By purchasing or using any of Happy2boxit’s Services, you confirm you have agreed to the Terms of Use and read and understood our Privacy Policy and Cookie Policy.

This Personal Property Storage Agreement (“Agreement”) is entered between you (referred to as either “You” or “your”) and Happy2boxit Ltd, (referred to as either “Boxit”, “we”, “our” or “us”). Boxit will provide the moving and storage of your boxes and personal property from your designated address to Boxit’s storage location and the return of same back to you in accordance with the terms and conditions of this Agreement. Please read this Agreement carefully.

Definitions

The defined terms in this Section 1 are used throughout this Agreement and shall have the following meanings. All terms not defined should be defined with logical reasoning and appropriate judgement. “Item Plan” means the individual storage plans for each specific Property. “Space Plan” means the storage plan for a fixed amount of space, and the Property held within that fixed amount of space. “Box” or “Boxes” mean the carton or cartons containing your materials to be stored by Boxit under this Agreement and shall include cartons provided by Boxit (“Boxit Box”) as well as your own. “Tape” means the packing tape used to seal a Box under this agreement as your own. “Boxit Website” means the Boxit website located at https://www.boxituk.com as well as any web pages under the domain. “Boxit Supplies” means any and all packing materials supplied by Boxit on your behalf under this Agreement and shall include Boxit Boxes, and any other packing supplies. “Property” means any and all items stored or held by Boxit on your behalf under this Agreement, including all items contained within a Box and the box itself, individual items not stored within a Box, and boxes and items stored within a Space Plan. “Services” means the services provided by Boxit under this Agreement, including all box drop-off, pick up, labour and moving, transportation, storage, and delivery services. “Appointment Dates” mean any date where Boxit will be meeting with You, including but not limited to “Box Drop-Off Dates”, “Pickup Dates”, or “Delivery Dates”. “Start Date” means the date that Boxit picks up Boxes or other Property from You. “Storage Term” means the storage duration used per billing cycle of 1 week, in respect to the pickup dates (“Pickup Dates”) and return dates (“Delivery Dates”) listed on our Website. “Box Drop-Off Dates” means the dates when Boxit Supplies (i.e. Boxit Boxes) are supplied to You.

Term

This Agreement will begin and be binding according to the terms herein on the Start Date and continue on a Storage Term-to-Storage Term basis afterwards until terminated by You or Boxit.

Modifications

Boxit reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Scheduling Services

You must schedule all Services in advance by using our Website, or contacting us directly through phone call, email, or live chat. Availability displayed on our website may at times be inaccurate. Boxit will try to meet your requested scheduling of certain dates and times, but cannot guarantee them. Scheduling is based on our availability and discretion, and Appointment Dates may be changed or canceled by Boxit at any time.

You or someone You have authorised must be present at your designated address at the date and time of each scheduled pick-up or delivery. Otherwise, we will not pick up or deliver your Boxes or Property, and You will be charged for the Service as if it were completed, along with a cancellation fee. You may cancel any scheduled Services without a cancelation fee if You provide us with at least 72-hours’ advance notice of your Box Drop-Off Date or Pickup Date (only if You did not request any Boxit Supplies).

Bill of Lading and Warehouse Receipt

Boxit’s representative attending to pick up Boxes and Your Property will issue to You a “Bill of Lading and Warehouse Receipt”. This receipt document will serve: (i) as confirmation of the number and apparent order and condition of the Boxit Supplies supplied to You by Boxit, (ii) as confirmation of the number and apparent order and condition of the Boxes and Property received by Boxit for carriage and storage subject to any notations listed thereon at the time of receipt, and (iii) as confirmation of the number and apparent order and condition of the Boxes and Property delivered to you by Boxit from storage subject to any notations listed thereon at the time of delivery to you. Boxit has the right to sign this receipt document on your behalf at any time based on our own confirmation, verbal confirmation from You, or social distancing circumstances.

Pricing

Boxit’s rates and charges are published on our Website and may be altered by Boxit at any given time.

Storage Charges

If you purchase an Item Plan, you will be charged a storage charge per Box, or per item of Property (not stored in a Box). Storage charges are charged per Storage Term equal to one (1) week, and automatically renewed on a term-by-term basis until terminated. Storage charges are payable to Boxit for each Storage Term on the “anniversary” of the Start Date.

You agree to pay a minimum of one Storage Term of storage charges for all Property stored under this Agreement, even if You store your Property with us for less than one (1) week. Storage charges will not be prorated or adjusted for Property stored for partial months.

Storage charges vary depending on Property stored, their item category, and/or the specific fixed amount of space purchased. Images and examples of specific items and fixed spaces on the Website are for reference purposes only, and final categorization is at the discretion of Boxit. Boxit has the right to categorize items in their appropriate category and adjust storage costs if required.

If a Box or Property does not fit into a specific Item Plan category, you may create a “Custom Item” based on the Box or item of Property’s proper and accurate dimensions. Boxit has the right to categorize Custom Items into Item Plan categories if appropriate, and adjust storage charges accordingly. Boxit also has the right to measure all Property and Custom Items, and adjust the Item Plan or recorded Custom Item dimensions, and adjust storage charges accordingly.

If you have purchased a Box, and the amount of Property does not fit into the specific Box, Boxit has the right to upgrade and adjust storage charges accordingly. Boxit also has the right to measure all Property, and adjust storage charges accordingly based on the amount of space required for storage.

You are entitled to a full or partial refund of your order, minus a 5% processing fee, within seven (7) days of the purchase date or within the time between your purchase date and seventy-two (72) hours before your Box Drop-Off Date or Pickup Date (only if You did not receive any Boxit Supplies). After these given time periods, there are no refunds.

Non-Storage Charges

All other Services, including for appointments, cancellation fees, rescheduling fees, missed appointment fees, late fees, fees for misdemeanours, the drop-off of Boxit Supplies, the pickup or delivery of Boxes or Property, labour and moving, or any other fees, will be charged to You at the current rates published on the Boxit Website or determined on a case-by-case basis.

Appointment Options

When selecting appointment dates for services, you are presented with different options. You acknowledge that each option has different appointment date availability, and is also priced differently. Prices for each option, for each type of service, is shown to you during booking, and may be categorized under different names.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Payment; Overdue Payments; Abandonment

You authorize Boxit to automatically charge all applicable charges to the credit card on file with Boxit. You will be subject to an Overdue Payment Fee if payment is still not received after an additional 2 attempts within 7-days of the initial charge attempt. Storage plans that are 45 days overdue will be considered abandoned, and all associated items and Property will immediately be deemed property of Boxit.

Coupons

Boxit reserves the right to modify or cancel coupons at any time. If you do not purchase qualifying Services or meet the coupon requirements, the coupon will not apply. If you return any of the Services purchased with a coupon, the coupon discount or value may be subtracted from the return credit. Boxit has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. Coupons are not redeemable for cash, credits, or gift cards, nor is it valid towards previous purchases. Coupons may not be combined with any other coupons, discounts, offers, or promotions. Void if altered, copied, transferred, auctioned or sold. No rain checks issued. Coupons are void if restricted or prohibited by law.

You understand that other restrictions, terms, and conditions may apply. Please contact Boxit for more details on specific coupons.

Responsibility for Boxes, and Property

You are responsible for: (i) picking up your Boxit Supplies from Boxit representatives on your Box Drop-Off Dates (ii) checking your Boxes to make sure they are in good condition before loading them with your Property; (iii) properly sealing each Box and mattress bag with Tape before pick-up; (iv) packing and cushioning all Property to help protect against loss or damage due to overloading, shifting or movement of the Property in the Box during normal transportation to, from or within the storage facility; (v) ensuring the accuracy of any description of Boxes and/or Property listed on Boxit’s Bill of Lading Form and (vi) unpacking each Boxit Box upon final delivery to You at the end of the storage period. You are responsible for any damage to, loss or theft of a Boxit Box while in your possession, and must reimburse Boxit for all expenses reasonably incurred by Boxit to replace or restore any Boxit Box that is damaged, lost or stolen while in your possession. The replacement fee for a single Boxit Box is £1.00 GBP. Such additional costs, if any, will be charged to your account. Boxit is not responsible for ordinary wear and tear to your Property while in storage or in transit, or for any damage to your Property caused by shifting or movement of your Property in Boxes during normal transportation, or shipping of your Property to or from the pickup and delivery locations.

Boxitis not liable for any sort of damage that occurs to electronics and fragile items, including but not limited to TVs, monitors, computers, audio/visual equipment, antiques, and limited art pieces. In addition, while we make every attempt to ensure your items are handled with care, Boxit is not responsible or liable for any cosmetic damage to all Property such as suitcases or baggage, including but not limited to normal wear and tear, scratches, scuff marks, stains, dents and dirt. Boxit is also not responsible or liable for damage that occurs due to the overpacking or poor quality of boxes, suitcases, baggage, or any other storage containers or Property.

Pickup of Boxit Boxes

Boxit Boxes are only provided if they are intended to be stored with Boxit, and an active, appropriate, and corresponding Item Plan. If you order a BoxitBox, You agree that you have the intention of using the Boxit Box to pack your items with, and have Boxit pick up the Box in a packed condition to store, in correspondence to your booking. If You fail to provide Boxit with the Box(es) in a packed condition, you are subject to a Box Replacement Fee of £1.00 GBP per box. You then authorize Boxit to automatically charge all applicable charges to your payment method on file with Boxit.

Returning Boxit Boxes

Unused Boxit Boxes can be returned during Pickup Appointments provided they are in the same condition they were received in, untampered with, and can be reused for commercial purchases at a high standard. If You return Boxit Boxes, You are subject to a Box Restocking Fee of £1 GBP per box. You then authorize Boxit to automatically charge all applicable charges to your payment method on file with Boxit.

Maximum Weight Limit for Items

The maximum weight limit for each item or box is 25 KG. Boxit reserves the right to refuse to pick up any item that it believes exceeds the maximum weight limit. Boxit also reserves the right to weigh all Boxes, Items, and Property. If the published maximum weight limit is exceeded by the item, a Heavy Item Fee of £10.00 GBP will be charged each pickup or delivery.

Right to Reject Items and Refusal to Enter Premises

Boxit reserves the right to reject any items that do not comply with our standards, do not fit within our means of transportation or storage, are improperly packed, or are of poor cleanliness. This includes the right to refuse entering any premise that is deemed to be hazardous or unsanitary, as well as reject any item that does not comply with our standards in cleanliness or hygiene. Boxit also reserves the right to reject any mattresses that are not fully sealed in a proper mattress bag, mattresses of poor cleanliness (no matter if they are sealed in a mattress bag or not), or mattresses that we suspect to contain foreign contamination (i.e. bed bugs). Boxit also reserves the right to reject any glass items that are not adequately prepared for transportation and storage.

Limitation of Liability

Please read this entire Section carefully as it affects your legal rights.

Maximum Value of Property

You declare, for the purposes of this Agreement, that the maximum value of all Property carried, stored or held by Boxit under this Agreement does not be deemed to exceed £0.50 GBP per pound, up to £200 GBP per item, and £1000 GBP in total, unless Boxit agrees in writing to a higher value and subject to an increase in the applicable charges.

Limitation of Boxit’s Liability for Loss or Damage to Property

In the unlikely event that any loss, damage or destruction of Property occurs in connection with the provision of the Services herein, Boxit shall not be liable unless and to the extent the loss, damage or destruction resulted from Boxit’s failure to exercise such care as a reasonably careful person would exercise under like circumstances. If Boxit is liable, the amount of damages You may claim from Boxit for any such loss, damage or destruction of Property is limited to £0.50 GBP per pound, and a maximum aggregate value of £200.00 GBP per item, and a total of £1000 CAD in total.

For an Item to qualify for our Insurance Policy, it must meet the following three criteria:

• The Item is not a Fragile Item, Valuable Item, Item of Exceptional Value, or Prohibited Item, as such terms are defined in our Fragile Items Policy and Terms Of Use

• The Item must be readily replaceable and cannot derive its Exceptional Value from its uniqueness, rarity, historical significance, and/or sentimental value

• The Item must have its replacement value accurately declared by you through email (happytoboxit@gmail.com), with rational support, and that value must be less than the limit of our Insurance Policy. Boxit reserves the right to refuse to store any item we determine (at our sole discretion) has a stated value that is incorrect

Boxit is not liable for any sort of damage that occurs to Fragile Items, as defined in our Fragile Items Policy. Fragile Items include, but are not limited to, TVs, monitors, computers, audio/visual equipment, antiques, and limited art pieces. In addition, while we make every attempt to ensure your items are handled with care, Boxit is not responsible or liable for any cosmetic damage to all Property such as suitcases or baggage, including but not limited to normal wear and tear, scratches, scuff marks, stains, dents and dirt. Boxit is also not responsible or liable for damage that occurs due to the overpacking or poor quality of boxes, suitcases, baggage, or any other storage containers or Property.

No Consequential Damages

In no event shall either party be liable for any consequential, incidental, special or punitive damages, or for loss of profits, regardless of whether an action is brought in tort, contract or under any other theory.

Termination Rights

Either party may terminate this Agreement within seven (7) days of the purchase date or within the time between your purchase date and seventy-two (72) hours before your Box Drop-Off Date or Pickup Date (only if You did not receive any Box or Supplies). If the Agreement is terminated within this given time period, You are entitled to a full or partial refund of your order, minus a 5% processing fee. After these given time periods, there are no refunds.

Prohibited Property and Hazardous Substances

You agree not to store with Boxit or place in Boxes any living things, fragile materials, perishables, liquids, firearms, explosives, flammables of any kind, drugs or drug paraphernalia, stolen items, illegal items, any material that may attract vermin or insects, anything that is otherwise dangerous or unsafe to store or handle, or any material that is regulated by federal or provincial law or regulation relating to the environment or hazardous materials. You agree not to store valuable documents, cash, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced. Boxit reserves the right to refuse pick-up or request immediate removal of a Box or Property for any reason, including where it believes: (i) contains any prohibited Property or hazardous substances described in this Section; or (ii) represents a risk to the safety of any person, the security of the storage facility, or any other property stored at the storage facility.

Temperature and Climate Control

Boxit will use reasonable efforts to maintain the temperature and climate of the storage facility in which your Property is stored between 12°C and 30°C and between 40% and 60% humidity. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, we cannot guarantee that mold or similar microorganisms may not develop on your Property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your Property. You assume the risk that mold or similar microorganisms could develop under these circumstances.

Right to Inspect

In the event of an emergency, suspected criminal activity, suspected storage of prohibited property or upon default of any of your obligations under this Agreement, Boxit shall have the right to inspect the contents of the Boxes and Property. Boxit is also authorized to comply with any subpoena, search warrant or similar government order related to the Property and shall not be liable to You for any loss or damage to the Property resulting from any such order.

Ownership Warranty

You warrant that You are the owner of the Property and have full authority to store the Property in accordance with this Agreement. You will be required to reimburse Boxit for any expenses reasonably incurred by us (including reasonable attorneys’ fees) by reason of our compliance with your instructions in the event of a dispute concerning the ownership, custody or disposition of your Property.

Lien and Security Interest

In addition to any rights as exist at law, Boxit has and claims a general lien on all of your Property stored by Boxit for the following amounts, both presently incurred or to be incurred in the future: (i) storage charges and other Service charges; (ii) expenses necessary for preservation of your Property; (iii) expenses reasonably incurred by Boxit in the sale of your Property pursuant to applicable law; (iv) costs incurred by Boxit to enforce our rights under this Agreement (including interest, attorneys’ fees and costs); and (v) other similar charges and expenses related to other Property, even if such Property has already been returned to You. Boxit further reserves a security interest in all Property described above (and the proceeds thereof) for all such charges, liabilities and expenses to the fullest extent the above described lien is prohibited by or is otherwise not permitted by law.

Disposal or Sale of Your Property upon Default

YOUR PROPERTY MAY BE SOLD TO SATISFY THE LIEN OR SECURITY INTEREST AS SET FORTH IN SECTION 14 IF YOU ARE IN DEFAULT. You will be in default under this Agreement if You fail to pay charges to Boxit when due. Boxit will provide You with a written notice of default by email, and if You fail to pay the amounts due or reclaim your Property within the time limit stated in the notice, Boxit may sell or otherwise dispose of your due or reclaim your Property within the time limit stated in the notice, Boxit may sell or otherwise dispose of your Property as permitted by applicable law. You will be responsible for all costs reasonably incurred by Boxit in connection with any such sale or disposal of your Property.

Photography, Audio, and Video Recording

When You are purchasing or using any of Boxits Services, photography, audio, and video recording of You, your Property, or your residence may occur.

By purchasing or using any of Boxit’s Services, You consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Boxit and its affiliates and representatives. Images, photos and/or videos may be used to promote Boxit’s Services and shared on social media. You release Boxit, its employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.

By purchasing or using any of Boxit’s Services, You waive all rights You may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication. You also waive any right to inspect or approve any photo, video, or audio recording taken by Boxit or the person or entity designated to do so by Boxit.

Waiver

If You fail to perform any obligation or are in default under this Agreement and we waive our right to exercise our remedies against You, such waiver is effective only in that instance and does not mean we waive any of our rights for any other failure or default by You.

Release of Your Information

You authorize Boxit to release any information related to You and your storage of Property under this Agreement as may be required by law or required by governmental authorities or agencies, law enforcement agencies or courts.

Limited Warranty and Disclaimer

Boxit warrants that the Services will be provided in a professional and workmanlike manner by personnel trained with respect to the Services. Except as provided in this Section, Boxit makes no representations or warranties of any kind, and expressly disclaims all other warranties, whether express, implied or statutory, including without limitation any warranty of merchantability or fitness for a particular purpose.

Governing Law

This Agreement, and all matters arising under or relating to this Agreement, shall be governed by and construed in accordance with the laws of the province where the Services are to be provided, without regard to its conflict of law principles.

Notice of Loss, Damage or Destruction of Property; Filing of Actions

You agree to use your best efforts to notify Boxit as soon as possible after delivery or return of your Property if You believe that any of your Property has been lost, damaged or destroyed by Boxit. Unless otherwise expressly provided by law, no action may be maintained against Boxit for loss, damage or destruction of your Property, unless You have notified us as provided in this Section 21, and unless such action is commenced within the earlier of one (1) week after (i) the Delivery Date or return of your Property; or (ii) the date Boxit notifies You of the loss, damage or destruction.

Notices

All notices from Boxit shall be sent to the e-mail address or phone number You provide to Boxit. Notices shall be deemed given when sent by e-mail or made by phone. All statutory notices shall be sent as required by law. You agree to give prompt written notice to Boxit of any change to your contact information or address.

Other Rights

Boxit, in addition to all other rights and remedies it has under this Agreement, may exercise any right or remedy with respect to the Property that it may have under applicable law or in equity.

Severability

If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

Survival

Any provision of this Agreement which imposes an obligation after termination of this Agreement shall survive the termination of this Agreement.

Permission to Communicate

You recognize that You are entering into a business relationship with Boxit, and hereby consent to Boxit phoning, faxing, texting, e-mailing and using social media to communicate with You for business-related communications and collection notices.

Force Majeure

Neither party shall be liable for delay or inability to perform any of its obligations under this Agreement to the extent caused by acts of God, or other events beyond its reasonable control, including but not limited to governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays or severe weather conditions.

Subcontracting and Assignment

Boxit may subcontract its obligations under this Agreement, in whole or in part, to its affiliates and third party vendors and subcontractors. Boxit may assign this Agreement, in whole or in part, to an affiliate or other third party upon sale or merger of Boxit without your prior consent. You may not assign this Agreement in whole or in part without Boxit’s prior written consent.

Entire Agreement

The terms and conditions contained in this Agreement constitute the entire understanding between You and Boxit with respect to the subject matter of this Agreement and supersede all previous or contemporaneous oral or written communications, representations, agreements and understandings relating to the Services. No representations, inducements, promises or agreements, whether oral or otherwise, between You and Boxit that are not contained in this Agreement shall be of any force or effect. Without limitation to the foregoing, the terms and conditions of this Agreement shall govern to the exclusion of any carriage and/or storage terms and conditions inconsistent therewith that may be deemed to apply in accordance with the laws of the jurisdiction(s) in which the Services are to be provided.