Effective as of May 15, 2016, until replaced
- Parties to the Agreement
This Agreement is made between Box-It Limited (“Box-It”, “we”, “us” or “our”) and you, the customer (“Customer”, “you” or “your”) who wishes to use our Services.
2.1 “Company” means Box-It Limited
2.2 “Services” means all or any of the services and products we may offer at any time.
2.3 “Delivery” or “Deliveries” means any empty Box drop-offs, packed Box pickups, follow-up pickups, delivery of packed Box, and empty Box collection trips.
2.4 “Boxes” means the storage boxes supplied by Box-It in which the Goods are packed.
2.5 “Goods” or “Items” means the items entrusted to be stored by us including those which are packed into Boxes and those which are not.
2.6 “Website” means our website at www.box-it.com.hk or any other website under which we provide and advertise our Services or subsequent URL which may replace it.
2.7 “Service Start Date” means the day we pick up your Box and/or Item or 14 days after we first drop-off empty Box to you whichever earlier.
2.8 “Relevant Amount” means monthly service charges plus all applicable charges, if any.
- Fees and Handling Charges
|A.||Monthly Fee :|
|–||Monthly rent of Standard Box||HK$49/Box|
|–||Monthly rent of Jumbo Box||HK$59/Box|
|–||Monthly rent of Oversized Item||HK$69/Item|
|B.||Handling Charge :|
|–||Empty Box drop-off fee||FREE|
|–||Packed Box pick-up fee (1st time to storage facilities)||FREE|
|–||Retrieval fee (one-way)||HK$44 per trip(include 1 box/item) + extra HK$15 per box|
|–||Pick-up of retrieved boxes (if returned within 20 mins)||HK$44 per trip(include 1 box/item) + extra HK$15 per box|
|–||Content disposal fee||HK$50/Box or Item|
|C.||Other Fees and Penalties :|
|–||Late cancellation of appointment||HK$150|
|–||No Show at appointment||HK$150|
|–||Failed delivery charge (in the event that we are not at fault)||HK$150|
|–||Lost or damaged Box fee (Standard Box or Jumbo Box):||HK$200/Box|
|–||Charge for overweight Box/Item (one-way)||HK$100/Box or Item|
|–||Late payment fee (levied every 15 days past due onward after grace period)||HK$100|
|–||Lien sale/auction fee||HK$750|
|–||Transportation fee if Service not used within 14 days after first Empty Box drop-off, otherwise extra charge per trip||HK$200|
|–||Charge back charge (block payment when we are not at fault)||HK$100|
- Registration and Accounts
4.2 Upon registration, you will choose a username and password (login information). You are responsible to keep your login information confidential and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. You agree that any person in possession of your login information is authorized to act as your representative for using our Services and Website. You are responsible for all the activities that occur under your account.
4.3 You shall promptly notify us if you become aware or suspect that your login information have become known to someone else.
4.4 You can change your address, phone number and/or email address by logging into your personal Box-It account. Change of address within the 1st six months will charge HK$1500 each time. After that, change of address is free of charge. Any future Delivery orders will deliver to your new address accordingly. Change of phone number and/or email address is always free of charge. If you moved to an area where Box-It is not covered, we will deliver the Boxes and/or Items back to your registered return address at our expenses.
4.5 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.
- Storage of Goods
5.1 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.
5.2 All Boxes provide by Box-It remain the property of the Company.
5.3 Box-It does not warrant that the storage facility used by the Company is a suitable place or means of storage for any particular goods.
5.4 Goods stored with us must not exceed 25KG per Standard Box/Item and 30KG per Jumbo Box. You are responsible to carefully pack all Goods and protect them with protective wrapping or padding. Goods stored in Box-it Boxes must be completely sealed with the Box-it tamper-proof security fastener provided to you upon drop-off of Boxes.
5.5 You are subject to our minimum usage policy of at least one box/item.
5.6 Goods stored must not include prohibited, illegal, stolen or perishable items. Other prohibited Goods include but are not limited to
5.6.1 chemicals, drugs, hazardous or toxic materials of any kind;
5.6.2 food or perishable goods of any kind;
5.6.3 flammables, firearms, weapons or explosives of any kind;
5.6.4 items which emit any kind of odor or fumes;
5.6.5 plants or creatures (whether living or dead);
5.6.6 liquids or compressed gases;
5.6.7 illegal drugs, contraband or counterfeit goods, stolen property or illegal items of any kind;
5.6.8 currencies, bonds or securities;
5.6.9 jewellery, antiques, fine art, fine wines, precious metals or high value items of any kind;
5.6.10 personal property that would result in the violation of any law or regulation of any governmental authority;
5.6.11 any items that, in our determination, danger the safety and health of people of in our facility and the environment;
5.6.12 any type of electronics.
5.7 In addition, we strongly advise that you should not place into our Boxes 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 Boxes that contain 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.
5.8 Regardless of how well you pack your Boxes or Items, they will be moved around during transportation and may be jostled at times. As such, you should not store in the Boxes any fragile items, such as glassware, crockery, picture frames, light bulbs, musical instruments, collectables or any items that are easily broken. By executing this Agreement, you understand and agree that if you proceeded to store fragile items in our Boxes, you waive all rights and claims against the Company should your fragile items be damaged.
5.9 We will use commercially reasonable efforts to maintain the temperature and humidity of the facility in which your Boxes are stored, from between 15 to 25 degrees Celsius and between 40 to 60 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.
5.10 We or anyone acting on our behalf may at any time without notifying you open your Boxes or Items to inspect your Goods:
5.10.1 if we reasonably believe that they may contain any Goods described in Clause 5.6;
5.10.2 if we are required to do so by the police, fire services, authority or court order; or
5.10.3 if we feel people or property are at risk of injury or damage; or
5.10.4 any other circumstances at the discretion of the Company management.
5.11 The Company shall have no liability associated with any of the processes described in Clause 5.10. Any further costs or losses incurred shall be borne by you.
5.12 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.
5.13 For safety reasons, access to our storage facilities or those of any of our sub-contractors or agents shall be strictly prohibited.
- Deliveries and Collections
6.1 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. You are responsible to ensure that Goods are available for collection on an easily accessible ground floor or within easy access by an elevator. At the moment, we cannot take any order where elevator is not available at the building of the premises.
6.2 You shall ensure that the Goods have been securely packed into Boxes or 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.
6.3 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.
6.4 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 Boxes and/or Goods at the scheduled time-slot. You should notify us of any changes regarding your orders by 5PM the day before the Delivery.
6.4.1 Any rescheduling and cancellation of appointment made after 5PM the day before your appointment will be subject to a charge of HK$150.
6.4.2 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$150.
6.5 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 (subject to further terms and stipulations as listed in Article 16 ).
6.6 We may refuse to collect any Goods or Boxes that do not comply with the terms stipulated in Clause 5.8 at our discretion. If this results in a failed delivery, you will be liable for a failed delivery charge of HK$150.
6.7 Goods and Boxes are provided to you for packing Goods are entrusted to be stored by us only. It is your responsibility to schedule a pick-up appointment of the Boxes within 14 days from the date of initial drop-off appointment you made. When we come to pick up Boxes from you, you must return to us all the Boxes that we previously delivered to you.
6.7.1 If you hold onto the empty Boxes for more than 14 days, we’ll charge you as if the Boxes were stored with us in the Company’s storage facilities.
6.7.2 In the event that any Boxes are missing and we are not at fault, we will charge you HK$200 per box (whether it is Standard Box or Jumbo Box).
6.7.3 If the waiting time is more than 20 minutes for any Boxes and Items collection trip, we reserve the right to reschedule for another collection trip and charge you HK$44 per trip(include 1 box/item) + extra HK$15 per box for the failed collection trip.
6.7.4 If you wish to keep empty Boxes for yourself, we’ll charge you HK$200 per box (whether it is Standard Box or Jumbo Box).
6.7.5 If you return unused empty Boxes to us upon scheduled packed Box pickup trip and end up not storing any Item or Boxes with us, we will charge you HK$200 cancellation fee.
6.8 24 hours delivery response time subject to our availability.
7.1 You must not:
7.1.1 use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
7.1.2 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;
7.1.3 attempt to interfere with or disrupt the Services or the Website or any server or network used by or connected to the Website or to gain unauthorized access to any such server or network.
- Payments and Charges
8.1 Rent shall be paid on a monthly basis to the Company in HK Dollar. Customer is required to pay in advance the charges for the first month of the Service. Any sum so paid to the Company shall not bear interest for the Customer. All advance payments are non- refundable under whatever circumstances.
8.2 Rent is charged on a monthly billing cycle and payable in advance. The Charges shown in the first month’s bill will cover the period from the Service Effective Date to the next bill date of the second billing cycle. The Charges for the period from the Service Effective Date to first bill date are therefore charged on a pro-rata basis in the first month’s bill(base on 30 days per month). If this Agreement or the Services ends on a day which is not the last day of the monthly billing cycle, the Customer shall remain liable for the full payment of the charges for the relevant month. For the avoidance of doubt, all monies already paid by the Customer for the Services are non- refundable under whatever circumstances.
8.3 You will receive your monthly bill. Upon placing an order, your credit card is authorized but not charged. Once your Boxes/Items have made its way safely to our storage facility for storage, you’ll be charged on your credit card given to us. You will be charged automatically on the monthly basis through PayDollar thereafter.
8.4 All applicable charges are those specified on the Website at the time of booking or as specified in this Agreement
8.5 All applicable charges are subject to change at our discretion and will take immediate effect.
8.6 We may require you to enter your credit card information in order to make use of our Services. Your credit card information is used to bill all future charges automatically. When entering your credit card information, you will be redirected to PayDollar online payment gateway. PayDollar provides a safe and secure means of online payment transactions. The credit card information provided will not be stored by Box-It Limited.
8.7 We accept payments by Visa or Master credit card.
8.8 The Credit Card must be valid for 1 month or above from the date of using our Services.
8.9 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.
8.10 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.
8.11 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.
8.12 If you fail to arrange payment for any amounts payable to us within 90 days past due date, we reserve the right 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.
8.13 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.
8.14 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.
8.15 Disposal fee of HK$50 per Box is payable when you request us to dispose of your belongings in one or more of Boxes, subject to you signing a full release agreement in favor of the Company.
- Promotional Code
9.1 Promotional code is limited to newly registered customers only. Newly registered customer refers to the new customer scheduling first time empty box drop-off and initial packed Box pick-up.
9.2 Offer is for one time use only and can only be used once per address.
9.3 Promotional code must be entered at checkout on your first order.
9.4 Offer is not resaleable or transferrable.
9.5 Offer is not redeemable for cash or refundable.
9.6 Other fees and charges may apply.
9.7 Promotional code cannot be used in conjunction with any other promotions or discounts.
9.8 Promotional code is a limited time offer.
9.9 Any violation of offer terms will render the offer invalid.
9.10 In case of disputes, Box-It reserves the right to make the final decision.
10.1 The Company purchases insurance directly with a third party insurance company. Our insurance policy only covers fire, flood and theft, facility malfunctioning, content from other customer’s Boxes, and any external factors not foreseeable or arising from negligence on the part of Company.
10.2 In the event of a loss as a result of these events, the Company will process the claim directly with the insurance company. The insurance claim will be paid to you once the Company receives the coverage from the insurance company. The Company will not be liable for any insurance coverage to you should the insurance company declines our claim.
10.3 The Company will insure each Box and/or Item containing Goods up to a maximum of HK$1,000 to cover:
10.3.1 transporting Boxes and/or Items to the Company’s storage facility;
10.3.2 storage of the Boxes and/or Items at the Company’s storage facility; and
10.3.3 returning Boxes and/or Items to your specified return address.
10.4 In the event you sustain a loss and your insurance company reimburses/indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against the Company and its agents for the loss.
- Limitation of Liability
11.1 We shall not in any event be held liable or responsible for any damage or loss to the Goods beyond what’s covered in our insurance policy as outlined in Article 10. Further, for the avoidance of doubt, we shall not be held liable for the damage even in the case that the security fastener is broken.
11.2 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.
11.3 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.
11.4 You are responsible to inspect any items returned to you from us for any loss or damage. If you believe there has been loss or damage to items, you are required to notify us within 48 hours of the delivery. We reserve the right to inspect the Boxes, Items, and Goods and take pictures of any alleged damage or loss before an insurance claim can be made.
11.5 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 loss, mis-delivery of and 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.
11.6 In any event, our total liability in respect to the every Boxes and Goods, whether in the case of an insurance claim or not, shall not exceed the lower of (i) the cost of the lost or damaged Goods; (ii) the current replacement cost of the Goods at the date of the claim; or (iii) the maximum HK$1,000 insurance cover for the applicable Box and/or Goods (subject to Clause 8 above). In any event of a claim, we are entitled to proof of alleged the loss or damage and the replacement or initial cost of the lost or damaged Goods.
11.7 In the event of a claim, the Company shall be entitled to require proof of the cost price and the current replacement cost of the contents of the Box and/or the stored Goods.
11.8 Notwithstanding the above, no terms within this Agreement will affect or restrict any of your statutory rights.
12.1 You may terminate this Agreement at any time by requesting the return of your Goods stored in Boxes and Items, and settling any outstanding charges due to us, if any.
12.2 The Company may terminate this Agreement for any reason by giving you not less than 30 days written notice. In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
12.3 The Company may terminate this Agreement at any time and with immediate effect by providing written notice to you, if:
12.3.1 You fail to pay any amount due by the due date; or
12.3.2 You are in breach of any terms of this Agreement.
12.4 Upon termination you must ensure that you contact us to arrange the return of your Goods at your cost and such return must be arranged within 15 days from the date of notification. If, for any reason, within 15 days following the termination of this Agreement, you have not arranged the return of your items we may dispose of them in accordance with Article 8.
- Intellectual Property Rights
13.1 We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.
13.2 Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
- Sub-contracting and Assignment
15.1 The Company may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent without your content.
15.2 The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.
15.3 This Agreement shall be binding on your personal representatives and successors.
- Force Majeure and Bad Weather
16.1 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.
16.2 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.
16.3 For the avoidance of doubt, the hoisting or issuing of a Red or Black Rainstorm Warning or a Tropical Storm Warning of Signal No.8 or higher shall also be considered a Force Majeure. In such situations, all Services and Deliveries shall be immediately cancelled. Services and Deliveries shall resume as soon as it is practically and safely possible to do so once such Warnings have been lowered or removed.
16.4 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.
17.1 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.
18.1 Any notices given by you to us must be in writing by email to firstname.lastname@example.org
18.2 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.
19.1 Box-It 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.
19.2 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
20.1 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.
20.2 In the event of any inconsistency between the Chinese and the English version, the English version shall prevail.
21.2 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.box-it.com.hk . Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If you do not agree with any changes to this Agreement, you may terminate this Agreement as per Article 12.
21.3 In case of any disputes, the Company reserves the right to make the final decision.
21.4 The failure by you or Box-It to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
21.5 All provisions of this Agreement apply equally to and are for the benefit of Box-It Limited, its subsidiaries, any holding companies of Box-It Limited, 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.
21.6 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.
21.7 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.
21.8 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.
21.9 We always welcome your feedback which can be sent to us by email to email@example.com . Where you supply any feedback, you agree and acknowledge that Box-It shall have no confidentiality obligations to such feedback or suggestions and that it may be incorporated into our Website or Services.
Thank you for reading our terms and conditions. We hope you enjoy our Services.