing of The Goods.
7.5 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
8. You must not (and You must not allow any other person to);
8.1. Use The Site as a home or business address and not use the address of The Site for receiving or sending mail;
8.2. Allow any liquid, substance, smell or odour to escape from The Unit or any noise to be audible or vibration to be felt outside The Unit;
9. This Agreement shall not confer on You any right to exclusive possession of The Unit.
9.1. We may at any time by giving You 7 days written notice require You to remove The Goods from The Site, if You are in breech of any term within This Agreement.
9.2. If You do not remove The Goods, on the date specified in Our notice, We will execute Our rights under condition 15.6.
10. You must pay Us Our fees for the minimum deposit period, on signature of This Agreement and thereafter must pay Our fees on the Due Date.
10.1. Payment agreed is required in full by cleared funds in advance of the storage taking place. We reserve the right to refuse the storage booked until the payment is received in full.
11. We may alter Our Fees at any time by giving You written notice and the fee’s shall take effect on the first Due Date occurring not less than 1 month after the date of Our notice.
12. If You do not pay Our Fees on the Due Date, you must pay Us an administration charge for late payment;
- 10 days after invoice due date a charge of £19.50.
- 20 days after invoice due date a charge of £30.00.
- 58 days after invoice due date a charge of £54.00.
- 60 days after invoice due date We will execute Our rights under condition 15.3, to dispose of Your Goods.
13. Additionally, You must pay Us interest on all amounts overdue for payment from You at the rate of 5% above the base rate of the Bank of England, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgement, and whether or not We exercise the right of sale under This Agreement.
14. You must pay Us the Deposit on Your signature of This Agreement. The Deposit will be returned to You (without interest) after This Agreement terminates less any amount We may in Our sole discretion deduct to cover;
14.1. Any of Our Fees which have not been paid or any unpaid services, products or other charges; or
14.2. Any other obligation to Us that You have not performed.
14.3. In the event of contract cancellation 5 days prior to move in, the customer will owe to SwiftlyStored an amount equal to 7 days of rent and Fees. The remainder of the rent(s) and Fees paid upon signature of This Agreement shall be refunded, but any such refund will never happen in cash.
15. The Prompt Payment in advance before the start of each billing period by way of direct debit of each and every sum (including interest) whether invoiced or not, Owing from You to Us. Also for any other products or services you may take from time to time under This Agreement or any other agreement between You and Us (in this condition, called “Your Debt” is of the essence of This Agreement.
15.1. The terms of this condition are additional to and without prejudice to all or any rights We may have at common law or otherwise.
15.2. In default of Prompt Payment of Your debt;
15.2.1. We are relieved of any duty of care howsoever arising in respect of The Goods, and
15.2.2 The Goods are held by Us solely at Your risk and We shall be able to immediately exercise the “lien” described below.
15.3. We have a “lien” over The Goods for Your debt until payment of Your debt in full has been received by Us in cash or, by bank transfer, After this “lien” becomes exercisable by Us, the following conditions shall apply;
15.4. You shall pay Us fees and charges at the same rates as under This Agreement and if This Agreement has been terminated, the relevant rate at which such fees and charges will be payable by You will be the rate which was payable immediately prior to termination and,
15.5. In default of Prompt Payment of Your debt, You authorise Us;
15.5.1. To refuse You and Your agents access to The Goods, The Unit and The Site.
15.5.2. To retain, and/or remove The Goods to another unit or site.
15.5.3. To hold onto and/or ultimately dispose of some or all of The Goods.
15.6. In the event that Your debt is not paid promptly or You fail to collect The Goods after We have required You to collect them or upon expiry or termination of This Agreement, We may, subject to condition 15.8 and 15.9, sell The Goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred buy Us in the sale and removal, and secondly in paying Your Debt and to hold any balance for You. Interest will not accrue to You on the balance held by Us.
15.7. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your debt, You must pay any balance outstanding to Us within 7 days of a written demand from Us which will set out the balance remaining due to Us after the net proceeds of sale has been allocated to Your debt. Interest will continue to accrue on Your debt until payment has been made.
15.8. Before We sell The Goods, We will give You notice in writing by registered or recorded delivery post at Your address as stated in the license agreement or any address in England and Wales notified by You to Us in writing prior to Our notice, specifying any particulars that We have of The Goods, the amount of Your debt at the date of notice (and, in our sole discretion, specifying any amount by which Your debt is increasing after the date of that notice) and directing You to pay and that in default of payment within fourteen days after the date of the notice, We will sell The Goods. We do not agree to give You any further notice of any intended sale.
15.9. We will sell The Goods by the best method(s) reasonably available to achieve the best selling price reasonably obtainable in the open market, taking into account the costs of sale.
15.10. 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.
15.11 if The Items/Goods have been sold and there is some monies owing to You, SwiftlyStored will take all reasonable efforts to return the monies to You. If after sixty days from the date of the written notice, SwiftlyStored may keep possession of the monies for its own account.
16. Because the nature and type of goods being stored by You from time to time is entirely within Your discretion (subject to condition 7 and 8) You must ensure that The Unit is suitable for the storage of The Goods that You store or intend to store in it. We do not warrant or represent that any unit allocated to You is a suitable place or means of storage for any particular goods. We strongly advise You to inspect The Unit before storing goods in The Unit and from time to time throughout the period of This Agreement.
17. In the event that You do not pay any fees or charges, The Goods are left in The Unit at Your sole risk. We exclude any liability in respect of The Goods when payment of Our fees or charges are overdue and exclude any duty of care howsoever arising.
18. Unless condition 18A applies We do not insure The Goods. Whilst in storage, customers goods must be insured. To facilitate this, SwiftlyStored offers through its insurance broker a tailor made customer goods insurance. In the event that You the customer have their own insurance policy to cover the goods stored, Our name and address must be included on the document.
18.1. Storage of goods in The Unit is at Your sole risk.
18.2. Subject to condition 18A You warrant to Us as follows;
18.2.1. That prior to bringing The Goods on to The Site You have insured The Goods against all normal perils and a valid contract of insurance with a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst The Goods or any of them remain on The Site and will whenever a policy is changed or renewed provide Us physical proof of the new policy document; and
18.2.2. That the insurance cover will not be for a sum which is lower than the replacement value of The Goods stored in The Unit.
18.3. We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profit or business interruption, and all liability in respect of loss or damage to The Goods caused by normal perils, including as a result of negligence by Us, Our agents and/or employees above the sum of £50 which We consider to be the normal excess on a standard household insurance policy whether or not that policy would cover The Goods.
18.4. Normal perils in this condition mean loss of or damage to goods caused by fire, lighting, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage and impact by vehicles.
18.5. You warrant that;
(a) You have declared the true total value of all The Goods; and
(b) The value of The Goods stored in The Unit or transported by Us to The Unit will not exceed that value; and this warranty is repeated by You to Us at each Due Date.
18.6. Limitation of liability due to Your under-evaluation.
18.6.1. In the event the true total value of The Goods as stated by You is less than the actual aggregate value of The Goods, any liability We or Our insurers have in respect to any claim shall be reduced by the percentage by which the stated value is less than the actual value.
18.6.2. In the event that the value of any of The Goods exceeds 10% of the true total value of The Goods as stated by You but such Goods were not declared in accordance with condition 18.5(a) Any liability We or Our insurers have in respect to a claim in respect to those Goods shall be capped at 10% of the true total value stated by You (or such lower figure as may apply by virtue of condition 18.6.1.)
18A This condition applies only if You have accepted Our insurance option, in that event, the following provisions of this condition 18A shall apply.
18A.1. We shall take out and maintain a contract of insurance in accordance with the (value of goods) provided to Us by You. For The Goods and for the purposes of such insurance cover, the replacement value of The Goods shall be the true total of the value of The Goods stated by You under condition 18.5(a).
18A.2. 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. 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, 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. In addition, We will send to You a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). 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].
18A.3. 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.
18A.4. We do not give any advice concerning the insurance cover referred to in condition 18A.1 and it is for You to make your own judgement whether such insurance is appropriate to cover The Goods, and risks to them.
18A.5. If this condition 18A applies then condition 18.2. of The Agreement shall not apply.
18A.6. Nothing in the condition 18A shall make Us Your agent.
19. You will indemnify Us against all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our contractors, agents or other unit users or persons on The Site which arise out of the use of The Unit or The Site by You or any of Your servants, agents or invitees that arise out of the breach of This Agreement by You.
20. In the event of circumstances which are outside Our reasonable control and their consequences, We do not agree and are not obliged by This Agreement to maintain the safety or security of The Goods, The Unit or The Site in order to keep The Goods free from damage or loss. neither You nor We shall have any liability under or be deemed to be in breach of This Agreement for any delay or failure in performance of This Agreement which result from circumstances beyond the reasonable control of that party. Such circumstances include any act of God, riot, strike or lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including The Unit or The Site by, or arrest or seizure or confiscation of goods by competent authorities.
21. This Agreement shall expire on the Termination Date or as described in condition 22.
22. Either You or We may terminate This Agreement;
22.1. By giving not less than 14 days written notice to the other ending on any date and termination will take effect from that date which shall be the Termination Date; or
22.2 Should You have taken any promotion offered by Us and request termination of Your agreement before the promotion date has expired, payment owing to Us will be adjusted to full rate.
22.3. Immediately by giving written notice to the other, if You commit a serious breach of any term of This Agreement and (in the case of a breach capable of being remedied) shall have failed within 14 days after service of a notice to do so, to remedy the breach. Serious breach includes a failure by You to pay all Our fees and other charges due to Us under This Agreement. The Termination Date shall be the date the notice is effectively served on You in accordance with condition 34.
23. Immediately on the Termination Date, You must remove all goods from The Unit and leave The Unit clean and tidy and in the same condition as at the Commencement Date. If You do not do so, You shall pay Our costs of cleaning The Unit or disposing of any goods or rubbish left in The Unit or on The Site. In default of Prompt Payment of Our Fees and any payments due to Us under This Agreement, We are relieved of any duty of care howsoever arising in respect of The Goods and they are held solely at Your risk. We may treat goods remaining in The Unit after the Termination Date as abandoned and may dispose of them in accordance with condition 15.6 and 15.8.
24. Where This Agreement has terminated and You have paid more of Our Fees and chargers than are due at The Termination Date, We will refund the balance to You after deduction of any payments due to Us as if the balance were a deposit under condition 14. No interest will accrue on any money held by Us for You. Where any payments are still outstanding from You, You must pay Us in full including any outstanding interest before We will release The Goods to You.
25. You agree to examine The Goods carefully upon removing them from The Unit and must tell Us about any loss or damage to The Goods upon removal of The Goods or in any event within 2 days. Our liability for Your items/goods will cease upon handing them over to You or Your representative.
26. Any delay by Us in exercising any of Our rights under This Agreement will not affect Our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
27. Every provision in This Agreement is severable and distinct from every other provision and if at the time one or more of such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.
28. This agreement can only be varied in writing and signed by one of Our directors, none of Our other employees, agents or contractors have any authority to vary This Agreement on Our behalf whether orally or in writing or to make any representation of fact that is or may be inconsistent with the terms of This Agreement.
29. You may not assign any of Your rights under This Agreement or part with possession of The Unit or The Goods whilst they are on The Site to any other person, firm or company and a breach of this condition is a serious breach under condition 22.2.
30. You agree that it is not the intent of This Agreement to confer any rights on any third parties by virtue of This Agreement and accordingly the contracts (Rights of Third Parties) Act 1999 shall not apply to This Agreement.
31. This Agreement shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts.
32. This Agreement shall not create a tenancy or constitute Us as bailees of goods.
33. Where You are two or more persons Your obligations under This Agreement shall be obligations of each of You separately.
34. Any notice given under This Agreement must be in writing and may be served by personal delivery to the person notified or their address or by pre-paid post. Your address for service of notices shall be Your address written on the licence agreement or any other address in England which You have previously notified to Us in writing. Any notice to You will also be sent to any owner (whether sole, joint, or co-owners) the name and address of whom We have been previously notified by You. Any notice to Us must be sent to Our address set out on the licence agreement. A notice will be deemed as served at the time of personal delivery or forty eight hours after it has been placed in the post.
35. You consent to Our use of the information given by You, including Your personal information, for Our own record keeping and account management, marketing to You and to improve Our products and services to You. We will not sell or lease Your information to third parties unless We have Your permission or are required by law to do so.
36. Before taking any court proceedings for anything arising out of This Agreement (apart from emergency court proceedings) the complaining party shall inform the other person in writing of the dispute in as much detail as possible and You and We agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, You and We agree to use the centre for alternative dispute solution to try to resolve the dispute amicably by using an alternative dispute resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within ninety days after notice of dispute has been given, You or We may submit the dispute to the court. This condition does not affect the rights of either You or Us to terminate This Agreement.
37. Further Expressions of Liability
Other than as a result of Our negligence, We will not be liable for loss and/or damage to Your items/goods as a result of;
37.1 Natural or gradual deterioration due to changes in atmospheric conditions out of Our control such as dampness, mould, mildew, rusting, tarnishing, corrosion.
37.2 Cleaning, repairing or restoring items as listed in condition 37.1.
37.3 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment.
37.4. For any items/goods which have a pre-existing defect or are inherently defective.
38. This Agreement is the entire agreement between the parties and supersedes and replaces any previous agreements.
39. Ownership of Rights
All rights, including copyright in respect of The Service and The Website are owned by SwiftlyStored.