GENERAL TERMS AND CONDITIONS OF USE APPLICABLE TO ALL USERS AND TRANSACTIONS

The present notice is established in compliance with French law and in particular the provisions of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy as well as the law 78-17 of 6 January 1978 by law n ° 2004-801 of August 6, 2004 Computing and Liberties. In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the Customer is informed that he can submit any possible dispute to the consumer mediator (www.cmap.fr).

Storage Pal operates a Site and a Platform under the domain name www.StoragePal.fr, processes and partners which make it possible to pool the available storage and transport resources.

By accessing the Site, the consultant, using or providing services through the Storage Pal, all Users, physical persons or companies, declare having read this and accept without reservation the terms and conditions. If this is not the case, the User must not use the Site, the Storage Pal Services, or provide or use the underlying Services.

The present General Conditions of Services and Use ( the “General Conditions” or the “CGSU”) constitute the contract which binds any User with Storage Pal and is binding as directly applicable in the relations of the Parties and between the Users at title of any Service based on a connection made by Storage Pal.

 

1. Purpose and definitions
1.1. The present terms Terms are applicable to any Services Agreement concluded between firstly the SOCIETY Storage Pal SAS SIREN 839 540 671 RCS Paris 14.05.2018, SIRET 83954067100014 TVA intra FR50839540671, NAF code 6203Z IT Service Delivery related to warehousing and transport of goods, hereinafter referred to as “Storage Pal”, and also the user of all products and services offered by Storage Pal, hereinafter denominated “the Customer”.
1.2. The services offered are called hereinafter “the Contract”. All stored goods are called “Goods”, “Articles”, or “Objects” .
1.3. The specific conditions are explained in the order confirmation .
2. Prices and Fees
2.1. The amounts of the fees and costs referenced herein are available on the Storage Pal website.
3. Offers and promotions
3.1. Unless otherwise indicated or blocked, offers and promotions are cumulative.
3.2. The benefits of Storage Pal offers and promotions must be linked to the actual purchase, rather than actions or clicks.
3.3. The minimum storage period does not prevent Customers from removing items at any time but they must first pay for the minimum remaining storage period.
3.4. The minimum quantity of objects does not prevent Customers from removing objects at any time, but they must first pay the minimum remaining storage period for any object removed before the minimum period ends.
3.5. Only new Customers can be sponsored. Regular Customers will not be considered as sponsored. Sponsors cannot sponsor themselves.
3.6. The discount on existing invoices only applies to traditional self-storage contracts in the eyes of Storage Pal, and requires a discount code issued by Storage Pal upon approval.
3.7. The Customer declares that he accepts that Storage Pal has the right to invalidate the benefits of any offer and promotion for a suspicious order.
3.8. Orders made by abusive or fraudulent means will be invalidated and Customers will no longer be able to benefit from advantages.
4. User
4.1. User area
4.1.1. The User must register on the Storage Pal website. Storage Pal validates the registration and transmits to the User a username and password, which can be changed at any time, and it is recommended to change it regularly.
4.2. Registration automatically opens an account giving access to a Personal Space which allows you to manage the use of the Services
4.3. The User acknowledges having read the characteristics and constraints, in particular technical, of all the Services on the website. The User is solely responsible for his use of the Services.
4.4. The User must take the necessary measures to save by his own means the information from his Personal Space which he deems necessary, of which no copy will be provided.
4.5. The User acknowledges and accepts his full responsibility for the acts of any third party having access to his account or using his access code, it being understood that these third parties will be deemed to be “the Customer”.
4.6. The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
4.7. The User guarantees against any complaints, claims, actions and / or any claims that Storage Pal may suffer as a result of the violation by any User of any of its obligations or guarantees under these General Conditions.
4.8. The User undertakes to indemnify Storage Pal for any damage it would suffer and to pay it all costs, charges and / or convictions that it may have to bear as a result.
4.9. It is strictly prohibited to use the Storage Pal website or Services for the following purposes:
4.9.1. the exercise of illegal, fraudulent activities or activities which infringe the rights or security of third parties, breaches of public order or violation of the laws and regulations in force, intrusion into the computer system or any activity of likely to harm, control, interfere, or intercept all or part of a third party computer system, violate its integrity or security, and more generally any practice diverting the Services for purposes other than those for which they were designed .
4.10. It is strictly forbidden for users to copy and / or divert their goals or those of third parties, technology or any other element on the website of Storage Pal.
4.11. The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Storage Pal systems, (iii) any diversion of system resources from the website, (iv) all actions likely to impose a disproportionate burden on the latter’s infrastructure, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and interests financial, commercial or moral of Storage Pal or the users of its website, and more generally (vii) any breach of these General Conditions.
4.12. It is strictly forbidden to monetise, sell or grant all or part of the access to the website or the Services, as well as to the information which is hosted and / or shared there.
4.13. Penalties for breaches
4.13.1. In the event of a breach of any of the provisions of these General Conditions or more generally, of violation of the laws and regulations in force by a User, Storage Pal reserves the right to take any appropriate measure and in particular to:
4.13.1.1. suspend, delete or prevent access to the Services of the User, author of the breach or offense, or having participated in it,
4.13.1.2. delete any content posted on the website,
4.13.1.3. publish on the website any information message that Storage Pal deems useful,
4.13.1.4. notify any relevant authority,
4.13.1.5. initiate any legal action.
4.14. In the event of any User failing to fulfil an essential obligation arising from these General Conditions, Storage Pal reserves the right to terminate its access to all or part of the website, fifteen (15) days after receipt by the User of a formal notice remained ineffective, sent by registered letter with acknowledgment of receipt, stating the intention to apply this clause, without prejudice to any damages which may be claimed from the User. It automatically leads to the deletion of the User Account, without prejudice to any other consequences that may arise from the application of these General Conditions.
4.15. Storage Pal agrees to carry out regular checks to verify the functioning and accessibility of the website. As such, Storage Pal reserves the right to temporarily suspend access to the website for maintenance reasons. Likewise, Storage Pal cannot be held responsible for temporary difficulties or impossibilities of access to the website which arise from circumstances external to it, force majeure, or which are due to disturbances in telecommunications networks.
4.16. Storage Pal does not guarantee the User (i) that the Services, subject to constant research to improve performance and progress in particular, will be completely free from errors, defects or defects, (ii) that the Services, being standard and in no way offered to the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
4.17. In any event, the liability likely to be incurred by Storage Pal under these terms is expressly limited to only proven direct damage suffered by the User.
5. Intellectual property
5.1. Systems, software, structures, infrastructure, databases and content of any kind (text, images, video, music, logos, trademarks, database, etc …) operated by Storage Pal within the website and that the website itself, are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorisation of Storage Pal are strictly prohibited and may be subject to legal proceedings.
Reservation
6.1. The Customer must reserve the services offered by Storage Pal on the Storage Pal website.
6.2. The Customer undertakes to be present at the places, dates and times reserved for Transport or for Storage, and to provide all information and means useful for this purpose to Transporters and Warehouse Owners.
6.3. The Customer can book Storage without Transport or Transport without storage.
6.4. The reservation must include an exhaustive list of the Objects concerned. Neither the Carrier nor the Warehouse Agent has the obligation to accept an Object which is not included in the reservation.
6.5. Modification or cancellation of reservation
6.5.1. The Customer can modify or cancel a reservation free of charge before the deadline.
6.5.2. Any modification or cancellation must be confirmed by Storage Pal to the Customer in writing.
6.5.3. If the Customer cancels the reservation after the deadline, he is liable to Storage Pal for cancellation compensation.
6.5.4. If Storage Pal cancels the reservation, Storage Pal undertakes to make its best efforts to present the Customer with a new storage location or a new Transport date.
Transportation
7.1. Storage Pal offers Service of Transport by third party carriers under a contract of Services Prestation.
7.2. Storage Pal puts its Customers in contact with third-party carriers with professional capacity, natural or legal persons, exercising the profession of provider of public road transport of goods, in accordance with the regulations applicable to this profession, which they recognise and guarantee to Storage Pal.
7.3. The present Agreement shall in no circumstances be analysed or assimilated into a Transport order by Storage Pal for the Customer, Storage Pal having no bond or status as Transport Commissioner, and no duties agent :
7.3.1. The Customer expressly instructs Storage Pal to issue, in its name and on the account of the Carrier, an invoice corresponding to the price of the Transport.
7.3.2. The Customer expressly acknowledges and accepts that the conditions of compensation for loss and damage to Objects are determined exclusively between the Customer and the Carrier and the Warehouse Agent. Storage Pal cannot be held responsible in this area.
7.4. The transport includes the loading of the Objects at the loading address indicated by the Customer, their transport and their unloading at the unloading address indicated by the Customer.
7.5. The Customer accepts that all indications relating to the price of transport of his Goods are estimated. Any difference between the actual transport price and that indicated in the Contract will give the right to a price adjustment by Storage Pal.
7.6. The Customer shall indicate all necessary information and constraints on access between objects and the street to the realisation of Transport including the floor, the presence of lift, and access conditions (codes access, staircase number, passage, corridor or narrow staircase, small steps, etc.), and if an Object requires specific care during the completion of the Transport due to its value, its fragility or any other characteristic.
7.7. The Customer must ensure free access to the Objects for the Carrier to collect or return the objects without obstruction. Any difficulty arising from blocked access will be invoiced at the current rate.
8. Packaging
8.1. The Customer must pack and prepare the Objects under the security conditions necessary for their transport and storage, according to their characteristics.
8.2. The maximum weight and dimensions of the Objects are listed in the Fee Table on the website.
9. Refusal of Objects
9.1. The Customer accepts that the Carrier or the Warehouse Manager reserves the right not to accept the Objects, without the Customer being able to claim any compensation:
9.1.1. in the event of inaccurate information on the characteristics of the Objects, in particular the nature, weight, dimensions and total number of Objects .
9.1.2. if the conditions of Transport or Storage entail too great a risk for the safety and condition of the Objects.
9.1.3. If it turns out that the Objects presented for Transport or Storage do not comply with the Customer’s reservation, the Transporter or the Warehouse Manager notifies Storage Pal, and offers, if necessary, a new price. If the Customer does not accept this new price, the Transport or storage is cancelled, without the Customer being able to claim any compensation and the Customer being liable to the Carrier or the Warehouse Agent for a compensation for cancellation
10. Provision of Objects
10.1. The Customer must ensure that the Objects are packed in accordance with the present and made available to the Carrier or the Warehouse Manager.
11. Storage
11.1. Storage Pal offers a storage service for goods in Warehouses that provide storage and handling services. Storage Pal is neither the owner, the tenant nor the manager of the storage warehouse.
11.2. The present Agreement may in no circumstances be analysed or assimilated into a deposit contract, Storage Pal having no custodial bond nor duties of custody, conservation or maintenance, or monitoring and therefore restitution of the goods stored.
11.3. The Customer acknowledges that his goods are stored under his responsibility, at his risk and peril and at its sole expense, being also specified that the Customer remains sole guardian of such property within the meaning of Article 1384 of the Code Civil .
11.4. The contract can not be equated with a contract hire because of the services provided by Storage Pal and his subcontractors including the control of access, the remote monitoring, handling services, the receipt of goods … .
11.5. The eviction procedure provided for by Law No. 91-650 of July 9, 1991 and by Decree No. 52-755 of July 31, 1992 cannot be applied in the case of residential premises.
11.6. The measures of execution must be carried out on the basis of the contractual provisions of the said Contract and of the provisions relating to the seizure and sale of movable objects (articles 50 to 55, article 14 paragraph 4 of the Law of July 9, 1991 and article 40 of the Decree of July 31, 1992).
11.7. The conditions of this Contract exclude the application of articles L145.1 of the Commercial Code and following on commercial leases.
12. Occupation and use
12.1. Storage Pal grants the Customer the right to store in accordance with the contractual conditions, for the sole purpose of storing authorised Goods. The Customer cannot store for other purposes.
12.2. The Customer expressly acknowledges and accepts that nothing in the Contract can be interpreted as creating any property right or other right in the storage place. Storage Pal cannot under any circumstances be qualified as a depositary, or custodian of both the place and the Goods.
12.3. For the confirmation of an order the Customer warrants that it is the only holder of Property or other title on the Goods and accepts any responsibility for these Goods. The Customer guarantees and undertakes to indemnify Storage Pal from any claim, all costs, and from any action or recourse by third parties, as a result of these Goods, including any dispute concerning the ownership or possession of these Goods.
12.4. The Customer will take care to use the storage place in accordance with the authorised use and the Contract.
12.5. The Customer is not authorised to abandon any Property, except to bear a fine for the costs of storage.
12.6. The deposit of the Goods by the Customer must be at the place designated by the Warehouse Manager. Failure to comply with this rule will result in a fine which will be invoiced on the Customer’s account.
12.7. The Customer confirms that he accepts the storage location and that this location complies with the regulatory and contractual use that he envisages. The Customer expressly accepts the level and the measures of security and safety. Storage Pal will not be held liable for any warranty or liability with regard to occupancy and regulatory and contractual use, as well as expectations in matters of security and safety.
12.8. The Customer accepts that all indications relating to the size, volume or surface of the storage offered by Storage Pal for its Goods are estimated. Any difference between the actual size of storage and the estimated volume or surface gives Storage Pal the right to adjust the price.
12.9. The Customer undertakes to comply with these contractual provisions, as well as with all local and national laws and regulations, and other instructions from the administrative authorities, as well as with the rules laid down by the insurers where applicable .
12.10. The Customer is required to use the storage location so as not to cause or risk causing any damage to the environment or any other disturbance to other users (for example noise, dust, odour, leaks), and is required to take the necessary measures to avoid such environmental damage or nuisance.
12.11. The Customer is not authorised :
12.11.1. to use the storage space as a workplace, office or other
12.11.2. to establish the social headquarters or institution in the place of storage
12.11.3. to use the storage space for the purpose of activities illegal, criminal, immoral or tax fraud.
13. Prohibited items
13.1. The Customer is strictly prohibited from storing the following goods (this list is not exhaustive):
13.1.1. jewellery, furs, art objects, coin collections or irreplaceable objects, objects with an emotional value or special value,
13.1.2. gold, silver or other precious metals, liquid securities, stocks or shares,
13.1.3. any object emitting smoke or odour,
13.1.4. birds, fish, animals or any other dead or alive animals,
13.1.5. waste (including waste and animal substances, toxic and / or dangerous) food and other commodities perishable (subject to rot) unless they are properly packed in order to be protected and not to attract pests and to prevent damage or other form of nuisance,
13.1.6. fire arms, explosives, weapons and ammunition,
13.1.7. any illegal substance such as drugs, illegal or illegally obtained objects such as stolen or contraband, etc.
13.1.8. Chemical, radioactive, or biological products or materials
13.1.9. asbestos and / or treated asbestos,
13.1.10. (artificial) fertilisers,
13.1.11. gas cylinders or any other compressed gas and / or batteries,
13.1.12. fireworks,
13.1.13. combustible or flammable products and liquids including diesel and gasoline,
13.1.14. all other toxic, flammable or dangerous substances or preparations, and classified or defined as such by the laws and regulations in force, such as:
13.1.14.1. substances and preparations explosive like all aerosol bombs including deodorant, hair spray, car paint, varnish and windshield defroster; vaporisers and gases (liquids) such as LPG, hydrogen, acetylene, propane and butane;
13.1.14.2. the oxidising substances and preparations such as hydrogen and other peroxides, chlorates, saltpetre and strong perchloric acids ;
13.1.14.3. substances and preparations (highly) flammable such as petroleum, benzene, alcohol burn or alcohol methyl, turpentine, white spirit, acetone, paint, windshield defroster, deodorant, adhesive neoprene ;
13.1.14.4. (highly) toxic substances and preparations such as methyl alcohol, stain removers, pesticides;
13.1.14.5. harmful substances and preparations such as cleaning preparations, paint thinners, wood preservatives, paint stain removers ;
13.1.14.6. substances and caustic preparations such as unblocking pipes, descaling products, caustic soda, strong acids, caustic products such as oven and toilet cleaners;
13.1.14.7. irritant substances and preparations;
13.1.14.8. sensitising substances and preparations;
13.1.14.9. carcinogenic substances and preparations;
13.1.14.10. mutagenic substances and preparations;
13.1.14.11. toxic substances and preparations for reproduction;
13.1.14.12. environmentally hazardous substances and preparations such as CFCs, PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;
13.1.14.13. pesticides and herbicides.
13.1.15. The most toxic, flammable or dangerous substances can be recognised because they are identified by the symbols below:
13.1.15.1. Explosive / risk of explosion
13.1.15.2. Oxidant – promotes the ignition of another toxic product, dangerous product that can be fatal.
13.1.15.3. Xn / Xi Harmful / irritant, harmful or irritant (including genetically harmful substances).
13.1.15.4. Caustic / corrosive, affects the skin or materials Dangerous for the environment.
13.1.15.5. Flammable, flammable product.
13.2. In the event of non-compliance by the Customer, the Customer must compensate Storage Pal for any damage that may result therefrom, and the Customer will be liable to criminal prosecution. Storage Pal may proceed to any control or verification of goods and their compliance with the present contractual conditions.
13.3. In the event the Customer is suspected of using the storage place in violation of the Agreement, Storage Pal reserves the right to notify the authorities competent, and permit their access to the Property for verification purposes, and at Customer’s sole expense. Storage Pal may then, without being obliged to do so, notify the Customer.
14. Duration of Contract
14.1. A default of otherwise stipulated conditions specific, the contract is concluded for a minimum initial storage period of 1 month. After this initial period, the contract will be renewed automatically, at the terms in vigour at the renewal date, and storage will continue for another period of 1 month. The Contract may be terminated at any time by either party upon notice in writing.
15. Billing and late payment
15.1. All storage costs and fees will be billed monthly including VAT (if applicable).
15.2. Storage Pal reserves the right to periodically review the amount of the fees and other costs.
15.3. The Customer undertakes to pay the monthly fee and other costs in advance as soon as the period to which it corresponds has started .
15.4. The Customer acknowledges and expressly accepts that in the event of modification or cancellation of his fact of the Contract before the scheduled expiry of the Services concerned, he will be liable for cancellation costs.
15.5. Storage Pal has the option to proceed to the billing of monthly fees either on paper or in digital format. In addition, and for all practical purposes, the Customer accepts email form as a sufficient and adequate method of communication between him and Storage Pal.
15.6. In the absence of payment of the entire bill when due, Storage Pal may refuse the Customer access to its Goods, until full payment of the balance due. Storage Pal may also charge an administrative fee for reminders.
15.7. In the absence of payment of the fee due 30 days after its due date , Storage Pal will have the following additional rights:
15.7.1. to move the Goods from the storage place to any other alternative location that Storage Pal may decide, without incurring liability due to the losses that may result from this movement,
15.7.2. to invoice the Customer for all of the costs incurred by moving the Goods from the storage location, the costs of storing these goods at any other location and all costs incurred as a result of new movements of the Goods if necessary,
15.7.3. to return the Goods to the Customer and to invoice the full cost of the return of the Goods to the Customer,
15.7.4. to terminate the Contract and to invoice at the same time a monthly occupancy compensation for an amount equal to the monthly storage fee,
15.7.5. to consider the goods left in the storage place as abandoned goods and as such dispose of them freely.
15.7.6. The proceeds of any sale made may be retained by Storage Pal and applied to the payment of all expenses incurred by Storage Pal in the exercise of rights arising from this Contract, and any amount due Storage Pal under the Contract. The possible balance will be refunded to the Customer (or to the Curator in the context of a Customer bankruptcy); if the Customer can not be located, the proceeds will be retained by Storage Pal on behalf of the Customer. The present clause does not prevent a full recovery of proceeds available by Storage Pal for payment of storage charges and any other amount due to Storage Pal should Storage Pal choose or not to exercise any or all of the rights mentioned above.
15.7.7. The Customer expressly accepts that the Stored Goods may constitute a payment guarantee for Storage Pal of the fees, costs and other sums due to Storage Pal, and reason for which the access to the Goods may be refused to the Customer until full payment of the sums due. Customer agrees this warranty may result in loss of ownership of the Goods left in the storage location.
16. Security Measures
16.1. Access to storage location
16.1.1. Customers can deposit or collect their Goods at the storage location at the location designated by the warehouse manager, such access must be reserved with Storage Pal each time the Customer wishes to access the storage location.
16.1.2. The access reservation is conditional on the identification of each object to be deposited, retrieved or consulted.
16.1.3. If the Customer wishes to give access to the storage location to a third party, the Customer must obtain the written agreement of Storage Pal. The Customer is responsible for third parties / vehicles that present themselves on their behalf when accessing the storage location.
16.1.4. Storage Pal does not allow Customers to access the storage area of ​​the storage location. The Customer is only authorised to access the reception area indicated by the Warehouse Manager.
16.1.5. Unless otherwise provided, the Customer can access the storage location during the opening hours and days of the storage location. Access outside of these hours is not allowed.
16.1.6. When Storage Pal and Customer agree that the goods in storage must be accessible outside opening hours, Storage Pal will charge a monthly fee for this service.
16.1.7. Storage Pal is not responsible for temporary technical malfunctions, snow, obstruction, etc …, preventing the entry and exit of the storage place.
16.1.8. The Customer must comply with all safety instructions at the storage site, including the speed limit for motor vehicles and the instructions of the warehouse manager.
16.1.9. The Customer will take care not to store Goods for a weight greater than the authorised weight.
16.1.9.1. The Customer is required to inquire with the personnel of the storage location of the weight limit and to comply with it.
16.1.10. The Goods must be correctly arranged in the place and on the support indicated by the Warehouse Manager.
16.1.11. Storage Pal cannot be held responsible for any injury or damage caused by the Goods or to the Goods.
16.1.12. Neither Storage Pal nor the Warehouse Manager has an obligation to receive Goods for a Customer if they believe that the Objects do not comply with these general conditions.
17. Storage location and availability
17.1. By the date of Deposit or Collection, the storage location offered by Storage Pal is accepted by the Customer.
17.2. Storage Pal may at any time, at no additional cost to the Customer, move the Objects to a different storage location, without prior consent of the Customer.
17.3. If the storage location is not available on the day scheduled for Deposit or Collection, Storage Pal will either:
17.3.1. provide the Customer with another storage location suitable for the Customer’s Goods.
17.3.2. terminate the Agreement.
17.4. The Customer will also have the possibility to terminate the contract, against payment of fees and charges already paid. Storage Pal is not responsible for any damages that may result from the delay in availability.
17.5. The Customer shall in no way be entitled, in any exclusivity, of any right of property or occupation of the storage place.
17.6. Storage Pal may at any time ask the Customer to move or collect its Goods in another storage place than where the goods were originally deposited or collected.
18. Prohibition of subletting and assignment
18.1. The Customer may not sublet or share the storage space in whole or in part.
18.2. The Contract is concluded personally and the Customer may not assign it to a third party without having obtained the prior written consent of Storage Pal. The right to occupy the storage space is reserved exclusively for the Customer.
18.3. Storage Pal has the right to transfer its rights and obligations under an agreement to any other company within the Storage Pal Group without the prior consent of the Customer.
19. Liability and exclusion
19.1. The storage of Goods in the storage location is and remains in all circumstances at the sole risk of the Customer. Under no circumstances can Storage Pal be held responsible for damage caused to the Goods, property, or financial or operating losses of the Customer.
19.2. Storage Pal makes no warranty to the Customer as to the surveillance of the storage location or the storage location or regarding the security of the storage location.
19.3. Storage Pal will not take any steps to verify the Goods, to check that the Goods are suitable for storage in the storage location, or to ensure that the Goods comply with current regulations and contractual conditions. Storage Pal cannot be held responsible for loss and damage suffered by the Customer due to improper, dangerous or illegal storage.
19.4. Storage Pal will authorise, without necessarily notifying the Customer, or verifying the regularity of the control, access and control of the storage place in the event of a request from the Police, Firemen, Gendarmerie, Customs, on presentation of a decision of justice or any other administrative authority. Storage Pal cannot be held responsible for the consequences of such control, in particular in the event of damage to the Goods and / or to the place of storage and other installations. The Customer remains responsible to respect Storage Pal for any damage that may suffer Storage Pal because of these checks and inspections.
19.5. The Customer must indemnify and guarantee Storage Pal for all costs, claims, responsibilities, damages and other costs that Storage Pal would bear or incur as a result of the use and occupation of the storage place by the Customer. The Customer will also guarantee without limitation Storage Pal from any claim or action by third parties or any authority due to its occupancy of the storage place.
19.6. Storage Pal will not be liable for any indirect loss or damage such as: failure of negotiation, business interruption, loss of opportunity or reputation, or damage resulting from activities carried out by other Customers or the obstacle by third parties to the proper use of the storage location.
20. Insurance obligation
20.1. The Customer agrees and accepts that, taking into account
20.1.1. the guarantee by Storage Pal of the value of goods up to the level chosen by the Customer,
20.1.2. the fact that Storage Pal does not have to check the use the Customer makes of the storage,
20.1.3. the fact that Storage Pal does not have the means to assess the risks of the Customer
20.1.4. the fact that significant difference may exist between the fees and charges paid by the Customer and damage it may suffer, that the exclusions and liability limitations provided above are fair and reasonable.
20.2. The Customer will be required to take out and maintain, throughout the duration of the Contract, with an insurance company known to be solvent, an insurance policy guaranteeing the Goods against all insurable risks. A defect, damage or loss of the Goods however caused (including in cases of great negligence by Storage Pal), would be at the Customer sole risk and expense.
20.3. The policy should contain a waiver of any recourse against Storage Pal, its insurers and co-contractors. The Customer must also, at the conclusion of the Contract, provide an insurance certificate justifying this obligation.
20.4. In the absence of being able to justify such insurance, and as long as such a certificate is not communicated, the Customer accepts that the guarantee by Storage Pal is invalid.
20.5. The Customer undertakes to guarantee Storage Pal, its insurers and co-contractors, against any recourse brought by the insurers of the Customer against Storage Pal.
21. Maintenance and repair
21.1. The Warehouse Manager may at any time carry out maintenance, repair, enlargement and renovation works on or in the storage place, including the installation of additional equipment .
21.2. The work of repair and maintenance carried out in the storage place can not constitute a breach by Storage Pal of its contractual obligations, even if such work were to temporarily limit access. The Customer must suffer without compensation of any kind whatsoever, without being able to claim a reduction in the amount of the fee or other costs, or the termination of the Contract, all repair, maintenance and renovation work.
21.3. The Customer will take care to take all necessary measures to avoid any damage to the storage place, and to the property of third parties. In the event of damage caused to third parties or to the property of Storage Pal, Storage Pal will be entitled to have repair work carried out at the Customer’s expense. Customer agrees to settle such invoices within a period of 7 days.
21.4. If necessary, if Storage Pal must access the storage location for the above reasons, Storage Pal will inform the Customer if time and urgency permit; the Customer must, within a reasonable time, move his Goods to another storage location. In the absence of a move by the Customer, Storage Pal will have the Goods moved to another storage location at the sole risk and expense of the Customer.
22. Storage Pal and third party access
22.1. In principle Storage Pal, its employees and contractors can only inspect the goods in storage with the prior authorisation of the Customer.
22.2. In the event of an emergency, however, Storage Pal, its employees and contractors are authorised to inspect the Goods in storage, without prior authorisation and information from the Customer.
22.3. Emergency situations include the maintenance, repair, renovation, or any other event suddenly making necessary the urgent access to Goods stored.
22.4. Furthermore, in case of request by entitled administrative authorities, Storage Pal will permit at any time the inspection of goods in storage concerned.
22.5. Storage Pal, its employees and contractors will be allowed without prior permission by the Customer to inspect the goods in storage, opening the objects if necessary, in case the Customer can not meet, or be suspected of not respecting, its contractual obligations. Moreover, in case of delay or default of payment of fees and expenses, Storage Pal may refuse the Customer access to its Goods in storage.
22.6. Storage Pal may (without being obliged to do so), after opening the objects, carry out the inventory of the Goods present in the storage place.
22.7. Storage Pal is not obliged to check the rights of access to the storage site, either from third parties or from the administrative or judicial authorities requesting this access. Storage Pal will never be held responsible for allowing such access.
23. Non-compliance with the Contract and Termination
23.1. In the event the Customer:
23.1.1. does not comply with its obligations, legal, regulatory, or arising from custom; or
23.1.2. does not comply with its contractual obligations (including failure to pay the amounts due); or
23.1.3. is in a state of insolvency,
23.2. Storage Pal will then, without notice, proceed to the termination of the Contract, and may pursue payment of all amounts due under this Agreement.
23.3. The termination will then be notified to the Customer who must move his Goods within 14 days. If the Customer fails to move its goods within this period, the Customer expressly accepts that Storage Pal will proceed with the sale of goods under the conditions cited above.
23.4. The Customer will be required to reimburse Storage Pal for all costs incurred to recover the amount of its claim.
24. End of the contract
24.1. The contract ends when the Customer has removed all of his Goods from storage and paid Storage Pal all amounts owed.
24.3. Any Goods left on site by the Customer after the end of the Contract will be considered as transferred to Storage Pal or abandoned. The Customer must bear the costs of storage. The Customer remains fully responsible for all costs and damages resulting from the removal of his Goods. The Customer expressly authorises Storage Pal to sell its Goods.
25. Notice, change of address
25.1. As of the effective date of the Contract, Storage Pal will choose to communicate with the Customer either by post (at the address mentioned in the Contract), or by email (at the email addresses specified by the Customer), or by any other electronic means (at the addresses specified by the Customer).
25.2. The Customer must inform Storage Pal in writing of any change in postal or electronic address, or telephone, before this change takes effect.
26. Personal data
26.1. Customer data is treated by Storage Pal as a data controller in accordance with the legislation in force in terms of protection of data and rules on the Storage Pal website (see Legal notices). This policy specifies the purpose of processing data by Storage Pal, the Customer’s rights regarding its personnel data and other important issues related to the way in which Storage Pal treats personnel data.
26.2. Customer data is stored by Storage Pal and remains the unique and exclusive property of Storage Pal, without prejudice to the legislation in force in terms of protection of data.
27. Applicable law and competent courts
27.1. For all disputes, the parties assign jurisdiction to the competent court of the location of the storage, without prejudice to the right of Storage Pal to seize any other competent jurisdiction in accordance with the law.
27.2. The law applicable to this Contract is the law in force in the country of the storage location.
28. General
28.1. If a clause of this Agreement becomes null and void, or subject to cancellation, the other clauses of the Agreement shall remain valid and applicable. Any clause which has become null and void would be replaced by a new valid clause corresponding as closely as possible to the initial meaning desired by the parties before this clause becomes null.
28.2. The Customer declares to accept without reservation the present general conditions, as well as the conditions as presented in the Customer invoice, and on the Storage Pal website, and accepts that these conditions are available to him online on the Storage Pal website, and in his Storage Pal invoice.
28.3. Storage Pal may modify these general conditions by mail, email or invoice, or in the Storage Pal website. The modified general conditions will come into force 30 days after publication. In the absence of an indication to the contrary notified in writing by the Customer within 30 days of its information, the Customer will be deemed to have accepted the modified contractual conditions.
28.4. When the Contract is concluded by two or more Customers, they are bound by the proper performance of all contractual obligations.