Terms

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. Your attention is particularly drawn to clauses 16 (Disclaimer) and 17 (Liability).

  1. This Agreement
    1. This Agreement is made between us, Nearbox, 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”).
    2. 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.
  2. Definitions
    1. In these Terms of Service, the following words have the following meaning:
      1. “Agreement” means the agreement entered into by you and Nearbox for the provision of the Service on these Terms of Service;
      2. “Goods” means the items which you pack and are storaged by Nearbox;
      3. “Service” means the services referred to in clause 6.1;
      4. “Site” means Nearbox's website at http://www.nearbox.co;
      5. “Storage Box” means the storage boxes Nearbox supplies to you, or which you provide in accordance with clause 8, for packing, transporting and storage of your Goods.
  3. Terms of service
    1. 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.
    2. Nearbox may refuse or may cease to provide the Service where Nearbox 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. Nearbox may change these Terms of Service from time to time. Nearbox 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. Your information
    1. 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 Nearbox will always be accurate, correct and up to date.
    2. Nearbox processes information about you in accordance with its Privacy Policy. By using the Service, you consent to such processing.
  5. Password and security
    1. When first signing up, you will choose a username 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 username and password, and are responsible for all activities that occur under your account.
    2. You shall:
      1. keep your username and password strictly confidential and take all reasonable steps to ensure that nobody other than you accesses the Service using your username and password;
      2. promptly notify Nearbox if you become aware or suspect that your username and password have become known to someone else.
  6. The Service
    1. In return for the charges payable under this Agreement, as and when requested by you from time to time, Nearbox shall:
      1. where you request, deliver one or more empty Storage Boxes and other packing materials to your specified delivery address;
      2. collect the Storage Boxes packed with your Goods or your Goods otherwise suitably prepared for transport from your specified collection address on the collection date chosen by you on the Site;
      3. transport the Storage Boxes packed with your Goods or your Goods otherwise suitably prepared for transport to Nearbox's storage facility and store them there;
      4. return each Storage Box packed with your Goods or your Goods otherwise suitably prepared for transport to your specified return address on the date chosen by you on the Site.
    2. Nearbox will not deliver or return Storage Boxes to an address outside of the UK unless Nearbox agrees to do so in writing.
    3. Times given for delivery, collection or return are estimates only and Nearbox shall not be liable for any delay in delivery, collection or return.
    4. Nearbox may cancel or postpone any delivery, collection or return where Nearbox 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 Nearbox having limited access to your specified delivery, collection or return address.
    5. Nearbox will not be responsible for:
      1. dismantling or assembling any unit, system or furniture (including flat pack);
      2. disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
      3. packing Goods into Storage Boxes.
  7. Your responsibilities
    1. You will be responsible for:
      1. obtaining and ensuring that Nearbox or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
      2. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Boxes;
      3. providing Nearbox with your contact details and ensuring that these are accurate and up-to-date;
      4. ensuring that the Goods have been securely packed into Storage Boxes or are otherwise suitably prepared for transport so as not to cause damage or injury or the likelihood of damage or injury to Nearbox's property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
      5. informing Nearbox within two working days of any damage to the Goods or your property that occurred during a delivery, collection or return service.
  8. Storage Boxes
    1. Storage Boxes may be supplied by Nearbox or may be provided by you.
    2. Storage Boxes which you provide must be:
      1. in good condition, sturdy and suitable for transport and storage of the Goods;
      2. not vastly different in dimensions to the Storage Box supplied by Nearbox which is 1.5ft x 1.5ft x 1.5ft. If you wish to provide a Storage Box which has one side or more that is greater than 1.5ft, Nearbox's standard storage charge may not apply and you should contact Nearbox for a quote.
    3. No Storage Boxes, whether supplied by Nearbox or by you, should exceed the maximum weight limit of 23kg.
    4. Storage Boxes greater than 15kg in weight should be clearly marked as heavy. and due care should be exercised in handling such Storage Boxes.
    5. Nearbox, or its delivery partner, may refuse to collect any Storage Box supplied by you or re-deliver, at your cost, any Storage Box supplied by you, if it considers that the Storage Box does not comply with the requirements in this clause 8 or that the Goods have not been securely packed in accordance with clause 7.1.4.
  9. The Goods
    1. 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.
    2. Nearbox does not warrant that the storage facility used by Nearbox is a suitable place or means of storage for any particular goods.
    3. The Goods must not include and you must not store any of the following in the Storage Boxes:
      1. antiques (breakable and fragile);
      2. items containing or made of glass;
      3. perishable goods;
      4. birds, fish, animals or any other living creature;
      5. arms or ammunition;
      6. any item which emits fumes, smell or odour;
      7. bullion (gold-silver), jewellery, currency, ivory, precious metals or stones;
      8. any drugs, illegal substances or goods illegally obtained;
      9. combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents;
      10. chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature;
      11. any other toxic, flammable or hazardous goods;
      12. any other items, the possession or storage of which contravene in any way the laws of the United Kingdom or any other applicable regulations.
    4. Nearbox or its contractor may at any time without notifying you open any Storage Boxes to inspect the Goods:
      1. if Nearbox reasonably believes that they may contain any items described in clause 9.3;
      2. if Nearbox is required to do so by the police, fire services, local authority or by court order;
      3. where Nearbox considers it necessary in an emergency or to prevent injury or damage to persons or property; and
      4. where Nearbox considers it necessary if there is excess weight or inappropriate packing materials used by you.
    5. Nearbox may refuse to store any Goods, or may return to you any Goods, at your cost, at any time, if, in Nearbox'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 site, or any other goods stored at the storage site.
  10. Restrictions
    1. You must not:
      1. use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
      2. 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 Nearbox has previously agreed in writing;
      3. 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.
  11. Charges and payment
    1. You may choose to sign up to the Service on the Site either:
      1. on a rolling month by month basis; or
      2. for a specified minimum period of months chosen by you, up to a maximum of 12 months.
    2. You shall pay to Nearbox charges for the Service as follows:
      1. where you sign up to the Service on a rolling month by month basis, you shall pay Nearbox's standard rates for the time being in force as detailed on the Site; or
      2. where you sign up for a specified minimum period of months, you shall pay Nearbox's set monthly charge as notified to you.
    3. Where you sign up to the Service for a specified minimum period of months, Nearbox will email you at your specified email address 14 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
      1. terminate the Agreement in accordance with clause 21.1; or
      2. be deemed to sign up to the Service on a rolling month by month basis and shall pay to Nearbox charges for the Service in accordance with clause 11.2.1.
    4. All charges are inclusive of VAT. If the rate of VAT changes, Nearbox reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
    5. Nearbox's charges are payable by credit card, debit card or Paypal in advance as follows:
      1. charges for Nearbox to send you empty Storage Boxes and packing materials will be payable when you place an order on the Site;
      2. charges for the first month’s storage, whether the Storage Boxes are provided by you or by Nearbox, and any charges for a higher level of insurance cover which you choose to purchase under clause 12.2, will be payable when you place an order on the Site;
      3. charges for subsequent months storage, and any charges for a higher level of insurance cover which you choose to purchase under clause 12.2, will be payable monthly on the same date that your Storage Boxes are collected from your specified collection address for transit to our Warehouse;
      4. charges for storage, and any charges for a higher level of insurance cover which you choose to purchase under clause 12.2, for the month in which Nearbox returns the Storage Boxes to you will be payable in full when you arrange for your Storage Boxes to be returned;
      5. if:
        1. you sign up to the Service for a specified minimum period of months in accordance with clause 11.2.2; and
        2. you request the return of all or any of the Storage Boxes before the end of the specified minimum period,
  12. you will be liable for all storage charges, and any charges for a higher level of insurance cover which you choose to purchase under clause 12.2, for those Storage Boxes up to the end of the agreed minimum period. These charges will be payable when you request the return of the Storage Boxes; and

        1. charges for Nearbox to return your Storage Boxes to your specified return address (the cost of which as notified to you when you placed the order on the Site), are payable in full when you arrange for your Storage Boxes to be returned.
      1. If you add additional Storage Boxes to those already in storage at Nearbox's storage facility:
        1. the agreed charges for the Storage Boxes already in storage will continue to apply to those Storage Boxes; and
        2. the monthly charges for storage, and any charges for a higher level of insurance cover which you choose to purchase under clause 12.2, in relation to the additional Storage Boxes will be calculated on the basis of the total number of your Storage Boxes that will be in storage.
      2. If you request the return of all or any of the Storage Boxes before the end of the specified minimum period in accordance with clause 11.5.5, you may store the same number of replacement Storage Boxes at Nearbox's storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement Storage Boxes will be covered at the same level of insurance cover as those Storage Boxes which they replace. Charges for:
        1. collection of your replacement Storage Boxes; and
        2. Nearbox to return your replacement Storage Boxes to your specified return address,

      will apply as set out in clause 11.5 above.

        1. Nearbox may charge £10 administration fee to cover Nearbox's costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to Nearbox.
        2. If payment of the charges and any other amounts payable are not received by the due date, Nearbox may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 13) charge 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.
        3. Nearbox may review the monthly charges from time to time. If Nearbox increases the standard monthly rates for the charges:
          1. for all new orders, the new standard rates will take immediate effect;
          2. 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 in accordance with clause 21.1; and
          3. for existing customers who signed up to the Service for a specified minimum period of months, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site.
        4. Nearbox may review the charges for empty Storage Boxes and packing materials from time to time. If Nearbox increases the standard charges, the increased charges will take immediate effect for all new orders.
        5. Additional charges may be applied if:
          1. you are, or someone authorised by you is not, available at the premises at the specified delivery, collection or return time and after reasonable efforts to contact you to rearrange;
          2. Nearbox's carrier is unable to access your premises to deliver or collect Storage Boxes and the delay lasts longer than twenty minutes;
          3. delivery, collection or return of the Storage Boxes takes over one hour to complete from arrival at your address through no fault of Nearbox's carrier;
          4. you request that delivery, collection or return of the Storage Boxes be carried out outside of normal working hours (9.00a.m. — 5.30p.m. Monday — Friday);
          5. Nearbox has to deliver or collect Storage Boxes from above the first floor without being able to use a lift.
      1. Insurance
        1. Nearbox will insure each Storage Box up to a maximum of £100 to cover:
          1. transporting of the Storage Boxes to Nearbox's storage facility;
          2. storage of the Storage Box at Nearbox's storage facility; and
          3. returning each Storage Box to your specified return address.
        2. You may choose to purchase a higher level of insurance cover for a monthly fee at Nearbox's standard rates for the time being in force as detailed on the Site.
        3. If you choose to purchase a higher level of insurance cover in accordance with clause 12.2, the monthly fee for such higher insurance cover will be as notified to you when you place the order on the Site.
      2. Right to Withhold or Dispose of Goods
        1. If you do not pay the charges or any other payments due under this Agreement, Nearbox shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 13. You will be responsible for all storage charges and other associated costs reasonably incurred by Nearbox while withholding or disposing of the Goods.
        2. Nearbox will provide you with 28 days written notice requiring you to pay all amounts due and to contact Nearbox to arrange for re-delivery of the Storage Boxes. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, Nearbox may dispose of some or all of the Goods by sale, gift to charity, or otherwise.
        3. If in Nearbox's reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite Nearbox's reasonable efforts they remain unsold, you authorise Nearbox to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
        4. You shall be responsible for all costs reasonably incurred by Nearbox in relation to the disposal of the Goods. If Nearbox receives money on disposal of the Goods the net proceeds of sale will be credited to your account and Nearbox will pay any excess to you without interest, less Nearbox's administrative charge of £40.
        5. If, after having made all reasonable efforts to do so, Nearbox is unable to return any excess to you, including having given not less then 90 days’ written notice to you in accordance with clause 24, Nearbox may retain any such excess for its own account.
        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 Nearbox within seven days of a written demand from Nearbox. Interest will continue to accrue on the balance under clause 11.9 until it is paid in full.
      3. Return of packing materials
        1. You are able to return unused packing materials that are in a re-saleable condition to us for a full refund provided that you notify us 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.
        2. We will not refund the delivery charge for you to return the packing materials to us.
        3. Please notify us of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by us.
        4. Once the packing materials have been received by us we will refund you on the payment method used by you to pay for the packing materials. We recommend 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 us.
      4. Feedback
        1. Where you provide Nearbox with any feedback or suggestions in relation to the Site or the Service, you agree that Nearbox shall have no confidentiality obligations with respect to such feedback or suggestions and Nearbox may use or incorporate into the Site or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you.
      5. Disclaimer
        1. Nearbox provides the Site on an “as is” and “as available” basis with all faults. Nearbox does not warrant that use of the Site will be error-free or uninterrupted or that any defects will be corrected.
        2. Nearbox will provide the Service with reasonable care and skill and substantially as described in this Agreement. Nearbox does not make any other promises or warranties about the Service.
      6. Nearbox's liability to you
        1. In this clause 17, Nearbox limits its liability to you for the Goods. You acknowledge that Nearbox is unaware of the value of the Goods to be stored. We recommend that you arrange insurance to cover the Goods.
        2. When Nearbox returns the Storage Boxes packed with your Goods to you, you must promptly examine the Goods and notify Nearbox of any loss of or damage to the Goods within two working days of delivery.
        3. Subject to clause 17.6, in respect of each Storage Box, Nearbox's total liability for the Service or any breach of this Agreement or for any negligence (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of (a) the cost price of the contents of the Storage Box and (b) the current replacement cost of the contents of the Storage Box at the date of the claim and (c) £100 or if you chose to purchase a higher level of insurance cover for the applicable Storage Box in accordance with clause 12.2, such higher amount.
        4. Nearbox shall not in any event be responsible for loss or damage that falls into the following categories:
          1. loss or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by Nearbox or any deliberate or negligent act or omission on the part of Nearbox or its contractors; or
          2. loss of business, sales, revenue, profits or anticipated savings; or
          3. 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.
        5. In the event of a claim, Nearbox shall be entitled to require proof of the cost price and the current replacement cost of the contents of the Storage Box.
        6. Nothing in these Terms of Service excludes or limits Nearbox's liability for:
          1. death or personal injury caused by Nearbox's negligence; or
          2. fraud or fraudulent misrepresentation.
      7. Your liability to Nearbox
        1. You shall reimburse Nearbox in full an amount equal to all damages, liabilities, costs, claims and expenses that Nearbox may incur as a result of your use of the Service or any breach by you of this Agreement.
      8. Ownership of rights
        1. All rights, including copyright, in the Site and the Service are owned by or licensed to Nearbox. “Nearbox™” is a trade mark of Nearbox Limited.
      9. Right to Cancel – “Cooling Off Period”
        1. You have the right to change your mind and cancel this Agreement within 7 working days of making this Agreement. If you wish to cancel within the 7 working days you must notify Nearbox in accordance with clause 24. However, if you request collection of your Storage Boxes on a date which is before this cancellation period expires, then the Service will have commenced on that date and you shall then no longer have the right of cancellation.
      10. Termination
        1. You may terminate this Agreement at any time by requesting the return of your Storage Boxes packed with your Goods and paying any outstanding charges due to Nearbox.
        2. Nearbox may terminate this Agreement with immediate effect by notice in writing to you, if:
          1. you fail to pay any amount due, including any interest accrued, by the date due; or
          2. you are in breach of any term of this Agreement.
        3. Nearbox may terminate this Agreement for any reason by giving you not less than 30 days written notice.
        4. Upon termination of this Agreement for any reason you must contact Nearbox promptly to arrange for re-delivery of the Storage Boxes.
        5. If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Boxes, then Nearbox may dispose of the Goods in accordance with the provisions of clause 13.
      11. Assignment and sub-contracting
        1. You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without Nearbox's prior written consent.
        2. This Agreement shall be binding on your personal representatives, successors and permitted assigns.
        3. Nearbox 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.
        4. Nearbox 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 Nearbox of any liability under this Agreement.
      12. Force majeure
        1. Nearbox 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.
      13. Notices
        1. 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:
          1. if to Nearbox — to its head office address or email address as stated for the time being on the Site;
          2. if to you — to the residential address or email address for you which you registered with Nearbox or which you last notified to Nearbox.
        2. 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.
      14. General
        1. Save as expressly provided in the Terms of Service, this Agreement constitutes the whole agreement and understanding between you and Nearbox relating to the Service.
        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.
        3. The failure of Nearbox to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
        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.
        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.
        6. This Agreement is governed by English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.

      Nearbox


      London based startup setting to tackle your storage problems, one box at a time.

      Contact Us


      01463 630065
      Live Chat
      support@nearbox.co

      Copyright © 2014 Nearbox. All Rights Reserved.