Terms
& Conditions
Overview
Terms and conditions of the contract between Stackt Ltd, acting as Stackt, of moving and storage services (“Stackt”) to you (“Customer”) (together with the information and policies contained in the "Customer Service" and “FAQ” pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") explaining the rights, obligations and responsibilities of both parties, and set out the legal terms that apply to your use of our website http://www.stackt.co.uk, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other Services that we provide.
Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order Services from us, we will take this as your acceptance of these Terms and Conditions.
The Customer’s attention is directed to Clauses 5, 9, 10, 11, 12, 13, 14 and 15 which limits or excludes Stackt’s liability for loss and damage. Stackt recommends that the Customer arranges third-party insurance to cover their Goods and premises.
1: Interpretation and Definitions
Stackt: means Stackt Ltd, company number 13394096, and any sub-contractor appointed by Stackt to carry out the Services as the context may be.
Customer: means a person who submitted the order for receiving goods and services.
Goods: means any goods which are removed, packed, transported, stored, off- loaded and unpacked at the delivery location.
Services: means the relevant services which Stackt offers which includes domestic removal services, packing services, cleaning services (end of tenancy, regular cleaning, carpet cleaning and balcony cleaning), storage and transport services as the case may be.
2: Quotation/Estimate
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 24 hours from the date of issue and is subject to availability of time and resources. Time is of the essence. For orders with a due date within 72 hours, payment must be completed within 1 hour. 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. Please note that extra fees are applicable in the event of any changes.
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:
2.6.1.
Stackt’s costs change due to fluctuations in currency including inflation, changes to taxation, freight fuel, ferry or toll charges beyond Stackt’s control.
2.6.2.
Stackt must collect or deliver the Goods at the Customer’s request above and/or below the ground floor and first upper floor.
2.6.3.
Stackt supplies additional Services, including storing the Goods (these conditions apply to such work).
2.6.4.
The entrance or exit of the premises, stairs, lifts or doorways are inadequate for the free movement of the Goods without the use of mechanical equipment or structural alterations, or the approach, road or driveway is unsuitable for Stackt’s vehicles and/or containers to load and/or unload within 40 metresis of the doorway.
2.6.5.
Stackt has to pay parking or other fees and charges (including fines where the Customer has not arranged for suspensions of parking restrictions) in order to carry out the Services. Customers are required to provide Stackt with a Parking location (max 40 metres from the doorstep) for the moving vans. This may require customers to contact the local council to arrange a parking permit ready to be used for the day of the move. If a customer is unable to provide such parking, subject to mutual agreement, the customer will be required to cover the costs of the parking ticket or parking fines incurred by Stackt during service delivery.When required, customers should pay an additional fee for the Stackt car parking.
2.6.6.
There are delays or events which are outside of Stackt’s reasonable control which extend the amount of resources or time required to complete the Services, including but not limited to heavy traffic, additional number of goods for transportation, the property for which EOT was booked is of larger size than the customer informed etc which will be subject to an additional extra hourly fee.
2.6.7.
Stackt reserves the right to charge additional fees if the Services are carried out, at the Customer’s request, on a Saturday, Sunday, or Public or Bank Holidays, or outside of Stackt’s normal working hours of 9:00 – 20:00, or alternatively, in Stackt’s reasonable opinion, by becoming necessary in light of the agreed estimated timescales with the Customer.
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
3: Vouchers, Promotional and Special Offers
3.1.
Stackt runs promotional events from time to time in which it offers Customers the opportunity to save money by ordering certain Services under promotional codes (hereafter “Promotional Codes”).
3.2.
Any Promotional Codes are non-transferable by the Customer and cannot be exchanged for cash alternatives.
3.3.
All Promotional Codes are applied to the value of the order, valid on selected services only, available in selected cities / districts only and are subject to our general Terms and Conditions.
3.4.
Promotional Codes are valid on each individual service ordered by the Customer which totals over GBP £100, unless otherwise specified.
3.5.
The Promotional Codes can be used on Stackt’s website by entering them into the ‘Promo Code’ field on the ‘Get a Quote’ page when prompted, for the discount to be deducted from the order.
3.6.
Stackt reserves the right to withdraw or amend any Promotional Codes at any time, or to decline to accept orders where, in its opinion, a Promotional Code is invalid for the order being placed. Our Customer Service team is unable to re- activate expired promotional discounts.
3.7.
Promotional Codes will either;
3.7.1.
Auto-apply - The promotion will be automatically applied at checkout, subject to the qualifying amount being spent in that transaction; or
3.7.2.
Manually - Manually enter the Promotional Code at checkout, subject to the qualifying amount being spent in that transaction.
3.8.
Promotion for Students: enjoy 10% off:
3.8.1.
The 10% discount is valid on the following services: Moving, Packing, Assembly/Disassembly and monthly subscription Storage plans.
3.8.2.
This offer is valid for students only. To validate the offer, we require proof of student status in the form of a valid student card. The offer cannot be applied without this verification. One usage of code per customer.
This promotion cannot be used in conjunction with other discounts, subject to certain exemptions. Any monetary value offers will be applied first. This promotion is available from 1 January 2024 to 31 December 2024. Stackt reserves the right to withdraw or amend this promotion at any time.
This promotion cannot be used in conjunction with other discounts, subject to certain exemptions. Any monetary value offers will be applied first. This promotion is available from 1 February 2023 to 31 December 2023. Stackt reserves the right to withdraw or amend this promotion at any time.
3.9.
25-40% OFF on long storage
3.9.1.
The discount is valid on the Storage subscription only.
3.9.2
Should a client who received a discount cease storing with us prior to the pre-agreed duration commitment, the client would be charged in addition for the discrepancy.
3.9.3
One usage of offer per customer.
3.9.4
This promotion cannot be used in conjunction with other discounts, subject to certain exemptions.
This promotion is available from 1 January 2024 to 31 December 2024. Stackt reserves the right to withdraw or amend this promotion at any time.
4: Work not included in the Quotation/Estimate
4.1.
Unless previously agreed, Stackt will not:
4.1.1.
Dismantle or re-assemble furniture, fitting of fitments (save as for provided in Clause 4.2.1; or
4.1.2.
Disconnect or reconnect appliances, fixtures, fittings or equipment (save as provided for in Clause 4.2.2; or
4.1.3.
Take up or lay fitted floor covering; or
4.1.4.
Move items from a loft unless it is safe to do so by being properly lit, floored and safe to access; or
4.1.5
Move any items excluded in Clause 6; or
4.1.6.
Dismantle or re-assemble any garden furniture or equipment; or
4.1.7.
Undertake any work as part of the Services for which Stackt’s staff are not authorised or qualified to carry out, or to move any goods of furnishings which our staff reasonably believe cannot be moved safely or the removal of which may cause damage to the surrounding areas or goods.
For the avoidance of doubt, if any of our staff elect to carry out any such tasks at the Customer’s request they do so without Stackt’s consent and authority and are therefore doing so outside of their scope of employment, at their own risk, and Stackt is not insured for any such tasks or liable for any damages as a consequence suffered by the Customer as a result of this.
4.1.8.
Open or reseal any paints, oils, lubricants and other material deemed by Stackt to be potentially hazardous in any way and unsafe for transport or storage;
4.1.9.
Move loaded freezers or refrigerators. It is the Customer’s responsibility to ensure that these are unloaded and prepared for transport.
4.2.
If agreed in writing, Stackt shall carry out the following tasks on the understanding that Stackt shall not be held liable or responsible for any damages or losses caused as a consequence;
4.2.1.
Stackt may dismantle or re-assemble flat-pack furniture such as IKEA or other similar brands. Stackt will not dismantle or re-assemble custom, specialist, fragile, delicate, rare or expensive pieces of furniture. It is the responsibility of the Customer to contact the manufacturer or relevant retailer or furniture specialist and seek expert guidance for the dismantling and reassembling of these items before taking any steps or arranging for an appropriate specialist contractor to carry out this work; and
4.2.2.
Stackt may disconnect and reconnect dishwashers, washing machines, dryers and other electrical appliances, except for fittings and furniture. Stackt takes no responsibility for any malfunctions or damages caused on reconnection of such appliances and items.
4.3.
End of Tenancy cleaning booking, does not encompass carpet cleaning and balcony cleaning within the provided quotation. These additional services must be scheduled and paid for separately.
5: Customer’s obligations
The Customer is obliged to:
5.1.
Declare to Stackt, in writing prior to removal, moving and/or storage of Goods, the value of such Goods in the form of a signed value inventory list before the removals take place (“Valued Inventory”). The value used is to be the current value as opposed to new or old value.
5.2.
If the Customer does not provide Stackt with a Valued Inventory of the Goods to be removed, moved and/or stored, then it is the Customer’s responsibility to arrange adequate insurance cover for those Goods against all insurable risks. Stackt’s liability is restricted to a maximum of £100 per Box/piece of furniture, for a total value of £10,000, as explained in more detail under Clause 10/ Clause 11 (Limited Liability for Storage/Limited Liability for Moving).
5.3.
If the Customer has not arranged for adequate insurance cover in those circumstances (including coverage for accidental loss or damage, and any damage caused by fire, lightning or explosions etc.) then the Customer is aware that they can still submit those Goods to Stackt as part of the Services but do so at their own risk and Stackt’s liability is limited.
5.4.
In the event that the Customer does submit such Goods, the Customer acknowledges that the restrictions on liability under Clause 10 and 11 shall apply alongside other additional relevant limitations of liability as set out in these Terms and Conditions and the Customer agrees that they are reasonable and enforceable.
5.5.
Obtain all documents necessary for the Services to be completed.
5.6.
If applicable, ensure that agreed inventories, receipts, bills or other relevant documents are authorised and signed on collection or delivery of the Goods.
5.7.
Be present, or represented by an authorised third party which has been notified to Stackt in writing in advance, throughout the course of the Services which includes both collection and delivery of the Goods and the End of Tenancy cleaning. In case the customer or the authorised third party were not present throughout the course of the service, Stackt will not be liable and will not accept any claims regarding the quality of the service. The Customer will arrange for proper protection of those Goods left in unoccupied or unattended premises, or where other people such as, but not limited to, tenants or workmen are present.
5.8.
Prepare all appliances or electronic appliances prior to their removal. Stackt will not be liable for any losses or damage, costs of any additional charges as a result of the Customer failing to discharge these responsibilities.
5.9.
Empty, properly defrost and clean refrigerators and deep freezers. Empty your wardrobe, dresser, or shelves. Stackt is not responsible for the contents.
5.10.
Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
5.11.
Provide Stackt with the correct and up-to-date contact address and telephone number during the removal, transit and/or storage of the Goods, and respond promptly to any communications made to them by Stackt.
5.12.
Stackt reserves the right to cancel or postpone the Services if the Customer cannot be contacted within 30 minutes from the arranged time of service delivery. Time is of the essence, and Stackt reserves the right to charge its standard hourly fee for any delays caused by the Customer. Please ensure that you provide us with a valid telephone number, as we will use it to contact you on the date of service.
5.13.
The Customer will arrange appropriate transport, storage or disposal of Goods listed in Clause 6.
5.14.
Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
5.15.
Stackt will not be liable for any loss or damage, costs or additional charges that arise from the failure of the Customer to discharge these responsibilities.
5.16.
Prior to the conduction of End of Tenancy cleaning service, the following conditions must be met:
· The property needs to be fully vacated - no personal belongings should be left behind, all cupboards and drawers should be emptied, fridge and freezer should be defrosted and the property should be devoid of items except for the furniture that came with the tenancy.
· Utilities should remain active, as the cleaning team requires access to electricity and hot water.
All other services scheduled at the property, including but not limited to moving and maintenance, must be concluded before the cleaning service begins.
5.17.
If the conditions specified in clause 5.16 are not met, the End of Tenancy cleaning service will still be provided, however it will not qualify for the 72 hour reclean guarantee, which is outlined in clause 12.2
6: Excluded property – Goods not to be submitted for removals or storage
6.1.
Unless previously agreed in writing by a director or other authorised Stackt representative, the following items must not be submitted for removal or storage and will, under no circumstances, be moved or stored by Stackt. The items listed under Clause 6.2 below may present risks to health and safety and of fire.
6.2.
Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
6.3.
Items listed under Clauses 6.3.1 to 6.3.6 (inclusive) below carry other risks and the Customer should make their own arrangements for their transportation or storage depending on the item classification.
6.3.1.
Items not accepted for both moving and storage:
a) Birds, fish, animals or any other living creature;
b) Explosives, weapons or ammunition;
c) Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents;
d) Chemicals, radioactive materials, biological agents;
e) Toxic waste, asbestos or other materials of a dangerous nature;
f) Any other toxic, flammable or hazardous substance or preparations, classified as such under any applicable law;
g) Goods which require special licence or government permission for export or import;
h) Medical needles unless properly protected in appropriate containers.
i) Any item which emits any fumes, smell or odour;
j) Goods which are environmentally harmful or that are a risk to the property of any person;
k) Stolen goods, drugs or pornographic material;Jewelry, furs, wines, spirits, watches, tobacco, cigars, cigarettes, trinkets, precious stones or metals, cash and the like, bullion, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind, prepaid phone cards and similar, bonds, fine art.
6.3.2.
Items permitted for Moving but not accepted for Storage:
a) Bottled and sealed household cleaners;
b) Sharp knives or other kitchen implements ONLY IF blade is fully protected with a suitable material;
c) All perishable goods and on-perishable food ONLY IF packed and sealed;
d) Liquids and semi-liquid foods in glass container;
e) Specialized equipment with electronic and/or fragile components;
f) Portable battery chargers, power banks or any similar portable power source;
g) E-Scooters, E-Bikes, E-Skateboards or any similar battery-powered vehicles;
h) Laptops, tablets, children's toys or other similar items containing built-in batteries;
i) Any Goods which are contaminated with food or any other substance which may deteriorate, rot, become mouldy or attract vermin;
j) Plants;
6.3.3.
Items that are not covered by Stackt insurance but can be moved and stored:
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 to You cannot be assessed on a financial basis;
Electronics such as TVs, computers and monitors and similar items; musical instruments.
7: Inspection of goods and disposal of certain goods
7.1.
Stackt reserves the right to open or inspect Goods to ensure compliance with Clause 6 above or in the interests of health, safety or security.
7.2.
If, on opening or inspecting the Goods, Stackt reasonably believes that the Customer is in breach of Clauses 6.1 to 6.5 above, or the Goods pose a reasonable threat to the health, safety and security of staff members, Stackt will be entitled (without prejudice to any other rights it has) to dispose of the Goods without compensation to the Customer, and to charge the Customer reasonable costs incurred for such disposal and for any damage or loss incurred as a result of such Goods.
7.3.
If the Customer submits such Goods without Stackt’s knowledge, Stackt will make them available for the Customer’s collection and, if they are not collected without a reasonable time, Stackt may dispose of any such Goods found within the consignment.
7.4.
The Customer agrees to indemnify Stackt against any charges, expenses, damages, legal costs or other forms of loss reasonably incurred by it in the disposing of such Goods (including any Court applications required to do so).
8: Ownership of the Goods
8.1.
By entering into these Terms and Conditions, the Customer guarantees that:
8.1.1.
The Goods which are to be removed and/or stored are the property of the Customer, free of any legal charges; or
8.1.2.
The Customer has full authority as the legal owner of the Goods, and from anyone who has legal interest in them, to enter into these Terms and Conditions and the Customer has made those with legal interests fully aware of the Services prior to entering into this agreement, and those with a legal interest in the Goods have consented to this.
8.1.3.
If, at any time following the implementation of these Terms and Conditions through to its termination, another person has or obtains an interest in the Goods the Customer will advise Stackt of their name and address in writing immediately.
8.2.
The Customer agrees to fully indemnify Stackt in respect of any claim for damages, loss or costs brought against Stackt if the Customer has not complied with Clause 8.1, or have purported to do so untruthfully.
9: No Assignment
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: Limited Liability for Storage
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.
10.8.
To ensure the timely return of your stored items, please provide us with a minimum of 3 working days' notice when you wish to end your storage period with us. This notice period allows us to arrange the necessary quotation and delivery. Failure to provide the required notice may result in delays, and Stackt cannot be held responsible for any inconvenience caused as a result.
11: Limited Liability for Moving
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: Limited liability for Cleaning
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: Damage to premises or property other than Goods
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 13.6, Stackt shall not be held liable for any such loss or damages attributable to this.
14: Additional exclusions of liability
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: Force majeure
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: Time limits for claims
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: Our rights to withhold or dispose of goods
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 holds and stores 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: Disputes
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: Sub-contracting
19.1.
Stackt reserves 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: Route and Method
20.1.
Stackt reserves the right to choose the method and route by which to carry out the Services.
21: Inventory
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: Entire agreement
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: Applicable Law
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: Payment Terms
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: Cancellation
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:
25.1.1.
Within 24 hours of the Services taking place: 50% of the total charge.
25.1.2.
On the day the Services start or at any time after the Services commence:100% of Stackt’s charges.
26: International Freight Forwarding
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.