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Terms and Conditions

Monthly contract between store:it and the Customer

Please note that these terms and conditions are accepted during customer registration. You must read them in detail. By registering, making payment and transferring your content to store:it, you agree to these terms and conditions.

Owner of the facility: Deposito 365 SL, also known as Deposito 365 SL, also known as Deposito 365 SL. store:it

store:it e-mail address: hola@store-it.es

Please let us know immediately if your contact details, including address, change.

KEY POINTS

Type of contract: This is a monthly recurring contract that can be cancelled at any time and runs continuously until cancelled.

Notification period: Notification may be made at any time. No further charges will be made after notification and the Customer will have access to their unit until midnight of the first month after their last payment.

The customer owns or is authorized to store the goods.

Storage fees must be paid in advance and on time.

If you fail to comply with the terms of this agreement, store:it has certain rights including the right to terminate access to your unit, to seize and sell and/or dispose of your property.

The customer must keep the unit safe.

The customer must not store dangerous, noxious, illegal, stolen, perishable, environmentally harmful or explosive goods.

The customer must verify that the unit is suitable for storing the products.

Store:its liability for loss or damage to goods is limited to €100.

Storage of the goods is at your own risk. You must take out insurance.

store:may use and share your personal and other data in certain circumstances.

TERMS AND CONDITIONS OF THE AGREEMENT

STORAGE:

Provided all fees are paid in good standing, Customer: (a) is licensed to store Goods in the Unit assigned to it by store:it from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or is authorized by law to deal with them in accordance with all aspects of this Agreement as agent for the owner.

2. store:it(a) does not have and shall not be deemed to have knowledge of the Goods; (b) is not a bailee or custodian or warehouseman of the Goods and Customer acknowledges that store:it does not take possession of the Goods; (c) does not grant any lease or rental agreement for the Unit; and (d) provides unit sizes that are approximate and there may be slight variations in the size and dimensions of your unit from those described. By signing this contract, you agree to the actual unit size you use and not any unit size depicted.

COST:

3. The customer is responsible for payment:

(a) the Storage Fee (being the amount set out on the store:it website at store:it.es at the time of booking, as otherwise agreed or as most recently notified to the Client by store:it ) payable in advance on the first day of each storage period (Due Date) and it is the Client's responsibility to ensure that payment is made directly to store:it on time and in full for the entire storage period. store:it will not accept that payment has been made until it has received cleared funds.

(b) a possible Cleaning Fee, which will be billed at the store: discretion in the circumstances described in this Agreement.

(c) any costs incurred by store:it to collect past due or unpaid Storage Fees, or to enforce this Agreement in any manner, including, without limitation, postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees.

(d) any governmental taxes or charges (including any value added tax) levied on any supply made under this Agreement. Where Customer has more than one agreement with store:it, they will all form one account with store:it and store:it may, in its sole discretion, elect to apply any payments made by or on behalf of Customer under this Agreement against the oldest Debt owed by Customer to store:it in any agreement on the account.

NON-COMPLIANCE - RIGHT TO SELL OR DISPOSE OF PROPERTY:

4. store:it takes the issue of timely payment very seriously and has a right of lien. Notwithstanding Condition 34, if any sum due to store:it is not paid by the due date, the Customer authorizes store:it without notice to:

(a) deny Customer and its agents access to the Goods, the Unit and the Facility and block the Unit until the amount due and all interest and other charges related thereto (Debt) have been paid in full.

(b) enter the Unit and inspect and/or remove the Goods to another unit or site and charge the Customer for all reasonable costs of doing so on any number of occasions.

(c) apply additional charges against the Indebtedness and, if insufficient to discharge the Indebtedness in full, retain and/or ultimately sell or dispose of some or all of the Assets in accordance with Condition 7.

Customer acknowledges that (a) store:it shall be entitled to continue to charge for storage from the date the Debt is due until payment in full is made or the Goods are sold or disposed of; (b) store:it shall sell the Goods as if store:it were the owner and transfer all ownership rights in the Goods to the purchaser; and (c) if the Customer fails to pay the fees on the Due Date, the value of any discounts and special offers (including free storage periods) received by the Customer shall be payable by the Customer in full.

5. Upon expiration or termination of this Agreement, if Customer fails to remove all Goods from the Unit, Warehouse: is authorized to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6 through 8. Customer is responsible for Warehouse Fees for the period from abandonment to sale or disposal of the Goods (Debt).

6. Before store:it sells or disposes of the Goods, it will send the Customer a written notice instructing the Customer to pay (if the Customer is in default) or collect the Goods (if deemed abandoned). This notice will be sent by registered or recorded mail to the last address notified by the Customer to store:it in writing and by email if the Customer has elected not to receive traditional mail. If no address has been provided, store:it will use any land or email address it has for the Customer. If Customer fails to pay the Debt and/or collect the Goods (as applicable) within one month of this notice, store:it will access its space and begin the process to sell or dispose of the Goods. Customer consents to and authorizes the sale or disposal of all Goods without notice regardless of their nature or value. store:it will sell the Goods at the best price reasonably available on the open market, taking into account the costs of sale. store:it may also require payment of the costs of the default action, including costs associated with accessing the Unit and disposing of or selling the Goods, which will be added to the Debt.

7. The proceeds of the sale will be applied first to the cost of removal and sale of the Goods and second to the payment of the Debt. If the proceeds of sale do not cover all of these costs and the Debt, Customer must pay store:it the balance within 7 days after written request from store:it. store:it may take action to recover the balance and any legal and administrative costs incurred in doing so. If the sale proceeds exceed the amount owed by Customer, store:it will retain the balance for Customer, but no interest will accrue on it.

8. If, in the opinion of store:it and at the sole discretion of store:it, a defaulting Customer's Goods are unsalable, unsaleable when offered for sale or of insufficient value to justify the expense of attempting to sell them, the Customer authorizes store:it to treat the Goods as abandoned and store:it may dispose of all Goods by any means at the Customer's expense. store:it may dispose of the Customer's Goods in the event that the Goods are damaged due to fire, flood or other event which has left them, in the opinion of store:it, severely damaged, of no commercial value or dangerous to persons or property. store:it does not need the Customer's prior approval to take this action, but will send a Notice to the Customer within 7 days of assessing the Goods.

9. Any items left unattended in common areas or outside the Customer's Unit at any time may, at the discretion of the store, be moved, sold or disposed of immediately without liability to store:it.

ACCESS:

10. Customer is entitled to access the Unit during the Access Hours posted by store:it and subject to the terms of this Agreement. store:it will attempt to provide advance notice of changes to the Access Hours by posting a notice on the Facility, but reserves the right to change the Access Hours temporarily to other reasonable times without giving prior notice.

11. Only the Customer or other persons authorized or accompanied by the Customer (its Agents) may access the Unit. The Client is responsible and liable to store:it and other users of the Facility for its own actions and those of its Agents. store:it may (but is not obliged to) require proof of identity from the Client or any other person at any time and, in its sole discretion, may deny access to any person who cannot provide satisfactory proof.

12. store:it may deny the Client access to the Unit and/or the Facility when the Client owes money to store:it, whether or not a formal demand for payment has been made, or if store:it believes that the safety of any person, unit or property on or in the Facility will be at risk.

13. The Client must not share access to the Unit or allow access to the Unit to any person other than its own Agent, who is responsible to the Client and subject to its control. If the Client does so, it does so at its own risk.

14. Customer authorizes store:it and its agents and contractors to enter the Unit in the following circumstances and to break any locks if reasonably necessary to enter: (a) with not less than 7 days' notice to inspect or make repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if store:it believes that the Unit is being used to store prohibited goods or for a prohibited purpose; or if store:it is required to do so by law, by the Police, the Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or to exercise the lien or power of sale or disposal of store:it pursuant to this Agreement.

CONDITIONS:

15. store:it shall not be responsible for locking any unlocked Unit. Where applicable, Customer shall secure the external doors and/or gates of the Facility.

16. The customer must not store (or allow any other person to store) any of the following items in the Unit:

(a) food or perishable products unless they are securely packaged so as to protect them from insects and not attract them.

b) any living creature.

(c) combustible or flammable substances, such as gas, paint, gasoline, oil, cleaning solvents or compressed gases.

d) firearms, explosives, weapons or ammunition.

e) chemical products, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances.

(f) any article that emits fumes or odors.

(g) any illegal article or substance or illegally obtained goods, such as illicit (counterfeit or contraband) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks).

h) goods that are harmful to the environment or pose a risk to the property of any person.

(i) items that are irreplaceable, such as coins, jewelry, furs, deeds, paintings, curios, works of art and items of personal sentimental value.

The Customer shall be liable under Condition 27 for any breach of this Condition 16.

17. The Customer shall use the Unit for storage purposes only and shall not (and shall not permit any other person to).

(a) use the Unit as offices or lodging or as a home, business or mailing address.

(b) use or do anything in the Facility or in the Unit that may be a nuisance to it or any other person (including the escape of any substance or odor or the generation of noise or vibration that may be heard or felt outside the Unit).

(c) use or do anything in the Facility or in the Unit that may invalidate or increase the premiums of any insurance policy of the store or any other person;

(d) paint or make alterations or affix anything to the internal or external surfaces of the Unit.

(e) connect or provide any utility or service to the Unit unless authorized by store:it.

(f) cause damage to the Unit or any part of the Facility (including removal, transportation or delivery contractors) or create any obstruction or leave articles or debris in any common space within the Facility.

18. The Customer must maintain the Unit by ensuring that it is clean and in good condition. In the event of soiling or damage to the Unit or the Premises, store:it shall be entitled to charge a Cleaning Fee and/or claim from the Customer full reimbursement of the reasonable costs of repair, replacement, restoration, adequate compensation or removal of garbage or other items left anywhere on the Premises or otherwise affecting the use of the Premises by third parties. Such charges will be applied to the Customer's method of payment in the first instance and will incur a minimum fee of €75.

19. The Customer must (and ensure that its Agents do so) take reasonable care on the Premises and respect the Premises and other users of the unit, report any damage or defects immediately they are discovered to store:it and comply with the reasonable instructions of store:it 's employees, agents and contractors and any other regulations for the use, safety and security of the Premises as may be issued from time to time by store:it . Customers must not block any entrance, block any parking space or leave items outside or inside the Premises so as to block access in any way. Customers who do so will incur a fee of at least €75 in the first instance and may have their contract terminated with immediate effect.

20. This Agreement does not confer upon the Client any right to exclusive possession of the Unit and store:it reserves the right to relocate the Client to another Unit no smaller than the current Unit (a) on 14 days' notice during which the Client may elect to terminate its agreement under Condition 3 or (b) on shorter notice if an incident occurs which requires the Unit or the section in which it is located to be closed or sealed. In these circumstances, store:it will pay the Customer reasonable removal costs if store:it approves in writing prior to removal. If the Customer does not arrange for removal before the date specified in the notice from store:it, then the Customer authorises store:it and its agents to enter the Unit acting as the Customer's agents and at the Customer's risk and expense (except for damage caused intentionally or negligently, which is subject to the limitations in Condition 25).

21. The Customer must ensure that the Unit is suitable for the storage of the Goods intended to be stored in it and it is recommended that the Unit is inspected prior to storing the Goods and periodically during the period of storage. Store: makes no warranty or representation that any Unit is suitable for any particular Goods and accepts no liability in this regard.

22. store:it: may refuse to permit Customer to store any Goods or require Customer to collect any Goods if in its opinion the storage of such Goods creates a risk to the safety of any person or property.

23. Customer shall notify store:it in writing of a change of Customer's address, telephone number or email address within 48 hours of any change.

RISK AND LIABILITY:

24. store:it shall not be liable for any loss or damage suffered by the Customer as a result of the inability to access the Facility or the Unit, regardless of the cause.

25. The Goods are stored at the sole risk and responsibility of the Customer, who shall be responsible for and bear the risk of any theft, damage and deterioration of the Goods caused for any reason whatsoever. store:it excludes all liability in respect of loss or damage to (a) the Customer's business, if any, including consequential loss, loss of profit or business interruption; and (b) Goods in excess of the sum of €100, which store:it considers to be the normal excess under a standard domestic policy, whether or not that policy would cover the Goods. store:it does not exclude liability for bodily injury or death to any person and which is the direct result of negligence or wilful default on the part of store:it, its agents and/or employees.

26. store:it does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while in storage against all Usual Risks for their Replacement Value. Customer warrants that such coverage is in force, that it will not allow or cause such coverage to lapse and that the aggregate value of the Goods in the Unit at such time will not exceed the Replacement Value. store:it does not give any advice on the insurance coverage provided by any policy and Customer must make its own judgment as to the adequacy of coverage even when provided by store:it . Inspection of any insurance document provided by the Client to demonstrate coverage does not mean that store:it has approved the coverage or confirmed that it is sufficient.

27. Customer shall be responsible for and shall indemnify store:it for the full amount of all claims, liabilities, demands, damages, costs and expenses (including legal and professional fees reasonably incurred) incurred by store:it or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including, but not limited to, the ownership or storage of Goods in the Unit, the Goods themselves and/or access to the Facility) or (b) the breach of this Agreement by Customer or any of its Agents or (c) the performance of any of the terms of this Agreement.

28. The Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations that are or may be applicable to the use of the Unit. This includes laws relating to the material being stored and the manner in which it is stored. Responsibility for any failure to comply with such laws rests absolutely with the Customer and includes all Liabilities resulting from such failure.

29. If store:it has reason to believe that the Customer is not complying with all relevant laws, store:it may take any action it deems necessary, including but not limited to the actions described in Conditions 14 and 34, contact the relevant authorities, cooperate with and/or present the Goods to them, and/or immediately dispose of or remove the Goods at the Customer's expense. The Customer agrees that store:it may take such action at any time, even if store:it could have acted earlier.

30. With respect to circumstances beyond the reasonable control of store:it, store:it shall have no liability under this Agreement nor shall it be deemed to be in breach of this Agreement for any delay or failure to perform its obligations under this Agreement or any loss or damage resulting from the Goods. Such circumstances include any acts of God, riots, strikes or lockouts, trade disputes or labor unrest, accidents, plant or machinery breakdowns, fires, floods, shortages of labor, materials or transportation, power or Internet failures, actual or threatened terrorist acts or emergencies or environmental or health hazards, or entry into any unit, including the Unit or the Facility, or arrest, seizure or confiscation of Goods by the proper authorities. If this happens, store:it will not be liable for not allowing access to the Goods, the Unit and/or the Facility while the circumstances continue. store:it will attempt to minimize the effects arising from such circumstances.

PERSONAL INFORMATION:

31. store:it collects information about the Customer at the time of registration and while this Agreement is in force, including personal data (Data). store:it processes the Data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with the Customer and generally maintain the Customer's account. store:it may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which store:it is a member. If the Customer applies for insurance from store:it, store:it will pass the Data to the insurer, which may enter such Data into a claims register shared with other insurers to prevent fraudulent claims. store:it will disclose the Data and other account details at any time if it believes, in its sole discretion, that this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for the purposes of crime prevention or detection; (e) to protect the safety of any person on the Premises, (f) if store:it believes that the security of any unit on the Premises or its contents may be at risk. In addition, if store:it sells or buys any business or asset, it may disclose the Data and account details to the prospective seller or buyer of such business or asset or if a third party acquires substantially all of the assets of store:it, the Data and account details will be one of the transferred assets. Individuals are entitled to request a copy of the information store:it holds about them and requests should be sent by email or by post to the addresses on the cover page. A small fee may be charged for this service.

32. If the Customer agrees, store:it will use the Data for marketing and similar purposes, including to provide the Customer with information about products or services provided by store:it and/or its business partners in response to Customer requests or if store:it believes it may be of interest to the Customer.

NOTICE:

33. Notices to be given by store:it or by the Client shall be in writing and shall be delivered by e-mail. Any notice by the Client shall be sent to store:it at the email address indicated on this page. In the event that there is more than one Customer, it is agreed that notice to or from only one Customer shall be sufficient for the purposes of any notice requirement under this Agreement.

TERMINATION:

34. Either party may terminate this Agreement by giving notice to the other party on the Termination Date in accordance with the period stated at the top of this Agreement. In the event of illegal or environmentally damaging activities by the Customer or a breach of this Agreement (which, if capable of remedy, the Customer has failed to remedy within 14 days of notice from store:it to do so), store:it may terminate the Agreement immediately without notice period. store:it is entitled to charge a pro-rata Storage Fee if the Customer gives less than the required Notice. Customer must remove all Goods from the Unit prior to close of business on the Termination Date and leave the Unit in a clean and serviceable condition to the satisfaction of store:it. store:it In the event Goods and/or debris are left in the Unit after the Termination Date, Conditions 5 and 18 shall apply. The Customer must pay any outstanding Storage Fees and default charges or any other monies owed to store:it up to the Termination Date, or Conditions 4 to 8 may apply. If store:it enters the Unit for any reason and there are no Goods stored in the Unit, store:it may terminate the Agreement without notice, but will send a Notice to the Customer within 7 days.

35. The Customer agrees to examine the Goods carefully on removal from the Unit and must notify store:it of any loss or damage to the Goods as soon as reasonably practicable after doing so.

36. Liability for outstanding monies, property damage, personal injury, environmental damage and legal liability under this Agreement continues to survive termination of this Agreement.

GENERAL:

37. store:it may modify the Storage Fee or other terms of this Agreement and add new terms and conditions provided that such modifications are notified to Customer in writing. The modified terms shall become effective on the first Expiration Date occurring not less than 28 days after the date of notice. The Customer may terminate the contract without charge before the change becomes effective by notice in accordance with Condition 34. Otherwise, the Customer's continued use of the Unit shall be deemed to be acceptance of and agreement to the modified terms.

38. Customer acknowledges and agrees that:

(a) the terms of this document constitute the entire agreement with store:it and, in entering into this agreement, Customer is not relying on any representations, oral or otherwise, other than those contained in this Agreement.

(b) has raised all queries relevant to its decision to enter into this Agreement with store:it and store:it has, prior to the Customer entering into this Agreement, responded to all such queries to the satisfaction of the Customer.

(c) all matters resulting from such consultations have, to the extent requested by the Client and accepted by store:it, been put in writing and incorporated into the terms of this Agreement.

(d) if store:it decides not to exercise or enforce any right it has against the Client at a particular time, this shall not prevent store:it from subsequently deciding to exercise or enforce that right unless store:it informs the Client in writing that store:it has waived or abandoned its ability to do so.

(e) it is not intended that anyone other than the Customer and the store shall have any rights under this Agreement and, accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

(f) if any court or competent authority decides that any provision of this Agreement is invalid, illegal or unenforceable to any extent, the provision shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

(g) Customer may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or the Goods while they are in the Facility.

(h) where the Client consists of two or more persons, each of them shall assume the obligations under this Agreement.

39. This Agreement shall be governed by the laws of Spain and any dispute or claim brought by either party shall be resolved by the Courts of Spain. The parties shall endeavor to resolve any dispute relating to this Agreement by mediation. Such mediation shall be conducted by a mediator independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to initiate arbitration or litigation other than for emergency injunctive relief that it has previously offered to submit the dispute to mediation.
 
 

PLEASE READ THE ABOVE CONDITIONS CAREFULLY, AS BY ACCEPTING THE TERMS AND CONDITIONS YOU WILL BE BOUND BY THEM.

I/we give my/our consent to receive correspondence from the facility owner by SMS to my cell phone, email, postal mail and by telephone.

I/we acknowledge that the above key points have been brought to my/our attention and that I/we have read and understood them.

I/We agree to be bound by the terms of this Agreement.