General terms and conditions
1. OBJECT OF THE CONTRACT
1.1. For the duration of the contract the customer will have at his/her disposal a storage unit that he/she can use exclusively for the storage and archiving of goods, within to the conditions of use of this contract. In return, the customer shall pay the monthly fee at the latest on the due date of his/her invoice.
1.2. The contract for the storage (“the contract”) is contract is a ‘sui generis’ service contract, that is to say that it does not have any of the characteristics of a nominate contract under the Belgian Civil Code. The relationships between the parties are exclusively governed by the storage agreement and by these terms and conditions. The contractual relationship can under no circumstances be analyzed as a sequestration or a deposit contract as LOKABOX is under no obligation to guard, preserve, maintain, watch over and return the stored goods. The client acknowledges that the goods are under his/her watch within the meaning of article 1384 of the Belgian Civil Code and that he/she takes full responsibility for the storage of his/her goods, at his/her own risk and exclusively at his/her cost without LOKABOX being aware of the nature or value of these goods. Nor can the contract be assimilated to a lease contract or a commercial lease contract. Nevertheless, LOKABOX provides a general surveillance service on site (video surveillance 24 hours a day, guard service and alarm system) and supplies each of its customers with an entry code enabling him/her to access his/her storage unit at specific times.
2. DURATION OF THE CONTRACT
2.1. Unless otherwise specified in the adhesion contract signed by the customer, the contract is concluded for an indefinite period.
2.2. The minimum duration of this contract is one month.
2.3. After the minimum period mentioned in Article 2.2 has lapsed, the parties may terminate the contract as follows:
(A) the customer may terminate the contract at any time without prior notice.
The contract shall nevertheless only be ended if the storage unit is effectively emptied, that the lock system has been removed by the customer and after a LOKABOX member of staff has checked the state of the storage unit. A written report acknowledging the fulfillment of these conditions will be established on this occasion.
(B) LOKABOX may terminate the contract with 30 days’ prior notice. The notice will be given by registered letter at the address provided by the customer according to Article 10.
2.4. If the customer has not emptied the storage unit upon expiry of the notice, LOKABOX will have the same rights as those conferred by Article 4.5 of these general terms and conditions.
3. PURPOSE AND CONDITIONS OF USE OF THE STORAGE UNIT
The storage unit is exclusively intended as a space for storing or archiving goods. The customer shall not perform any commercial, industrial, crafts, services or professional activities, which also implies an explicit prohibition of setting the registered office or the place of business of his/her activities at the LOKABOX storage center. The customer shall not lay claim to any commercial property rights or maintenance in the premises. Under no circumstances may the customer transfer or pledge as collateral the rights conferred upon him/her by this contract to a third party.
3.2. Conditions for use of the storage unit
- The customer acknowledges that he/she has visited the storage unit before signing this adhesion contract and that he/she has not raised any objections on this matter.
The customer however acknowledges the right of LOKABOX to substitute for organizational reasons the storage unit attributed to the client with another storage unit of equivalent size without giving rise to any right to compensation.
- When signing the contract, the customer undertakes to return the storage unit in its initial state. He shall refrain from making any claims against the company LOKABOX on this matter. Under no circumstances may the customer require any renovations or extra fittings from the company in the storage unit throughout the duration of the contract.
- The customer shall use the storage unit in a prudent and responsible manner and refrain from damaging the other storage spaces and the LOKABOX Centre itself through his/her activities, through the nature of the goods stored or through the conditions of use of his/her own storage unit.
- The customer shall not disclose his/her entry code to any third party. The customer will be solely responsible in case of use by third parties of his/her entry code.
- Access is strictly reserved to the customer, his/her accompanying persons or, under his or her sole responsibility, to persons duly indicated to LOKABOX as mentioned previously.
- Any breach of the access rules might lead without notice to a total suspension of access to the storage unit and of the storage contract.
- The customer shall not leave his/her goods outside his/her storage unit. Any good found next to a storage unit will either be stored in a free space in the LOKABOX center without any of the usual guarantees of the contract, with a supplement of € 50.00 to the monthly fees to cover the moving fees, if the owner of the good can be identified, otherwise it will simply be considered as the property of LOKABOX, through application of Article 2279 of the Belgian Civil Code. Moreover, the customer is expressly informed that LOKABOX examines its premises every day in order to check for the presence of goods that are not properly stored and that LOKABOX reacts to this situation immediately.
- The customer acknowledges that he/she takes full responsibility for the storage of his/her goods. Under no circumstances shall LOKABOX be liable for any damage or loss suffered by the customer. LOKABOX provides no guarantee to the customer as to the surveillance of the site or the storage unit or as to the security of the site.
- The customer shall not store any dangerous, perishable, odorous, corrosive, inflammable, explosive, illegal, volatile or emitting smoke, under power, toxic or polluting materials in the storage unit.
- The customer shall also refrain from storing any dead or living plants or animals or any materials with an abnormally high density with a weight of over 500kg/m2.
- The customer may not store any goods whose presence, storage or use are subject to a permit, a declaration or a specific regulation which is not compatible with the storage service offered by LOKABOX or constitute a criminal offence, or is the result of such an offence.
- Any violation of storage bans may engage the liability of the customer towards LOKABOX for any damage it may suffer as a result. Such violations are considered to be a grave misconduct allowing LOKABOX to immediately terminate the contract to the prejudice of the customer.
- The customer will also be liable to the extent of the damage incurred if goods stored in other storage units are destroyed or damaged as a consequence of the non-fulfilment of these general terms and conditions.
- The customer declares that he/she is perfectly aware that the stored goods having an emotional value (family heirlooms, etc.), which are irreplaceable (collector’s items, pieces of art, etc.) or having a high financial value (cash, securities, jewelry, furs, etc.) will only be stored on his/her own responsibility, and LOKABOX cannot be held responsible for damages, loss or disappearance of these valuables under any circumstances.
- The customer undertakes to take out an insurance policy as specified under Article 8 below and not to deposit or store goods whose total value exceeds 5.000 € without giving writing notice to LOKABOX. He/she then engages to underwrite a special complementary insurance with the company of his/her choice, with a waiver of rights against LOKABOX.
- LOKABOX will have access to the storage units for any repairs, improvement works or renovations.
- The customer undertakes to provide LOKABOX with access to his/her storage unit at all time.
4. PAYMENT OF FEES
4.1. The fee for the providing of the storage unit is determined at the time of conclusion of the contract.
4.2. LOKABOX shall not modify the fee during the first six months of the contract (excluding any applicable tax, including VAT). After that period, LOKABOX reserves the right to review the fee from time to time upon the condition of giving notice to the customer 30 days in advance. During this period, the customer may terminate the contract without costs or damages, as foreseen under Article 2.3.(A).
4.3. The fee is payable in advance. Each fee will be established in an invoice which is payable until the due date indicated. If there is no mention of a due date, the invoice shall be payable immediately. Each invoice constitutes formal notice to pay the amount. If the payment of the fee is not received in full on the due date, LOKABOX may deny at any time access to the storage unit until such time that the total outstanding balance is settled.
4.4. Fees which are not fully paid on the due date will automatically bear an annual interest of 12% and a contractual flat-rate increase of 20%, with a minimum of 50 € by unpaid invoice, without prior formal notice. In addition to these fees and interest, LOKABOX may also charge an administrative fee of 20 € for each reminder notice.
4.5. If the payment of the fee is not paid in full or partially within 30 days after the due date, the customer acknowledges that LOKABOX will have, after prior warning by registered letter leaving him 15 days to come into compliance and/or to empty the storage unit, the following additional rights:
- to destroy the locking system and to replace it;
- to remove the goods from the storage unit to such alternative storage facilities as LOKABOX may decide without incurring any liability for loss or damage arising by virtue of such a removal or by the storage in such alternative storage facilities;
- o consider the goods in the storage unit as abandoned goods after 30 days and to dispose of these goods freely and proceed with their evacuation or destruction.
All costs resulting from the exercise of the aforementioned rights shall be borne by the customer.
The exercise of any or all of the aforementioned rights is not affected by the termination of the contract and shall not prejudice LOKABOX’s entitlement to payment of storage fees.
5. END OF THE CONTRACT AND FAULT
5.1. The parties recognize that each total or partial non-fulfillment of one or several of their obligations authorize the other party to terminate the contract unilaterally 15 days after failure to remedy to a formal notice.
5.2. Without prejudice of Article 5.1, any grave misconduct of the customer that could compromise the safety of the site or of the goods, likely to cause moral or physical detriment to persons, will authorize LOKABOX to immediately terminate the contract due to the fault of the customer, without any judicial prior authorization.
5.3. Termination (whether for fault or without, as a result of a notice or not), does not prejudice the rights arising from these terms and conditions, in particular Articles 2.4, 4.3, 4.5, 6, 7.3, 9, 12 and 13, nor the right to claim further compensation for unavailability of the storage unit for the period of possible occupation after termination, of an amount equal to the monthly fee.
6. DEPOSIT AND PLEDGE
6.1. LOKABOX reserves the right to request, either at the time of the signature of the contract or any time during the contract when the customer’s solvency deteriorates a deposit which will not attract interest. The deposit will be refunded within 30 days after the end of the contract, provided that all the duties and conditions of this contract have been performed. LOKABOX reserves the right to use all or part of this deposit as compensation for any default of the customer with regard to his/her contractual obligations.
6.2.The customer grants LOKABOX a right of pledge and a right of retention on all stored goods.
7. FINAL ACCOUNT
7.1. LOKABOX will establish a final count within 30 days after termination of the contract, after verifying that the client has emptied the premises completely and after having removed his/her locking system.
7.2. The eventual amounts due to the client as a deposit refund or as a refund of the overpayment for the last month when the customer terminates the contract without prior notice (Article 2.3.a) will automatically attract annual interest of 12% from the 31st day following the termination of the contract.
7.3. If the customer had not emptied the storage unit at the end of the contract, LOKABOX would be entitled to postpone the establishment of the account and to charge a compensation-amount until the effective removal or destruction as under Article 4.5. The amount of this compensation shall be equal to the fee referred to in Article 4, even though the goods were stored in an alternative storage facility.
8.1. The customer undertakes to subscribe an insurance policy against damage caused by fire, explosion and water as well as against theft and other accidents for all stored goods, up to their real value, with a clause for the benefit of LOKABOX under which all right of recourse towards LOKABOX are waived by the insurer. This commitment is essential to the conclusion of the contract. In the event of accident or dispute, the customer cannot claim against LOKABOX a compensation higher than the insured value.
8.2. The customer has the option to subscribe an insurance contract at the conclusion of the contract with LOKABOX’s broker for a maximal insured value of 5.000 €.
If the customer takes out an insurance policy of his/her choice, the customer shall send a copy of his/her insurance contract to LOKABOX within 15 days of signing this contact, either by registered letter to LOKABOX, or handed over in person in exchange for an acknowledgement of receipt in a LOKABOX center, or via e-mail with an acknowledgement of receipt to the address firstname.lastname@example.org. The customer shall produce proof of payment of the insurance premium. If the customer has not provided a copy of his/her insurance contract within the aforementioned period, LOKABOX may unilaterally terminate the contract.
8.3. The customer undertakes to regularly check the state of the stored goods. The customer shall inform LOKABOX of any loss/claim within 24 hours.
8.4. If the total value of the stored goods exceeds 5.000 €, the customer shall immediately inform LOKABOX. He/she shall then underwrite a complementary insurance with the company of his/her choice. This insurance policy must contain a clause for the benefit of LOKABOX and its insurers under which all right of recourse towards them are waived by the insurer. The customer will carry out all necessary steps with the insurer in the event of a claim. If the insurer pays compensation, this will be carried out directly by the insurance company mentioned to the victim without the intervention of LOKABOX.
8.5. The customer waives the right to institute any proceedings against LOKABOX in the event of damage caused by fire, explosion and water as well as against theft and other accidents, except in case of willful misconduct or gross fault. The customer undertakes to ensure that any third-party and also the insurers accepts this waiver.
9. GENERAL LIMITATION OF LIABILITY CLAUSE
LOKABOX does not assume any liability for indirect damage or operating losses.
Except in case of willful misconduct or gross negligence, the compensation due cannot exceed 50€ per m3 of stored goods, with a cap of 5.000 €.
10. OBLIGATION OF INFORMATION: ELECTION OF DOMICILE AND OWNERSHIP OF GOODS
10.1. The customer elects domicile at his/her home or at the registered office of the company taking out the contract, following the exact indications that he/she mentions. He/she shall also provide a valid email address and telephone number where he can be contacted. The customer shall immediately inform LOKABOX of any change of address either by registered letter to LOKABOX, or declaration made in person at a LOKABOX center in exchange for an acknowledgement of receipt. The customer is fully liable for any mistakes he/she may make regarding the information provided, LOKABOX having no obligation to check the exact address or registered office of its customers.
10.2. The customer is informed of the importance of the obligations referred to in Article 10.1 and recognizes LOKABOX the right to block the access to the storage unit if it should appear that his/her contact data are not or are no longer accurate.
10.3. Any communication to the customer will be validly carried out by LOKABOX at the address indicated by the customer, and will be considered as having achieved its objective even if the customer has not indicated his/her address correctly or has not notified LOKABOX of his/her change of address.
10.4. The customer is presumed to be the owner of the goods which he/she stores in the storage unit. If this is not the case, he/she shall specifically inform LOKABOX at the time of signature of the contract that he/she is holding them on behalf of a third party. The customer guarantees the compliance by the owner with these general terms and conditions.
11. PRIVACY AND CONFIDENTIALITY
12. JURISDICTION AND APPLICABLE LAW
This contract is governed by Belgian law. All disputes of any nature will fall within the exclusive jurisdiction of the courts of the district of Charleroi. LOKABOX will nevertheless be entitled to bring litigation before the court of the place of the domicile of the customer or where the storage unit is located.
13. VALIDITÉ – CHAMP D’APPLICATION
If one or several of the provisions of these general terms and conditions becomes void, all other provisions remain valid and applicable. This contract is binding upon the parties hereto, their respective heirs and assigns.
14. MODIFICATION TO THESE GENERAL TERMS AND CONDITIONS
Any modification to these provisions shall be deemed unwritten unless signed for approval by LOKABOX.
LOKABOX may amend at any time these terms and conditions which will be effective 45 days after being notified to the customer, unless notice of termination is given by the customer during this delay, in accordance with the provisions of the (old) terms and conditions.