General Terms and conditions
How it works ?
The steps : What to do
Step 1
Create your account on the website www.boxenloc.com by completing all fields
Step 2
Activate the link delivered to your inbox
Step 3
Log onto your BOX EN LOC account on the website www.boxenloc.com
Step 4
Choose a STORAGE FACILITY, a STORAGE UNIT and book it
Step 5
Order and necessarily pay by credit card at least the first month, given that the AGREEMENT is tacitly renewed
Step 6
Send the following documents to BOX EN LOC :
a proof of adress
a copy of your identity paper
the BOX EN LOC agreement completed
your bank account details
(mentioned in paragraphe 4.1)
or by post to the following address :910 avenue Louis Coppel 74300 THYEZ
Step 7
Extend the required rental period by the due date and preferably pay by credit card via your BOX EN LOC account.
Step 8
Remember to give notice by email to the following address : contact@boxenloc.com 14 days at the latest before termination.
1/ PURPOSE OF THE AGREEMENT
1.1 Throughout the term of the AGREEMENT, the CUSTOMER is granted the right to occupy and use one/several STORAGE UNIT(S) to store, put away or to archive his/her goods. In return, the CUSTOMER undertakes to pay monthly fees in advance and to occupy and use the STORAGE UNIT(S) made available to him/her only in accordance with the terms of the AGREEMENT and the RULES AND REGULATIONS.
1.2 The goods are stored under the CUSTOMER's responsibility and liability. BOX EN LOC is not supposed to be informed about the nature, the contents or the amount of the goods stored. The AGREEMENT, in no circumstances, may fall under the scope of or may be considered as a bailment. Therefore, BOX EN LOC is under no obligation to keep under surveillance, to look after, to maintain or to preserve the goods stored within the meaning of articles 1927 and following of the civil code.
The parties agree that the AGREEMENT is a contract of services which does not fall under the scope of or cannot be considered as a commercial lease regardless of the rental period of the STORAGE UNIT(S) or the legal status of the CUSTOMER
1.3 The AGREEMENT, which is concluded on an intuitu personae basis, shall not be assigned to any third party and the CUSTOMER may under no circumstances make the STORAGE UNIT(S) in full or in part available to any third party.
1.4 A STORAGE UNIT is booked validly and conclusively by electronic validation ("simple click").
The "simple click" combined with the authentication and non-repudiation procedure andrespect for the integrity of messages constitutes an electronic signature. The parties are bound by an electronic signature in the same way as by a handwritten signature.
1.5 Furthermore, the CUSTOMER accepts email as a proper and sufficient method of communication for any purpose between him/her and BOX EN LOC (except for the entry codes sent by SMS by BOX EN LOC and if the manager needs to be reached by phone as quickly as possible in an on-site emergency).
2 / TERM OF THE AGREEMENT
2.1 a) The contract does not have a minimum term, but the minimum billing is one month for the first month.
b) In case the rental period begins within the month, the AGREEMENT starts on the date mentioned on the CUSTOMERS’s booking and in the AGREEMENT and finishes the following month on the same date.
For example: a rental period starting on 5th of the month finishes on 4th of the following month.
2.2 The AGREEMENT is tacitly renewed at the end of each month for one-month term unless cancellation is notified by either party at least 14 days before departure, by email to the following address : contact@boxenloc.com, or failing that by post, by simple letter to the following address : BOX EN LOC 910 Avenue Louis Coppel 74300 THYEZ, provided it is received at least 14 days before departure. Cancellation sent by SMS or by phone is not considered. The effective date of the cancellation notice is the day the email or the letter is received. Simple letters and letters with recorded delivery are to be avoided because they result in an extension of the length of notice of cancellation which only takes effect when the notice is received.
2.3 Should the CUSTOMER fail to notify BOX EN LOC, the AGREEMENT shall continue until BOX EN LOC is informed, and if such is the case the CUSTOMER shall be invoiced 14 additional days corresponding to the notice of termination which has not been met by the CUSTOMER.
2.4 In case the STORAGE UNIT booked by the CUSTOMER is not available or in case BOX EN LOC cannot perform the AGREEMENT for any other reason, BOX EN LOC shall inform the CUSTOMER as soon as possible and shall refund the CUSTOMER as quickly as possible and within 30 days of receipt of the amount paid. Beyond this term, the sum due is interest bearing at the legal rate.
3/ PURPOSE AND USE OF THE STORAGE UNIT
3.0 Each STORAGE UNIT has a single number. The CUSTOMER undertakes to use exclusively the storage unit(s) with the same number(s) as the one(s) booked electronically or allocated by BOX EN LOC by email. Consequently, the CUSTOMER can under no circumstances whatsoever use a STORAGE UNIT with another number as he/she likes, even though it seems available, unless he/she has obtained prior written consent of BOX EN LOC. In an emergency, if the CUSTOMER cannot reach BOC EN LOC by phone or by any In another means, BOX EN LOC accepts to depart from this rule expressly on the condition that the CUSTOMER informs BOX EN LOC by email immediately. Unless this information is received, BOX EN LOC reserves the right to remove the goods within 24 hours.
3.1 Purpose
The STORAGE UNIT is a storage space and it is particularly prohibited from:
- using it for commercial, industrial or professional activities, handicrafts manufacturing,
- setting up there one's head office,
- having one's postal address there,
- mentioning the STORAGE UNIT in the Company Register or in the Trade Directory,
- assigning or securing any rights to a third party over the STORAGE UNIT or letting a third party use the storage unit in full or in part even at no charge,
- living or taking up residence in the STORAGE UNIT, permanently or from time to time. The CUSTOMER shall not claim any right to maintain occupancy or any right to housing or any right of possession whatsoever, particularly at a commercial level.
The CUSTOMER undertakes to use his/her STORAGE UNIT with due care and in accordance with the AGREEMENT and the RULES and REGULATIONS.
In the event of non-compliance with any of the obligations imposed on the CUSTOMER by this AGREEMENT or the INTERNAL REGULATIONS, the AGREEMENT shall be terminated by BOX EN LOC by registered letter with acknowledgement of receipt - Notice of Termination, twenty (20) days after the sending of a first registered letter with acknowledgement of receipt requesting compliance with the AGREEMENT. The period runs from the date of first presentation.
3.2. Condition of the storage unit
As from the beginning of the rental period, the CUSTOMER's occupancy of the STORAGE UNIT entails acceptance of the STORAGE UNIT(S) as it is/ they are. He/She shall inform BOX EN LOC immediately and without delay in the event a STORAGE UNIT does not meet his/her expectations. Furthermore, the CUSTOMER is reminded that in any case he/she can visit visit the STORAGE UNIT before entering it in order to avoid any inconvenience.
3.3 Prohibition of storage
The CUSTOMER is allowed to store any product classified "ordinary risk" in terms of insurance, provided he/she respects the storage rules and prohibitions mentioned in the RULES and REGULATIONS and hereinafter. BOCX EN LOC prohibits from storing any dangerous goods, firearms, chemicals, radioactive products, biological products, drugs, counterfeit, flammable products, polluants, poisons, explosives, perishables, living or dead animals, plants, cremation ashes. The CUSTOMER is also forbidden from storing valuables (cash, cheques and any means of payment), deeds, contracts, crops, trees, precious stones and metals such as gold ingots, valuables such as jewels, watches, vehicles with a registration number, caravans and trailers, boats, paintings, collector's stamps, works of art and pieces of furniture worh more than €7,500 each, any sound recording and reproducing apparatus and computer hardware. In the event some goods, the storage of which is prohibited, are damaged, no legal action can be taken against BOX EN LOC.
Furthermore BOX EN LOC cannot guarantee frost protection during periods of bitter cold.
3.4 Responsibility and Liability
The goods are stored under the CUSTOMER's responsibility and liability. BOX EN LOC is not supposed to be informed about the goods stored. The CUSTOMER remains the keeper, the guardian and the custodian of the goods stored within the meaning of articles 1384 paragraph 1 of the civil code. Consequently he/she will be held responsible and liable if damage is caused to the goods stored in neighboring STORAGE UNITS, to the STORAGE FACILITY or to people.
The CUSTOMER shall choose himself the padlock(s) that lock(s) his/her STORAGE UNIT(S), which must be locked as soon as it is/ they are used. So, he/she is the sole owner of the key(s)/code(s) of his/her padlock(s) and is therefore solely responsible for the safe-keeping of the key(s)/code(s) giving access to his/her STORAGE UNIT(S).
The characteristics of the padlock must comply with the diagram below :
A= 30 Ã 40mm
The CUSTOMER has at his/her disposal a personal and confidential code giving access to the STORAGE FACILITY. He/She is the only person who has this code at his/her disposal and is therefore solely responsible and liable for disclosing this code to any third parties. BOX EN LOC cannot be held responsible for the disclosure of the entry code to the STORAGE UNIT and for its consequences.
The CUSTOMER undertakes to permanently keep the STORAGE UNIT locked up except for the time spent in moving goods in and out and BOX EN LOC is not obliged to check that the STORAGE UNIT is properly locked. BOX EN LOC cannot be held responsible in the event a third party enters the STORAGE UNIT by using the CUSTOMER's key or code, nor for the theft of the goods stored by the CUSTOMER.
In case BOX EN LOC is requested to break the CUSTOMER’s padlock, the CUSTOMER shall be charged €50.
Furthermore the CUSTOMERS who do not have permanent resident status in the European Union (Swiss citizens, for example) are reminded that the goods stored in BOX EN LOC FACILITIES, which originate from a country outside the European Union, shall be covered by customs clearance, regardless of their purpose after the self-storage period. In any case, as BOX EN LOC is not supposed to be informed of the nature of the goods stored, the CUSTOMER declares that he/she will deal with the customs declaration and its consequences.
3.5. Access requirements to the STORAGE FACILITY
The CUSTOMER undertakes to enter the STORAGE FACILITY, to move into it and to enter the STORAGE UNIT made available to him/her in accordance with the RULES AND REGULATIONS and internal memorandums made known through posting.
3.6 Handling equipment
The CUSTOMER is solely liable for the use of the handling equipment made available to him/her. By taking possession of the equipment, the CUSTOMER expressly acknowledges that the equipment is free from any defects or malfunctions. Any damage caused by the CUSTOMER to the equipment made available is likely to be charged according to the damages.
The equipment can only by used by the CUSTOMER to allow him/her to move his/her goods in BOX EN LOC's STORAGE FACILITY. From taking possession of the equipment until it is returned, the CUSTOMER remains the keeper, the guardian and the custodian of the equipment and shall oversee and monitor it, within the meaning of article 1384 paragraph 1 of the civil code. Consequently, BOX EN LOC cannot be held responsible in the event damage is caused by the handling equipment under the CUSTOMER's supervision. A fortiori the CUSTOMER is liable for his/her own handling equipment.
3.7 Use of the platform and of the goods lift.
This paragraph concerns only the CUSTOMERS whose STORAGE UNITS are located on a platform.
The CUSTOMER is informed that the maximum load on the platform is limited to 500 kg/m2 in the STORAGE FACILITY in La Balme de Sillingy and to 750 kg/m2 in the STORAGE FACILITY in Thonon.
If the CUSTOMER needs to use the goods lift, the following instructions must imperatively be read and applied:
The people are strictly prohibited from being transported in the goods lift.
The use of the goods lift is reserved to authorized and informed users
The goods lift maximum load is 500 kg in both STORAGE FACILITIES equipped.
The load must be uniformly distributed and must not exceed the edges of the tray.
The appliance can only be operated with closed door.
In case of emergency, pressing the stop button results in the immediate stopping of the appliance.
The operating instructions posted on the appliance must be read before using it.
The CUSTOMER declares that he/she is aware of these constraints related to the use of the platform and of the goods lift and undertakes to follow the operating and safety instructions. In case a faulty use or a failure to follow the instructions entails maintenance costs, BOX EN LOC will charge the CUSTOMER for these costs.
3.8 Fire protection
Storing any product likely to cause fire or explosion is prohibited.
Smoking is forbidden inside the entire STORAGE FACILITY and as far as ten metres from the front doors. The CUSTOMER is reminded that in the event of smoke, a smoke alarm automatically goes off and necessarily requires someone to be called in to reset it, which means any setting off caused by the CUSTOMER shall be charged €100 inclusive of tax.
Any electrical malfunction likely to cause fire or explosion and noticed by the CUSTOMER must be notified by the CUSTOMER within 24 hours.
The use of an extinguisher by the CUSTOMER must be notified by the CUSTOMER within 24 hours.
An extinguisher missing from its place noticed by the CUSTOMER must be notified.
Any hot work operation such as those requiring a "burning permit" are prohibited in the entire STORAGE FACILITY and as far as ten metres from the front doors.
Furthermore, if after damage due to fire or explosion, the insurance company establishes that the CUSTOMER, in breach of the present agreement, has caused, has contributed to cause or has aggravated the aforementioned damage, BOX EN LOC will be entitled to take legal action against the CUSTOMER to claim compensation for the direct and indirect losses.
3.9.1 Intruder alarm
The STORAGE FACILITY housing the STORAGE UNITS is protected by an intruder alarm.
The CUSTOMER undertakes to notify BOX EN LOC immediately in case of a breakdown or failure of the intruder alarm.
The CUSTOMER undertakes not to disclose the entry codes to anyone and a fortiori to any unknown person.
BOX EN LOC is solely entitled to pass on the codes which are personal and confidential.
Any alarm setting off caused by the CUSTOMER results in calling in a security team, which shall be charged €100 inclusive of tax each.
3.9.2 Video-surveillance
For security reasons, each STORAGE FACILITY is equipped with a video surveillance system, the recorded data of which are kept in accordance with the legal recommendations.
3.10 Waste
The CUSTOMER undertakes not to leave part or all his/her goods or his/her equipment
outside the STORAGE UNIT and to remove his/her waste from the STORAGE FACILITY and its vicinity. BOX EN LOC reserves the right to charge the removal
of bulky waste left in or nearby the STORAGE UNIT, or in unauthorized places. In this case the CUSTOMER shall be charged €100 inclusive of tax per hour, for the collection, with a minimum charge of €50 inclusive of tax.
However, at the CUSTOMER's request, BOX EN LOC can take care of the waste collection in return for a fixed price set by BOX EN LOC.
No personal belongings can be stored in the communal parts of the STORAGE FACILITY.
No waste ot rubbish can be burnt inside the STORAGE FACILITY or nearby.
3.11 Receipt of goods
Any delivery of goods to the CUSTOMER shall be made under his/her supervision and the CUSTOMER is responsible to ascertain that it does not infringe the rights of BOX EN LOC and of the other CUSTOMERS.
If the CUSTOMER expressly requests BOX EN LOC to take delivery of his/her goods, the acceptance of the goods as for their condition and packaging
handling and storage remain under the sole responsibility of the CUSTOMER who is under no circumstances whatsoever entitled to take legal action against BOX EN LOC or its insurance company. Any receipt of goods by BOX EN LOC at the CUSTOMER's request is under the sole responsibility of the CUSTOMER.
3.12 Use of the storage unit
The CUSTOMER who has a BOX on the same level (except for wooden containers raised on pallets) undertakes not to place his belongings on the ground to prevent any risk of water damage. See 5.5 Insurance exclusion.
3.12.2 BOX EN LOC cannot be held responsible for any dampness in the boxes and advises its customers to take all necessary steps to prevent any damage caused by dampness.
3.12.3 The customer undertakes to store his belongings correctly in the lockers so as not to interfere with the closing of doors and curtains. In the event that the technician has to intervene to unblock a door or curtain that has become jammed due to improperly stored belongings, the customer will be charged a fee of €100 including VAT.
3.13 Rat extermination
BOX EN LOC has taken out a contract for rat extermination in order to protect the CUSTOMER's goods from any damage caused by rats and mice. The baits used are harmful if swallowed and dangerous for dogs and/or cats. They must be kept away from food and drinks (including animal feed and drinks) and out of the reach of children. Do not eat, drink or smoke while using them.If swallowed, take medical advice immediately.
The fact that insects and rodents can enter the premises freely and naturally is a hazard that BOX EN LOC has no control, BOX EN LOC disclaims any liability for damage caused by rodents, insects or any other animal, facilities, machinery, equipment, goods and miscellaneous items contained therein. The same applies to any direct or indirect/material damage caused by rodents, insects or any other animal to persons or animals present on BOX EN LOC sites.
4. WRITTEN PROOFS, BILLING AND PAYMENT
4.1 Written proofs :
The following written proofs are required before the entry codes are given to a new CUSTOMER (to be sent by email to contact@boxenloc.com or by post to Box en loc 910 Avenue Louis Coppel 74300 Thyez):
For a private individual, the photocopy of identification (such as identity card or passport, or residence permit and the photocopy of a proof of address less than 3 months old (such as electricity / gas receipt, or water or telephone bill, or home insurance receipt, or rent receipt, or title deed, or valid tenancy agreement or tax notice).
If the CUSTOMER does not have a proof of address in his/her name, he/she must send an affidavit of accommodation written on a sheet of paper by the person who accommodates him/her and this person must produce an identification and a proof of address.
For a company, a registration certificate less than 3 months old, a power of attorney issued by the manager empowering the signatory to the agreement and a copy of the manager's identification
For a non-profitmaking organization, the minutes of the annual general meeting empowering the signatory and a copy of his/her identification are required.
Furthermore the CUSTOMER must provide BOX EN LOC with his/her bank account details.
4.2 Fees :
4.2.1 Payement deadline
Fees are to be paid on the first day of each rental period and not at the end.
Fees are usually paid monthly but the CUSTOMER can decide to pay on a quaterly basis or annually or on any other date at his/her own convenience (particularly within the scope of termination).
4.2.2 Change to the fees
BOX EN LOC reserves the right to change the amount of the fees at any time provided that the CUSTOMER has been notified of the change by email or by post at least 30 days in advance. Unless the agreement is cancelled by the CUSTOMER under article 2.2 above, the new amount of fees shall be paid by the CUSTOMER
In case of late payment and/or part payment of invoices owed by the CUSTOMER, the discounts on the standard price list that might have been granted by BOX EN LOC will not apply to any period of delay and BOX EN LOC reserves the right to denounce them without notice for the rest of the rental period.
4.3 Deposit :
No deposit is required by BOX EN LOC at the time of booking. However, right from the first late payment, if requested by BOX EN LOC the CUSTOMER undertakes to pay, in addition to the monthly fee to be paid,
a non-interest-bearing deposit corresponding to a month's fee inclusive of tax. The deposit will be cashed. It will be refunded to the CUSTOMER within thirty (30) days after the termination of the agreement, provided that the terms and conditions of the agreement have been met and all the fees and charges, particularly the amounts owed to BOX EN LOC have been paid. If the CUSTOMER does not return the STORAGE UNIT as it was made available to him/her, the cost of repairs may be deducted from the amount of the deposit, without prejudice to any legal action taken by BOX EN LOC.
Pursuant to article 1289 of the civil code, the CUSTOMER entitles BOX EN LOC to offset the amounts owed by the CUSTOMER to BOX EN LOC against the deposit.
4.4 Method of payment
Secure online payment by credit card is preferred by BOX EN LOC, because it allows to update the CUSTOMER account instantaneously. Any other method of payment will lead to an interval between actual payment and the CUSTOMER account update.
The other methods of payment listed below are allowed but require advance payment of the monthly fees 3 to 7 days before the due date.
SEPA credit transfer
Cash deposit by the CUSTOMER on the BOX EN LOC bank account
SEPA direct debit mandate
Cheque except for the first payment and under 4.6
4.5 Discount
BOX EN LOC allows no discount for prepayment.
4.6 Collection and/or rejection fees
BOX EN LOC does not charge any collection fees in case of secure online payment via the website www.boxenloc.com or if the CUSTOMER makes himself/herself credit transfer from a bank account mentioning the CUSTOMER's particulars (CUSTOMER's surname and forename or STORAGE UNIT number).
In contrast a €3 collection fee inclusive of tax will be charged for any payment by cheque.
In case payment is made by bank transfer without any particulars allowing to identify the CUSTOMER a €3 collection fee inclusive of tax will be charged for each search.
Furthermore, any CUSTOMER who does not want to use the free services of e-commerce or e-mails and makes a request for communication via the post will be charged a €3 fee inclusive of tax for each letter sent.
The stop payment fee of an authorized direct debit will be charged at the actual cost of the banking service (€6 inclusive of tax to date)
4.7 Right of withdrawal
The CUSTOMER has right of withdrawal within 14 clear days in case the rental period starts more than 14 days after his/her booking. In that case, BOX EN LOC shall fully refund the CUSTOMER who has cancelled his/her booking. Refund is made within 30 days of the date of withdrawal.
In case the CUSTOMER wants to access the STORAGE UNIT less than 14 days after his/her booking, that is to say before the legal retraction period, he/she waives the right of withdrawal and BOX EN LOC is not bound to refund the first month's fee.
In case the CUSTOMER wants to cancel his/her booking beyond the 14-day legal retraction period, no refund will be granted.
The model withdrawal form must be sent to the following address : contact@boxenloc.com
"I the undersigned SURNAME, FORENAME hereby notify my withdrawal of the storage agreement relating to the provision of service by BOX EN LOC."
4.8 Late payment charges
4.8.1 General points
BOX EN LOC does not charge any management fees when electronic payment is made on time by the CUSTOMER.
All the expenses incurred by BOX EN LOC for the debt collection will be borne by the CUSTOMER, particularly postage, registered letters, bailiff and lawyer fees, as well as penalty interest (see 4.8.2) and flat-rate penalty (see 4.8.3).
4.8.2 Penalty interest
The penalty rate is 20% per year, that is to say 360 days for an accounting year. The method of calculation is as follows:
Eg : The customer has owed BOX EN LOC €180 for 30 days.The method of calculation is :
(180 x 20%) / 360 x 30 days past due =
€3 penalty in addition to the flat-rate penalty (see 4.8.3).
4.8.3 Flat-rate penalty
A €40 flat-rate penalty inclusive of tax is imposed to cover the collection fees (decree No. 2012-1115 of 2 October 2012) .
4.9 Restriction on access to the STORAGE UNIT
If a fee is not fully paid on the due date, the CUSTOMER access to the STORAGE UNIT will be restricted by BOX EN LOC and the CUSTOMER will not be allowed to remove his/ her goods from the STORAGE UNIT until the sums owed are fully paid. BOX EN LOC shall inform the CUSTOMER of the seizure of his/her goods in the reminders and recorded delivery letters sent to recover the sums owed. When the STORAGE UNIT is blocked up, BOX EN LOC undertakes to unlock it within 7 days after the payment is cashed.
4.10 Overpayment refund
To get a refund on overpayment, the CUSTOMER will have to send a justified request for refund by email to contact@boxenloc.com.
4.10.1 The CUSTOMERS using BOX EN LOC's online payment services will be refunded within 14 days by directly crediting the bank account that was used.
4.10.2 Refund by other methods of payment will be made within 30 days.
4.10.3 No request for refund can be accepted more than one month after the CUSTOMER’s departure.
4.11 Claim handling
Claims must be sent to the following email address : contact@boxenloc.com.
5. Insurance
5.1 Obligation to take out an insurance against THEFT for the goods over €2,000 per STORAGE UNIT
Throughout the term of the agreement, the CUSTOMER who decides to store goods worth more than €2,000 per STORAGE UNIT shall take out and maintain an insurance against theft with either BOX EN LOC (up to a €3,000 limit of coverage per STORAGE UNIT, that is €1,000 more than the standard limit of coverage), or with a creditworthy insurance company of his/her own choosing. BOX EN LOC's insurance policy covers ordinary risks.
If the CUSTOMER's goods are already insured, BOX EN LOC strongly advises the CUSTOMER to inform in writing his/her insurance company that they are henceforth stored at BOX EN LOC. By doing so, the CUSTOMER can benefit from the extension of his/her current insurance policy on his/her own terms.
Under insurance policies, the acceptance of the general terms and conditions of sale shall be deemed to be a waiver of any claim against the owner of the building
BOX EN LOC reserves the right to request the CUSTOMER to produce a certificate issued by his/her insurance company attesting that the risks are covered.
Throughout the term of the agreement, the CUSTOMER shall be able to certify that his/her insurance policy is maintained. In case the CUSTOMER fails to fulfil this obligation, BOX EN LOC has the right to cancel the agreement pursuant to chapter 6 hereinafter.
5.2 By default, the CUSTOMERS benefit from a comprehensive goods insurance contract taken out by BOX EN LOC (policy holder) on behalf of its CUSTOMERS (the insured person) under the terms specified by the insurance policy signed by BOX EN LOC with its insurance company.
5.2.1 The risk of theft insured by BOX EN LOC’s insurance covers each STORAGE UNIT up to a €2,000 limit of coverage per STORAGE UNIT except for the CUSTOMERS who have taken out the chargeable option to increase the limit of coverage against THEFT up to €3,000 (that is an additional €1,000). This limit of coverage only applies to the risk of THEFT and not to the other risks.
The CUSTOMER freely chooses, when concluding the contract, whether he/she takes out the complementary insurance offered by BOX EN LOC as a default option.
5.2.2 The other following risks are covered with no other limit of coverage than the one provided for by BOX EN LOC's insurance policy : risk of fire, explosion, similar events, flood damage, water streaming, attack, natural disasters.
5.2.3 The excess applies in accordance with the insurance policy taken out by BOX EN LOC on behalf of its customers (the insured person). The amount of the excess depends on the event covered. These conditions of coverage are available on request. Depending on the risks, the excess may range from nought for fire, 0.25 times the RI index for storm, acts of vandalism, 0.30 times for water streaming and up to 10% of damage. The excess under the insurance policy is the amount to be borne by the insured person (not covered by the insurance company) in case of a damage..
5.2.4 Otherwise the CUSTOMER may choose to waive the insurance policy offered by BOX EN LOC, even for goods worth less than €2,000 and choose his/her own insurance company for the desired coverage. In this case, the CUSTOMER shall produce before entering the STORAGE UNIT a copy of the insurance policy taken out with a creditworthy insurance company, including a waiver clause of any claim against the owner of the building, against BOX EN LOC, against the other companies occupying the building, against any insurance companies and against BOX EN LOC's customers. Furthermore, in this case, the CUSTOMER shall notify in writing his/her waiver of the insurance offered by BOX EN LOC.
5.2.5 The discounts possibly granted by BOX EN LOC at its CUSTOMERS request lead to a reduction in the coverage provided in proportion to the discount allowed.
In other words, the €2,000 limit of coverage per STORAGE UNIT is based on the payment by the customer at the current rate. On the other hand, a 5% discount on the occupancy fee leads to a reduction of 5% in the limit of coverage, which is set at €1,900 instead of €2,000.
5.2.6 In the event of a change in BOX EN LOC's insurance policy and/or in the applicable excesses, BOX EN LOC shall notify the CUSTOMER as soon as possible by simple letter or through posting. The CUSTOMER may cancel the agreement in case he/she is not satisfied with these new terms.
5.3 In any case, should the CUSTOMER fail to produce a valid insurance certificate under the conditions set out hereby, BOX EN LOC will be entitled to take out an insurance policy on behalf of him/her and get him/her to reimburse the costs incurred immediately.
5.4 It is made clear that BOX EN LOC acts as a policy holder and not as an insurance company or as an insurance broker. The CUSTOMER shall inform BOX EN LOC of any damage immediately by phone, telephone message, sms or by any other means and notify it by recorded delivery letter or hand it against receipt to BOX EN LOC which will report the damage to its insurance company.
In case BOX EN LOC is informed of a claim more than 24 hours after it occurred, BOX EN LOC reserves the right to take legal action against the CUSTOMER to claim damages for the loss suffered. Furthermore, if the need arises, the CUSTOMER shall carry out all the necessary reports to government authorities and he/she undertakes to meet any request for assessment from the insurance company.
5.5 Exclusion clause in the insurance policy
The goods must be placed 10 cm above the ground or the floor in the STORAGE UNITS at the ground level to be covered by the flood damage insurance.
6 FAILURE TO COMPLY WITH AN OBLIGATION AND BREACH OF THE AGREEMENT
6.1 In case of overdue payment or in case the CUSTOMER fails to comply with a single obligation he/she has to fulfil in accordance with the AGREEMENT or with the RULES AND REGULATIONS, the AGREEMENT shall be cancelled by BOX EN LOC by notification of cancellation sent by recorded delivery letter twenty (20) days after a notice to fullfil the contract sent by recorded delivery letter. The time limit runs from the date of the first notice of delivery. In case of late payment, pursuant to article L 441-6 of the commercial law, a compensatory allowance calculated on the basis of three times the current legal interest rate as well as a €40 flat-rate penalty for recovery costs are payable.
Unless all the amounts owed to BOX EN LOC have been paid in full, the CUSTOMER shall remove all his/her goods, vacate the STORAGE UNIT and return any equipment made available to him/her in the condition they were at the signing of the agreement.
6.2 By the date of termination of the contract, for any reason whatsoever (cancellation or non-renewal), the CUSTOMER shall imperatively remove his/her padlock, vacate, sweep out and pay in full the fees, interest and allowances owed according to the terms of the agreement.
Should it be otherwise, the CUSTOMER shall owe an occupancy allowance, equal to the monthly fee, in addition to the monthly fee until all the goods stored are removed. In case of late payment see 4.8.
6.3 Should the agreement be cancelled because of overdue payment, in any case, the CUSTOMER expressly authorizes BOX EN LOC in advance, after the 20-day period mentioned under 6.1, to enter the STORAGE UNIT by any means and to remove the goods which may remain in the STORAGE UNIT. The goods shall be removed and the costs shall be paid by the CUSTOMER who will be informed of the place where they are stored.
The CUSTOMER shall remain the keeper, the guardian and the custodian of the goods stored within the meaning of article 1384 paragraph 1 of the civil code, the clauses mentioned in article 6 above being still enforceable. The CUSTOMER shall owe an occupancy allowance and a monthly fee worth the amounts mentioned under paragraphs 4.8 and 6.2 above. Should the CUSTOMER fail to appear for 50 days as from the date when the first cancellation recorded delivery letter is sent, his/her silence shall be considered to be abandonment of the goods and shall give BOX EN LOC the right to use them according to its will in order to recover the amounts owed, including the right to destroy them.
6.4 Should BOX EN LOC fail to meet its obligations provided for in the AGREEMENT, the CUSTOMER may request the cancellation of the AGREEMENT.
7/ BOX EN LOC ACCESS TO THE CUSTOMER’S STORAGE UNIT
7.1 In case of emergency or force majeure, BOX EN LOC may force its way into the STORAGE UNIT without prior notice, in order to ensure the safety of the STORAGE UNIT, of the goods, of the building or of people. In this case, BOX EN LOC may exceptionally need to move the CUSTOMER’s goods, which is agreed by the CUSTOMER. In any case, BOX EN LOC shall subsequently inform the CUSTOMER.
7.2 At the request of the police, Customs, fire brigade, Gendarmerie or because of a judicial decision, BOX EN LOC may have to force its way into the STORAGE UNIT.
7.3 BOX EN LOC reserves the right, after notifying the CUSTOMER, to access the STORAGE UNIT in order to carry out maintenance or repair works, to install any security or safety system and more generally in order to make alterations to the building.
8/ CHANGING STORAGE UNITS AND CHANGES IN THE RULES AND REGULATIONS
8.1 In case of planned works, BOX EN LOC reserves the right to exceptionally substitute another STORAGE UNIT of a greater or equal surface area for the STORAGE UNIT used, provided the CUSTOMER is notified at least fourteen (14) days in advance. The CUSTOMER shall move his/her goods within the time limit given by BOX EN LOC.
8.2 The CUSTOMER cannot change STORAGE UNITS unless BOX EN LOC has notified by email its prior consent for that. Should it be otherwise, BOX EN LOC can under no circumstances whatsoever be held responsible for the change.
8.3 BOX EN LOC can change the RULES AND REGULATIONS while informing the CUSTOMER through posting and/or email.
9/ CHANGE IN THE AGREEMENT
The AGREEMENT is not transferable. The AGREEMENT, the rights and obligations of the CUSTOMER thereto shall not be partially or totally transferred. Any change must be drawn up through a written amendment, signed by BOX EN LOC and by the CUSTOMER.
10/ DATA PROTECTION ACT
The personal data provided by the CUSTOMER will be stored in files which are the property of BOX EN LOC. The CUSTOMER has a right of access, modification, correction and deletion of his/her personal data recorded in these files under the conditions provided for in the Data Protection Act of 6 January 1978 by making a direct request to BOX EN LOC. These personal data are used for customer management, market surveys and personalized information and/or promotion campaigns concerning our products and/or services. Personalized information and/or promotion campaigns will aim at the CUSTOMER who did not oppose them at the time of the signing of the AGREEMENT.
BOX EN LOC reserves the right to disclose personal data if necessary to enforce and preserve its rights within the framework of a legal obligation and/or judicial obligation.
11. OBLIGATIONS OF USERS OF THE BOX EN LOC SELF-STORAGE SERVICE AND THE MONDIAL RELAY PARCEL RELAY SERVICE:
The user undertakes: - to immediately forward to BOX EN LOC any requests or complaints from users of the equipment. - guarantee BOX EN LOC or its agents and/or subcontractors’ full access to the equipment and the surrounding areas to be able to check, clean, maintain and repair the equipment. - inform BOX EN LOC immediately of any interruption in the power supply. - inform BOX EN LOC immediately of any damage, deterioration, or other problems with the equipment. - keep the area around the equipment clean and clear of any items, obstacles and/or debris that could injure persons accessing the equipment or hinder access and delivery.
12. REGISTERED ADDRESS AND POWER OF JURISDICTION
To perform the AGREEMENT and its consequences, BOX EN LOC has elected domicile at the address of its head office mentioned below and the CUSTOMER has elected domicile at the address he/she has provided BOX EN LOC with
In case the CUSTOMER changes his/her address, he/she shall inform BOX EN LOC by registered letter within 15 days of the change. Failing that, the change of address will not be opposable to BOX EN LOC.
Particularly, any letter sent to the address stated to BOX EN LOC shall be relevant and shall be fully effective from the date of the first notice of delivery of the letter, even if the forementioned letter is returned to BOX EN LOC marked « address unknown ». Any inaccurate statement relating to the CUSTOMER’s personal data cannot be opposable to BOX EN LOC.
Furthermore, the CUSTOMER undertakes to always maintain his/her personal data up-to-date and to inform BOX EN LOC of any change, particularly about the email address and the mobile number used to communicate with BOX EN LOC.
In the event of a dispute pertaining to the performance, the interpretation or the termination of the AGREEMENT, the courts having jurisdiction in the place where the AGREEMENT is performed are competent. However, the parties can also submit the case to the courts having jurisdiction in the place where the defendant has elected domicile.
Drawn up by Jean-Claude Bontaz in THYEZ on 27 October 2023. Index 32