Terms
& Conditions

2.1.

Stackt’s quotation or estimate, unless otherwise agreed in writing, does not include any additional fees such as insurance, cancellation/postponement waivers, customs, duties, port charges including (but not limited to) demurrage, inspections, or any fee or taxes payable to Government bodies or agencies, as applicable.

2.2.

Stackt’s quotation / estimate/offer is valid for 72 hours from the date of issue and is subject to availability of time and resources. Time is of the essence. If Stackt’s quotation / estimate is calculated using any Promotional Codes (further details at Clause 3), the quotation / estimate will be valid until the moment of payment in accordance with the terms of the Promotional Codes.

2.3.

The Customer must advise Stackt as soon as possible if they wish to include any additional Goods or additional services as part of the Services provided to them by Stackt.

2.4.

Stackt shall advise the Customer of any estimated price increases to the quotation/estimate as soon as practicable. Any additional Goods or additional service shall not be included in the Services until Stackt has agreed the price with the Customer in writing.

2.5.

These Terms and Conditions are subject to any written terms to the contrary stated in the quotation / estimate/offer and, for the avoidance of doubt, in the event of any conflict, the terms of the quotation/estimate/offer shall take precedence over these Terms and Conditions.

2.6.

Unless agreed in Stackt’s quotation/estimate, reasonable additional charges will apply in, but not limited to the following circumstances:

2.7.

The Customer agrees to pay any reasonable charges arising from the above circumstances of this clause 2.

2.8.

Stackt personnel and any third party personnel providing services on behalf of Stackt are entitled to have a 15 minute break if the job takes more than 4 hours

9.1.

These Terms and Conditions are personal to the Customer, who cannot sub- contract, assign, charge or otherwise encumbered or transfer the benefits and burdens of these Terms and Conditions to any third party without the prior written consent of Stackt.

10.1.

Stackt has in place insurance which can be endorsed to cover the Customer’s Goods when being stored by Stackt, subject to the terms, conditions, limitation and exclusions of that policy.

10.2.

For the Customer’s attention, Stackt’s insurance will not be responsible for loss or damage to items which are irreplaceable or of high value requiring specialist storage and or treatment, such as currency, jewellery, bullion, furs, deeds, bonds, securities, works of art, antiques, fine wines, vinyls items of personal sentimental value, or any other items where the value cannot be assessed on a financial basis;

10.3.

Unless otherwise agreed in writing, Stackt’s liability is limited to a maximum of £100 per box/piece of furniture, for a total value of £10,000, which is lost or damaged as a direct result of any negligence or breach of contract of Stackt in performance of the storage services.

10.4.

It is the Customer’s responsibility to properly insure, any Goods which exceed the value of Stackt’s limited liability referred to in Clauses 10.2 and 10.3 above.

10.5.

Stackt may elect to repair or replace the damaged or lost items in storage, however Stackt will not be liable for any depreciation in their value.

10.6.

items that require special treatment are to be packed by the customer. If upon customer’s choice items that require special treatment will be packed by Stackt, customer accepts the relevant risks deriving from improper packaging by Stackt due to the lack of information regarding correct packaging of such item.

10.7.

Stackt does not provide Self-Storage service and due to insurance and security reasons, customers are not allowed access to the storage facility under no circumstances. For the same security reasons Stackt does not provide photos or videos of items in storage.

11.1.

If the Customer wishes to benefit from Stackt taking an increased financial responsibility in relation to this it is a strict condition of these Terms and Conditions that the Customer declares to Stackt in writing, in advance of the Services, the value of the Goods being removed, stored or transported as the case may be in the form of a signed Valued Inventory, in accordance with Clause 5.1, before the Services take place.

11.2.

Unless otherwise agreed in writing, Stackt’s liability is limited to a maximum of £100 per box/piece of furniture, for a total value of £10,000, which is lost or damaged as a direct result of any negligence or breach of contract of Stackt in performance of the moving services.

11.3.

Any liability under Clauses 10.1 to 10.5 (Limited Liability for Storage) or Clause 11 (Limited Liability for Moving) above are expressly subject to any and all other applicable exclusions set out elsewhere in these Terms and Conditions, including Clauses 10.4 to 10.5, 12, 13, 14 and 15.

12.1.

If during Cleaning services Stackt, through its sub-contractors or staff members, cause loss of damage to the premises or property of the Customer, other than the Goods, as a result of negligence or breach of contract, Stackt’s liability shall be limited to making good the damaged area only up to a maximum limit of £100 per instance of damage, for a total value of £10,000

12.2.

Stackt offers a 72-hour reclean guarantee, contingent upon the condition that the property was unoccupied, and the specified areas were part of the originally booked service. In the event of non-compliance, a supplementary team will be dispatched to fulfil the service without any extra charges. It is imperative to furnish photographic evidence within 72 hours of the initial service to assess the eligibility for this guarantee.

13.1.

Due to the nature of the Services, third-party contractors and other individuals are present frequently at the time of collection or delivery of the Goods, and therefore establishing liability for damage and loss to premises or property can be difficult.

13.2.

Stackt’s liability is therefore limited as follows:

13.3.

If Stackt, through its sub-contractors or staff members, cause loss of damage to the premises or property of the Customer, other than the Goods, as a result of negligence or breach of contract, Stackt’s liability shall be limited to making good the damaged area only up to a maximum limit of £100 per instance of damage, for a total value of £10,000, unless quoted amounts are evidenced and supplied to Stackt in writing by the Customer in relation to costs for repair of such damages.

13.4.

Stackt will make reasonable and proportionate contributions towards the cost of any such repair works prior to them being undertaken by a third party.

13.5.

If Stackt causes loss or damage as a result of moving Goods under the express instructions of the Customer, against Stackt’s advice, and where moving the Goods as instructed is reasonably likely to cause damage, Stackt will have no liability towards any damages caused as a result of those instructions.

13.6.

If Stackt is responsible for causing loss or damage to the Customer’s premises or property, other than in relation to the Goods submitted for removal, the Customer must immediately make a note of this on the worksheet or receipt of delivery as soon as practicable after the damage has occurred, and no later than within 3 days from the day on which the work was carried out.

13.7.

In the event that the Customer does not notify Stackt of damages in accordance with Clause 12.6, Stackt shall not be held liable for any such loss or damages attributable to this.

14.1.

Stackt shall not be liable for any loss or damage caused by fire, explosion or similar event on the Customer’s premises, unless this was caused by Stackt negligently. It is the Customer’s responsibility to insure their premises and Goods against any such risk

14.2.

Any insurance taken out by the Customer may void the insurance policies referred to in Clauses 10 and 11, in which event loss will only be recoverable under the policy of the Customer.

14.3.

Other than as a result of Stackt’s negligence or breach of contract, Stackt will not be liable for any loss, damage or failure to produce the Goods as a result of:

i) Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances; and

ii) Moth, vermin or similar infestation; and

iii) Cleaning, repairing or restoring unless Stackt have arranged for the work to be carried out; and

iv) Changes caused by atmospheric conditions such as dampness, mold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.

v) Any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container; and

vi) Electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage; and

vii) Any goods which have a pre-existing defect or are inherently defective; and

viii) Perishable items (including food and drink whether frozen, chilled or otherwise) and/or those requiring a controlled environment; and

ix) Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board; and

x) Breakage of property packed by the Customer, unless the Box or container shows signs of external damage and Stackt have acted negligently in relation to such damage; and

xi) Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless the Customer has previously given Stackt information in writing of the value, and Stackt have confirmed in advance in writing the level of cover in relation those specific items and/or how Stackt suggest they should be dealt with as the case may be; and

xii) Any Goods referred to in Stackt’s FAQ as prohibited, details of which can be found on Stackt’s website.

xiii) Any such cover will be strictly subject to our terms of insurance and any relevant exclusions or limitations in Stackt’s insurance policies; and

xiv) Loss of or damage to china, glassware and fragile items. In the event of an accident involving an owner packed container where damage has occurred irrespective of the quality of the packing, our liability is limited up to £100 or its actual value, whichever is less; and

xv) Bonds, manuscripts and documents or electronically held data records, mobile telephones, laptops, desktop computers, tablets, computer network technology and such like; and

xvi) Plants; and

xvii) Any broken glass coverings on pictures, for which Stackt’s liability shall be capped at £25 per picture; and

xviii) For any items or Goods referred to in Clause 6

14.4.

No employee or sub-contractor of Stackt shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of these Terms and Conditions, unless such liability arises from negligence or breach of contract of those employees or sub-contractors.

14.5.

Stackt’s liability will cease upon handing over the Goods to the Customer or their authorised representative.

14.6.

Stackt will not be liable for any loss or damage caused by employees, agents or sub-contractors in circumstances where:

1. There is no breach of this agreement by Stackt or by any of Stackt’s employees, agents or sub-contractors, or any negligence on Stackt’s part or theirs; and/or

2. Such loss or damage is not a reasonably foreseeable result of any such breach.

14.7.

If customers wish to personally provide help to Stackt personnel for reasons including but not limited to expediting the service, they will do so at their own risk, and Stackt cannot be held liable for any damages to the goods or the customer that may arise as a result of the customer’s actions. Customer’s help will not be accepted in case of storage return/collection.

15.1.

Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The said extraordinary events or situations shall include but not limited to acts of God, flood, drought, earthquakes or other natural disasters, epidemics or pandemics, terrorist attacks, civil war, civil commotion or riots, war, threats of or preparation of war, armed conflict, imposition of sanctions, embargo, nuclear, chemical or biological contamination, or any law or any action taken by a government or public authority, interruption or failure of utility service.

15.2.

The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 15 calendar days, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.

16.1.

If the Customer or their authorised representative collect the Goods, Stackt must be notified in writing of any loss or damage at the time the Goods are handed to the Customer or their representative or as soon as reasonably practicable thereafter, and in no circumstances later than 3 days after collection of the Goods.

16.2.

For Goods which Stackt deliver, the Customer must give Stackt detailed notice in writing of any loss and damage as soon as reasonably practicable following delivery, and in any event, within 3 days of delivery by Stackt, its employees or sub-contractors.

16.3.

In exceptional circumstances Stackt may, in its discretion, agree in writing to extend this time limit upon receipt of the Customer’s written request, provided such request is received within 3 days of delivery.

16.4.

In the event that the Customer does not notify Stackt in accordance with this Clause 15, Stackt shall not be held liable for any such claims and liability is excluded in that regard to the fullest extent permitted by law.

16.5.

It is the Customer’s responsibility to check their Goods for any loss or damage which may have occurred during transport.

17.1.

Items will be disposed of in case of customer not paying storage fees for 3 months, after which the customer will be charged a disposal fee in addition to his outstanding balance. Stackt have the right to hold in storage or dispose thereof, some or all Goods until the Customer has paid all the charges and other payments due under these Terms and Conditions. Charges include any additional amounts which Stackt have paid on behalf of the Customer.

17.2.

Whilst Stackt hold and store the Goods in anticipation of payment, the Customer will be liable to pay reasonable storage charges and other costs associated with and incurred in relation to Stackt’s withholding of the Goods, and these Terms and Conditions shall continue to apply until the date of payment.

18.1.

If there is a dispute arising from these Terms and Conditions which cannot be resolved through communication between the parties, either the Customer or Stackt may refer the matter to the Ombudsman, subject to the rules of the Scheme, as in effect from time to time.

18.2.

In the event of any dispute being raised by either party, this does not alter the timescales for payment of Stackt’s invoices, which shall remain payable in full by the Customer.

18.3.

There will be no rights of set-off or deduction in the event of a dispute between the parties.

19.1.

Stackt reserve the right to sub-contract some or all of the Services for which Stackt has provided a quotation. Any sub-contractors shall abide by these Terms and Conditions which will apply in full.

20.1.

Stackt reserves the right to choose the method and route by which to carry out the Services.

21.1.

Where the Customer produces a Valued Inventory which has been sent to Stackt prior to the Services, it will be accepted as an accurate reflection of the value of the Goods unless the Customer writes to Stackt at least 48 hours’ before the agreed removal date.

21.2.

Stackt has the right to deny provision of Services to Customers where the Valued Inventory exceeds an amount of £2500 or alternatively, to omit any valuable Goods from the scope of the Services and notify the Customer in writing of this.

22.1.

This agreement constitutes the entire agreement between the parties.

22.2.

Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

23.1.

This contract is governed by the laws of England and Wales and any disputes arising pursuant to it, or any document referred to within it, or in respect of its formation shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

24.1.

Unless otherwise agreed by Stackt in advance in writing:

1. Payment for the Services is required in full in advance of the removal and transport services or storage period, as applicable. The Customer may not withhold payment of any part of the agreed price.

2. Stackt accept the following forms of payment:

a) Stripe payment to Stackt’s nominated account;

b) GoCardless direct debit payment to Stackt’s nominated account;

c) Revolut Merchant to Stackt’s nominated account

24.2.

In the event that additional services are required outside the scope of the original quotation/estimate given by Stackt, or the Services take longer than estimated, or any other factors as listed under Clauses 2 or 4 which lead to an increase in charges, in the event that such matters are known before the Services are carried out, then payment in full for all such matters is required at the same time as payment of the agreed price in Clause 23.1.1 above.

24.3.

Whereby such matters are not known prior to the Services being commenced, such additional amounts are payable and due on completion of the Services.

24.4.

In respect of any sums which are overdue to, Stackt shall be entitled to charge simple interest to the Customer on any sums, fees or other charges payable pursuant to this Agreement which are not paid on the due date and such interest shall be charged (as well after as before a judgment) at the rate of eight per cent (8%)] per annum above the base rate of the Stackt bank from time to time subsisting such interest to accrue on a daily basis.

24.5.

Payment can be made by credit/debit card or via bank transfer. Stackt may require you to pay a deposit payment in advance at or following the time of booking. Where such a deposit in advance is paid, it will be deducted from the final invoice.

24.6.

Any payment queries must be directed to Stackt’s head office, on or before the day the Services are carried out. Stackt’s removal staff or sub-contractors do not have the authorisation to amend quotations or discuss any sums due from the Customer.

24.7.

VAT is due on all Services at the prevailing rate. Any sums stated in these Terms and Conditions or in the quotation / estimate shall be deemed to be stated inclusive of VAT, unless expressly stated in writing as being exclusive.

24.8.

Stackt reserves the right to state alternative payment terms to the Customer to those in the quotation/estimate. Where this occurs, those alternative payment terms shall apply. For example, in certain circumstances, Stackt may require payment for Services to be made in full 7 days before the Services are carried out. Where such circumstances apply, this will be communicated to the Customer in the quotation/estimate.

25.1.

If the Customer cancels this agreement, Stackt reserves the right to charge a reasonable postponement or cancellation fee according to the amount of notice which the Customer provides, as set out below:

26.1.

Where Stackt’s Services relate to transportation of the Customer’s Goods for onward international shipping by a third party freight company then Stackt are only responsible for the Goods whilst the Goods are in its physical possession.

26.2.

When the Goods are handed over to the third party freight company, the Goods shall be their responsibility and shall be handled at their risk, and thereafter at the risk and responsibility of the end carrier/s (if different).

26.3.

If the Customer has any queries related to insurance cover or contractual responsibilities with respect to onward transit, then the same should be raised directly with the relevant third parties concerned. The Customer is advised to arrange their own comprehensive insurance to cover their Goods during such international transit if in any doubt.

26.4.

Stackt does not accept any liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies.

26.5.

Under no circumstances does Stackt accept any liability for loss of or damage to goods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States of the USSR. This list is not exhaustive and Stackt will advise you at the time of quotation if the country your goods are being shipped to is not on this list but is included in this exclusion of liability.