Terms and Conditions for My Storage B.V. website

1. DEFINITIONS

Consumer: The natural person who does not act in the exercise of profession or business and enters into a (distance) contract with My Storage;

My Storage: My Storage B.V., the user of these General Terms and Conditions, having its statutory seat at Wierdsmaplein 40, 3072 ML Rotterdam, the Netherlands registered in the Trade Register under COC No. 69294283, telephone number +31 (0) 858 227 395, email address: office@mystorageshop.nl.;

Personal Details: The details provided by the User that are traceable to his or her person, including name/address/city of residence details and e-mail address;

Purchaser: The one who purchases or plans to purchase a Product;

Product(s): all goods to be delivered by My Storage to the Purchaser within the framework of the agreement.

Registration: The registration of User on the Website through filling in completely the registration form found on the Website;

Terms and Conditions: These general terms and conditions;

User: The one who has registered on or visit the Website;

Website: The website www.mystorageshop.nl, which is maintained by My Storage B.V., with its registered seat in Rotterdam;

2. APPLICABILITY

2.1          These Terms and Conditions apply to every offer from My Storage and to every (distance) contract/agreement and orders between My Storage and Purchaser and every user’s agreement between My Storage and User.  In addition, the Privacy Statement of My Storage as shown on its Website applies. The User is supposed to review the latest amendments of the Privacy Statement when visiting the Website.

2.2          Before a contract is concluded, the text of these Terms and Conditions will be made available to Purchaser. If this is not reasonably possible, before the contract is concluded, it will be indicated that the Terms and Conditions can be viewed and they will be sent free of charge as soon as possible at the request of Purchaser.

2.3          If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available electronically in such a way that they can be reasonably accessed and be stored on a durable data carrier. If this is not reasonably possible, before the contract is concluded, it will be indicated where the Terms and conditions can be consulted electronically and that at the request of the Consumer they will be sent free of charge by electronic means or otherwise.

2.4          The applicability of other terms and conditions other than these Terms and Conditions is excluded.

2.5          Situations that are not regulated in these Terms and Conditions must be assessed ‘in the spirit’ of these Terms and Conditions.

2.6          Lack of clarity about the explanation or content of one or more provisions of these Terms and conditions, should be explained ‘in the spirit’ of these Terms and Conditions.

3. USE OF THE WEBSITE AND USER’S AGREEMENT

3.1          The User’s Agreement arises through Registration on the Website and places the User in the position to access the order status and history, among other things. The User’s Agreement cannot be transferred to another party. In the Registration the User provides his personal details to My Storage and chooses his own password for access to the Website.

3.2          User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other users of the Website. The User is liable for all actions that occur on the Website after he has gained access.

3.3          The User guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the Personal Details change at any time, the User is obligated to inform My Storage of this change.

3.4          My Storage reserves the right to refuse and/or terminate the right to Registration unilaterally.

3.5          My Storage enters the Personal Details acquired by it into administrative records kept for that purpose. Through Registration on the Website, the User gives permission for the use and filing of the Personal Details registered.

3.6          The User is forbidden to duplicate the Website or any part thereof or to make it available (via deep links or in any other way) without prior written permission from My Storage.

3.7          Through Registration, the User accepts the Terms and Conditions for the User for every time that the User logs on or uses the Website, regardless of whether he makes any purchases.

4. OFFER

4.1          If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

4.2          The offer is without obligation. MyStorage is entitled to change and adjust the offer.

4.3          My Storage strives for all possible accuracy and clarity in the description of a Product on the Website, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.

4.4          All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.

4.5          Images with Products are a true reflection of the Products offered. My Storage can not guarantee that the displayed colors exactly match the real colors of the Products.

4.6          All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, My Storage is not obliged to deliver the Product at the wrong price.

5. THE CONTRACT

5.1          The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the Purchaser of the offer and the fulfillment of the corresponding conditions.

5.2          If the Purchaser has accepted the offer electronically, the My Storage will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by My Storage, the Purchaser can dissolve the agreement.

5.3          Each agreement is entered into under the suspensive conditions of sufficient availability of the Products concerned.

5.4          When the Consumer wishes to make use of his right of withdrawal he or she is obliged to make this known to My Storage within 14 days after receipt of the Product. After the Consumer has made it known that he wishes to make use of his right of withdrawal, the Consumer must return the Product within 14 days in the original condition and packaging. The Consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

5.5          If the Consumer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraph 5.4. or the Product has not been returned to My Storage, the purchase is a fact.

5.6          My Storage can exclude the right of withdrawal of the Consumer for Products which have been created or adjusted by My Storage in accordance with the Consumer’s specifications.

6. SECURITY

6.1          My Storage strives, in accordance with the requirements of reasonableness, to secure its systems against loss of Personal Details and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, the costs of implementation and purposes of processing.

6.2          However, My Storage is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programs or files or any other consequence of the use that is made of the Website.

6.3          The Website can contain links to other websites. My Storage has no authority over such sites and is not liable for the content of those sites.

7. LIABILITY

7.1          The liability of My Storage, if and insofar as the other remaining stipulations of the Terms and Conditions will still be limited to the amount to which the liability insurance of My Storage accords My Storage in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the agreement between My Storage and Purchaser. This limitation does not apply in the event of deliberate or gross negligence by My Storage. My Storage’s liability that remains after application of the other stipulations in these Terms and Conditions shall always be limited to the amount that can be claimed from My Storage’s liability insurance in the relevant case. In the event that the liability insurance of My Storage does not cover the event the liability of My Storage will be limited to € 5.000,-.

7.2          My Storage is not liable for indirect or consequential loss. Further, all liability of My Storage in connection with any defect in the Product(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.

7.3          In consulting with third parties, My Storage will take the necessary caution into consideration. When relevant, My Storage will prepare a Data Processing Agreement with these third parties. My Storage is not liable for possible shortcomings of these third parties.

7.4          My Storage denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by My Storage. More particularly, My Storage accepts no liability for any damage whatsoever that arises in any way by or from:

 

  • Actions performed by the User that may have been inspired by the information placed on the Website;
  • The impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system;
  • The Products not meeting the specifications as reported on the Website;
  • The fact that the information on the Website is incorrect, incomplete or out of date;
  • Errors in the software of the Website and/or the supporting system;

The unlawful use of systems, including the Website of My Storage, by a third party.

8. CONFORMITY AND GUARANTEE

8.1          My Storage guarantees that the Products comply with the agreement, the specifications stated in the offer, the reasonable requirements or usability and the legal provisions existing on the date of the conclusion of the agreement.

8.2          Any defects or incorrectly delivered Products must be reported to My Storage in writing within 4 weeks after delivery. Return of the Products must be in the original packaging and condition.

9. DELIVERY

9.1          My Storage will take the greatest possible care when receiving and implementing orders for Products.

9.2          The place of delivery is the address that the Purchaser has made known to My Storage.

9.3          If the delivery is delayed, or if an order can not or only partially be executed, the Purchaser will receive notification of this no later than 30 days after he or she has placed the order. In that case, the Purchaser has the right to terminate the contract without any costs. The Purchaser is not entitled to compensation.

9.4          All delivery terms are indicative.

9.5          The risk of damage and / or loss of Products rests with My Storage until the moment of delivery to Purchaser unless expressly agreed otherwise.

10. PAYMENT

10.1        Payments must take place in a method approved by My Storage.

10.2        Unless otherwise agreed, the amounts owed by the Purchaser must be paid within 7 working days after Purchaser has received the confirmation of the agreement.

10.3        The Purchaser has the duty to report inaccuracies in provided or stated payment details to My Storage without delay.

10.4        In case advance payment is agreed, My Storage is not required to execute the agreement sooner than after Purchaser has settled the amounts due to My Storage on the basis of the agreement.

10.5        If timely payment is not effected, Purchaser shall be in default automatically. Purchaser is required to pay the statutory interest rate applicable at that time on the outstanding amount, from the day Purchaser is in default.

10.6        All reasonable costs made for obtaining the amounts due by Purchaser, such as in-court, extra-judicial and execution costs, are for Purchaser’s account, all in accordance with Dutch Law on Collection fees.

11. RETURN AND REFUND

11.1        We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 14 calendar days of your purchase.

11.2        We will refund the money using the same payment method as the one you have used to purchase.

11.3        You may return the products by yourself or in case you consider our pick-back service, this is available for a €50 flat rate.

12. ADJUSTMENTS AND EFFECT

12.1        Annulment or invalidity of one or more of the stipulations of these General Terms and Conditions is without prejudice to the validity of the other stipulations. My Storage will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.

12.2        Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing by an authorized representative of My Storage.

12.3        My Storage reserves the right to amend these General Terms and Conditions for the User. Minor amendments can be made at any time. Substantial modifications will be clearly communicated to the User and will create a right for Purchaser to reject the modification or dissolve the agreement on the basis of such modification. Dissolution of the agreement on the grounds of the modified general terms and conditions is only possible if the modification is unreasonably onerous or if the contents of the agreement change substantially, leading to the conclusion that purchaser would not have concluded the agreement, had they been aware of this modification.

13. FORCE MAJEURE

13.1        My Storage is not required to fulfil any obligations from the agreement if and for as long as it will be hindered thereto by a circumstance that cannot be imputed to it on the basis of the law, a legal act or current views in civil society.

13.2        Parties are authorised to dissolve the agreement with immediate effect if a force majeure event makes it permanently impossible to fulfil the obligations of the agreement.

13.3        If My Storage at the emergence of a force majeure event has already partially fulfilled its obligations, or can only partially fulfil its obligations, it will be authorised to invoice the part already executed, respectively executable part of the agreement separately, as if it were an autonomous agreement.

13.4        Damages resulting from a force majeure event are, notwithstanding the previous section, never eligible for compensation.

14. APPLICABLE LAW

14.1       Dutch law is applicable to these Terms and Conditions

14.2        The English text of the Terms and Conditions is the original text. In the event that the Terms and Conditions are used in several languages, the English text will therefore be given preference in case of lack of clarity or contradictions.

14.3        The District Court Amsterdam is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the Terms and Conditions, to the exclusion of every other instance.

Do you have any questions about the Terms and Conditions for My Storage? Please contact us via office@mystorageshop.nl.