Terms And Conditions Of Storage, Collection & Delivery

ACCEPTANCE OF TERMS: Please read these Terms of Service carefully to be sure that you understand them. By using the Service, you are agreeing to these Terms of Service. Your attention is particularly drawn to clauses 15 (Disclaimer) and 16 (Liability).

THIS AGREEMENT

1. This Agreement is made between us, LOVESPACE Limited (a company registered in England under number 07694327 with its registered office at 5th Floor, One New Change, London, EC4M 9AF) (“LOVESPACE”), and you, the person who wishes to use the Service and who enters into this Agreement by accepting these Terms of Service (“you” and “your”).
2. You must be at least 18 years old to use the Service. By registering to use the Service, you represent and warrant that you are 18 years of age or older.
DEFINITIONS
1. In these Terms of Service, the following words have the following meaning:
  1. “Agreement” means the agreement entered into by you and LOVESPACE for the provision of the Service on these Terms of Service;
  2. “App” means the consumer app created by LOVESPACE available on the App Store and Google Play Store;
  3. “Donation Container” means a Storage Container for you to fill with items which you wish to donate to Oxfam;
  4. “Goods” means the items which you, or LOVESPACE on your behalf, pack into Storage Containers for storage by LOVESPACE, or into Donation Containers for delivery to Oxfam;
  5. “Other Item” means an item provided by you for packing, transporting or storage which has not been packed into a Storage Container;
  6. “Pack and Ship Service” has the meaning given to it in clause 6.1(B);
  7. “Packaging Requirements” means LOVESPACE’s packaging requirements from time to time, as set out here;
  8. “Service” means the services referred to in clause 6.1, as selected by you on the Site, App, phone or by email to us;
  9. “Simple Storage Service” has the meaning given to it in clause 6.1(A);
  10. “Site” means LOVESPACE’s website at co.uk;
  11. “Storage Container” means a storage box which LOVESPACE supplies to you, or a box, case, bag or any other container which you provide in accordance with clause 8.2, in either case for packing, transporting and storage of your Goods.
TERMS OF SERVICE
1. In order to use the Service, you must agree to these Terms of Service. You may not use the Service if you do not accept these Terms of Service. Your use of the Service will be taken as acceptance of these Terms of Service.
2. LOVESPACE may refuse or may cease to provide the Service where LOVESPACE considers that it is or may be used in breach of these Terms of Service, or for any unlawful or improper purpose or for any other reason.
3. LOVESPACE may change these Terms of Service from time to time. LOVESPACE will notify you of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to the Terms of Service will come into force on the date stated in the notice which shall not be less than ten days from when notice is given. If you use the Service after changes to the Terms of Service have come into force, you will be taken to have agreed to the changes. If you do not agree to the changes, then you may terminate this Agreement under clause 21.
YOUR INFORMATION
1. In order to use the Service, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to LOVESPACE will always be accurate, correct and up to date.
2. LOVESPACE processes information about you in accordance with its Privacy and Cookies Policy. By using the Service, you consent to this processing.
PASSWORD AND SECURITY
1. When first signing up to use the Service, you will be required to choose a username and password as part of the Service’s registration process. You can log into your account and change your password at any time. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur under your account.
2. You shall:
  1. keep your username and password strictly confidential and take all reasonable steps to ensure that nobody other than you accesses the Service using your username and password;
  2. promptly notify LOVESPACE if you become aware or suspect that your username and password have become known to someone else.
THE SERVICE
1. In return for the charges payable under this Agreement and subject to the terms of this Agreement, we offer the following Services:
  1. Self-Pack, Collection, Storage and Delivery (“Simple Storage Service”): We shall collect and store and/or ship your Goods and Other Items to your nominated address; or
  2. Packing, Storage and Delivery (“Pack and Ship Service”): We shall pack your Goods and Other Items and store and/or ship your Goods and Other Items to your nominated address.
2. You shall opt for the Services you wish to receive on the App, Site, phone or by email to us. The following terms apply for the Service you have opted for:
  1. Simple Storage Service
    1. As and when requested by you from time to time, LOVESPACE shall:
      1. where you request, deliver one or more empty Storage Containers and other packing materials to the ground floor of your specified delivery address;
      2. where you request, deliver one or more Donation Containers to the ground floor of your specified delivery address, save that the delivery of Donation Containers shall be limited to one Donation Container for every three Storage Containers requested by you per order. You agree that you will not pack any Donation Container with any electrical items, medical equipment, anything broken, soiled, incomplete or unsafe, any safety headgear or any items which are listed in clause 9.3;
      3. collect the Storage Containers packed with your Goods, your Other Items and (where applicable) the Donation Containers, in each case suitably prepared for transport, from the ground floor of your specified collection address on the collection date chosen by you on the Site;
      4. transport the Storage Containers packed with your Goods or your Other Items otherwise suitably prepared for transport to LOVESPACE’s storage facility and store them there;
      5. return each Storage Container packed with your Goods and each Other Item to the ground floor of your specified return address on the date chosen by you on the Site; and
      6. transport any Donation Containers packed with your items to Oxfam’s donation point.
    2. You agree that the number of Storage Containers and Other Items that you requested on the Site to be collected shall be conclusive as to the number of Storage Containers and Other Items collected by LOVESPACE, subject to any change to the number that may be made at the time of collection.
    3. You agree that if you arrange for a delivery, collection or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site and App from time to time shall be payable.
    4. You agree that any Goods placed by you in a Donation Container are given away by you to Oxfam and, once collected by LOVESPACE, will no longer be your property and will not be returned to you.
    5. LOVESPACE may refuse to collect or return Other Items from addresses that are not in the list of Other Items Acceptable Postal Areas communicated via the Site, currently (AL, BR, BS, CR, DA, E, EC, HA, HP, IL, KT, LU, LS, MK, N, NW, SE, SG, SM, SW, TW, UB, W, WC, WD, WF); such list being subject to alteration from time to time.
    6. LOVESPACE may refuse to return Other Items to addresses that are not in the same postal area as from where they were collected.
    7. LOVESPACE will not deliver, collect or return Storage Containers or Other Items to an address outside of mainland UK, unless LOVESPACE agrees to do so in writing.
    8. Times given by LOVESPACE on the Site and App or otherwise for delivery, collection or return are estimates only and LOVESPACE shall not be liable for any delay in delivery, collection or return.
    9. LOVESPACE may cancel or postpone any delivery, collection or return where LOVESPACE considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of LOVESPACE having limited access to your specified delivery, collection or return address.
    10. LOVESPACE will not be responsible for:
      1. dismantling or assembling any unit, system or furniture (including flat pack);
      2. disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
      3. packing Goods into Storage Containers or Donation Containers.
  2. Pack and Ship Service
    1. As and when requested by you from time to time, LOVESPACE shall:
      1. pack your Goods or Other Items in Storage Containers for storage and/or delivery; and
      2. transport the Storage Containers packed with your Goods or your Other Items otherwise suitably prepared for transport to LOVESPACE’s storage facility prior to preparation of a quote for: (a) storage of your Goods or Other Items at LOVESPACE’s storage facility; or (b) onwards transport of your Goods or Other Items to your specified delivery address.
    2. You shall confirm within five (5) days from receipt of the quote provided to you by LOVESPACE whether LOVESPACE should proceed with: (a) storage of your Goods or Other Items at LOVESPACE’s storage facility; or (b) transport of your Goods or Other to your specified delivery address. You are not obliged to proceed with either option, however, if you fail to confirm to LOVESPACE within five (5) working days, LOVESPACE shall place your Goods and/or Other items in LOVESPACE’s storage facility and we will retain your deposit..
    3. You shall, prior to LOVESPACE packing your Goods or Other Items in Storage Containers, pay: (a) a fixed fee as detailed on the Site and App; and (b) a deposit as detailed on the Site and App. The deposit shall be deducted from your fees for storage of your Goods or Other Items at LOVESPACE’s storage facility and/or onward delivery fees. If you do not proceed with either option and collect your Goods or Other Items we will retain your
    4. You agree that if you arrange for packing or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site and App from time to time shall be payable.
    5. Times given by LOVESPACE on the Site and App or otherwise for delivery, collection or return are estimates only and LOVESPACE shall not be liable for any delay in packing or delivery. LOVESPACE shall notify you as soon as your Goods and/or Other Items have been packed and collected.
    6. LOVESPACE may cancel or postpone any packing or delivery where LOVESPACE considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of LOVESPACE having limited access to your specified packing or return address.
    7. LOVESPACE will not be responsible for:
      1. dismantling or assembling any unit, system or furniture (including flat pack);
      2. disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment;
      3. packing Goods into Donation Containers;
      4. any excluded items, as set out in Clause 9(3); and
      5. obtaining written consent from the landlord, accommodation provider or other relevant third party regarding LOVESPACE accessing your accommodation to pack and collect your Goods and Other Items.
YOUR RESPONSIBILITIES
1. You will be responsible for:
  1. obtaining and ensuring that LOVESPACE or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
  2. providing LOVESPACE with your contact details and ensuring that these are accurate and up to date;
  3. providing LOVESPACE with all the information requested about your Other Items when prompted by the Site, App, email or a call;
  4. notifying LOVESPACE of any changes regarding your orders by 11am the day before the:
    1. delivery of your materials;
    2. collection of your Storage Containers and Other Items;
    3. return of your Storage Containers and Other Items; or
    4. where such delivery, collection or return is scheduled on a Monday, by 11am the Friday before.
  5. providing LOVESPACE at least 2 working days notice from the date of your return where the return contains Other Items;
  6. if receiving the Simple Storage Service, ensuring that:
    1. you are present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Containers or Other Items;
    2. the Goods have been securely packed into Storage Containers and that the Other Items have been wrapped, both in accordance with our Packaging Requirements from time to time and that the Goods, the Storage Containers and the Other Items are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to LOVESPACE’s property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if the Goods are fragile you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed;
    3. each Storage Container and Other Item is labelled with the specific label provided by LOVESPACE which is affixed securely with tape; and
    4. informing LOVESPACE within 48 hours of any loss or damage to the Goods or Other Items or your property that occurred during a delivery, collection or return service. You acknowledge that LOVESPACE will not be responsible for any loss or damage if you fail to inform LOVESPACE within such time period.
  7. if receiving the Pack and Ship Service:
    1. notwithstanding the provisions of clause 7.1.4 above, notifying LOVESPACE of any changes regarding your requested changes before the confirmed packing date for the packing of your Goods and/or Other Items;
    2. ensuring that LOVESPACE is informed within 48 hours of any loss or damage to the Goods or Other Items or your property that occurred during a packing or return service. You acknowledge that LOVESPACE will not be responsible for any loss or damage if you fail to inform LOVESPACE within such time period; and
    3. obtaining written consent from the landlord, accommodation provider or other relevant third party regarding LOVESPACE’s access to your accommodation to pack and collect your Goods and Other Items, and sending a copy of such consent prior to LOVESPACE attending such premises to info@lovespace.co.uk;
STORAGE CONTAINERS
If receiving the Simple Storage Service:
1. Storage Containers may be supplied by LOVESPACE or may be provided by you.
2. Storage Containers supplied by you must be in accordance with LOVESPACE’s Packaging Requirements. LOVESPACE reserves the right to reject any Storage Container which is not in accordance with the Packaging Requirements. LOVESPACE shall not be responsible for any loss or damage to Goods which are not packed in accordance with the Packaging Requirements. If you provide your own Storage Containers they must be:
  1. in good condition, sturdy and suitable for transport and storage of the Goods;
  2. in respect of dimensions;
    1. Storage Containers with a combined width, height and length less than or equal to 110cm will be stored as “Small Boxes”.
    2. Storage Containers with a combined width, height and length greater than 110cm and less than or equal to 130cm will be stored as “Medium Boxes”.
    3. Storage Containers with a combined width, height and length greater than 130cm and less than or equal to 150cm will be stored as “Large Boxes”.
    4. Storage Containers or other items which have a combined width, length and height greater than 150cm will be stored under “Other Items”.
    5. If you wish to store any item that is not explicitly listed as available for storage on the Site then you must contact LOVESPACE for confirmation that your items can be stored and to receive a quote. LOVESPACE reserves the right to charge these items at a higher level than stated on the Site.
    6. In the event that any Storage Containers are found to be labelled in a manner inconsistent to that stated in clauses 8.2.2.1, 8.2.2.2, 8.2.2.3 and 8.2.2.4, LOVESPACE reserves the right to adjust the labels accordingly, and apply the correct charges, unless previously agreed to in writing by LOVESPACE.
  3. No Storage Containers, whether supplied by LOVESPACE or by you, should exceed the maximum weight limit of 25kg. Any containers exceeding the maximum weight limit will be subject to the following:
    1. A penalty for the item being overweight, whereby any container exceeding the maximum weight limit of 25kg will incur a penalty fee of £40 plus £1 per kilo per box in excess of 25kg, applicable per order containing one (or more) item(s) that are overweight;
    2. LOVESPACE reserves the right to repack the overweight storage containers into one (or more) Storage Containers that each weigh no more than 25kg. A charge for any packing or repacking T&M (Time and Materials) required to repack the overweight containers into one (or more) Storage Containers, weighing no more than 25kg each, will apply. The repacking fee will apply as follows, on a per box basis: Medium LOVESPACE Box: £5, Medium Suitcase Box: £5, Archive Box: £5, Crockery Box: £5, Clothes box: £5, Book Box: £5, Large Suitcase box: £5, Large Box: £7.50, Bike Box: £20;
    3. A change to the pricing plan contract may apply if the total number of boxes in an order is changed. Where the total number of boxes is reduced a credit may be applicable if the total monthly storage price is lower than the monthly storage price originally paid for. In the event of an increase in the total number of boxes in the order then charges may be applicable if the total monthly storage price is higher than the monthly storage price originally paid for.
  4. LOVESPACE, or any delivery partner acting on LOVESPACE’s behalf, may at any time:
    1. refuse to collect any Storage Container or Other Item supplied by you;
    2. redeliver, at your cost, any Storage Container or Other Item supplied by you; or
    3. repackage, at your cost, any Storage Container,
      if it reasonably considers that the Storage Container does not comply with the Packaging Requirements or this clause 8 or that the Goods have not been securely packed in accordance with clause 7.1.7.
  5. If LOVESPACE, or any delivery partner acting on LOVESPACE’s behalf:
    1. collects any Storage Container or Other Item supplied by you; or
    2. redelivers any Storage Container or Other Item supplied by you,
    3. despite the fact that such Storage Container or Other Item does not comply with the Packaging Requirements or this clause 8 or that the Goods have not been securely packed in accordance with clause 7.1.7, you will be liable for any damage or injury to LOVESPACE’s property, the property of third parties, employees, agents, or contractors as a result of your failure to comply with this clause 8 or clause 7.1.7 as applicable.
THE GOODS AND OTHER ITEMS
1. You warrant that the Goods or Other Items are your own property or that you have the right and authority to store, or request LOVESPACE to pack the Goods or Other Items in accordance with this Agreement.
2. LOVESPACE does not warrant that the storage facility used by LOVESPACE is a suitable place or means of storage for any particular Goods or Other Items.
3. The Goods or Other Items must not include and you must not store any of the following in the Storage Containers or Other Items:
  1. Liquids and semi-liquid foods in glass containers.
  2. All perishable goods.
  3. Non-perishable food unless packed so that they are protected from and do not attract vermin.
  4. Antiques (breakable and fragile).
  5. Birds, fish, animals or any other living, or non living creature.
  6. Explosive weapons, ammunition, swords, or replicas of the same or similar items.
  7. Sharp knives or other kitchen implements unless blade is fully protected with a suitable material.
  8. Combustible or flammable materials, liquids or compressed gases, including but not limited to, aerosols, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
  9. Chemicals, radioactive materials, biological agents, including household cleaners.
  10. Toxic waste, asbestos or other materials of a dangerous nature.
  11. Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
  12. Specialized equipment with electronic and/or fragile components.
  13. Batteries.
  14. Anything LOVESPACE, in its discretion, deems unacceptable on a case by case basis.
4. Should it become apparent that any of the prohibited items listed in clause 9.3 are (i) contained within one of your Storage Containers or within your Other Items or in themselves are one of your Other Items; or (ii) required to be packed by us, such items will be removed and disposed, and the rest of the Goods within that Storage Container or Other Item will be searched for further prohibited items, which if found, will also be removed and disposed. An administration fee of £50 will be charged for each Storage Container or Other Items that is found to contain or is in itself a prohibited item. Further disposal fees may also be applied depending on the nature of the prohibited item(s).
5. You agree that LOVESPACE or any contractor acting on LOVESPACE’s behalf may at any time without notifying you open any Storage Container to inspect the Goods:
  1. if LOVESPACE reasonably believes that it may contain any items described in clause 9.3;
  2. if LOVESPACE is required to do so by the police, fire services, local authority or by court order;
  3. in order for LOVESPACE to investigate title to the Goods in the event of any dispute;
  4. where LOVESPACE considers it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property;
  5. where LOVESPACE considers it necessary if there is excess weight or inappropriate packing materials used by you; and
  6. if LOVESPACE reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, LOVESPACE may repack the Storage Container.
6. LOVESPACE may:
  1. 1. refuse to pack or store any Goods or Other Items; or
    2. return to you any Goods or Other Items, at your cost, at any time,
      if, in LOVESPACE’s reasonable opinion, the packing, storage, or continued storage, of the Goods or Other Items would represent a risk to the safety of any person, the security of the storage facility, or any other Goods or Other Items stored at the storage facility.
7. You agree that if title to the Goods or Other Items is subject to any third party claim:
  1. LOVESPACE has the right to investigate the title and be satisfied as to such title before returning the Goods or Other Items; and
  2. LOVESPACE may keep possession of the Goods or Other Items until it has completed any investigation as to title in accordance with clause 9.5.1.
RESTRICTIONS
1. You must not:
  1. use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
  2. sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless LOVESPACE has previously agreed in writing;
  3. attempt to interfere with or disrupt the Service or the Site or the App or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
CHARGES AND PAYMENT
1. You may choose to sign up to the Service on the Site either:
  1. on a rolling month by month basis; or
  2. for a specified minimum period of months chosen by you, up to a maximum of 12 months.
2. You shall pay to LOVESPACE charges for the Service as follows:
  1. where you sign up to the Service on a rolling month by month basis, you shall pay LOVESPACE’s standard rates for the time being in force as detailed on the Site; or
  2. where you sign up for a specified minimum period of months, you shall pay LOVESPACE’s set monthly charge as notified to you;
3. Where you sign up to the Service for a specified minimum period of months, LOVESPACE will email you at your specified email address 14 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
  1. terminate the Agreement in accordance with clause 21.1; or
  2. be deemed to sign up to the Service on a rolling month by month basis and shall pay to LOVESPACE charges for the Service in accordance with clause 11.2.1.
4. LOVESPACE reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Storage Container collected:
  1. has a combined width, height and length greater than 150cm; or
  2. exceeds the maximum weight limit of 25kg.
5. LOVESPACE reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Other Item collected:
  1. has dimensions or weight different to that communicated by you before the collection takes place; or
  2. is not a specified item in the Other Items listed on the Site, and where a written quote has not been agreed with LOVESPACE.
6. LOVESPACE reserves the right to pass on any additional charges for:
  1. collection or delivery of Other Items from or to addresses that are not in the list of Other Items Acceptable Postal Areas communicated via the Site, subject to alteration from time to time (AL, BR, BS, CR, DA, E, EC, HA, HP, IL, KT, LU, LS, MK, N, NW, SE, SG, SM, SW, TW, UB, W, WC, WD, WF);
  2. delivery of Other Items to a postal area that is different to which it was collected from;
  3. collection or deliveries which require more than one person or more than one van to complete.
7. LOVESPACE reserves the right to apply a £50 handling fee for any Storage Container collected that is a suitcase, holdall, rucksack and sports bag where LOVESPACE wasn’t previously notified and the customer account amended to reflect this fact.
8. In the event that a driver is left waiting, and LOVESPACE incurs a cost for the waiting time, LOVESPACE reserves the right to charge you for the full cost of the waiting time.
9. LOVESPACE can, upon request, check items in the warehouse and provide a description of a customer’s items by label number. Each check, as understood by each journey required by a LOVESPACE agent to verify a piece of information requested by the customer that involves entering the warehouse to do so, will be charged at £5 per box or item.
10. All charges are inclusive of VAT. If the rate of VAT changes, LOVESPACE reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
11. LOVESPACE’s charges are payable by credit card or debit card in advance as follows:
  1. charges for LOVESPACE to send you empty Storage Containers and packing materials will be payable when you place an order on the Site;
  2. charges for the first month’s storage, whether the Storage Containers are provided by you or by LOVESPACE, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, will be payable when you place an order on the Site;
  3. charges for subsequent months storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, will be payable monthly on the same date that your Storage Containers or Other Items are collected from your specified collection address for transit to LOVESPACE’s Warehouse;
  4. charges for storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, for the month in which LOVESPACE returns the Storage Containers or Other Items to you will be payable in full when you arrange for your Storage Containers or Other Items to be returned;
  5. if:
    1. you sign up to the Service for a specified minimum period of months in accordance with clause 11.2.2; and
    2. you request the return of all or any of the Storage Containers or Other Items before the end of the specified minimum period,
      you will be liable for all storage charges, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, for those Storage Containers or Other Items up to the end of the agreed minimum period. These charges will be payable when you request the return of the Storage Containers or Other Items;
  6. charges for LOVESPACE to return your Storage Containers or Other Items to your specified return address (the cost of which as notified to you when you placed the order on the Site), are payable in full when you arrange for your Storage Containers or Other Items to be returned.
  7. If you add additional Storage Containers or Other items to those already in storage at LOVESPACE’s storage facility:
    1. the agreed charges for the Storage Containers or Other Items already in storage will continue to apply to those Storage Containers or Other Items; and
    2. the monthly charges for storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, in relation to the additional Storage Containers or Other Items will be calculated on the basis of the total number of your Storage Containers or Other Items that will be in storage.
  8. If you request the return of all or any of the Storage Containers or Other Items before the end of the specified minimum period in accordance with clause 11.11.5, you may store the same number of replacement Storage Containers or Other Items at LOVESPACE’s storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement Storage Containers will be subject to the same level of LOVESPACE’s liability as those Storage Containers or Other Items which they replace. Charges will apply as set out in clause 11.11 above, for:
    1. collection of your replacement Storage Containers; and
    2. LOVESPACE to return your replacement Storage Containers to your specified return address,
12. LOVESPACE may charge £10 administration fee to cover LOVESPACE’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to LOVESPACE.
13. If payment of the charges and any other amounts payable are not received by the due date, LOVESPACE may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 12), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, charge £5 per email sent, £2 per phone call, £10 per letter sent in the process of collecting the outstanding debt, and collect any charges from the debtor for auction or sales fees, and any transaction fees required.
14. LOVESPACE may review the monthly charges from time to time. If LOVESPACE increases the standard monthly rates for the charges:
  1. for all new orders, the new standard rates will take immediate effect;
  2. for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement in accordance with clause 21; and
  3. for existing customers who signed up to the Service for a specified minimum period of months, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site.
  4. LOVESPACE may review the charges for empty Storage Containers and packing materials from time to time. If LOVESPACE increases the standard charges, the increased charges will take immediate effect for all new orders.
15. Additional charges as set out on the Site from time to time may be applied if:
  1. you provide insufficient or inaccurate address information;
  2. you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
  3. LOVESPACE’s carrier is unable to access your premises to deliver or collect Storage Containers or Other Items and the delay lasts longer than twenty minutes;
  4. delivery, collection or return of the Storage Containers or Other Items takes over one hour to complete from arrival at your address through no fault of LOVESPACE’s carrier;
  5. you request that delivery, collection or return of the Storage Containers or Other Items be carried out outside of normal working hours (7.00am — 18.00pm Monday — Friday);
  6. LOVESPACE has to deliver or collect Storage Containers or Other Items from above the ground floor without being able to use a lift.
RIGHT TO WITHHOLD OR DISPOSE OF GOODS AND OTHER ITEMS
1. If you do not pay the charges or any other payments due under this Agreement, LOVESPACE shall have the right to withhold and ultimately dispose of some or all of the Goods or Other Items in accordance with this clause 12. You will be responsible for all storage charges and other associated costs reasonably incurred by LOVESPACE while withholding or disposing of the Goods or Other Items.
2. LOVESPACE will provide you with 28 days written notice requiring you to pay all amounts due and to contact LOVESPACE to arrange for re-delivery of the Storage Containers or Other Items. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, LOVESPACE may dispose of some or all of the Goods or Other Items by sale, gift to charity, or otherwise.
3. If in LOVESPACE’s reasonable opinion the Goods or Other Items cannot be sold for a reasonable price or at all (for any reason) or despite LOVESPACE’s reasonable efforts they remain unsold, you authorise LOVESPACE to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
4. You shall be responsible for all costs reasonably incurred by LOVESPACE in relation to the disposal of the Goods or Other Items. If LOVESPACE receives money on disposal of the Goods and Other Items the net proceeds of sale will be credited to your account and LOVESPACE will pay any excess to you without interest, less LOVESPACE’s administrative charge of £50.
5. If, after having made all reasonable efforts to do so, LOVESPACE is unable to return any excess to you, including having given not less then 90 days’ written notice to you in accordance with clause 25, LOVESPACE may retain any such excess for its own account.
6. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to LOVESPACE within seven days of a written demand from LOVESPACE. Interest will continue to accrue on the balance under clause 11.13 until it is paid in full.
RETURN OF PACKING MATERIALS
1. You are able to return unused packing materials that are in a re-saleable condition to LOVESPACE for a refund of up to £3.25 provided that you notify LOVESPACE of your intention to return the packing materials within 7 days of the date on which the packing materials are delivered to your specified delivery address.
2. LOVESPACE will not refund the delivery charge for you to return the packing materials to LOVESPACE.
3. Please notify LOVESPACE of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by LOVESPACE.
4. Once the packing materials have been received by LOVESPACE, LOVESPACE will in its discretion:
  1. refund you on the payment method used by you to pay for the packing materials; or
  2. credit your account for the correct amount.
    LOVESPACE recommends that you use a postage method that provides tracking for the parcel, so that you can prove when the packing materials are received back by LOVESPACE.
FEEDBACK
1. Where you provide LOVESPACE with any feedback or suggestions in relation to the Site or the App or the Service, you agree that LOVESPACE shall have no confidentiality obligations with respect to such feedback or suggestions and LOVESPACE may use or incorporate into the Site or the App or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you.
DISCLAIMER
1. LOVESPACE provides the Site and the App on an “as is” and “as available” basis with all faults. LOVESPACE does not warrant that use of the Site or the App will be error-free or uninterrupted or that any defects will be corrected.
2. LOVESPACE will provide the Service with reasonable care and skill and substantially as described in this Agreement. LOVESPACE does not make any other promises or warranties about the Service.
LOVESPACE’S LIABILITY TO YOU
1. In this clause 16, LOVESPACE limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods or Other Items. You acknowledge that LOVESPACE is unaware of the value of the Goods or Other Items to be packed and/or stored and does not insure or arrange insurance for the Goods or Other Items. LOVESPACE recommends that you arrange your own insurance to cover the value of the Goods or Other Items.
2. When LOVESPACE returns the Storage Containers packed with your Goods or Other Items to you, you must promptly examine the Goods or Other Items and notify LOVESPACE of any loss of or damage to the Goods or Other Items within two working days of redelivery of the Goods or Other Items to you. Where LOVESPACE has provided the Pack and Ship Service, you must notify LOVESPACE of any significant damage to the property within two working days of becoming aware of the damage to the property. If you fail to inform LOVESPACE within such time period of loss or damage to the Goods or Other Items, or damage to the property in circumstances where we have provided the Pack and Ship Service, LOVESPACE will not be liable to you for any loss or damage.
3. In the event of a claim, LOVESPACE shall be entitled to require proof of: (i) the cost price and the current replacement cost of the Goods or Other Items; or (ii) the cost to repair the damaged area in the property. You must respond promptly to LOVESPACE’s enquiries and requests for information in respect of the Goods or Other Items and/or property. If you do not provide LOVESPACE with any information or documents requested by LOVESPACE within 28 days of LOVESPACE’s request, LOVESPACE will not be liable to you for the loss of or damage to the Goods or Other Items or property.
4. In respect of each Storage Container or Other Item, LOVESPACE’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service or any breach of this Agreement by LOVESPACE or for any loss of or damage to the Goods or Other Items (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of:
  1. the cost price of the Goods in the Storage Container or Other Item;
  2. the current replacement cost of the Goods in the Storage Container or Other Item at the date of the claim; and
  3. £100 or, if you chose to purchase a higher level of LOVESPACE’s liability for the applicable Storage Container or Other Item in accordance with clause 17, such higher amount.
  4. In respect of the property, in circumstances where LOVESPACE has provided you with the Pack and Ship Service, LOVESPACE’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service for any damage to the property shall not in any event exceed the cost of repairing the damaged area only.
5. Where LOVESPACE engages an international transport operator, shipping company or airline to deliver your Goods to a destination chosen by you, you shall enter into separate terms and conditions set by that carrier.
6. LOVESPACE shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
  1. loss of or damage to the Goods or Other Items which does not arise as a direct consequence of any breach of this Agreement by LOVESPACE or any deliberate or negligent act or omission on the part of LOVESPACE or its contractors;
  2. any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if LOVESPACE was aware of the possibility of such a loss;
  3. loss of or damage to the Goods or Other Items which is caused by your failure to comply with this Agreement;
  4. loss of or damage to any Goods or Other Items of a type listed in clause 9.3 or those set out in the Packaging Requirements under the heading “What we will not be liable for”;
  5. loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
  6. loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
7. LOVESPACE shall have no liability to you:
  1. In respect of providing the Simple Storage Service:
    1. for damage to the Other Items if not wrapped to protect against handling and transport as set out in the Packaging Requirements;
    2. for damage to the Other Items if proof of condition photos are not provided through the App or when requested by LOVESPACE prior to the collection;
    3. for damage to the Storage Containers themselves (as opposed to the Goods inside the Storage Containers); and
    4. for damage to the property when transporting Storage Containers and Other Items out of and into the property;
  2. In respect of providing the Pack and Ship Service:
    1. for damage to the property when packing the Goods and/or Other Items on your behalf, unless loss or damage is caused as a result of our negligence or breach of contract; snd/or
    2. for any item which LOVESPACE does not pack, store and/or deliver on your behalf.
  3. In respect of providing the Services:
    1. if the Goods are not in our actual possession;
    2. if the Goods are seized under any law or court order; or
    3. for Goods confiscated, seized, damages or removed by custom authorities or any other government agencies.
8. No employees of LOVESPACE shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
9. Nothing in these Terms of Service excludes or limits LOVESPACE’s liability for:
  1. death or personal injury caused by LOVESPACE’s negligence; or
  2. fraud or fraudulent misrepresentation.
HIGHER LEVEL OF LIABILITY
1. You may choose to purchase a higher level of LOVESPACE’s liability to that stated in clause 16.4.3 for an additional monthly fee at LOVESPACE’s standard rates for the time being in force as detailed on the Site and the App or as notified to you by LOVESPACE. However, the same level of LOVESPACE’s liability must apply to all of your Storage Containers.
YOUR LIABILITY TO LOVESPACE
1. You shall reimburse LOVESPACE in full an amount equal to all damages, liabilities, costs, claims and expenses that LOVESPACE may incur as a result of your use of the Service or any breach by you of this Agreement.
OWNERSHIP OF RIGHTS
1. All rights, including copyright, in the Site and the Service are owned by or licensed to LOVESPACE. “LOVESPACE is a registered trade mark of LOVESPACE Limited.
RIGHT TO CANCEL – “COOLING OFF PERIOD”
1. Each request for the Service by you shall constitute a separate contract between you and LOVESPACE on these Terms of Service.
2. Subject to clause 3, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with LOVESPACE. If you wish to cancel within the 14 calendar days you must notify LOVESPACE in accordance with clause 25.
3. You acknowledge that you will lose your right to cancel under clause 2 if you request LOVESPACE to collect the Goods in accordance with clause 6.1.3 before the period of 14 calendar days elapses.
TERMINATION
1. You may terminate this Agreement at any time by requesting the return of your Storage Containers packed with your Goods or Other Items and paying any outstanding charges due to LOVESPACE.
2. LOVESPACE may terminate this Agreement with immediate effect by notice in writing to you, if:
  1. you fail to pay any amount due, including any interest accrued, by the date due; or
  2. you are in breach of any term of this Agreement.
3. LOVESPACE may terminate this Agreement for any reason by giving you not less than 30 days written notice.
4. Upon termination of this Agreement for any reason you must contact LOVESPACE promptly to arrange for re-delivery of the Storage Containers.
5. If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Containers, then LOVESPACE may dispose of the Goods in accordance with the provisions of clause 12.
REFERRAL SCHEME
1. The LOVESPACE referral scheme allows you to earn credit to your LOVESPACE account by referring friends to LOVESPACE.
2. When you receive a referral code from LOVESPACE either by email or via the Site or the App, you may share the referral code with your friends in person, through the Site, Twitter, Facebook or by email.
3. You may not post your referral code on voucher websites or affiliate marketing schemes.
4. You may not create false accounts, fabricate redemptions or otherwise engage in attempts at forgery or fraud.
5. By default, the maximum referrals you can claim for is 15.
6. You agree that by sharing the referral code through the Site or the App your friend will be provided with your name and email address.
7. If:
  1. a friend uses the referral code when using the Service for the first time; and
  2. such friend does not cancel the Service within the cancellation period for such Service,
    LOVESPACE shall credit the sum of £10 to your LOVESPACE account.
8. You acknowledge that a referred friend may only use one referral code.
9. The customer referral scheme is not open to LOVESPACE staff or Ambassadors.
10. In the event of any disputes regarding any referral credit the decision of LOVESPACE is final. LOVESPACE reserves the right to revoke any credit that has been deemed improperly acquired.
ASSIGNMENT AND SUB-CONTRACTING
1. You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without LOVESPACE’s prior written consent.
2. This Agreement shall be binding on your personal representatives, successors and permitted assigns.
3. LOVESPACE shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
4. LOVESPACE may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation and storage), but such sub-contracting shall not relieve LOVESPACE of any liability under this Agreement.
FORCE MAJEURE
1. LOVESPACE will not be liable or responsible for any damage to or loss of the Goods or Other Items, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
NOTICES
1. Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
  1. if to LOVESPACE — to its head office address or email address as stated for the time being on the Site;
  2. if to you — to the billing address or email address for you which you registered with LOVESPACE or which you last notified to LOVESPACE.
2. Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
GENERAL
1. Save as expressly provided in the Terms of Service, this Agreement constitutes the whole agreement and understanding between you and LOVESPACE relating to the Service.
2. You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in these Terms of Service.
3. The failure of LOVESPACE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
4. If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
5. This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
6. This Agreement is governed by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
PROMOTIONAL CODES
1. LOVESPACE promotional codes allow you to receive a discount on your order, either as a percentage or an absolute monetary amount.
2. You may not post your promotional code on voucher websites, affiliate marketing schemes or other 3rd party websites.
3. You may not create fake accounts, split your bookings with the intention of exploiting a promotional code
  or
  otherwise engage in attempts at forgery or fraud.

PACKAGING REQUIREMENTS

WHAT WE WILL ACCEPT

Double-walled cardboard boxes (either our LOVESPACE boxes or any double-walled cardboard box with a combined width, height and length less than or equal to 180cm, 25kg).
Archive boxes, secured for transport (either our LOVESPACE archive boxes or any double-walled archive box with a combined width, height and length less than or equal to 110cm, 25kg) or poster/document tubes.
Suitcase, bags, and sport bags (all items must be sealed inside LOVESPACE suitcase boxes purchased from LOVESPACE and have a combined width, height and length less than or equal to 180cm, 25kg), and musical instruments in hard cases.
Bicycles, skis, snowboards (packed in an appropriate LOVESPACE box or in a hard travel case).
Printers, TVs and other electrical equipment within original packaging including polystyrene interior (combined width, height and length less than or equal to 180cm, 25kg).
Items of furniture or other outsize items known as Other Items only where both collection and return will take place to the same postal area within the following list of Other Items Acceptable Postal Areas communicated via the Site, subject to alteration from time to time, (AL, BR, BS, CR, DA, E, EC, HA, HP, IL, KT, LU, LS, MK, N, NW, SE, SG, SM, SW, TW, UB, W, WC, WD, WF).
Goods wrapped in protective layers of bubble wrap and packed carefully into a Storage Container which is sealed closed with tape.
Other Items wrapped in protective layers of bubble wrap or fabric.

WHAT WE WILL NOT ACCEPT

Single-walled cardboard boxes, including crisp boxes!
Bin bags, plastic bags, laundry bags, and canvas bags.
Musical instruments in soft cases.
Bicycles, skis and snowboards not in a double-walled cardboard box or specialist bag.
Any Storage Container over 25kg or with a combined width, height and length greater than 180cm.
Any goods containing liquids, chemicals or food.
Please call us if you have items outside this range as we may be able to help
Anything containing items in accordance with clause 9.3.

WHAT WE WILL NOT BE LIABLE FOR

In terms of outer packing, anything that is considered as packing materials for the Goods or Other Items as per the “What we will accept list” above.
In terms of Goods,

Glass, crockery and other fragile items unless packed within a LOVESPACE crockery box;
Goods with any glass element, and other fragile items;
Electronics and small kitchen appliances (including, by way of example, but not limited to rice cookers, kettles);
Jewellery, bullion;
Antiques;
The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments.

In terms of Other Items,

anything that is not considered as wrapped to be protected against handling and transport as set out in the Packaging Requirements;
where proof of condition photos are not provided through the App or when requested by LOVESPACE prior to collection.

General wear and tear of floors and walls whilst packing and transporting the Goods from and to the property.
Any items which LOVESPACE do not pack, as part of the Pack and Ship Service.

OTHER ITEMS ACCEPTABLE POSTAL AREA

LOVESPACE will only accept Other Items where both collection and return will take place to the same postal area within the following list as communicated via the Site and in the section, subject to alteration from time to time:
AL, BR, BS, CR, DA, E, EC, HA, HP, IL, KT, LU, LS, MK, N, NW, SE, SG, SM, SW, TW, UB, W, WC, WD, WF.

Last updated: 13 May 2020

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