Terms & conditions
Terms & conditions of Store Room GmbH
Terms & conditions of Store Room GmbH
Status April 2021
1.1 The STORE ROOM GMBH, FN 500296 f, Heinrich Bablik-Straße 17, 2345 Brunn am Gebirge (“
Provider
“) offers via the website storeroom.at to take items into custody in specially secured storage compartments that can be managed via smartphone app in accordance with the provisions of these General Terms and Conditions (“GTC”). A custody agreement is concluded as part of the online booking process.
1.2 These GTC shall apply to all such custody contracts (“
Contract
“) concluded by the Provider with the Customer. As “
Customer
” is the contractual partner of the Provider.
2. registration and conclusion of contract
2.1 The Customer must register on the Website and create an account with his data. This account is protected with a password, which is determined by the customer. The Customer is responsible for the safekeeping of this password and for all consequences of deliberate disclosure or unauthorized use and agrees that in this case the Provider is released from any liability.
2.2 The Customer shall promptly disclose any changes to its data.
2.3 The services offered by the Provider on the Website are to be understood as an invitation to make an offer and are therefore not binding for the Provider. By submitting his order via the website, the customer makes a binding offer to the provider under the terms of these GTC. The contract is concluded as soon as the provider sends the customer a booking confirmation to the e-mail address stored in the customer’s account.
3. service description of the service
3.1 The Provider shall take custody of the items to be stored in accordance with the Customer’s booking in a compartment intended exclusively for storage or safekeeping purposes.
3.2 The fee also includes the following services:
– The provision of a smartphone application, a customer account, the maintenance and continuous development of the same.
– Around the clock access to the compartment via smartphone application (subject to 8.1. and 8.3.)
– The possibility to give the access to unlimited number of people and manage the granted access rights.
– Protection against burglary and theft, in particular through access system, digital access control and full video surveillance by the provider
– Sensor monitoring of humidity and temperature, or guaranteed frost safety
– Cleaning of the movement areas and the loading zone as required and at the discretion of the provider.
– Unlimited consulting services on correct packaging or storage, the choice of the optimal storage size, mediation of – services from the areas of packaging, transport and disposal.
– Conduct site visits at the location or remotely to prepare for a compartment change or an additional compartment
– Unlimited customer services (assistance with booking, compartment change, cancellation, billing questions, period change, technical support, instruction and assistance with the use of smartphone application and online customer account)
4.1 The contract shall be concluded for a limited period of time as stipulated in the contract and shall end automatically at the end of the term without the need for termination. The customer must vacate the compartment before the end of the term and announce it in time in writing or in the customer account.
4.2 If the Customer does not vacate the Contract at the end of the Contract, the Contract shall be extended by the original Contract term, unless the Customer selects another offered Contract term, by which the Contract shall be extended.
4.3 If the Customer is in default with payment obligations arising from or in connection with the Agreement in the amount of at least a 4-week sum for more than 60 days, the Agreement shall terminate automatically without the need for termination.
4.4 The Provider shall be entitled to terminate the Agreement with immediate effect for good cause prior to the expiration of the agreed term; such causes shall include, in particular, the breach of material terms of the Agreement, in particular the provisions set forth in Section 10 (Permitted Use) and in Section 14 (Assignment), if the Customer fails to remedy the breach of the Agreement despite a reminder and the setting of a reasonable grace period by the Provider, as well as the discontinuation of the Provider’s business activities.
5. remuneration, right of retention of the provider
5.1 The Customer shall pay to the Provider the remuneration regulated in the contract plus value added tax at the statutory rate. The fee is due on the first day of the booking period and is payable by direct debit or credit card. In case of justified premature termination of the contract, the customer is not entitled to a refund of the fee or any part thereof.
5.2 The fee covers all services provided by the Provider as described in these Terms and Conditions; no other ancillary costs, such as monitoring fees, night, Sunday and holiday surcharges, operating costs, electricity, taxes and public charges or other ancillary costs shall be charged
5.3 The area data for the storage compartments are used to measure the compensation for the Provider’s custodial services and are therefore only approximate measurements. Actual deviations from the area data of the storage compartment compared to the data on the website do not lead to a change in the fee, provided that this deviation does not exceed 20%.
5.4 The Supplier shall have a right of retention to the items brought in. If the Customer is in arrears with payments, the Provider may deny the Customer access to the premises and/or the storage compartment until the arrears have been settled in full. This does not release the customer from paying outstanding claims of the provider. In the event that the customer is in default of payment, processing fees of € 5.50 (e.g. writing of reminder letters) and interest on arrears of 12% per annum are agreed. Likewise, any collection costs (e.g. collection costs or costs for legal representation) shall be borne by the customer.
5.5 The Customer shall immediately reimburse all bank charges incurred by the Provider due to revocation or non-payment of direct debits.
5.6 The parties hereby expressly agree on value stability of the remuneration. The starting point for value protection is the index figure at the signing date. The figure resulting from a change in the index forms the new starting point for calculating further valorizations. The figure is adjusted at the end of each contract year in accordance with changes in the index and is valid for the following contract year. The index used is the 2015 consumer price index as announced by STATISTIK AUSTRIA Bundesanstalt Statistik Österreich. If the consumer price index is no longer published, it shall be replaced by the index that most closely corresponds to it. A decrease of the remuneration below the contractually agreed amount is excluded.
6.1 The Customer shall pay the Provider a deposit as security for all claims arising from this Agreement, including damages, no later than upon handover of the Storage Compartment. Deposits or parts of deposits used up by utilization shall be replenished by the customer without delay.
6.2 The deposit shall be returned to the Customer without interest within 4 weeks after the return of the storage compartment vacated by the Movables and after settlement of all claims arising from this Agreement.
7.1 The Customer is not permitted to set off any claims on its part against the Provider’s claims under this Agreement or otherwise or to make deductions from payments owed. The customer has no right of retention or security interest.
8.1 The customer and in accordance with point 8.2. authorized persons have access to the premises and the storage compartment during opening hours. The opening hours may be adjusted by the Provider with prior 14-day notice on the website or by means of a notice in the entrance area, without the Customer being able to derive any legal consequences therefrom, provided that this does not lead to an unreasonable restriction of the Customer. Changes that become necessary due to official requirements are in any case reasonable.
8.2 As a matter of principle, only the Customer shall be permitted to enter the premises and the storage compartment. Other persons may enter the premises accompanied by the customer or with a written and/or digital legitimation. The Provider may require or check the credentials of any person who wishes to enter the premises and, if such credentials cannot be presented, expel the person from the premises.
8.3 The customer cannot derive any claims from temporary access disruptions to the storage compartment, for example due to failure of the operating software, or from disruptions to the energy supply. However, the provider will make every effort to quickly resolve the access or disruption.
9. change of the storage compartment
9.1 In the event of good cause, the Provider shall be entitled to exercise custody of the brought-in items in a storage compartment other than the one originally used, which must, however, be at least the same size as the original one. In this case, the customer is obliged to vacate the originally used storage compartment within ten days and to move the brought-in items to the other storage compartment. If the Customer does not comply with this request in due time, the Provider shall be entitled to open the storage compartment and move the brought-in items at the Customer’s expense and risk. In this case all conditions of the contract remain valid.
10.1 The Customer shall be entitled to use the storage compartment exclusively for the storage/ safekeeping of non-dangerous items which are either its property or over which it is authorized to dispose. Use of the storage compartment as storage in the course of a delogation is expressly prohibited.
10.2 Bringing in the following items is expressly prohibited:
– Valuables, such as cash, savings books, jewelry, securities;
– Foodstuffs and perishable goods, unless they are packaged in such a way that they are protected against infestation, do not attract pests and, even in the event of spoilage, cannot have any effect on the provider’s premises or items brought in by other customers;
– Any type of living thing (dead or alive);
– Items that cannot withstand normal fluctuations in temperature and humidity;
– Objects and materials which may impair the provider or third parties through disturbing odors, smoke, noise or other emissions;
– Hazardous items, especially highly flammable materials (gases, paints, gasoline, oil, solvents); weapons, ammunition, explosives and other explosive materials; chemicals, radioactive materials, biological warfare agents, toxic waste, asbestos or other potentially hazardous materials;
– Waste materials, such as hazardous waste;
– any article or substance the possession of which is not generally permitted under applicable law;
– all items that are likely to cause damage to the Provider’s operation and/or to the other Customers.
10.3 A maximum weight of 500 kg per square meter of storage area may not be exceeded. The customer must inquire about the maximum load capacity of the freight elevators (currently 2,000kg) and comply with it.
10.4 Any other use of the storage compartment is prohibited. In particular, the storage compartment may not be used for residential purposes, business purposes or for the performance of work, events of any kind, or otherwise as a recreation room; as a mailing address or place of business; for any activity that violates the terms and conditions of the insurance policy; and for any activity that could disturb or interfere with other customers or the provider.
10.5 Smoking is absolutely prohibited in the buildings. If the Customer or persons attributable to the Customer (such as, in particular, persons who have been granted digital access rights by the Customer, employees and other staff, customers, visitors, etc.) continue to violate the smoking ban despite a single warning, the Customer shall pay the Provider a strict penalty of Euro 200 per violation, or Euro 400 per violation in the event of a repeat offense.
10.6 Any structural or other changes to the storage compartment are prohibited and may only be carried out with the prior written consent of the Provider in each individual case. This includes any attachment to the walls, ceilings or floors, or the application of paint. The Provider may also refuse this consent without stating reasons; consent granted does not release the Customer from the obligation to restore the original condition upon termination of the usage agreement. Approved investments become the property of the provider without compensation.
10.7 The Customer shall comply with the fire protection regulations and the relevant official requirements (max. fire load). The Customer confirms to have been sufficiently informed by the Provider about the relevant provisions; in case of doubt about the permissibility of the storage of certain goods, the Customer shall inquire in writing with the Provider.
10.8 The Customer shall indemnify and hold harmless the Provider with respect to all claims that may arise from the breach of this Agreement, in particular, but not exclusively, with respect to claims of customers for whom custody was provided in adjacent compartments, as well as with respect to requirements under public law.
10.9 The customer is responsible for soiling of any kind of the open spaces by him or persons attributable to him. In the event of a violation despite a reminder from the Provider, the Customer shall pay to the Provider a strict penalty in the amount of Euro 200 per violation, or Euro 400 in the event of a repeat violation. This shall not affect the assertion of any additional cleaning costs incurred.
11. entering the storage compartment By the supplier
11.1 As a custodian, the Provider is obliged to ensure the safety of the Customer’s brought-in items. The provider is therefore entitled to open and enter customers’ storage compartments to ensure safety. With the exception of cases of imminent danger and item 11.4, the Provider shall inform the Customers at least 5 working days before the intended opening and entry.
11.2 Furthermore, the Provider shall have the right to open and enter the Storage Compartment without prior notice if the Provider has reasonable grounds to believe that the Storage compartment contains prohibited items pursuant to 10.2 or that the Customer is using the object in breach of the contract.
11.3 The Customer is furthermore obliged to tolerate temporary access to and alteration of the storage compartment without any claim for compensation if this appears necessary or expedient to the Provider for the purpose of repairing serious damage to the house and carrying out maintenance and improvement work on the house or neighboring storage compartments.
11.4 In the following additional cases, the Provider shall be granted the right, without prior notification of the Customer, to open and enter the storage compartment and to move the stored goods or to make necessary arrangements:
– Reasonable acceptance of storage of goods that violate point 10.2 of the GTC.
– Use of the storage compartment for purposes other than the use stipulated in the contract.
– Request for opening by police, fire department or any other authority authorized to do so.
12.1 The Provider shall ensure that the Storage Compartment is in perfect condition at the commencement of the Agreement; the Customer hereby confirms such condition. Any damage or contamination must be reported to the provider without delay at the start of the contract and recorded in writing. Provider agrees that the Storage Compartment is generally suitable for custodial purposes in accordance with the terms and limitations of this Agreement; Customer hereby acknowledges the same. Furthermore, a certain usability or condition is not promised.
12.2 The Provider shall be liable to the Customer for damages caused by third parties up to € 2000,- (liability sum). The liability sum applies to all items brought in and taken over by the provider per usage contract in each case for the entire term. Multiple maximization over the term of the user contract or for different items is therefore expressly not possible. In the event of liability, the current value (and not the replacement value) is replaced. Liability for damage or loss in the event of natural disasters, acts of war, civil unrest and other cases of force majeure or accident is excluded.
12.3 The Provider shall be liable to the Customer without limitation for damages caused to the Customer by intentional or grossly negligent conduct of the Provider’s bodies and employees or other persons attributable to the Provider (§ 1313a ABGB). Other claims for damages of the customer against the provider are excluded, whereby personal injuries are not covered by this liability regulation.
12.4 The liability of the Provider is limited to the direct damage. Liability for indirect damage or other consequential damage is excluded, as is liability for loss of profit.
12.5 The customer is responsible for any damage within the storage compartment and the premises if the damage is caused by him, his relatives, employees, visitors, suppliers, workmen or persons otherwise attributable to him.
13. insurance coverage
13.1 The Customer acknowledges that the Provider has no concrete knowledge of the value, scope and nature of the items stored by the Customer and that these are not subject to the provisions of 12.2. no liability exists beyond the liability sum stated.
13.2 The storage of the objects shall be carried out, except for the storage described in 12.2. described, limited liability of the provider, at the risk of the customer. Therefore, in the event that the value of the items exceeds the liability amount, the customer is obliged to insure his items for their actual replacement value.
14.1 Any (even partial) assignment of rights or obligations under this Agreement or any other transfer of the Storage Compartment is prohibited. This does not apply to the independent granting of access rights by the customer using a smartphone application in accordance with Section 8.2.
15. obligations of the customer upon termination of the contractual relationship
15.1 Upon termination of the contractual relationship, the Customer shall remove all of its items from the storage compartment and hand them over to the Provider cleaned and in the same orderly condition as at the beginning of the contract, but taking into account ordinary wear and tear caused by use for the intended purpose.
15.2 If the Customer does not remove its items left in the storage compartment by the expiry of the notice period, the Provider shall be entitled to open the storage compartment, enter it and, at its discretion
– remove these items and store them in another warehouse selected by the Provider at the Customer’s expense,
– or under threat and setting of a reasonable grace period
– Sell such items on behalf of the Customer and hold the proceeds for the account of the Customer after deducting all outstanding claims, costs and expenses; or
– dispose of such items if and to the extent that storage and/or private sale is not economically expedient or possible due to the low value and/or perishability and/or other reason.
16.1 The contractual relationship in question shall be governed primarily by the Agreement together with the General Terms and Conditions and, subsidiarily, by the relevant provisions of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), in particular with regard to the safekeeping agreement.
16.2 If any provision of these General Terms and Conditions is invalid or unenforceable, the remaining part of such provision and the Agreement shall remain unaffected and in full force and effect. Notwithstanding the preceding provision, the invalid provision of the General Terms and Conditions and/or the Agreement shall be deemed to be replaced by a provision that comes closest to the agreement and the intention of the parties.
16.3 If the contract is not signed by a legal representative (managing director, board of directors, etc.) and/or one or more authorized signatories on the part of the Customer, whose power of attorney is/are registered in the commercial register at the time of signing the contract, the Customer undertakes to provide the Provider, without being requested to do so, with a copy of a proper written proof of representation (power of attorney) of the respective signing persons. Otherwise, the contract shall be deemed not to have been concluded.
16.4 The instructions of the Provider’s employees shall be followed and the Customer shall take note of any house rules.
16.5 The contract shall be governed by Austrian law. The parties agree on the exclusive jurisdiction of the courts having subject-matter jurisdiction in Vienna Innere Stadt.
16.6 The parties waive the right to contest this contract on the grounds of error or shortage over half of the true value.
16.7 There are no oral or other ancillary agreements to the contract. Changes to the contract, including this provision, must be made in writing.
17. instruction right of withdrawal
17.1 Applies only to contracts subject to the Distance and Foreign Transactions Act:
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, STORE ROOM GMBH, FN 500296 f, Heinrich Bablik-Straße 17, 2345 Brunn am Gebirge, 0800 300 880, info@storeroom.at by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To
STORE ROOM GMBH, FN 500296 f,
Heinrich Bablik Street 17,
info@storeroom.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable
