Please read these Terms of Service carefully to be sure that you understand them. By using the Service, you are agreeing to these Terms of Service. Your attention is particularly drawn to clauses 21 (Disclaimer) and 22 (Liability).
1. THIS AGREEMENT
1.1 This Agreement is made between us, PICKUPS DELIVERY SERVICE LTD (a company registered in England under number 13432803 with its registered office at 20-22, Wenlock Road, London, England, N1 7GU, and you, the person who wishes to use the Services and who enters into this Agreement by accepting these Terms of Service (“you” and “your”).
2.1 In these Terms of Service, the following words have the following meaning:
2.1.1 “Agreement” means the agreement entered into by you and PICKUPS for the provision of the Services on these Terms of Service;
2.1.2 “Goods” means the items which you, or PICKUPS on your behalf, pack into a Storage Container for storage by PICKUPS;
2.1.3 “Other Item” means an item provided by you for packing, transporting or storage which has not been packed into a Storage Container;
2.1.4 “Locker” means an individual storage locker at PICKUPS’s Locker Facility where you can access and store Goods and Other Items, in accordance with these Terms of Service;
2.1.5 “Locker Facility” means each secure facility operated by PICKUPS, as listed on the Site, where users of the Services may access the Lockers;
2.1.6 “Packaging Requirements” means PICKUPS’s packaging requirements from time to time, as set out in Appendix 1;
2.1.7 “Prohibited Item” means any of the items listed in clause 16.2, or listed as a Prohibited Item from time to time on the Site;
2.1.8 “Property” means your property other than the Goods or Other Items;
2.1.9 “Removal” means a removal as part of the Removals service, as described in clause 13;
2.1.10 “Services” means the services referred to in clause 6, as selected by you on the Site, by phone or by email to us;
2.1.11 “Site” means PICKUPS’s website at pickupstorage.co.uk and pickups.storeganise.com/sites/pickups-storage;
2.1.12 “Storage Container” means a storage box which PICKUPS supplies to you, or a box, case, bag, or any other container which you provide in accordance with clause 12, in either case for packing, transporting and storage of your Goods; and
2.1.13 “Working Day” means any day other than: (i) a Saturday, a Sunday, Christmas Day, Good Friday; or (ii) a day which is a bank holiday in any part of the United Kingdom.
3. TERMS OF SERVICE
3.1 In order to use any of the Services, you must agree to these Terms of Service. You may not use any of the Services if you do not accept these Terms of Service. Your booking and/or use of the Services will be taken as acceptance of these Terms of Service.
3.2 PICKUPS may refuse or may cease to provide the Services where PICKUPS considers that it is or may be used in breach of these Terms of Service or for any unlawful or improper purpose, or for any other reason.
3.3 PICKUPS may change these Terms of Service from time to time. PICKUPS will notify you of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to the Terms of Service will come into force on the date stated in the notice. If you use the Services after changes to the Terms of Service have come into force, you will be taken to have agreed to the changes. If you do not agree to the changes, then you may terminate this Agreement under clause 27.
4. YOUR INFORMATION
4.1 In order to use the Services, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to PICKUPS will be correct and up to date throughout your use of the Services.
4.2 PICKUPS processes information about you in accordance with its Privacy and Cookies Policy. This explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us if you have a query or complaint about the use of your personal information.
5. PASSWORD AND SECURITY
5.1 When first signing up to use any of the Services, you will be required to input a valid email address and password as part of the Service’s registration process. You can log into your account and change your password at any time. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account.
5.2 You shall:
5.2.1 keep your password strictly confidential and take all reasonable steps to ensure that nobody other than you accesses the Services using your email address and password;
5.2.2 promptly notify PICKUPS if you become aware or suspect that your email address and password have become known to someone else.
6. THE SERVICES
6.1 In return for the charges payable under this Agreement and subject to the terms of this Agreement, we offer the following Services:
6.1.1 “Storage-by-the-box”: We shall collect and store and/or ship your Goods and Other Items to your nominated address.
6.1.2 “Storage Unit”: We shall pack your Goods and Other Items (if requested), collect and store and/or ship your Goods and Other Items to your nominated address.
6.1.3 “Shipping Across the UK”: We shall collect and ship your Goods and Other Items to your nominated address.
6.1.4 “Lockers”: You deliver your Goods and Other Items to a Locker, and we shall collect and store them in a secure storage facility until you arrange to collect your Goods and Other Items from the Locker or have them returned to your nominated address.
6.1.5 “Removals”: As requested, we shall dismantle, pack, and/or collect (as relevant) your Goods and Other Items from one address and deliver to another nominated address.
6.1.6 “Packing materials”: As requested, we shall dispatch packing materials to you for use in the above services.
6.2 You can opt for the Services you wish to receive either on the Site, by phone or by email to us.
6.3 PICKUPS promotional codes allow you to receive a discount on your order, either as a percentage or an absolute monetary amount. For details, see Appendix 3.
8. STORAGE UNIT
8.1 The following terms apply to the Storage Unit Service.
8.2 Storage Unit Services are provided to you on a rolling month by month basis.
8.3 When you choose to sign up to the Storage Unit Service on the Site, you shall pay PICKUPS’ storage fees on a monthly basis according to the size of your Storage Unit in accordance with the detailed fees listed on the Site at the time of booking.
8.4 There is no minimum or maximum storage period for Storage Unit Services. However, we do not refund any storage fees if you have your Goods or Other Items returned to you part way through the month.
8.5 You acknowledge that such fees may change at PICKUPS discretion in accordance with clause 17.5.
8.6 Packing services are available when you select Storage Unit Services for an additional fee, as detailed on the Site.
8.7 As and when requested by you from time to time, PICKUPS shall:
8.7.1 Pack and/or collect your Goods in Storage Containers and pack and/or collect your Other Items for storage; and
8.7.2 transport the Goods packed in Storage Containers and/or your Other Items otherwise suitably prepared for transport to PICKUPS storage facilities.
8.8 During collection and/or upon the arrival of your Goods packed in Storage Containers or your Other Items at a PICKUPS storage facility, they will be volumetrically audited. The total volume of items stored will define your monthly storage price. Should PICKUPS determine in its sole discretion that the total volume of items stored be greater or less than the unit selected at the time of booking, your monthly pricing, and the packing and collection price (if relevant) may be automatically adjusted, in line with the rates available on the Site at the time of the booking. Any changes in your monthly storage pricing and the packing and collection price (if relevant) will be communicated to you by PICKUPS by email.
PICKUPS may store your Goods and Other Items together in a storage facility with other customers’ Goods and Other Items. The storage unit service does not imply your Goods and Other Items are stored in isolation.
8.9 Subject to clause 17.5, you agree that if you book a collection or a return delivery through the Site, you will pay the rates defined on the Site at the time of booking.
10. SHIPPING ACROSS THE UK
10.1 Shipping Across the UK Services are provided as one-off transactions.
10.2 When you choose to sign up to the Shipping Across the UK Service on the Site, you shall pay PICKUPS rates as detailed on the Site.
11. PACKING MATERIALS
11.1 Packing materials are available for you to purchase on the Site for the fees detailed on the Site from time to time, either with other Services or as a stand-alone purchase.
12. STORAGE CONTAINERS
12.1 Storage Containers may be supplied by PICKUPS or may be provided by you.
12.2 Storage Containers supplied by you must be in accordance with PICKUPS Packaging Requirement. PICKUPS may refuse to collect any Storage Containers or Other Items which are not packed or prepared in accordance with the Packaging Requirements. PICKUPS shall not be responsible for any loss or damage to Goods which are not packed in accordance with the Packaging Requirements. If you provide your own Storage Containers they must be in good condition, sturdy and suitable for transport and storage of the Goods.
12.3 No Storage Containers, whether supplied by PICKUPS or by you, should when packed exceed the maximum weight limit of 25kg. Any Storage Containers exceeding the maximum weight limit will be subject to a processing charge of £40.
12.4 PICKUPS may repack any overweight Storage Containers into one (or more) Storage Containers that each weigh no more than 25kg. Where any overweight Storage Containers require repacking into one (or more) Storage Containers, weighing no more than 25kg each, a repacking fee of £20 per additional box will apply.
12.5 PICKUPS, or any delivery partner acting on PICKUPS behalf, may at any time:
12.5.1 refuse to collect any Storage Container or Other Item supplied by you;
12.5.2 redeliver, at your cost, any Storage Container or Other Item supplied by you; or
12.5.3 repack, at your cost, any Storage Container,
if it reasonably considers that the Storage Container does not comply with the Packaging Requirements.
12.6 If PICKUPS, or any delivery partner acting on PICKUPS behalf:
12.6.1 redelivers any Storage Container or Other Item supplied by you, or
12.6.2 collects any Storage Container or Other Item supplied by you
which in either case does not comply with the Packaging Requirements (please see Appendix 1) or this clause 12 , you will be liable for any damage to PICKUPS property or the property of any third party, and injury to PICKUPS employees, agents, and contractors as a result of your failure to comply with this clause 12. Further, any additional coverage in relation to the damage of either Goods or Other Items as defined in clause 23 will be invalidated.
12.7 Storage Containers with a combined width, height and length:
12.7.1 less than or equal to 110cm will be stored as “Small Boxes”;
12.7.2 greater than 110cm and less than or equal to 130cm will be stored as “Medium Boxes”;
12.7.3 greater than 130cm and less than or equal to 180cm will be stored as “Large Boxes”;
12.7.4 greater than 180cm will be stored as “Other Items”.
If any Storage Containers are found to be labelled in a manner inconsistent to that stated in this clause 12.7, PICKUPS shall adjust the labels accordingly, and apply the correct charges, based on the charges available on the Site at the time of booking the relevant Service, unless otherwise agreed to in writing by PICKUPS. Where the dimensions of the Storage Containers differ from those defined in the collection order, PICKUPS may charge you if the total monthly storage price is higher than the monthly storage price originally paid for, and a change in price plan will apply.
12.8 Upon your request, PICKUPS will weigh and measure Storage Containers and Other Items in the warehouse and provide a description of your Storage Containers and Other Items by label number, within 10 Working Days of such request. Each check, as understood by each journey required by a PICKUPS agent to verify a piece of information requested by you that involves entering the warehouse to do so, will be charged at £5 for each individual Storage Container or Other Item.
14. DELIVERY, COLLECTION AND RETURN
14.1 Times given by PICKUPS on the Site or otherwise for delivery, collection or return are estimates only, and PICKUPS shall not be liable for any delay in delivery, collection or return.
14.2 PICKUPS may pass on any additional charges for:
14.2.1 collection or delivery of Other Items from or to addresses that are not in the list of Other Items Acceptable Postal Areas communicated via the Site subject to alteration from time to time;
14.2.2 delivery to a postal area that is (a) different to that which it was collected from or (b) is more than 25 miles from the collection address;
14.2.3 collections or deliveries which require more than one person or more than one van to complete.
14.3 If a driver is left waiting for more than 10 minutes, PICKUPS may cancel the collection or delivery and charge a fee. You will also have to rebook your collection or delivery for a later date.
14.4 PICKUPS may cancel or postpone any delivery, collection or return where PICKUPS considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions; epidemic or pandemic; any Public Health Guidelines; any unrest or disturbance; or by reason of PICKUPS having limited access to your specified delivery, collection or return address.
14.5 PICKUPS will not be responsible for:
14.5.1 save for where selected in advance for an additional fee, dismantling or assembling any unit, system, or furniture (including flat pack);
14.5.2 disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings, or equipment;
14.5.3 any Prohibited Items;
14.5.4 save where selected in advance for an additional fee, packing Goods and/or Other Items into Storage Containers;
14.5.5 obtaining written consent from the landlord, accommodation provider or other relevant third party regarding PICKUPS accessing your accommodation to pack and collect your Goods and/or Other Items; or
14.5.6 securing parking at the collection or delivery address, or any parking fees or fines incurred (which may be charged to you in accordance with clause 17).
15. YOUR RESPONSIBILITIES
15.1 You will be responsible for:
15.1.1 obtaining and ensuring that PICKUPS or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
15.1.2 providing PICKUPS with your contact details and ensuring that these are accurate and up to date;
15.1.3 providing PICKUPS with all the information requested about your Other Items when prompted by the Site, email or a call from PICKUPS;
15.1.4 notifying PICKUPS of any changes regarding your orders in a timely manner, subject to clause 26.5;
15.1.5 when using Removal, Storage-by-the-box and/or Storage Unit services, ensuring that you are present, or ensuring that someone authorised by you is present, during the packing (as required for Removal and/or Storage Unit Services), collection and return of the Storage Containers, Goods and/or Other Items;
15.1.6 ensuring that you inform PICKUPS within two Working Days of any loss or damage to the Goods or Other Items or your Property that occurred during a collection or return service. PICKUPS will not be responsible for any loss or damage if you fail to inform PICKUPS within such time period.
15.1.7 ensuring that the Goods, the Storage Containers and the Other Items that are not packed by PICKUPS are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to LOVESPACE’s property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if the Goods are fragile, you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed.
15.1.8 ensuring that all Goods and/or Other Items to be collected are packed in accordance with the Packaging Requirements (unless you have selected packing as part of the Storage Unit Service, or packing and dismantling service as part of a Removals service) and are ready to be transported. Where any appliances are to be removed, you must ensure that these are unplugged, empty, clean, and dry (in case of refrigerators, you must ensure these have been defrosted and dried prior to the collection time slot).
15.2 If receiving the Storage-by-the-box Service, ensuring that:
15.2.1 each Storage Container and Other Item is labelled with the specific label provided by PICKUPS which is affixed securely with tape. A unique label must be applied to each Storage Container and Other Item and the barcode on each label must be readable, unobstructed and not damaged.
15.3 If receiving the Storage Unit Service, ensuring that:
15.3.1 with regards to anything not packed or wrapped by LOVESPACE, the Goods have been securely packed into Storage Containers and that the Other Items have been prepared for collection in accordance with our Packaging Requirements;
15.4 If receiving the Lockers service, ensuring that:
15.4.1 the access code provided to you for accessing your Locker is not shared with or used by any third party;
15.4.2 all Goods and Other Items stored in any Locker are packed securely and not protruding the Locker. You accept that any Goods and Other Items which are not securely placed within the Locker in a manner which allows the Locker to be locked, shall not be collected for storage;
15.4.3 each Locker is fully closed and securely locked after you have finished dropping off or accessing your Goods and/or Other Items;
15.4.4 each Locker is fully emptied and cleared of all obstructions, refuse, waste, dirt, etc. at the time of collection of your returned Goods and Other Items from your Locker;
15.4.5 the Locker or Locker Facility is not damaged or obstructed in any way by you. You will be responsible for any loss or damage which you cause whether negligently or deliberately to the Locker or the relevant Locker Facility;
15.4.6 none of the Goods and Other Items include any Prohibited Items;
15.4.7 your use of the Lockers does not (indirectly or directly) result in disturbance or damage of any kind to the Locker Facility or people near it.
15.5 if receiving Removals service, ensuring that:
15.5.1 you provide most up to date and accurate information regarding the collection and delivery properties, and all Goods and/or Other Items to be dismantled (where relevant) at the time of the booking;
15.5.2 at your own cost, LOVESPACE drivers have access to parking within 50m of the collection and delivery addresses on the date and during the time slot selected during the booking;
15.5.3 you clearly instruct PICKUPS as to which Goods and/or Other Items must be packed, dismantled, removed and/or re-assembled (as relevant). Please note that certain furniture may not be capable of being re-assembled to its original state once dismantled. PICKUPS will not be responsible for ensuring the re-assembly of any such furniture, or for any Goods and/or Other Items in respect of which clear instructions with respect to packing, dismantling, removal and/or re-assembly (as relevant) are not provided;
15.5.4 no Prohibited Items are included in the Goods and/or Other Items to be packed, dismantled, removed and/or re-assembled (as relevant); and
16. GOODS AND OTHER ITEMS
16.1 You warrant that the Goods or Other Items are your own property or that you have the right and authority to store, or request PICKUPS to pack, store, and/or transport the Goods or Other Items in accordance with these Terms of Service.
16.2 While using any of the services, the Goods or Other Items must not include, and you must not store any of the following (Prohibited Items):
16.2.1 Liquids, semi-liquids, gels and creams.
16.2.2 Perishable goods.
16.2.3 Non-perishable food unless packed so that it is protected from and cannot attract vermin.
16.2.4 Antiques (breakable and/or fragile).
16.2.5 Birds, fish, animals or any other living, or non-living creature.
16.2.6 Firearms, explosive weapons, ammunition, swords, or replicas of the same or similar items.
16.2.7 Sharp knives or other kitchen implements unless blade is fully protected with a suitable material to prevent any risk of injury.
16.2.8 Combustible or flammable materials, liquids or compressed gases, including but not limited to, aerosols, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
16.2.9 Chemicals, radioactive materials, biological agents, including household cleaners.
16.2.10 Toxic waste, asbestos or other materials of a dangerous nature.
16.2.11 Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
16.2.12 Specialised equipment with electronic and/or fragile components.
16.2.15 Money, deeds, securities, stamps, coins, or goods or collections of any similar kin.
16.2.16 Cash, credit, or debit cards.
16.2.17 Any items that do not fit through the front entrance of the property.
16.2.18 White goods, unless using the Removals service, in which case you must ensure that all white goods are disconnected, cleaned, defrosted, and dried.
16.2.19 Anything LOVESPACE, in its discretion, deems unacceptable on a case-by-case basis.
16.2.20 Any other items listed as Prohibited Items from time to time on the Site.
16.3 Should it become apparent that any of the Prohibited Items are (i) contained within one of your Storage Containers or within your Other Items or in themselves are one of your Other Items; or (ii) required to be packed by us, such items will be removed and disposed of, or returned to you at PICKUPS discretion. The rest of the Goods within that Storage Container or Other Item will be searched for further Prohibited Items, which if found, will also be removed and disposed of, or returned to you at PICKUPS discretion. PICKUPS will charge you an administration fee of £50 for each Storage Container or Other Items that is found to contain, or is in itself, a Prohibited Item. Further disposal fees may also be applied depending on the nature of the Prohibited Item(s) and the time incurred dealing with such Prohibited Item.
16.4 You agree that PICKUPS or any contractor acting on PICKUPS behalf may, at any time, without notifying you, open any Storage Container to inspect the Goods:
16.4.1 if PICKUPS reasonably believes that it may contain any Prohibited Items;
16.4.2 if PICKUPS is required to do so by the police, fire services, local authority or by court order;
16.4.3 in order for PICKUPS to investigate title to the Goods in the event of any dispute;
16.4.4 where PICKUPS considers it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property;
16.4.5 where PICKUPS considers it necessary if there is excess weight or inappropriate packing materials used by you; or
16.4.6 if PICKUPS reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, LOVESPACE may repack the Storage Container.
16.5 If, in PICKUPS reasonable opinion, the packing, storage, or continued storage, of the Goods or Other Items would represent a risk to the safety of any person, the security of the storage facility, or any other Goods or Other Items stored at the storage facility, then PICKUPS may:
16.5.1 refuse to pack, collect, store, or transport any Goods or Other Items; or
16.5.2 return to you any Goods or Other Items, at your cost, at any time.
16.6 You agree that if title to the Goods or Other Items is subject to any third party claim:
16.6.1 PICKUPS has the right to investigate the title and be satisfied as to such title before returning the Goods or Other Items; and
16.6.2 PICKUPS may keep possession of the Goods or Other Items until it has completed any investigation as to title.
17. CHARGES AND PAYMENT
17.1 Unless stated otherwise on the Site, all charges are inclusive of VAT. If the rate of VAT changes, PICKUPS may adjust the charges payable by you accordingly from the date the change takes effect.
17.2 PICKUPS charges are payable by credit card or debit card as follows:
17.2.1 charges for PICKUPS to send you empty Storage Containers and Packing materials will be payable when you place an order on the Site;
17.2.2 charges for the first month’s storage, for Storage-by-the-box, Storage Unit, or Locker services, whether the Storage Containers are provided by you or by PICKUPS, and any charges for additional coverage which you choose to purchase under clause 23, will be payable when you place an order on the Site;
17.2.3 charges for subsequent months’ storage, for Storage-by-the-box, Storage Unit, or Locker services, and any monthly charges for additional coverage which you choose to purchase under clause 23, will be payable monthly on the same day of the month that (as relevant) (a) your Storage Containers or Other Items are collected from your specified collection address for transit to PICKUPS Warehouse or (b) you drop off your Goods and/or Other Items in your Locker. Where this is not possible, payment will be taken on the soonest reasonable date. Where your monthly payment is normally taken on the 29th, 30th or 31st of the month, your payment will be taken on the last day of the month whenever the last day in the month is the 28th, 29th or 30th, respectively, and will continue to be taken on the same day of month while your Goods and/or Other Items remain in storage;
17.2.4 for Storage-by-the-box, Storage Unit, or Locker services, any outstanding charges will be payable in full when you book a return order for your Storage Containers or Other Items;
17.2.5 charges for PICKUPS to return your Storage Containers or Other Items to your specified return address (the cost of which as notified to you when you place the order on the Site) are payable in full when you place a return order on the Site for your Storage Containers or Other Items to be returned;
17.2.6 additional charges shall apply and be payable in full by you if you add additional Storage Containers or Other items to those already in storage at PICKUPS storage facility (while using Storage-by-the-box, Storage Unit and/or Locker services).
17.3 In addition to the charges detailed in this clause 17 and elsewhere in these Terms of Service, PICKUPS may also apply the following charges:
17.3.1 a surcharge for delivery or collection on certain days or during a specific time slot, or other upgraded services as specified on the Site from time to time;
17.3.2 a £10 administration fee per instance to cover LOVESPACE’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to LOVESPACE;
17.3.3 disposal charges for LOVESPACE disposing of any Goods or Other Items as specified in these Terms of Service. A base disposal charge of £5.95 shall apply for each standard Storage Container disposed, and additional charges (as notified to you in writing) shall apply for disposal of any other items or materials that may require specialist disposal; and
17.3.4 any parking charges and parking fines incurred at the collection or delivery address.
17.4 If payment of the charges and any other amounts payable are not received on time, LOVESPACE may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 18) charge:
17.4.1 interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, and
17.4.2 £5 per email sent, £2 per phone call, £10 per letter sent in the process of collecting the outstanding debt.
17.5 LOVESPACE may review the monthly charges from time to time. If LOVESPACE increases the monthly rates for the charges for Storage-by-the-box, Storage Unit, or Locker Services:
17.5.1 for all new orders, the new rates will take immediate effect;
17.5.2 for existing customers on a rolling month by month contract, the new rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly payment date, and shall come into effect from that payment. If you do not agree to the increased charges, you may terminate this Agreement in accordance with clause 27.
17.6 LOVESPACE may review the charges for Shipping Across the UK, Removals, empty Storage Containers and Packing Materials from time to time. If LOVESPACE increases the charges, the increased charges will take immediate effect for all new orders.
17.7 Additional charges as set out on the Site from time to time may be applied if:
17.7.1 you provide insufficient or inaccurate address information;
17.7.2 you are not, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection, or return;
17.7.3 LOVESPACE’s carrier is unable to access your premises to deliver or collect Storage Containers or Other Items;
17.7.4 delivery, collection or return of the Storage Containers or Other Items takes over one hour to complete from arrival at your address through no fault of LOVESPACE’s carrier;
17.7.5 you request that delivery, collection or return of the Storage Containers or Other Items be carried out outside of normal working hours (9.00am — 18.00pm) on a Working Day;
17.7.6 PICKUPS has to deliver or collect Storage Containers or Other Items from above the ground floor;
17.7.7 your collection or delivery requires two or more people or the use of a specialist team.
18. RIGHT TO WITHHOLD OR DISPOSE OF GOODS AND OTHER ITEMS IN CASE OF NON-PAYMENT
18.1 If you do not pay the charges or any other payments due under this Agreement, PICKUPS may withhold and ultimately dispose of some or all of the Goods or Other Items in accordance with this clause 18. You will be responsible for all storage charges and other associated costs reasonably incurred by LOVESPACE while withholding or disposing of the Goods or Other Items.
18.2 In this case, LOVESPACE will give you 28 days’ written notice requiring you to pay all amounts due and to contact LOVESPACE to arrange for re-delivery of the Storage Containers or Other Items. If, upon the expiration of the 28-day notice period, you have failed to pay all of the amounts due, LOVESPACE may dispose of some or all of the Goods or Other Items by sale, gift to charity, or otherwise.
18.3 If, in LOVESPACE’s reasonable opinion, the Goods or Other Items cannot be sold for a reasonable price or at all (for any reason), or despite LOVESPACE’s reasonable efforts they remain unsold, you authorise LOVESPACE to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
18.4 You shall be responsible for all costs reasonably incurred by LOVESPACE in relation to the disposal of the Goods or Other Items. If LOVESPACE receives money on disposal of the Goods and Other Items, the net proceeds of sale will be credited to your account and LOVESPACE will pay any excess to you without interest, less LOVESPACE’s administrative charge of £50.
18.5 If, after having made all reasonable efforts to do so, LOVESPACE is unable to return any excess to you, including having given not less than 90 days’ written notice to you in accordance with clause 30, LOVESPACE may retain any such excess for its own account.
18.6 If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to LOVESPACE within seven days of a written demand from LOVESPACE. Interest will continue to accrue on the balance under clause 17.4 until it is paid in full.
20.1 You must not and you agree that you will not, directly or indirectly:
20.1.1 use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
20.1.2 sub-license, re-sell or offer in any manner, to a third party, the Services or use of or access to the Services, whether for commercial gain or otherwise, unless PICKUPS has previously agreed in writing;
20.1.3 attempt to interfere with or disrupt the Services or the Site or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network;
20.1.4 contravene any of the Packaging Requirements; and/or
20.1.5 act inappropriately or aggressively towards any LOVESPACE employees, contractors, agents, or other workers or attempt to contact them (i) outside of their shift working for PICKUPS and (ii) in connection with any matter other than the Services.
20.2 You agree that if you breach any of the restrictions in clause 20.1, PICKUPS may terminate this agreement immediately in accordance with clause 27 and such termination does not preclude PICKUPS from taking legal action against you, where appropriate.
21.1 PICKUPS will provide the Services with reasonable care and skill and substantially as described in this Agreement. PICKUPS does not make any other warranties, conditions or representations about the Service and (save as expressly set out in this Agreement) PICKUPS shall have no responsibility or liability whatsoever as bailee, custodian or guardian of the Goods or Other Items carried or stored by it.
21.2 PICKUPS does not warrant or represent that the storage facility or Locker Facility used by PICKUPS is a suitable place or means of storage for any particular Goods or Other Items.
21.3 PICKUPS provides the Site on an “as is” and “as available” basis with all faults. PICKUPS does not warrant that use of the Site will be error-free or uninterrupted or that any defects will be corrected.
21.4 Nothing in this Agreement affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
22. PICKUPS LIABILITY TO YOU
22.1 In this clause 22, LOVESPACE limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Services or any breach of this Agreement, including for any loss of or damage to the Goods, Other Items, or your Property (including loss or damage during collection, redelivery or storage).
22.2 You acknowledge that PICKUPS is unaware of the value of the Goods or Other Items to be packed, transported and/or stored and does not insure or arrange insurance for your specific Goods or Other Items. PICKUPS recommends that you arrange your own insurance to cover the value of the Goods or Other Items.
22.3 When PICKUPS returns your Goods or Other Items to you, you must promptly examine the Goods or Other Items and notify PICKUPS of any loss of or damage to the Goods or Other Items within two Working Days of redelivery of the Goods or Other Items to you. You must notify PICKUPS of any damage to Property caused by PICKUPS within two Working Days of becoming aware of the damage to the Property. If you fail to inform PICKUPS within such time periods of loss or damage to the Goods or Other Items, or damage to the Property, PICKUPS will not be liable to you for any loss or damage.
22.4 In the event of a claim, PICKUPS shall be entitled to require proof of ownership as well as proof of: (i) the cost price and the current replacement cost of the damaged or lost Goods or Other Items; or (ii) the cost to repair the damaged Property or area in the Property. You must respond promptly to PICKUPS enquiries and requests for information in respect of the Goods or Other Items and/or Property. If you do not provide PICKUPS with any information or documents requested by PICKUPS within 28 days of PICKUPS request, PICKUPS will not be liable to you for the loss of or damage to the Goods or Other Items or Property.
24. YOUR LIABILITY TO LOVESPACE
24.1 You shall reimburse PICKUPS in full an amount equal to all damages, liabilities, costs, claims and expenses that PICKUPS may incur as a result of your use of any of the Services or any breach by you of this Agreement.
25. OWNERSHIP OF RIGHTS
25.1 All rights, including copyright, in the Site and the Services are owned by or licensed to PICKUPS DELIVERY SERVICE LTD.
26. RIGHT TO CANCEL
26.1 Each booking request for a Service by you shall constitute a separate contract between you and PICKUPS on these Terms of Service.
26.2 You have the right to change your mind and cancel each booking request for a Service up to the cut off timings set out in clause 26.5 below without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Services during the cancellation period.
26.3 If you wish to cancel a booking for a Service, you must notify PICKUPS. If you are already receiving a Service and wish to make amendments to or cancel a delivery request of your Goods or Other Items you must contact us no later than two Working Days before your scheduled delivery/collection.
26.4 If you are not available to accept your delivery, or move your Goods and Other Items out of your Locker, your Goods and Other Items will be delivered back to our storage facility, and you will need to place a new order.
26.5 If you or PICKUPS cancel a booking for a Service, we will reimburse to you all payments received from you unless you requested for us to start providing the Services during the cancellation period, in which case:
26.5.4 If you book a Storage Unit Service and notice of cancellation is given after 2 Working Days before the scheduled collection or return delivery, any fees paid by you for such collection, packing or return delivery (as defined on the Site at the time of booking) will not be refunded.
27.1 You may terminate this Agreement at any time by requesting the return of your Storage Containers packed with your Goods or Other Items and paying any outstanding charges due to PICKUPS.
27.2 PICKUPS may terminate this Agreement with immediate effect by notice in writing to you, if:
27.2.1 you fail to pay any amount due, including any interest accrued, by the date due; or
27.2.2 you are in breach of any term of this Agreement.
27.3 PICKUPS may terminate this Agreement for any reason by giving you not less than 30 days’ written notice.
27.4 Upon termination of this Agreement for any reason, you must contact PICKUPS promptly to arrange for re-delivery of the Storage Containers and Other Items to your nominated address or (in the case of the Lockers service) for the contents of your Locker to be returned to the relevant Locker Facility so that you can collect your Goods and Other Items.
27.5 If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Containers or for the return of the contents of your Locker, then PICKUPS may dispose of the Goods.
27.6 Termination of this Agreement will not affect our right to receive any money which you owe to us under this Agreement.
29. FORCE MAJEURE
29.1 PICKUPS will not be liable or responsible for any damage to or loss of the Goods or Other Items, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; epidemic or pandemic; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
30.1 Any notice to be given under this Agreement may be delivered or be sent by prepaid first class registered post or may be transmitted by email address.
31.1 Save as expressly provided in the Terms of Service, this Agreement constitutes the whole agreement and understanding between you and PICKUPS relating to the Services.
31.2 You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in these Terms of Service.
31.3 The failure of PICKUPS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
31.4 If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
31.5 This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
32. GOVERNING LAW
32.1 The laws of England and Wales apply to this Agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
32.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or EU Member State in which you live.
ANY QUESTIONS? Please contact our customer service team on email@example.com or 01164560305.
Appendix 1 – PACKAGING REQUIREMENTS
1. What we will accept
1.1 Double-walled cardboard boxes (either our PICKUPS boxes or any double-walled cardboard box with a combined width, height, and length less than or equal to 180cm and a weight limit of 25kg (inclusive)) or poster/document tubes.
1.2 Musical instruments in hard cases.
1.3 Bicycles, skis, snowboards (packed in an appropriate PICKUPS box or in a hard travel case).
1.4 Goods wrapped in protective layers of bubble wrap and packed carefully into a Storage Container which is sealed closed with tape.
1.5 Other Items wrapped in protective layers of bubble wrap.
1.6 Goods, the Storage Containers, and the Other Items that are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to PICKUPS property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if the Goods are fragile, you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed.
1.7.2 Printers, TVs and other electrical equipment within original packaging including polystyrene interior (combined width, height and length less than or equal to 180cm, and a weight limit of 25kg (inclusive)).
2. What we will not accept
2.1 Single-walled cardboard boxes.
2.2 Bin bags, plastic bags, laundry bags, and canvas bags.
2.3 Musical instruments in soft cases.
2.4 Bicycles, skis, and snowboards not in a double-walled cardboard box or specialist bag.
2.5 Any goods containing liquids, chemicals, or food.
2.6 Anything containing any Prohibited Items.
3. What we will not be liable for
3.1 In terms of outer packing, anything that is considered as packing materials for the Goods or Other Items as per the “What we will accept list” above.
3.2 In terms of Goods:
3.2.1 Glass, crockery, and other fragile items unless packed within a LOVESPACE crockery box;
3.2.2 Goods with any glass element, and other fragile items;
3.2.3 Electronics and small kitchen appliances (including, by way of example, but not limited to rice cookers, kettles);
3.2.4 Jewellery, bullion;
3.2.6 The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments.
3.3 In terms of Other Items:
3.3.1 anything that is not considered as wrapped to be protected against handling and transport as set out in the Packaging Requirements;
3.4 For ‘Storage Unit’ customers, any items which LOVESPACE do not pack, and which do not meet the Packaging Requirements.