Terms and Conditions

Terms and Conditions 

Contract between Coniston Storage and Customer 

 

Note that these terms and conditions are accepted during customer sign up. You must read these in detail. By signing up, making payment and moving your contents in to Coniston Storage, you are accepting these terms and conditions. 

Facility Owner: Coniston Storage Ltd, also referred to as Coniston Storage 

Coniston Storage office address: Main Street, Coniston. Hull. HU11 4JR 

Coniston Storage email address: info@conistonselfstorage.com 

Please advise us immediately if your contact details, including address, change. 

 

KEY POINTS 

 

Contract type: This is a 4 weekly, recurring contract which runs continuously until cancelled. 

Notice period: Written notice can be provided at any time, however a 14 day notice period must be given or a 48 hour notice in the first 2 weeks. Customer’s will have access to their unit until 11pm on the 28th day of the paid fixed term and payments will be adjusted accordingly.  

Storage fees must be paid in advance. 

If you fail to comply with the conditions of this agreement, Coniston Storage have certain rights, which include the right to cancel access to your unit, to seize and sell and/or dispose of your goods. 

It is the customer’s responsibility to keep their unit secure. 

Customer must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods. 

Customer must check the unit is suitable for storing their Goods. Goods are stored at your own risk.  

 

CONDITIONS OF AGREEMENT 

 

STORAGE: 

1. So long as all fees are paid up to date, Customer: (a) is licensed to store Goods in the Unit allocated to Customer by Coniston Storage from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner. 

 

2. Coniston Storage: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and Customer acknowledges that Coniston Storage does not take possession of the Goods; (c) does not grant any lease or tenancy of the Unit; and  

 

COST: 

 

You must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning, or other charges to put right any breach of this Agreement) will be refunded to the Customer by electronic transfer within 21 days of termination of this Agreement. 

 

3. Customer is responsible to pay:  

(a) the Storage Fee (being the amount set out on Coniston Storage website - www.conistonselfstorage.com -  at the time of booking or as otherwise agreed) payable in advance on the first day of each storage period (Due Date) and it is the Customer's responsibility to see that payment is made directly to Coniston Storage on time and in full throughout the period of storage. Coniston Storage will not accept that payment has been made until it has received cleared funds; 

(b) a Cleaning Fee, to be invoiced at Coniston Storage’s discretion in circumstances described in this Agreement; 

(c) any costs incurred by Coniston Storage in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and 

(d) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Customer has more than one agreement with Coniston Storage, all will form one account with Coniston Storage and Coniston Storage may in its sole discretion elect to apply any payment made by or on behalf of Customer on this agreement against the oldest Debt due from Customer to Coniston Storage on any agreement in the account. 

If the Customer makes a part payment of any Storage Fees due to Coniston Storage and Coniston Storage retains the part payment, this will not affect Coniston Storage’s ability to take any action against the Customer or to exercise any rights Coniston Storage has under this Agreement in respect of the Storage Fees which remain outstanding from the Customer. The time period from which Coniston Storage may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of the Customers part payment. 

 

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS: 

 

4. Coniston Storage takes the issue of prompt payment very seriously and has a right of lien, which is a right to seize, sell or dispose of all or some goods as security for the customers absent payment/s under this agreement. if any sum owing to Coniston Storage is not paid when due, Customer authorises Coniston Storage without further notice to: 

(a) refuse Customer and its agents access to the Goods, the Unit and the Facility and lock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; 

(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge the Customer for all reasonable costs of doing so on any number of occasions; and 

(c) apply additional charges against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7. 

Customer acknowledges that (a) Coniston Storage shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Coniston Storage will sell the Goods as if Coniston Storage was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer has received will be payable by Customer in full. 

 

5. On expiry or termination of this Agreement, if Customer fails to remove all Goods from the Unit, Coniston Storage is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6 to 8. Customer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt). 

 

6. Before Coniston Storage sells or disposes of the Goods, it will give the Customer notice in writing directing Customer to pay (if Customer is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by the Customer to Coniston Storage in writing or by email if you have elected not to receive traditional mail. If no address within the UK has been provided, Coniston Storage will use any land or email address it holds for the Customer. If the Customer fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice, Coniston Storage will access your space and begin the process to sell or dispose of the Goods. the Customer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. Coniston Storage will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. Coniston Storage may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt. 

 

7. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, Customer must pay Coniston Storage the balance within 7 days of a written demand from Coniston Storage. Coniston Storage may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from the Customer, Coniston Storage will hold the balance for the Customer, but no interest will accrue on it. 

 

8. If, in the opinion of Coniston Storage and entirely at the discretion of Coniston Storage, a defaulting Customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Customer authorises Coniston Storage to treat the Goods as abandoned and Coniston Storage may dispose of all Goods by any means at the Customer’s cost. Coniston Storage may dispose of Customer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of Coniston Storage, severely damaged, of no commercial value, items containing personal data or dangerous to persons or property. Coniston Storage does not need the prior approval of Customer to take this action but will send Notice to the Customer within 7 days of assessing the goods. 

 

9. Any items left unattended in common areas or outside the Customer’s Unit at any time may at Coniston Storage’s discretion be moved, sold or disposed of immediately with no liability to Coniston Storage. A £200 charge/invoice will be sent to the customer for the removal fee with immediate effect.  

 

ACCESS: 

 

10. The Customer has the right to access their Unit 24 hours a day subject to the terms of this Agreement. Coniston Storage will try to provide advance warning of changes to Access Hours by email but reserves the right to change Access Hours temporarily without giving prior notice. 

Upon creating an agreement with Coniston Storage, a number plate of a vehicle will be required. This will give you access to the site automatically. If you require further vehicle access, inform Coniston Self Storage in writing of the number plate and provide ID for the vehicle owner via email to info@conistonselfstorage.com 

 

11. Only Customers or others authorised or accompanied by Customer (its Agents) may access the Unit. The Customer is responsible for and liable to Coniston Storage and other users of the Facility for its own actions and those of its Agents. Coniston Storage may (but is not obliged to) require proof of identity from Customer or any other person at any time and, at Coniston Storage’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof. 

 

12. Coniston Storage may refuse Customer access to the Unit and/or the Facility where monies are owing by the Customer to Coniston Storage, whether or not a formal demand for payment has been made, or if Coniston Storage considers the safety or security of any person, unit or goods on or at the Facility will be put at risk. 

 

13. The Customer should not share access to the site or unit to any person other than its own Agent who is responsible to the Customer and subject to its control. If the Customer does so, it does so at its own risk. 

 

14. The Customer authorises Coniston Storage and its agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if Coniston Storage believes the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if Coniston Storage is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; (e) to relocate the Goods or exercise Coniston Storage’s lien or power of sale or disposal in accordance with this Agreement. 

 

CONDITIONS: 

 

15. Coniston Storage will not be responsible for locking any unlocked Unit. The Customer has the sole responsibility for securing their unit and ensuring it is locked at all times when the customer is not in the unit. The customer is permitted to apply their own padlock or other locking device to their unit.  

16. The Customer must not store (or allow any other person to store) any of the following in the Unit: 

(a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; 

(b) any living creatures; 

(c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; 

(d) firearms, explosives, weapons or ammunition; 

(e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances; 

(f) any item that emits fumes, or odours; 

(g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); 

(h) goods which are environmentally harmful or that are a risk to the property of any person; and 

(i) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value. 

The Customer will be liable under Condition 27 for any breach of this Condition 16. 

 

17. The Customer will use the Unit solely for the purpose of storage and shall not (or allow any other person to): 

(a) use the Unit as offices or living accommodation or as a home, business or mailing address; 

(b) use or do anything at the Facility or in the Unit which may be a nuisance to Coniston Storage or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); 

(c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Coniston Storage or any other person; 

(d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; 

(e) connect or provide any utilities or services to the Unit unless authorised by Coniston Storage; or 

(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility. 

 

18. The Customer must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, Coniston Storage will be entitled to charge a Cleaning Fee, and/or claim full reimbursement from the Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind anywhere in the facility, or that in any way affects the use of the facility by others. Such charges will be applied to the customer and taken from their deposit in the first instance. 

 

19. The Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Coniston Storage of any damage or defect immediately it is discovered and comply with the reasonable directions of Coniston Storage’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as Coniston Storage shall issue periodically. Customers must not block any entrance, block any car parking spaces or leave items outside or inside the facility such as to block access in any way. Customers found doing so will incur a fee of at least £75 in the first instance and may have their contract terminated with immediate effect. 

 

20. This Agreement does not confer on the Customer any right to exclusive possession of the Unit and Coniston Storage reserves the right to relocate Customer to another Unit not smaller than the current Unit (a) by giving 14 day’s notice during which the Customer can elect to terminate their agreement under Condition 3 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, Coniston Storage will pay Customer’s reasonable costs of removal if approved in writing by Coniston Storage in advance of removal. If the Customer does not arrange removal by the date specified in Coniston Storage’s notice, then the Customer authorises Coniston Storage and its agents to enter Unit acting as Customer’s agents and at the Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 25). 

 

21. The Customer must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit before storing Goods and periodically during the storage period. Coniston Storage makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard. 

 

22. Coniston Storage may refuse to permit the Customer to store any Goods or require the Customer to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property. 

 

23. Customer must give Notice to Coniston Storage in writing of the change of address, phone numbers or email address of the Customer within 48 hours of any change. 

 

RISK AND RESPONSIBILITY: 

 

24. Coniston Storage will not be liable for any loss or damages suffered by the Customer resulting from an inability to access the Facility or the Unit, regardless of the cause. 

 

25. The Goods are stored at the sole risk and responsibility of the Customer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason whatsoever. Coniston Storage excludes all liability in respect of loss or damage to (a) Customer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above the sum of £100, which Coniston Storage considers to be the normal excess on a standard household policy whether or not that policy would cover the Goods. Coniston Storage does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of Coniston Storage, its agents and/or employees. 

 

26. Coniston Storage does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value. The Customer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the Replacement Value. Coniston Storage does not give any advice concerning insurance cover given by any policy and the Customer must make its own judgment as to adequacy of cover even when facilitated by Coniston Storage. Inspection of any insurance documents provided by Customer to demonstrate cover does not mean Coniston Storage has approved the cover or confirmed it is sufficient. 

 

27. The Customer will be liable for and compensate Coniston Storage for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Coniston Storage or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by Customer or any of its Agents or (c) enforcement of any of the terms of this Agreement. 

 

28. The Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. The Customer is responsible for all liabilities resulting from such a breach.  

 

29. If Coniston Storage has reason to believe that Customer is not complying with all relevant laws Coniston Storage may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 14 and 34, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Customer’s expense. The Customer agrees that Coniston Storage may take such action at any time even though Coniston Storage could have acted earlier. 

 

30. In respect of circumstances outside Coniston Storage’s reasonable control, Coniston Storage shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include, but limited to, any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power or internet failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, Coniston Storage will not be responsible for failing to allow access to the goods, Unit and/or the Facility for so long as the circumstances continue. Coniston Storage will try to minimise any effects arising from such circumstances. 

 

 

 

PERSONAL INFORMATION: 

 

31. Coniston Storage collects information about the Customer on subscription and whilst this Agreement continues, including personal data (Data). Coniston Storage processes Data in accordance with the General Data Protection Regulations (GDPR) and all associated laws. Details on how Coniston Storage uses the Customers Data and Your rights in relation to the Data are set out in Coniston Storage’s Privacy Policy which can be viewed on its website at www.conistonselfstorgae.com. 

 

32. Individuals have the right to request a copy of the information that Coniston Storage holds on them. All requests should be emailed to info@conistonselfstorage.com. A small charge may be made for this service. 

 

COMMUNICATION & NOTICE: 

 

33. Notice is to be given by Coniston Storage or the Customer by email for all changes to this agreement (or any other minor change), such as ending the agreement, changes to pricing, significant disturbances or Coniston Storage selling or disposing of the Customers goods. Such notices must be in writing and either be delivered by email, by hand deliver letter, or sent by pre-paid post. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or 48 hours after posting. Any notice from the Customer must be sent to Coniston Storage at the email or postal address found at the bottom of our website. In the event that there is more than one Customer, Notice to or by any single Customer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement. 

 

TERMINATION: 

 

If the Customer has signed up without coming into the Facility, then You have 14 days after Coniston Storage confirms acceptance of the order to change your mind (cooling off period). If the Customer cancels during this period, a refund will be provided based on the length of storage the Customer have taken prior to cancelling and all Goods being removed from the Unit. Coniston Storage can use any payment made by the Customer to settle some or all of this. The Customer can cancel by email or logging onto their account, referring to your name, address, and date of order. 

 

34. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated at the top of this agreement. In the event of illegal or environmentally harmful activities on the part of the Customer or a breach of this Agreement (which, if it can be put right, the Customer has failed to put right within 14 days of notice from Coniston Storage to do so), Coniston Storage may terminate the Agreement immediately without notice period. Coniston Storage is entitled to make a charge for apportioned Storage Fees if less than the requisite Notice is given by Customer. Customer must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Coniston Storage. In the event that Goods and/or refuse are left in the Unit after the Termination Date, Conditions 5 and 18 will apply. Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to Coniston Storage up to the Termination Date, or Conditions 4 to 8 may apply. Any calculation of the outstanding fees will be by Coniston Storage. If Coniston Storage enters the Unit for any reason and there are no Goods stored in it, Coniston Storage may terminate the Agreement without giving prior Notice but will send Notice to Customer within 7 days. 

 

35. The Customer agrees to examine the Goods carefully on removal from the Unit and must notify Coniston Storage of any loss or damage to the Goods as soon as is reasonably possible after doing so. 

 

36. Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement. 

 

GENERAL: 

 

37. Coniston Storage may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to Customer in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of Coniston Storage’s notice. Customer may terminate without charge before the change takes effect by giving notice in accordance with Condition 34. Otherwise, Customer’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms. 

 

38. The Customer acknowledges and agrees that: 

(a) the terms of this document constitute the whole contract with Coniston Storage and, in entering this contract, the Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement; 

(b) it has raised all queries relevant to its decision to enter this Agreement with Coniston Storage and Coniston Storage has, prior to the Customer entering into this Agreement, answered all such queries to the satisfaction of Customer; 

(c) any matters resulting from such queries have, to the extent required by Customer and agreed to by Coniston Storage, been reduced to writing and incorporated into the terms of this Agreement; 

(d) if Coniston Storage decides not to exercise or enforce any right that it has against the Customer at a particular time, then this does not prevent Coniston Storage from later deciding to exercise or enforce that right unless Coniston Storage tells the Customer in writing that Coniston Storage has waived or given up its ability to do so; 

(e) it is not intended that anyone other than the Customer and Coniston Storage will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; 

(f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law; 

(g) The Customer may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; and 

(h) where the Customer consists of two or more persons each person takes on the obligations under this Agreement separately. 

39. This Agreement shall be governed by English Law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation. 

KEY HOLD AGREEMENT –

40. Subject to the terms and conditions of this Amendment, FO has agreed to keep a key to the Unit (Service).

 

41. In the event of termination of the Service, unless the Storer collects the key in person by arrangement with the FO, FO will return the key to the postal address referred to above or the last notified postal address if a change has been notified.

 

42. FO shall hold the key for the Storer in a safe location and shall only release the key to the Storer (a) in person at the Facility against proof of identity or (b) by post in accordance with Condition 41.  

 

43.  FO will not release the key to any person other than the Storer unless FO is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order. 

 

44.  FO may use the key to access the Unit in the following circumstances:  (a) to place deliveries for the Storer into the unit or to access it as otherwise requested by the Storer; (b) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (c) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or (d) if FO believes the Unit is being used to store prohibited goods or for a prohibited purpose; or (e) if FO is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or (f) to relocate the Goods or exercise FO’s lien or power of sale or disposal in accordance with the Standard Agreement.

 

 

PLEASE READ THE ABOVE CONDITIONS CAREFULLY AS BY ACCEPTING THE TERMS AND CONDITIONS YOU WILL BE BOUND BY THEM. 

 

I/we consent to receiving correspondence from the facility owner by email, phone call or by post. 

I/we acknowledge that the above key points have been drawn to my/our attention and I/we have read and understood them. 

I/we agree to be bound by the conditions of this Agreement.