Terms and Conditions (Self-Storage)
Effective as of 29 March, 2022, until replaced
This Agreement is made between Storeroom Limited (“Store-Room”, “we”, “us” or “our”) and you, the customer (“Customer”, “you” or “your”) who wishes to use our Services.
- Definitions
1.1 “Company” means Storeroom Limited.
1.2 “Services” means Self-Storage Service we offer to our customers.
1.3 “Access Area” means area which customers can access to their Self-Storage containers. Access to our storage facilities is strictly prohibited.
1.4 “Service Start date” means the first day of storage service.
1.5 “Cut-off Date” means the last day of the monthly billing cycle.
1.6 “Service End Date” means the last day of storage service.
1.7 “Goods” means anything brought and stored into the Self-Storage container by the customers.
- Storage of Goods
2.1 You warrant that throughout the term of this Agreement all Goods that are entrusted to us are and shall remain your property or that you have the expressed permission and authority of owner of the Goods to use our Services in accordance with this Agreement.
2.2 For avoidance of doubt, you acknowledge and expressly agree that nothing in this Agreement shall be construed so as to create any legal or equitable proprietary interest against the Company.
2.3 Store-Room does not warrant that the storage facility used by the Company is a suitable place or means of storage for any particular goods.
2.4 By executing this Agreement, you confirm that you have viewed and inspected the Self-Storage container and has satisfied in all respects as to its area, size, suitability and condition, safety in particular and waived all claims (if any) based on misstatement, warranty or representation (oral or written) in relation to the aforementioned or any other matter pertaining to this Agreement.
2.5 Goods stored must not include prohibited, illegal, stolen or perishable items. Other prohibited Goods include but are not limited to
2.5.1 chemicals, drugs, hazardous or toxic materials of any kind;
2.5.2 food or perishable goods of any kind;
2.5.3 flammables, firearms, weapons or explosives of any kind;
2.5.4 items which emit any kind of odor or fumes;
2.5.5 plants or creatures (whether living or dead);
2.5.6 liquids or compressed gases;
2.5.7 matches, charcoal, phosphorus and articles which are easily ignited;
2.5.8 paints, thinner and liquid adhesives;
2.5.9 illegal drugs, contraband or counterfeit goods, stolen property or illegal items of any kind;
2.5.10 currencies, bonds or securities;
2.5.11 jewelry, antiques, fine art, fine wines, precious metals or high value items of any kind;
2.5.12 personal property that would result in the violation of any law or regulation of any governmental authority;
2.5.13 any items that, in our determination, danger the safety and health of people of in our facility and the environment;
2.5.14 any type of electronics equipped with batteries.
2.6 In addition, we strongly advise that you should not store any official personal documents (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exclusive list of personally identifiable information. Essentially, do not put anything into the Self-Storage container that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you proceeded to store official documents or items containing personally identifiable information, you waive all rights and claims against the Company arising in any way from storing these items.
2.7 You shall comply with the directions of any of our employees or agents at the Access Area and the regulations for the use of the Self-Storage container which we may issue or revise from time to time.
2.8 We will use commercially reasonable efforts to maintain the temperature and humidity of the facility at around 15 – 25 degrees Celsius and around 50 – 70 percent humidity. We will take all commercially reasonable steps to protect your items from the growth of mold. However, we cannot guarantee that mold may not develop on your property. By executing this Agreement, you understand and agree that the Company is not liable for the natural growth of mold or mildew on your property.
2.9 We or anyone acting on our behalf may at any time without notifying you to break the lock to gain access of your Self-Storage container to inspect your Goods:
2.9.1 if we reasonably believe that they may contain any Goods described in Clause 2.5;
2.9.2 if we are required to do so by the police, fire services, authority or court order;
2.9.3 if we feel people or property are at risk of injury or damage;
2.9.4 any other circumstances at the discretion of the Company management.
2.10 The Company shall have no liability associated with any of the processes described in Clause 2.9. Any further costs or losses incurred shall be borne by you.
2.11 You shall be responsible for ensuring that the Self-Storage container is locked at all times when you are not in attendance. The Company shall not be responsible for locking any unlocked Self-Storage container. If your Goods is damaged or lost, you waive all rights and claims against the Company arising in any way due to unlocked container.
2.12 The Company may refuse to store any Goods or may return to you any Goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such Goods would represent a risk to the safety of any person, the security of the storage facilities, or any other Goods stored at the storage facilities.
2.13 For safety reasons, access to our storage facilities or those of any of our sub-contractors or agents shall be strictly prohibited.
2.14 Your Self-Storage container may be relocated from the original site in response to our objective needs. You are aware that during transportation, the contents inside your Self-Storage container may be scratched, bumped or jostled at times. You must ensure your Goods inside your Self-Storage container have been properly wrapped and locked securely to prevent from being lost or damaged during the relocation. By executing this Agreement, you waive all rights and claims against the Company should your items be lost or damaged during transportation.
- Reservation procedures for use of Self-Storage container
3.1 Prior to access your Self-Storage container, reservation is required for arrangement.
3.2 Reservation procedures are as follow:
Monday to Saturday:
If you need to access your self-storage container during the office hour from 11:00am – 6:00pm, one day prior notice will do, Your self-storage container will be ready at the Access Area. By using the door card, you can enter the Access Area anytime throughout the night for usage.
Sunday & Public Holiday:
If you need to access your self-storage container, prior notice must be given latest on Sunday or the day before the holiday from 11:00am to 6:00pm. By using the door card, you can enter the Access Area that you have chosen.
3.3 Reservation is based on first come first serve basis.
3.4 Subject to the terms herein, we reserve the right from time to time make and vary regulations concerning reservation procedures and general management and security to the Access Area.
- Restrictions
4.1 You must not use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect.
4.2 You must not sub-license or re-sell any of the Services to a third-party nor represent us in any way for any reason whatsoever without our prior written consent.
4.3 You must not do anything on the premises or in the Self-Storage container which may invalidate any of the Company’s insurance policies or increase our premium.
4.4 You must not cause any obstructive or undue hindrance in any passageway, stairway, Access Area or any other part of the premises, and you may at all times exercise courtesy to others in using these areas.
4.5 You must not do or permit or suffer any person exercising or purporting to exercise the rights given in this Agreement to do anything in relation to the premises which would or might cause the Company to be in breach of any covenants or other obligations owned by the Company under any lease or license.
- Alternative premises
5.1 The Company may at any time by giving you seven days’ notice in writing to relocate your Self-Storage container to our other appointed premises. Under such situation, transportation charge for relocation will be borne by us.
5.2 If your Self-Storage container is relocated to our alternative premises, this Agreement will continue in full force and the monthly service charge will continue to apply until the end of this Agreement.
- Monthly Service Charge
6.1 You shall pay the monthly service charge for the minimum period of storage rendered by the Company on signing this Agreement and thereafter shall pay the monthly service charge in advance on the due date without any deduction or set off.
6.2 We accept cash, cheque, bank transfer or EPS.
6.3 The Company may charge a one-off penalty of HK$100 in the event that you block payment to us when we are not at fault.
6.4 The Company may increase the monthly service charge at any time upon giving you written notice thereof such increase to take effect on the first Cut-off Date occurring not less than 2 weeks after the date of such notice.
6.5 If you terminate the contract before the expiration date of the contractual term, you are still required to pay the entirely of the agreed contractual sum. Any prepaid amount will not be refunded under this situation.
- Deposit
7.1 You shall upon signing of this Agreement pay to the Company 2 months deposit of the original monthly service charge, which shall be returned by the Company to you without interest within 30 days of the termination of this Agreement provided that we shall be entitled to deduct from the deposit any sums in respect of:
- Repairing any damage to the Self-Storage container and premises caused by you, your agents or invitees or by the Goods stored therein;
- Any unpaid monthly service charge or relocation fee or other charges;
- Any other obligation of you to the Company that you have not discharged in full.
7.2 If the monthly service charge is increased pursuant to clause 6.4, you shall pay a lump sum fee in the form of deposit in each of the situation as set out in the above. The payment sum amounts to the shortfall between the original deposit and the new deposit after the monthly service charge is increased. The sum shall be paid at the same time of paying the increased monthly service charge after the monthly service charge is increased.
- Default of Payment of Monthly Service Charge
8.1 In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorize us to withhold the Goods and you authorize us access to inspect the Goods.
8.2 If you fail to arrange payment for any amounts payable to us by the due date and after a grace period of 15 days, we will charge a late payment fee of HK$100 to be levied every 15th date past due onward, up to 90 days past due.
8.3 If you fail to arrange payment for any amounts payable to us within 60 days past due date, we reserve the right break your lock to gain access and to withhold your Goods stored with us for sale or auction. We will also charge a lien sale/auction fee of HK$750 if applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, late payment fees and lien sale/auction fee. If, there is any amount leftover after settling all charges and payment, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.
8.4 If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not settled within 7 days, we may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
8.5 We may sell the Goods by any means reasonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reasonably or economically sold, we are authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by you.
- Non-assignment
The benefit this the Agreement is personal to you and not assignable.
- Limitation of Liability
10.1 We shall not in any event be held liable or responsible for any damage or loss to the Goods.
10.2 You acknowledge that we are not aware of the value of the Goods stored with us. You are responsible to arrange appropriate insurance for your Goods.
10.3 You acknowledge and agree that use of our website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our website or misinterpreting its content.
10.4 It is your responsibility to ensure that Goods are properly and carefully packed with enough protection as would be reasonably required for storage. We shall not be held liable for any damage to any items as a result of insufficient or improper packing or protection; any deterioration of Goods which may happen over time; fragility of items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legal reasons.
10.7 The Company and its employees or agents shall not be liable to you in all circumstances by reason of misrepresentation or any implied warranty or condition or under express provision of this Agreement for any loss or damages cost, expenses or other claims (whether caused by the negligence of the Company and its employees or agents or otherwise) which arise under or in connection with this Agreement.
- Termination
11.1 Either party may at any time terminate this Agreement by giving not less than 15 days’ written notice to the other ending on the Cut-off Date (except with contractual terms) and any such termination to take effect on the date specified in such notice without prejudice to any right which either party may have by reason of any antecedent breach by the other party of any provisions of this Agreement.
11.2 You may not terminate this Agreement if any monthly service charge or other charges payable by you under this Agreement are outstanding or if you are otherwise in breach of this Agreement.
11.3 The Company may terminate this Agreement by giving you notice in writing if you are in breach of this Agreement, notwithstanding any notice period, such termination to take effect forthwith.
11.4 Upon termination of this Agreement, you shall remove the Goods from the Self-Storage container and shall leave it clean and in the same condition as at the commencement date.
11.5 Upon termination of this Agreement, you shall remain liable to the Company in respect of any costs incurred by the Company in cleaning and reinstating the Self-Storage container or disposing of any Goods or waste left therein.
11.6 If you do not remove all the Goods from the Self-Storage container within 7 days of the date specified in the notice given or within 7 days of termination of this Agreement, the Company reserves its right to treat the Goods as abandoned and thereafter to sell, destroy or dispose of such Goods and apply any proceeds of sale in the manner specified in Clause 8 above. The Company reserves its right to make further charges to you thereafter in the event that the disposed proceeds of the Goods cannot cover the amount due hereunder.
- Rules and Regulations
The Company shall be at liberty from time to make rules and regulations for the use of the Self-Storage container. You shall observe and perform such rules and regulations as if they were made the provisions of this Agreement.
- Force Majeure and Bad Weather
13.1 We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
13.2 A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
13.3 In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
- Indemnity
14.1 You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our website or Services or by any other person accessing our website or Services under your account.
14.2 If upon termination of this Agreement shall fail to remove all the Goods from the Self-Storage container and to return it clean and tidy and in the same condition as the commencement date in accordance with clause 12.4 hereof, you shall indemnify and keep the Company indemnified against any loss or damage suffered and all costs and expenses incurred by the Company as a result thereof.
- Notices
15.1 Any notices given by you to us must be in writing by email to info@storeroom.hk
15.2 A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
- Disclaimer
16.1 Store-Room provides the website on an “as is” and “as available” basis with all faults. The Company does not warrant that use of the website will be error-free or uninterrupted or that any defects will be corrected.
16.2 The Company will provide the Services with reasonable care and skill and substantially as described in this Agreement. The Company does not make any other promises or warranties about the Services.
- Governing Law and Language
18.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Hong Kong.
17.2 In the event of any inconsistency between the Chinese and the English version, the English version shall prevail.
- Privacy
We only use your personal information in accordance with our Privacy Policy which is available on our website at any time. Please take the time to read this, as it includes important terms which apply to you and how your information is handled.
- Miscellaneous
19.1 This Agreement shall not create a tenancy nor confer upon you any tenancy rights and shall not constitute between the Company and you as the relationship of landlord and tenant.
19.2 If the customer is two or more person, the obligation under this Agreement shall be joint and several.
19.3 The Company reserves the right to refuse any goods without giving any reason.
19.4 This Agreement and any written amendments set forth the entire Agreement of the parties with respect to the subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, oral or written. With the exception of the Storage Rules and our Privacy Policy, as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of Store-Room or its agent is authorized to make any representations, warranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties. Storage Rules set forth below are made a part of this Agreement and you shall comply at all times with such rules. The Company has the right from time to time to change the rules.
19.5 We reserve the right to amend the terms and conditions within this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure Services from us. The latest version of this Agreement will always be accessible at www.storeroom.hk. Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement.
19.6 In case of any disputes, the Company reserves the right to make the final decision.
19.7 The failure by you or Store-Room to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19.8 All provisions of this Agreement apply equally to and are for the benefit of company, its subsidiaries, any holding companies, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
19.9 If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
19.10 In any event, all provisions of this Agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. In the event you use the website or Services again, the provisions of the terms and conditions that then apply will govern your re-use of the website or Services. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.
19.11 Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
19.12 This Agreement shall be governed by Hong Kong Law and both parties hereto submit to the exclusive jurisdiction of Hong Kong Special Administrative Region.
- Door to Door Deliveries Service
20.1 Our Services are currently available in Hong Kong Island, Kowloon and most of New Territories. Outlying Island only covers to Man Wan & Tung Chung. We cannot provide Services for areas require permit or where vehicles are not allowed to enter.
20.2 You are required to ensure that our employees or those of any third party acting on our behalf have reasonable access and parking facilities to your premises in order for us to carry out the Deliveries to you.
20.3 You shall ensure that the Goods have been securely packed into our container and are otherwise suitably prepared for transport so as not to cause damage or injury or the likelihood of damage or injury to the Company’s property, employees, agents, contractors or other Goods, whether by spreading of damp, infestation, leakage, escape of fumes or substances or otherwise.
20.4 You shall inform us within two working days of any damage to the Goods or your property that occurred during Delivery. If the condition is not met, we reserve the right to refute your claim.
20.5 When requesting a Delivery you are required to make an appointment and it is your responsibility to ensure that you or someone you have authorized is present at the address you have provided to receive the container at the scheduled time-slot. You should notify us of any changes regarding your orders by 5PM the day before the Delivery.
20.5.1 Any rescheduling and cancellation of appointment made after 5PM the day before your appointment will be subject to a charge of HK$250.
20.5.2 If someone fails to show up at the Delivery appointment, it will be considered a failed delivery and be subject to a charge of HK$250.
20.6 We shall not be held liable for any cancellations or deliveries, including but not limited to misallocation of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure.
20.7 We may refuse to collect any containers that do not comply with the terms stipulated in Clause 2 at our discretion. If this results in a failed delivery, you will be liable for a failed delivery charge of HK$250.
20.8 In the event that any containers are missing and we are not at fault, we will charge you HK$3000 per containers (any sizes).
20.8.1 The regular storage time is set as 45 minutes. If storage time is more than 45 minutes, we reserve the right to charge you HK$100/ per 30 minutes for the additional fee.
20.9 24 hours delivery response time subject to our availability.