ACCEPTANCE OF TERMS: 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.
1.0 This Agreement
This Agreement is made between us, DPV Executive Ltd. T/A BOXSMART (a company registered in Ireland under number 416095 with its registered office at 9 Tallow Road, Youghal, Co. Cork) (“BOXSMART”), and you, the person who wishes to use the Service and who enters into this Agreement by accepting these Terms of Service (“you” and “your”).
You must be at least 18 years old to use the Service. By registering to use the Service, you represent and warrant that you are 18 years of age or older.
In these Terms of Service, the following words have the following meaning:
“Agreement” means the agreement entered into by you and BOXSMART for the provision of the Service on these Terms of Service;
“Goods” means the items which you pack into Storage Containers for storage by BOXSMART;
“Packaging Requirements” means BOXSMART’s packaging requirements from time to time,
“Service” means the services referred to in clause 5.1;
“Site” means BOXSMART’s website at BOXSMART.IE;
“Storage Container” means a storage box which BOXSMART supplies to you for packing, transporting and storage of your Goods.
3.0 Terms of service
In order to use the Service, you must agree to these Terms of Service. You may not use the Service if you do not accept these Terms of Service. Your use of the Service will be taken as acceptance of these Terms of Service.
BOXSMART may refuse or may cease to provide the Service where BOXSMART 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.
BOXSMART may change these Terms of Service from time to time. BOXSMART 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 which shall not be less than ten days from when notice is given. If you use the Service 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 21.
4.0 Your information
In order to use the Service, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to BOXSMART will always be accurate, correct and up to date.
5.0 The Service
In return for the charges payable under this Agreement, as and when requested by you from time to time, BOXSMART shall:
where you request, deliver one or more empty Storage Containers and other packing materials to the ground floor of your specified delivery address;
collect the Storage Containers packed with your Goods and suitably prepared for transport, from the ground floor of your specified collection address on the collection date chosen by you on;
transport the Storage Containers packed with your Goods suitably prepared for transport to BOXSMART’s storage facility and store them there;
return each Storage Container packed with your Goods to the ground floor of your specified return address on the date chosen by you
You agree that the number of Storage Containers that you requested on the Site be collected shall be conclusive as to the number of Storage Containers collected by BOXSMART, subject to any change to the number that may be made at the time of collection.
You agree that if you arrange for a delivery, collection or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site from time to time shall be payable.
BOXSMART will not deliver, collect or return Storage Containers to an address outside of Ireland, unless BOXSMART agrees to do so in writing.
Times given by BOXSMART on the Site or otherwise for delivery, collection or return are estimates only and BOXSMART shall not be liable for any delay in delivery, collection or return.
BOXSMART may cancel or postpone any delivery, collection or return where BOXSMART 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 or by reason of BOXSMART having limited access to your specified delivery, collection or return address.
BOXSMART will not be responsible for:
- dismantling or assembling any unit, system or furniture (including flat pack);
- disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
- packing Goods into Storage Containers
6.0 Your responsibilities
You will be responsible for:
obtaining and ensuring that BOXSMART or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Containers;
providing BOXSMART with your contact details and ensuring that these are accurate and up-to-date;
notifying BOXSMART of any changes regarding your orders by 3 pm the day before the:
- delivery of your materials;
- collection of your Storage Containers; or
- return of your Storage Containers,
- or, where such delivery, collection or return is scheduled on a Monday, by 3pm the Friday before.
- the Goods have been securely packed into Storage Containers in accordance with our Packaging Requirements from time to time and are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to BOXSMART’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; and
- each Storage Container is labelled with the specific label provided by BOXSMART which is affixed securely with tape; and
- informing BOXSMART within 48 hours of any loss or damage to the Goods or your property that occurred during a delivery, collection or return service. You acknowledge that BOXSMART will not be responsible for any loss or damage if you fail to inform BOXSMART within such time period.
7.0 Storage Containers
Storage Containers must be supplied by BOXSMART.
Storage Containers must be in good condition and suitable for transport and storage of the Goods;
No Storage Containers should exceed the maximum weight limit of 25kg. Any containers exceeding the maximum weight limit will be subject to the following :
A penalty for the item being overweight, whereby any container exceeding the maximum weight limit of 25kg will incur a penalty fee of €40 plus €1 per kilo per box in excess of 25kg, applicable per order containing one (or more) item(s) that are overweight;
BOXSMART reserves the right to repack the over-weight storage containers into one (or more) Storage Containers that each weigh no more than 25kg. A charge for any packing or repacking T&M (Time and Materials) required to repack the over-weight containers into one (or more) Storage Containers, weighing no more than 25kg each, will apply. The repacking fee will apply as follows, on a per box basis: Standard BOXSMART Box: €5
A change to the pricing plan contract may apply if the total number of boxes in an order is changed. Where the total number of boxes is reduced a credit may be applicable if the total monthly storage price is lower than the monthly storage price originally paid for. In the event of an increase in the total number of boxes in the order then charges may be applicable if the total monthly storage price is higher than the monthly storage price originally paid for,
BOXSMART, or any delivery partner acting on BOXSMART’s behalf, may at any time :
- refuse to collect any Storage Container supplied by you;
- redeliver, at your cost, any Storage Container supplied by you; or
- repackage, at your cost, any Storage Container,
if it reasonably considers that the Storage Container does not comply with the Packaging Requirements or this clause 7 or that the Goods have not been securely packed.
8.0 The Goods
You warrant that the Goods are your own property or that you have the right and authority to store the Goods in accordance with this Agreement.
BOXSMART does not warrant that the storage facility used by BOXSMART is a suitable place or means of storage for any particular goods.
The Goods must not include and you must not store any of the following in the Storage Containers:
- Liquids and semi-liquid foods in glass containers.
- All perishable goods.
- Non-perishable food unless packed so that they are protected from and do not attract vermin.
- Antiques (breakable and fragile).
- Birds, fish, animals or any other living creature.
- Explosive weapons or ammunition.
- Sharp knives or other kitchen implements unless blade is fully protected with a suitable material.
- Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
- Chemicals, radioactive materials, biological agents, including household cleaners.
- Toxic waste, asbestos or other materials of a dangerous nature.
- Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
- Specialised equipment with electronic and/or fragile components.
You agree that BOXSMART or any contractor acting on BOXSMART’s behalf may at any time without notifying you open any Storage Container to inspect the Goods:
- if BOXSMART reasonably believes that it may contain any items described in clause 8.3;
- if BOXSMART is required to do so by the police, fire services, local authority or by court order;
- in order for BOXSMART to investigate title to the Goods in the event of any dispute;
- where BOXSMART 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;
- where BOXSMART considers it necessary if there is excess weight or inappropriate packing materials used by you; and
- if BOXSMART reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, BOXSMART may repack the Storage Container.
refuse to store any Goods; or
return to you any Goods, at your cost, at any time,
if, in BOXSMART’s reasonable opinion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage facility, or any other goods stored at the storage facility.
You agree that if title to the Goods is subject to any third party claim:
BOXSMART has the right to investigate the title and be satisfied as to such title before returning the Goods; and
BOXSMART may keep possession of the Goods until it has completed any investigation.
You must not:
use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless BOXSMART has previously agreed in writing;
attempt to interfere with or disrupt the Service 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.
10.0 Charges and payment
You may sign up to the Service on the Site on a rolling month by month basis
You shall pay to BOXSMART charges for the Service as follows:
where you sign up to the Service on a rolling month by month basis, you shall pay BOXSMART’s standard rates for the time being in force as detailed on the Site
BOXSMART reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Storage Container collected:
exceeds the maximum weight limit of 25kg.
In the event that a driver is left waiting, and BOXSMART incurs a cost for the waiting time, BOXSMART reserves the right to charge you for the full cost of the waiting time.
BOXSMART can, upon request, check items in the warehouse and provide a description of a customer’s items by label number. Each check, as understood by each journey required by a BOXSMART agent to verify a piece of information requested by the customer that involves entering the warehouse to do so, will be charged at a flat rate of €5 for up to 10 boxes, after which there is an additional charge of €1 for each box.
All charges are exclusive of VAT. If the rate of VAT changes, BOXSMART reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
BOXSMART’s charges are payable by credit card or debit card in advance as follows:
charges for BOXSMART to send you empty Storage Containers and packing materials will be payable when you place an order on the Site;
charges for subsequent months’ storage will be payable monthly on the same date that your Storage Containers are collected from your specified collection address for transit to BOXSMART’s Warehouse;
charges for storage, for the month in which BOXSMART returns the Storage Containers to you will be payable in full when you arrange for your Storage Containers to be returned;
If you add additional Storage Containers to those already in storage at BOXSMART’s storage facility:
the agreed charges for the Storage Containers already in storage will continue to apply to those Storage Containers.
BOXSMART may charge €10 administration fee to cover BOXSMART’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to BOXSMART.
If payment of the charges and any other amounts payable are not received by the due date, BOXSMART may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods), charge interest on the outstanding amount at the rate of 5% per annum.
BOXSMART may review the monthly charges from time to time. If BOXSMART increases the standard monthly rates for the charges:
for all new orders, the new standard rates will take immediate effect;
for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement; and
BOXSMART may review the charges for empty Storage Containers and packing materials from time to time. If BOXSMART increases the standard charges, the increased charges will take immediate effect for all new orders.
Additional charges as set out on the Site from time to time may be applied if:
you provide insufficient or inaccurate address information;
you, 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 and after reasonable efforts to contact you to rearrange;
BOXSMART’s carrier is unable to access your premises to deliver or collect Storage Containers and the delay lasts longer than twenty minutes;
delivery, collection or return of the Storage Containers takes over one hour to complete from arrival at your address through no fault of BOXSMART’s carrier;
you request that delivery, collection or return of the Storage Containers be carried out outside of normal working hours (7.00am — 18.00pm Monday — Friday);
BOXSMART has to deliver or collect Storage Containers from above the ground floor without being able to use a lift.
11.0 Right to Withhold or Dispose of Goods
If you do not pay the charges or any other payments due under this Agreement, BOXSMART shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 11. You will be responsible for all storage charges and other associated costs reasonably incurred by BOXSMART while withholding or disposing of the Goods.
BOXSMART will provide you with 28 days written notice requiring you to pay all amounts due and to contact BOXSMART to arrange for re-delivery of the Storage Containers. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, BOXSMART may dispose of some or all of the Goods by sale, gift to charity, or otherwise.
If in BOXSMART’s reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite BOXSMART’s reasonable efforts they remain unsold, you authorise BOXSMART to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
You shall be responsible for all costs reasonably incurred by BOXSMART in relation to the disposal of the Goods. If BOXSMART receives money on disposal of the Goods the net proceeds of sale will be credited to your account and BOXSMART will pay any excess to you without interest, less BOXSMART’s administrative charge of €50.
If, after having made all reasonable efforts to do so, BOXSMART is unable to return any excess to you, including having given not less then 90 days’ written notice to you, BOXSMART may retain any such excess for its own account.
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 BOXSMART within seven days of a written demand from BOXSMART. Interest will continue to accrue on the balance until it is paid in full.
12.0 Return of packing materials
You are able to return unused packing materials that are in a re-saleable condition to BOXSMART for a refund provided that you notify BOXSMART of your intention to return the packing materials within 7 days of the date on which the packing materials are delivered to your specified delivery address.
BOXSMART will not refund the delivery charge for you to return the packing materials to BOXSMART.
Please notify BOXSMART of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by BOXSMART.
Once the packing materials have been received by BOXSMART, BOXSMART will in its discretion:
- refund you on the payment method used by you to pay for the packing materials; or
- credit your account for the correct amount.
BOXSMART recommends that you use a postage method that provides tracking for the parcel, so that you can prove when the packing materials are received back by BOXSMART.
Where you provide BOXSMART with any feedback or suggestions in relation to the Site or the Service, you agree that BOXSMART shall have no confidentiality obligations with respect to such feedback or suggestions and BOXSMART may use or incorporate into the Site or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you.
BOXSMART provides the Site on an “as is” and “as available” basis with all faults. BOXSMART does not warrant that use of the Site will be error-free or uninterrupted or that any defects will be corrected.
BOXSMART will provide the Service with reasonable care and skill and substantially as described in this Agreement. BOXSMART does not make any other promises or warranties about the Service.
15.0 BOXSMART’s liability to you
In this clause 15, BOXSMART limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods. You acknowledge that BOXSMART is unaware of the value of the Goods to be stored and does not insure or arrange insurance for the Goods. BOXSMART recommends that you arrange your own insurance to cover the value of the Goods.
When BOXSMART returns the Storage Containers packed with your Goods to you, you must promptly examine the Goods and notify BOXSMART of any loss of or damage to the Goods within two working days of redelivery of the Goods to you. If you fail to inform BOXSMART within such time period, BOXSMART will not be liable to you for any loss or damage.
In the event of a claim, BOXSMART shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to BOXSMART’s enquiries and requests for information in respect of the Goods. If you do not provide BOXSMART with any information or documents requested by BOXSMART within 28 days of BOXSMART’s request, BOXSMART will not be liable to you for the loss of or damage to the Goods.
In respect of each Storage Container, BOXSMART’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service or any breach of this Agreement by BOXSMART or for any loss of or damage to the Goods (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of:
- the cost price of the Goods in the Storage Container;
- the current replacement cost of the Goods in the Storage Container at the date of the claim; and
BOXSMART shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
- loss of or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by BOXSMART or any deliberate or negligent act or omission on the part of BOXSMART or its contractors;
- any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if BOXSMART was aware of the possibility of such a loss; or
- loss of or damage to the Goods which is caused by your failure to comply with this Agreement;
- loss of or damage to any Goods of a type listed or those set out in the Packaging Requirements under the heading “What we will not be liable for”;
- loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
- loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
BOXSMART shall have no liability to you:
- for damage to the Storage Containers themselves (as opposed to the Goods inside the Storage Containers); or
- if the Goods are seized under any law or court order.
Nothing in these Terms of Service excludes or limits BOXSMART’s liability for:
- death or personal injury caused by BOXSMART’s negligence; or
- fraud or fraudulent misrepresentation.
16.0 Your liability to BOXSMART
You shall reimburse BOXSMART in full an amount equal to all damages, liabilities, costs, claims and expenses that BOXSMART may incur as a result of your use of the Service or any breach by you of this Agreement.
17.0 Ownership of rights
All rights, including copyright, in the Site and the Service are owned by or licensed to BOXSMART.
18.0 Right to Cancel – “Cooling Off Period”
Each request for the Service by you shall constitute a separate contract between you and BOXSMART on these Terms of Service.
Subject to clause 3, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with BOXSMART. If you wish to cancel within the 14 calendar days you must notify BOXSMART.
You acknowledge that you will lose your right to cancel under clause 2 if you request BOXSMART to collect the Goods before the period of 14 calendar days elapses.
You may terminate this Agreement at any time by requesting the return of your Storage Containers packed with your Goods and paying any outstanding charges due to BOXSMART.
BOXSMART may terminate this Agreement with immediate effect by notice in writing to you, if:
- you fail to pay any amount due, including any interest accrued, by the date due; or
- you are in breach of any term of this Agreement.
BOXSMART may terminate this Agreement for any reason by giving you not less than 30 days written notice.
Upon termination of this Agreement for any reason you must contact BOXSMART promptly to arrange for re-delivery of the Storage Containers.
If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Containers, then BOXSMART may dispose of the Goods in accordance with the provisions of clause 11.
20.0 Assignment and sub-contracting
You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without BOXSMART’s prior written consent.
This Agreement shall be binding on your personal representatives, successors and permitted assigns.
BOXSMART shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
BOXSMART may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation and storage), but such sub-contracting shall not relieve BOXSMART of any liability under this Agreement.
21.0 Force majeure
BOXSMART will not be liable or responsible for any damage to or loss of the Goods, 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; 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.
Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
if to BOXSMART — to its head office address or email address as stated for the time being on the Site;
if to you — to the billing address or email address for you which you registered with BOXSMART or which you last notified to BOXSMART.
Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
Save as expressly provided in the Terms of Service, this Agreement constitutes the whole agreement and understanding between you and BOXSMART relating to the Service.
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.
The failure of BOXSMART to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
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.
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.
This Agreement is governed by Irish Law and both parties submit to the exclusive jurisdiction of the Irish Courts.
24.0 Promotional Codes
BOXSMART promotional codes allow you to receive a discount on your order, either as a percentage or an absolute monetary amount.
You may not post your promotional code on voucher websites, affiliate marketing schemes or other 3rd party websites.
You may not create fake accounts, split your bookings with the intention of exploiting a promotional code or otherwise engage in attempts at forgery or fraud.
25.0 Packaging Requirements
WHAT WE WILL ACCEPT
Standard boxes (50x50x50cm, 25kg)
WHAT WE WILL NOT ACCEPT
- Any items not in a cardboard box
- Bin bags, plastic bags, laundry bags, and canvas bags
- Musical instruments in soft cases
- Bicycles, skis and snowboards not in a BOXSMART box
- Any item over 25kg, any box over 50x50x50cm other than BOXSMART-supplied boxes
- Any goods containing liquids, chemicals or food
- Please call us if you have items outside this range as we may be able to help
- Anything containing items on our “banned list”
WHAT WE WILL NOT BE LIABLE FOR
- In terms of contents;
- Glass, crockery and other fragile items
- Goods with any glass element, and other fragile items.
- Jewellery, bullion
- The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments