This Agreement on General Conditions of Service and Use of the Website (hereinafter “General Conditions”) defines the standards of use of the website www.boxmotions.com (hereinafter, the “website”), as well as the legal agreement between Boxmotions SL (hereinafter, “Boxmotions”, “the Company” or “We”) and the Clients / clients (hereinafter, the “Customer” or “You”) of this website or of the services offered by Boxmotions.

This set of General Conditions represents the unique agreement between Boxmotions and the Client for the provision of our services.

Each party acknowledges that it cannot be based on other terms, guarantees or representations given or carried out by the other, whether explicit or implicit if they are not expressly incorporated in a written contract.

The use of the site implies the total acceptance of these General Conditions. If you do not agree with them, you must leave and stop using the website immediately.

Similarly, the use of the services provided by Boxmotions, contracted "online" or "offline", implies the total acceptance and application of these General Conditions provided as long as you and the Company do not previously agree in writing through another document.

Before hiring our service, you must explicitly accept these General Conditions. Please take a few minutes to read this document carefully before accepting it.

GENERAL DATA

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on the Services of the Information Society and Electronic Commerce, the following identifying data of the owner of the Platform are presented:

  • Corporate Name: Boxmotions, S.L.

  • Registered office: Calle Rosselló, number 184, third floor, Barcelona (08008) - Spain

  • Registration Data in the Mercantile Registry: Mercantile Registry of Barcelona, ​​Volume 4643, Folio 42, Sheet B477924

  • Tax Identification Number (NIF): B66663386

  • Email: serviceclient@boxmotions.com

SCOPE OF SERVICES

Boxmotions is a company dedicated to the storage of objects. It offers its customers different spaces with prices adapted to these spaces along with collection and delivery of the objects to be stored (hereinafter, the "Service").

Boxmotions personnel will travel to the place indicated by the Client where they will collect the packages object of storage. Before sealing the objects and/or boxes offered by the Company, our staff will take photographs of them, which will serve as reliable proof of the state in which they are before being stored. After taking pictures, the objects and/or boxes will be packed or sealed, and then stored. The objects and/or boxes will remain in the conditions in which the Client has delivered them to Boxmotions until the end of the contractual relationship.

To request the Service, the Client must register on the Platform through a “Registration form” where, in addition to his personal data, he must choose the storage plan that most interests him. Once the Client is registered, he can manage his request from his client account, through the link "log in" of the website, the collection of objects, returns of the same and storage plans, among other actions.

During the collection, You can determine the place and time section that best suits your needs. The time sections in which Boxmotions performs this service are detailed in the reservation form, which you will find in your customer account. Boxmotions reserves the right to modify the time section in which to carry out the appointment in case of operational impossibility. Likewise, the Company will offer the Client new alternatives for the collection of the objects. In case these new alternatives do not suit your convenience, we will give you the possibility to cancel the service at no cost to You.

Boxmotions provides a free transportation service at all pickups and includes thirty (30) minutes of free charge at the first collection. In the following collections the free loading time will be fifteen (15) minutes. The collection of objects will only be made a maximum of twice a week and at the same address. Boxmotions reserves the right to expand the number of collections contemplated.

Boxmotions provides free transportation service of the first delivery of items, from the second delivery of items, the Customer must pay € 9.90 for each delivery and in all deliveries will have the first fifteen (15) free minutes. The delivery of objects will only be made a maximum of twice a week. Boxmotions reserves the right to expand the number of deliveries contemplated.

In cases where the time exceeds the established free minutes, either because there is a higher number of objects to be photographed, or for a large number of objects to be collected/ delivered or due to circumstances that hinder the operation, Boxmotions will charge the amount of 1,24 € for every minute that exceeds the initial free time, for each operator.

Boxmotions provides the pre-delivery packaging service which costs 9.90€ for the transport of all the packaging you need, high quality plastic boxes and closet boxes for your clothes.

The allocation of the number of operators will be according to the budgeted plan:

Plans

Number of Operators

Plan by Article number

2

Plan from 0,5 m² to 9 m²

2

Plan from 10 m² to 15 m²

3

Plan from 16 m² to 19 m²

4

In the case that the number of operators is sent lower or higher number than the one budgeted, the customer will only pay the price for the number of operators sent.

The Client may cancel and/or modify his reservation at any time. In the event that the Client cancels the collection of the objects once the transport service has been initiated to the postal address provided by the Client, the latter must pay the amount derived from the transport costs, which vary depending on the plan initially selected by the user.

Plans

Amount to be paid (VAT not incl.)

Plan by Article number

39,90.€

Plan from 0,5 m² to 9 m²

39,90.€

Plan from 10 m² to 15 m²

49,90.€

Plan from 16 m² to 19 m²

99,90.€

Plan from 20 m² to 30 m²

129,90.€

The Client, in any case and for security reasons, will have access to the Boxmotions warehouse where the objects are deposited. If the Client needs any of the stored objects, he must simply request it through the Client Account and it will be returned within forty-eight (48) hours.

If a delivery or collection requires special operations, (the need for a lifting platform or the need for more than one operator to load/unload) the collection and delivery times reserved by the Client may be affected. In this case, Boxmotions will agree with the Client the most appropriate schedules for both parties. It may happen that for the collection service, the Client needs to disassemble furniture. In these cases, Boxmotions can perform the disassembly service, which will necessarily always be linked to the collection. Thus, if the Client wishes to use the furniture disassembly service, the furniture will be transferred to the Boxmotions facilities immediately after said disassembly.

The area of ​​operation, delivery and collection are the regions of the “Petite Couronne” i.e. the post codes that begin with 75,92,93 and 94. Outside these areas, deliveries or collections of objects may be made, through a third company, and with a particular quote for each case.

CUSTOMER ACCOUNT

To register as a Client and be able to bind contractually, the Client must be at least 18 years old, or if applicable, have sufficient legal capacity to sign this contract. You must provide your name and surname, identification number, country of residence, postal address, email address, as well as bank card number.

The Client guarantees that the Personal Data provided is true and accurate and undertakes to notify any change or modification thereof. Boxmotions reserves, without being obliged to do so, the right to request any official information in order to verify the veracity of the Personal Data provided by the Clients.Terminos de uso

PRICES AND PAYMENT

The price for the Service offered will be the indicated in euros at the time of acceptance of the offer by the Client. The amount always includes all applicable taxes.

You may pay the costs for the Service through a payment gateway intended for this purpose, which will allow you to make the payment by using your debit and/or credit card, or by bank transfer with the information provided to You through the payment form. In case of acquiring a monthly plan, the selected quota will be deducted through the debit or credit card provided for this purpose. You can ask Boxmotions for the invoice for the contracted fee, which will be sent to the email address you provide.

The first payment associated with a storage plan will be made at any time after the collection of the objects, never being made before that time. At the time of online purchase of the product, you will be asked to describe the objects intended for storage.

It may be the case that you have not correctly described the objects intended to be stored, the volume or quantity of boxes. Keep in mind that the carriers that collect the items to be stored do not know the plan you want to contract with Boxmotions. Consequently, the initial plan selected may not fit the one initially offered. In this sense, Boxmotions reserves the right to modify the plan in relation to the actual volume of the objects to be stored. In this case, the Client has the option of accepting the new plan, or, on the contrary, choosing to have his objects returned. In this second case, the Client will pay the expenses derived from the transport, time dedicated to the collection and return of the objects, as well as the personnel assigned to said tasks. The expenses originated by this operation vary depending on the volume of objects resulting from the collection. So that, in case you do not want to keep the new plan resulting after the actual verification of the volume of objects to be stored, you will pay the following amounts:

Plans (Square Meters)

Amount to be paid (VAT not incl.)

Plan by Article number

80,00€

Plan from 0,5 m² to 3 m²

90,00€

Plan from 4 m² to 5 m²

130,00€

Plan from 6 m² to 9 m²

150,00€

Plan from 10 m² to 15 m²

240,00€

Plan from 16 m² to 19 m²

390,00€

Plan from 20 m² to 30 m²

650€

Boxmotions service storage plans will be monthly, quarterly, semiannual and/or annual, depending on the plan that the Client contracts.

Once the Service has been contracted, the Client will receive an email from Boxmotions in his email account assigned for this purpose, informing about the purchase of the Service.

If you do not receive the email about contracting the Service, please contact Boxmotions at the email address serviceclient@boxmotions.com.

Once Boxmotions returns the last stored object at the Customer's request, the contractual relationship will be deemed terminated. Consequently, Boxmotions will cease to charge the storage plan.

CUSTOMER RESPONSIBILITIES

You guarantee and take responsibility for the contents of the boxes and other items that you deliver to Boxmotions staff. This means that You are the owner of all items (except the boxes supplied by the Company).

The Client is responsible for the payment of the Service within the stipulated period. Non-payment of the Service will entail the non-availability of stored objects until the amount and/or pending amounts are regularized. After three consecutive months of default, it will be understood that the stored objects have been abandoned by the customer and consequently, Boxmotions may dispose of them as it deems appropriate. Likewise, Boxmotions reserves the right to claim, by any legal means, the outstanding amounts from its expiration date.

You guarantee that you have filled out all the boxes and that you know their contents first hand.

You guarantee that none of the boxes contain any of the prohibited objects determined in the “Prohibited Storage Objects” section.

When returning the items in boxes to the Customer, he must ensure that all the boxes are properly sealed before opening. Otherwise, you should contact Boxmotions staff before opening it.

The Client undertakes to make diligent use of the website and the services offered by the Company in accordance with these General Conditions. Any damage, including cost, sanction or loss of benefits resulting from breach of the obligations set forth herein by the Client, will be the responsibility of the latter.

PROHIBITED STORAGE OBJECTS

You as a Client guarantee that none of the boxes or stored objects contain any of the prohibited items in the following list:

  • Objects of a potentially dangerous nature (such as, without limitation, weapons, flammables, objects susceptible to explosions or radioactive materials).

  • Objects whose possession is illegal according to the legality of the country where they are stored.

  • Live animals or live plants.

  • Perishable objects (such as, without limitation, food, organic matter or any biodegradable object).

  • Medications or other chemicals that may be potentially toxic.

  • Fragile items not properly packed to support operations and transportation.

Similarly, goods of high monetary value are excluded from being stored, including, without limitation, precious stones and/or jewellery.

Boxmotions reserves the right to reject any box or object suspected of containing any of the prohibited or excluded items in this section. In that case, the money will not be returned to the Client and we reserve the right to transfer the box or object in question to the relevant authorities for inspection. However, Boxmotions is not obliged to perform such inspections since You are solely and ultimately responsible for not including any prohibited or excluded items. In the event that a prohibited or excluded content is confirmed, you will be responsible for any expenses derived from this breach, including, without limitation, attorney fees, legal fees, legal proceedings and/or compensation among others.

RESPONSIBILITY OF BOXMOTIONS

Boxmotions will be responsible for the loss or breakage of stored objects whenever it is due to cause attributable to this part. In any case, Boxmotions offers insurance that covers the Client's objects stored up to a total of two thousand five hundred euros (€ 2,500). The coverage of this insurance policy can be extended by calling the telephone number 900 649 304.

If you store objects with a value greater than the maximum coverage stipulated in this contract, you do so at your own risk. In addition, if you prefer, you can take out your own insurance.

In the event of loss or breakage of objects contained or not in the boxes, or of any claim with the Service, Boxmotions has a complaint procedure that begins through the email address bonjour@boxmotions.com. Initiated this communication, the company will work together with you to gather the necessary information about the referred damage or loss.

Boxmotions will not be responsible for failures in its Service resulting from events beyond our control or caused by third party actions. These actions are included but not limited to the following list:

  • Unforeseen in the operation of the terrestrial communications network that does not allow our team to arrive when it is due.

  • Unforeseen mechanics that do not allow our team to arrive when it is due.

  • Deliveries denied (incorrect shipping details or non-acceptance of packages).

Boxmotions does not guarantee the functioning of the Internet network. The service may not be available or limited at any time and for any reason beyond the Company's control, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. Boxmotions is not responsible for data, messages or pages lost or not saved due to performance problems by the Internet service.

In addition to the above, and to the extent permitted by law and except as provided in these cases in these General Conditions, in no case Boxmotions will be liable for personal, accidental, special, direct or indirect damages, including, without limitation, damages for loss of benefits, loss or non-employment, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the Platform, regardless of the cause, independently of the theory of responsibility (contractual or extra-contractual or of any other) and even if the Client has been advised of the possibility of such damages.

The Company may include links to other websites on the site with the intention of facilitating access to relevant information available on the internet. The Company is not responsible for the contents of the links between this site and others that are not managed by it. Such links or references have a purely informative purpose and in no way imply an award, approval or commercial relationship of any kind between the company and those who run or own those other websites.

DELAY INTEREST

Non-payment by the Client of any of the instalments will generate late payment interest at the current legal interest rate.

INTELLECTUAL PROPERTY

The contents related to the Boxmotions brand, domains, logos, drawings or documentation, including, software, computer programs, or any element that may be protected by Intellectual or Industrial Property legislation, that may be of access to Clients are owned by Boxmotions and all rights to use them are expressly reserved.

You may use this material only in the manner expressly authorized by Boxmotions.

Any improper use of the service or breach of the obligations by the Client may result, at the discretion of Boxmotions, in the cancellation of the Client's account, or suspension of the service until the incident is resolved, if applicable.

Likewise, the Client undertakes not to withdraw, delete, alter, manipulate or in any way modify:

  • Those notes, legends, indications or symbols that either Boxmotions or the legitimate rights holders incorporate to their properties in the field of Intellectual or Industrial Property (such as copyright, ©, ® and ™, etc.).

  • The technical protection or identification devices owned by Boxmotions (such as watermarks, fingerprints, etc.).

The Client acknowledges that under these General Conditions, Boxmotions does not assign or transfer to the Client any rights over its Intellectual and / or Industrial Property titles, or over any third party properties. Boxmotions only authorizes the Client to access and use them in accordance with the terms indicated in these terms and conditions.

The Client is not authorized to copy, distribute (including emails and Internet), transmit, communicate, modify, alter, transform, assign or, in any other way, display activities that involve the commercial use of Intellectual Property rights and/or Intellectual, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.

The access and use of the Platform will be always and in any case for strictly personal and non-commercial purposes.

Boxmotions reserves all Industrial and / or Intellectual Property rights that apply to it.

Boxmotions does not grant any other license or authorization of use to the Client on its Property other than that expressly detailed in this clause.

Boxmotions reserves the right to resolve or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding this, Boxmotions may take legal action against any use by the Client that:

  • Do not comply with the General Conditions specified here;

  • Infringe or violate the rights of Intellectual and Industrial Property or other analogues of the Company or any other legitimate third-party owner; or violate any applicable regulations.

INDEPENDENCE OF THE CLAUSES

If any of the clauses of these General Conditions were void of full right or voidable, it will be considered as not put. Such declaration of nullity will not invalidate the rest of the Contract, which will remain valid and effective between the Parties.

APPLICABLE LEGISLATION

In the event that any conflict or discrepancy arises in the interpretation and / or application of the General Conditions, the competent Courts shall be those established by the applicable legal regulations in matters of jurisdiction.

MODIFICATION OF TERMS AND CONDITIONS

Boxmotions reserves the right to modify this document of the General Conditions at any time. In case of making any changes to the Conditions, these will be published on the Platform and the date of publication will be indicated, so that the Client knows the date on which said modification has been made effective. In any case, you will receive a notification via electronic means about the update of the Boxmotions Terms of Use prior to its publication on the Platform.

In any case, the changes that entail an update of the rates will not be applied to the clients that have contracted the Service prior to said modification, the initially contracted rates will apply.

Publication date: August 5, 2019