Please read this agreement carefully. These terms and conditions apply to the use of our websites, use of our web or mobile applications and/or use of our products and/or services (together the “Services”). By using our Services, you agree with and agree to be bound (the “Agreement”) by these terms and conditions (“Terms and Conditions”).
By using the Services you agree that:
a. you have read the Terms and Conditions and agree to be bound by these;
b. all information you provide us is accurate, correct and up to date and that you will notify us of any changes immediately should there be changes to the information that you provide us;
d. you warrant that you are legally entitled to procure Services from us on your own behalf or on the behalf of the beneficiary of the Services;
e. you are over 18 years of age.
1. Parties to the Agreement
1.1 This Agreement is between Boxi NZ Limited, a New Zealand registered company (“Boxi NZ”, “we”, “us” or “our”) and you, the customer (“customer”, “you” or “your”). For the avoidance of doubt, a customer includes any visitor to our websites, users of our web or mobile applications and customer employing our Services.
2.1 “Services” means any and all services or products which we may offer at any time including our Website and use of our web or mobile applications.
2.3 “Delivery” or “Deliveries” shall be considered to include any deliveries of empty boxes, collection of boxes or Goods and/or return of boxes or Goods.
2.4 “Boxes” or “Containers” means the boxes in which the Goods are packed, whether they are supplied by us or by the Customer.
2.5 “Goods” or “Items” means the items which are stored by us whether they are stored in our Boxes or Containers, your own boxes or containers or stored on their own outside of any box or container or in any other way.
2.6 “You” or “Customer” means you the customer irrespective as to whether you are an individual customer acting on your own behalf or a business customer including your agents, nominees or assignees.
2.7 “Website” means our website at www.boxi.co.nz or any other website under which we provide or advertise our Services or subsequent URL which may replace it.
2.8 “Addendum Cover” means additional liability cover for Goods or Boxes stored with us up to a maximum of $500 per Box or Item, $4000 in total.
2.9 “Terms and Conditions” means these terms and conditions as amended from time to time.
3. Customer Responsibilities
3.2 You may not under any circumstances sub-license or re-sell any of the Services.
4. Goods and Storage
4.1 You declare that all Goods that are entrusted to us are and shall remain your property or that you have the express permission and authority of the person who owns the Goods to use our Services. You agree to indemnify Boxi NZ against any claims charges costs and demands made against or incurred by Boxi NZ on any breach of this condition.
4.2 All Boxi NZ Containers remain the property of Boxi NZ unless we otherwise have agreed in writing.
4.3 Goods stored with us must not exceed 25kg per Container or individual item. You are responsible to carefully pack all Goods and protect them with protective wrapping or padding. Goods stored in Boxi NZ Containers must be sealed with the Boxi NZ tamper-proof seals provided to you upon delivery of the empty boxes. We will consider storage of non Boxi NZ Containers; acceptance is at our sole discretion.
4.4 Goods stored shall not include prohibited, illegal, stolen or perishable items. Prohibited Goods include but are not limited to:
(b) creatures (whether living or dead);
(c) Firearms, weapons or explosives of any kind;
(d) Items which emit any kind of odour or fumes;
(e) Flammable liquids, gas, oil, petrol, LPG, fuel, corrosive chemicals, and commercial bulk consignments of dangerous goods as listed in the current New Zealand Dangerous Goods Code;
(f) Motor vehicles, heavy machinery, caravans, aircraft, boats or watercraft, and motor cycles;
(g) Refrigerated/perishable goods and food stuff;
(h) Paint or tyres;
(i) Bloodstock, exotic birds and stud or prize animals, livestock, animals, birds and fish;
(j) Cigarettes, tobacco and tobacco products;
(k) Money, currency, notes, securities or negotiable documents;
(l) Alcohol, liquor, beer, wine or alcoholic beverages;
(m) Gold, precious metals, jewellery, diamonds and precious stones;
(n) Furs or garments trimmed with fur;
(o) Paintings, antiques, curios and works of art.
We have the right to refuse to store any item that we in our sole discretion consider to be inappropriate to be stored at our storage facility.
Failure to comply with this provision may invalidate our insurance over the Goods and in that case clause 8.10 shall apply.
4.5 We or anyone acting our behalf may at any time open your Boxes to access your Goods if we reasonably believe that they contain any Goods contradicting the terms of Clause 4.4; if we are required to do so by any competent authority, local authority or by law or any court order; or if we feel people or property are at risk of injury or damage. We shall have no liability in the case that we are asked to pass any Goods to any government or law enforcement agency or if we are required by them or a court order to dispose of or destroy any Goods. Any costs or losses incurred by us associated with any of these processes shall be borne by the Customer.
4.6 Access to our facilities or those of any of our sub-contractors or agents is strictly prohibited.
4.7 Boxes and Containers are not stored in a facility that controls temperature or humidity and we will not be liable for any damage or loss to your Goods or Items that results directly or indirectly from this including but not limited to mould or mildew damage.
4.8 Each separate Box, Container or separate Good or Item (not stored within a Box or Container) are automatically insured up to $100 subject to you continuing to comply with these Terms and Conditions (in particular clause 4.4) and any other conditions of insurance as advised by us to you from time to time. Additional insurance coverage of up to a total of $500 per Box or Item (up to a total of $4,000 for all your items) may be available upon request but this is subject to acceptance by our insurer and payment by you of the insurance premium.
5. Deliveries and Collections
5.1 You are required to ensure that our employees or those of any third party acting on our behalf have reasonable access to your premises in order for us to ensure that we are able to carry out the Deliveries to you. You are responsible to ensure that Goods are available for collection on an easily accessible ground floor or within easy access by an elevator. Where Deliveries require our staff to carry Items up or down stairs, there will be separate charges for such services and it is your responsibility to ask about these charges in advance. There must also be reasonable road access and approach to the door of the premises where the Delivery is ordered to/from and parking facilities are available if necessary. The Deliveries must be received or handed over from/by someone legally able to do so and/or authorised by you to do so. In the case that any of these conditions is not fulfilled and our Services are therefore impacted, an additional one-off charge of $19.90 will be added to your monthly payment along with any re-delivery charges required.
5.2 Delivery/collection days and times will be as specified on the Website at the time of booking and will be made to the address specified by you when you place the order on the Website. It is your responsibility to ensure that you or someone you have authorised is present at the address you have provided to receive the Boxes and/or Goods. We may ask that an appropriate person signs for the Goods on delivery/collection.
5.3 If no one is at the address when the delivery/collection is attempted we will leave notification and/or will telephone to attempt to rearrange the delivery/collection at a later date. Such ‘missed deliveries/collections’ will be subject to an additional charge of $19.90 for non-delivery of empty boxes or $9.90 per box and/or item for missed delivery of full boxes and/or items.
5.4 We shall not be held liable for any loss you may suffer as a result of any missed Delivery. If we miss any delivery we will endeavour to contact you at a later date in order to reschedule your delivery time and date.
5.5 We may refuse to collect any Goods or Boxes that do not comply with the terms stipulated in Clause 4 at our discretion. If this results in a failed delivery, you will be liable for a failed delivery charge of $19.90.
5.6 Boxi NZ Containers are provided to you only for you to pack with Goods that will be entrusted to be stored by us. It is your responsibility to schedule a collection of the Containers within the space of 14 days from the date of Delivery to you. If you hold onto the Containers for more than 14 days, we’ll charge you as if the Containers were stored with us in our own facilities. When we come to collect Containers from you, you must return to us all the Containers that we previously Delivered to you. If you retain some Containers for a longer time and schedule another Collection, we will charge you in addition to the storage fees as noted previously, $9.90 per trip for each additional collection. If this Collection includes full boxes to be returned to storage we will waive the pick-up fee of $9.90 for the trip.
5.7 If you wish to keep empty Containers for yourself, we’ll charge you $35 per container.
5.8 In the event that you decide not to proceed with our service and send all the Boxes back empty, you will be charged $19.90 to cover both the drop off and collection fee.
5.9 We reserve the right to restrict deliveries or collections in certain areas, including the right to eliminate certain areas from our delivery or collection schedule altogether.
6. Payments and Charges
6.1 All applicable charges are those specified on the Website at the time of booking or as specified in the Terms and Conditions.
6.2 All applicable charges are subject to change at our discretion. In the case that charges are amended upwards, we will provide you with notice 28 days in advance of the changes taking place. You are, in accordance with Clause 9, entitled to terminate the Agreement if you do not wish to continue to use our Services under the new charging policy.
6.3 We prefer payment by Credit or Debit Card. We may in our sole discretion accept other forms of payment.
6.4 Where payment is by Credit Card, we (or a third party engaged on our behalf), will require you to enter your credit card information in order to make use of our Services. Your saved credit card information may be used to bill all future charges automatically.
6.5 Unless otherwise agreed by us in writing, it is a condition of our Agreement that you provide Boxi NZ Limited with at least one valid credit card or debit card before commencement of the Services and at all times thereafter until the Services are terminated.
6.6 Services will be billed on a monthly basis with storage charges and any other charges, including but not limited to the rental of our Containers, being billed monthly in advance following the Initial Payment Date. The Initial Payment Date shall be the earliest of either the date on which we collect Goods from you or 14 days after we first deliver empty Containers to you.
6.7 Rental charges for the month (whether part or full) in which Boxes are returned to you are payable for a full month.
6.8 One collection is provided free for each delivery of a group of Boxes. If the group of Boxes is split into multiple collections, collection charges will become due as specified on the Website.
6.9 Customers are not entitled to refunds for any storage charges, delivery services or any other charges billed in accordance with these Terms and Conditions. Refunds will only be processed if errors in billing are correctly identified within 14 days of any payment and agreed to by us.
6.10 You will pay interest on monies not paid by the due date at the rate of 2% per month payable on a daily basis from the due date and you will be liable for all expenses (including legal costs as between solicitor and client of and incidental to the enforcement or attempted enforcement of our rights and remedies under our Agreement) incurred by us as a result of the default and a $20 administration fee for each monthly default.
7. Right to Withhold or Dispose of Goods
7.1 In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorise us:
to withhold the Goods and to refuse you and your agents access to the Goods;
to access the Boxes and inspect and remove the Goods;
to hold onto and/or ultimately dispose of some or all of the Goods.
7.2 In the event that any outstanding charges or payments are not received by us, we shall issue a final payment reminder notice. If we have still not received the outstanding charges or payments owed to us by you within 14 days after the payment reminder notice was sent to you, we may sell the Goods and transfer ownership of the Items to the purchaser of the Goods. Proceeds from the sale will be used to settle all outstanding charges and/or payments including administrative fees, interest and service fees. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the amount leftover, the amount leftover will be retained by us for our own account.
7.3 If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not settled within 7 days we may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
7.4 We may sell the Goods by any means. If, for whatever reason the Goods cannot be reasonably or economically sold, we are authorised to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by the Customer.
8. Limitation of Liability
8.1 Use of the Services is at your own risk. We shall not in any event be held liable or responsible for any damage or loss to you or the Goods that arises for any reason other than as a consequence of willful misconduct on our behalf or any of our contractors. We shall not in any circumstance be liable or responsible for any loss as a result of using our Services including but not limited to direct or indirect loss, consequential loss, lost profits, revenues, savings, data or damage to any computer systems; even if you have advised Boxi NZ Limited of the possibility of such loss.
8.2 You acknowledge that you are solely responsible to arrange insurance for your Goods where the value of such Goods is greater than any insurance included in our Services.
8.3 You are responsible to inspect any Items returned to you from us for any loss or damage. If you believe there has been loss or damage to Items, you are required to notify Boxi NZ within 48 hours of the delivery. After 48 hours the Items shall be deemed to have been delivered free of loss or damage. We reserve the right to inspect the Goods and take pictures of any alleged damage or loss before an insurance claim can be made.
8.4 It is the Customer’s responsibility to ensure that Goods in any Containers or Boxes are properly and carefully packed with enough protection as would reasonably be required for the Goods being stored. We shall not be held liable for any loss, failed delivery of and/or damage to any Items as a result of insufficient or improper packing or protection; any deterioration of Goods which may happen over time; fragility of Items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legitimate reasons.
8.5 Any non Boxi Boxes provided by the Customer and agreed to be stored by us as set out in the Terms and Conditions must be in good condition, well packed and properly sealed in order to ensure Items are safe. Storage of Goods not packed in Boxi NZ Containers is entirely at your own risk.
8.6 In any event, our total liability to you for any breach of this Agreement or loss you may suffer, shall not exceed the lower of (i) the current replacement cost of the Goods; (ii) NZD $100; (iii) the total amount paid to us by you for the storage of the Goods (iv) or, in the case that the Customer has opted to add on Addendum Cover, the amount to which the Addendum Cover has been agreed.
8.7 We are entitled to be provided such evidence as we believe is reasonably satisfactory to determine our liability under clause 8.6.
8.8 With respect to Addendum Cover, at no time shall the coverage amount exceed NZ$4,000 in total, or NZD$500 per Box or Item. Addendum Cover will be provided only at our discretion and the Customer shall duly settle any extra fees applicable for adding Addendum Cover, as stipulated at the time of creating an order for Boxes through the Website or as indicated by us in any other communication with the Customer. In the case that a customer elects to add on Addendum Cover, the Customer shall be liable for any excess payable.
8.9 It is the Customers responsibility to be aware of any exclusions under the Addendum Cover:
8.10 The Customer shall not do or allow to be done any act or thing that shall make void or voidable any policy of insurance on the Goods and the Customer fully indemnifies Boxi NZ Limited for any loss suffered whatsoever resulting from the breach by the Customer of this condition.
9.1 You may terminate this Agreement at any time by requesting the return of your Items and payment of all amounts due to Boxi NZ Limited under our Agreement.
9.2 Upon termination you must ensure that you contact us to arrange the return of your Items and such return must be arranged within 14 days from the date of notification. If, for any reason, within 14 days following the termination of this Agreement, you have not arranged the return of your Items we may either hold on to your Goods and charge you another month’s storage fee or dispose of them in accordance with these Terms and Conditions.
9.3 We may block, terminate or suspend your and any user’s access to the Website at any time for any reason in our sole discretion, even if access continues to be allowed to others, with immediate effect by giving you notice by email.
9.4 Boxi NZ Limited may discontinue, suspend or modify the Website at any time without notice.
10. Intellectual Property Rights
10.1 We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.
10.2 We provide you a limited, non-exclusive, non-licensable and non-transferable right to use our Website for the purposes of using our Services. This right is personal to the Customer. You may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Website without our prior written permission.
12. Sub-contracting and Assignment
12.1 Boxi NZ may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent. In the event of a breach by you of any condition of this Agreement any third party that has performed any of Boxi’s obligations to you shall be a third party beneficiary in any claim against you and able to enforce against you under the terms of this Agreement.
12.2 The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this Agreement is expressly prohibited.
12.3 This Agreement shall be binding on your personal representatives and successors.
13. Force Majeure and Bad Weather
13.1 We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
13.2 A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, adverse weather, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents, non-performance or delay by suppliers or sub-contractors, or any other unforeseen circumstances.
13.3 In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
14.1 You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account or using your Data.
15. Notices by the Customer
15.1 Any notices given by you to us must be in writing by email to firstname.lastname@example.org or by mail to PO Box 133228, Eastridge, Auckland.
15.2 Any notices given by us to you must be in writing and may be served by email or by postal mail. Such notice shall be directed to the email or postal address you have provided to us through our website or as separately provided to us in the form of a notice according to details stipulated in this Clause.
15.3 A notice shall be deemed to have been served at the time the registered postal mail has been signed for by us in the case of registered postal mail; within 48 hours from the time the notice has been sent out in the case of postal mail; and from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
16. Governing Law and Language
16.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of New Zealand.
16.2 In the event of any inconsistency between the Chinese and the English version, the English version shall prevail.
17. Entire Agreement
17.1 If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
18. Cancellation rights
18.1 You may amend or cancel your order at any time prior to the cut-off time for delivery or collection, as appropriate. The cut-off time will be stated on the Website in FAQs.
19.1 We reserve the right to amend the terms and conditions within this Agreement from time to time. Where any change is made, we will notify you by email. You have a right to terminate this agreement within 14 days of this notice should you not wish to be bound by the new Terms and Conditions . Your continued use of our Services after this date will be deemed to represent your continued acceptance to the Terms and Conditions.
19.2 We always welcome your feedback which can be sent to us by email to email@example.com. Where you supply any feedback, you agree and acknowledge that Boxi NZ shall have no confidentiality obligations to such feedback and/or suggestions and that it may be incorporated into our Website or Services.
19.3 Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
19.4 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 and Conditions.
19.5 The failure of Boxi NZ Limited to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.