Terms and Conditions

1. TERMS

1.1 The following are the terms and conditions on which we supply goods and/or services to our customers. Please read these terms carefully before you submit your order to us.

1.3 Privacy policy. In the course of providing goods and services to you we will obtain and keep personal data about you. Our privacy policy sets out how your personal data will be processed by us.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Pitboxx Ltd. Our registered VAT number is GB476564744.

2.2 How to contact us. You can contact us by telephone or email using the details on our website http://www.pitboxx.com

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us on the Storage Booking Form.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Orders for goods or services. Your initial order must be made using our Storage Booking Form. Further orders for additional goods or services can be made by phone or email.

3.2 How we will accept your order. Our acceptance of your Storage Booking Form will take place when we countersign the storage agreement. Orders for goods or services will be sent to you on a completed invoice detailing the goods or services you have requested. You will need to confirm that you accept the Purchase Order Form before we can begin to supply the goods or services to you.

3.3 We reserve the right refuse an order for any reason.

3.4 These terms apply to all the goods and services we supply. We do not accept any other terms in our contracts. Any amendments to these terms must be agreed by us in writing.

4. YOUR VEHICLE

4.1 “Your Vehicle” means the vehicle, if any, described in the Storage Booking Form.

4.2 It is a condition of the contract between us that either you are the legal owner of your Vehicle or you have the legal owner’s written permission to enter into an agreement with us to provide goods for or services relating to your Vehicle. If you are not the legal owner of your Vehicle you must inform us on the Storage Booking Form and you may be asked to explain your relationship to the legal owner of your Vehicle.

4.3 You agree that all documents and information you provide to us relating to your Vehicle are accurate and true. You are responsible for notifying us of any change to relating to your Vehicle, including the value.

4.4 Your vehicle is fully insured by us whilst in our care

4.5 When you deliver your Vehicle you must deposit one set of all keys for your Vehicle with us, including remote, alarm keys and tracker fob if the Vehicle has a tracking device fitted.

4.6 Before delivering your Vehicle to us you must remove all fuel or flammable material (except fuel in your Vehicle’s tank) and any dangerous, explosive or illegal items that are in or on your Vehicle. We reserve the right to remove and either dispose of or return, at your expense, any item or material, that we think might contravene this requirement. You will be responsible for any loss or damage we may suffer as a result of your failure to comply with this requirement.

4.7 Before delivering your Vehicle to us, you must remove from your Vehicle all personal items and items that do not form part of the normal fittings of your Vehicle.

4.8 We shall not be liable for any mechanical or electrical malfunction or failure while your Vehicle is in our custody.

4.9 We will maintain in force a policy of insurance (a copy of which is available on request) covering our potential liability to you for the loss of or any damage to your Vehicle caused by us or a 3rd party while in our custody. This clause does not relieve you of your own obligation to insure your Vehicle in clause 4.4.

4.10 You will be responsible for any losses suffered by us and any claims made against us as a result of you not owning your Vehicle or you otherwise not having the right to enter into this contract.

5. PROVIDING THE GOODS AND SERVICES

5.1 Delivery costs. The costs of delivery of any goods will be as stated in the quoted price.

5.2 We are not responsible for delays outside our control. If our supply of the goods or services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.

5.3 When you become responsible for the goods. Goods will be your responsibility from the time we either deliver the goods to you or we install the goods in or place the goods on your Vehicle, whichever takes place first. If we are storing your Vehicle at the time of delivery or installation of the goods, we will inform you that the goods have been installed or delivered and our responsibilities for storing your Vehicle (including the goods) will continue as laid out in the storage agreement.

5.4 When you own goods. You will own any goods supplied once we either deliver the goods to you or we install the goods in or place the goods on your Vehicle and we have received payment in full for those goods.

6. VEHICLE STORAGE AND TRANSPORTATION

6.1 You may ask us to store and/or transport your Vehicle. We operate a minimum storage period of four weeks. This clause 6 applies to our storage and transportation service.

6.2 We will store your Vehicle in our storage facilities in the manner described on our website and as agreed on the Storage Booking Form.

6.3 You must set out the required period of storage on the Storage Booking Form. This period may be extended by agreement between us on the same terms.

6.4 While your Vehicle is stored with us you may temporarily collect and return your Vehicle during business hours, notifying us at least 24 hours beforehand (9am – 5pm Mon – Fri, 9.00 – 12 Saturdays with notification by 12.00 the previous Thursday, excluding Bank Holidays). Sundays are by appointment. We reserve the right to refuse collection or drop off if payments are still in arrears. Temporary removal of your Vehicle from storage will not terminate the contract between us or affect the continued accrual of storage charges.

6.5 At the end of the storage period you must remove your Vehicle from our premises or ask us to transport your Vehicle from our premises on your behalf at our agreed transport rate.

6.6 If we have lawfully terminated the contract or if your storage period has expired and you do not reply to our request to remove your Vehicle we may store your Vehicle following termination at a premium rate of 1.5 times the standard storage charge and these terms will continue to apply. If you do not pay all outstanding payments owed and remove your Vehicle from storage during the additional premium rate storage period:

6.6.1. we will continue to notify you using the contact details you have given us of the outstanding payments owed

6.6.2. after 2 months we may notify you using the contact details you have given us that your Vehicle will be sold if you do not pay the outstanding payments and remove your Vehicle from storage.

6.6.3. after 3 months you accept that we may sell your Vehicle and keep all payments owed, overdue interest and our time and costs incurred in organising and executing the sale. In these circumstances we make no guarantee that your Vehicle will be sold at a reasonable or fair price.

6.7 We will arrange the transportation of your Vehicle to or from our storage facility from or to anywhere in the UK. You must supply us with an accurate address and any necessary directions to you or your Vehicle. We will then agree a date and time for delivery or collection with you.

6.8 We charge a fee for transporting your Vehicle. The fee will be based on the time spent to arrange and provide the transportation and the distance travelled.

6.9 If the transportation service is delayed as a result of something you do (such as providing the wrong or incorrect address or being absent at the agreed time of collection or delivery) then you will be liable for any costs or additional fees on a time and distance basis.

6.10 If the transportation service has to be rearranged due to a fault on your part we will charge you for the additional costs of having to reorganise it.

7. MAINTENANCE AND REPAIRS TO VEHICLE

7.1 You may ask us to maintain or repair your Vehicle. This service may include but is not limited to mechanical repairs, bodywork repairs and or valet and detailing work. This clause 7 applies to our maintenance and repair services.

7.2 We will provide you with an estimate for any repair and maintenance work in advance. We will not proceed with the work until you have accepted our estimate.

7.3 If while your Vehicle is being maintained or repaired other maintenance or repair issues arise which we have not quoted for, we will notify you with an explanation of the issue and an estimate for that work. We will not proceed with that additional work until you have accepted our estimate.

8. GOODS FOR VEHICLE

8.1 You may order goods for your Vehicle by emailing or phoning us. See clause 3 for further details on ordering goods from us.

9. OUR RIGHTS TO MAKE CHANGES

9.1 Minor changes to the goods or services. We may change the goods or services:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not negatively impact on our care of your Vehicle.

9.2 More substantial changes to the goods or services and these terms. In addition, we may make more substantial changes to these terms or the goods and services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for but not received.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: 28 days notice should be given to us in writing for early cessation of the storage contract.

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 15;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;

(c) If you have just changed your mind about the goods or services, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 12.6.

10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end when we receive a written communication from you informing us that you are ending the contract and we will refund you in full for any goods or services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the goods, services or these terms which you do not agree to

(b) we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed; or

(c) there is a risk that supply of the goods or services may be significantly delayed because of events outside our control.

10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods and services bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund once you have returned the goods to us at your expense.

10.4 No cancellation where repairs or maintenance are urgent. If repairs or maintenance to your Vehicle is urgent you agree that we may proceed before the 14 day cooling off period is finished and you will have no right to cancel.

10.5 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:

(a) services once these have been completed, even if the cancellation period is still running;

(b) services which you have agreed we may begin before the 14 day cooling off period is finished;

(d) goods which have been specially made to your individual specifications (for e.g. a personalised car cover) (“Personalised Goods”)

(e) any goods which become mixed inseparably with other items after their delivery such as vehicle parts or fuel.

10.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you do not have the right to change your mind, just contact us to let us know. We will refund any sums paid by you for goods or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract early.

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) By email. Contact us using the details provided on our website http://www.pitboxx.com or by replying to the most recent email you have received from us.

11.2 Returning goods after ending the contract. If you end the contract for the purchase of goods (this does not include any associated contract for services) for any reason after goods have been dispatched to you or you have received them, you must return them to us. You may not return Personalised Goods unless they are faulty.

11.3 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

11.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

12. OUR RIGHT TO END THE CONTRACT

12.1 We may end the contract if you break it. We may end the contract for goods or services at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to provide the goods or services;

(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for goods and services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES

13.1 How to tell us about problems. If you have any questions or complaints about our goods or services, please contact us. You can contact us through the details provided on our website or by emailing us.

13.2 Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods and services. Nothing in these terms will affect your legal rights.

13.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us or email us for a return label or to arrange collection.

14. PRICE AND PAYMENT

14.1 Where to find the price for the goods and services. The price of the goods and services (excluding VAT, which will be identified separately on the invoice) will be the price emailed to you. We take reasonable care to ensure that the price of the goods and services advised to you is correct. However please see clause 14.4 for what happens if we discover an error in the price of the goods or services you order.

14.2 Additional surcharge for high value Vehicles. An insurance surcharge may be applied to vehicles valued at £50,000 or more.

14.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we supply the goods or services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods or services in full before the change in the rate of VAT takes effect.

14.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the goods or services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.5 When you must pay and how you must pay. We accept payment by Debit Card, Direct Debit or bank transfer.

When you must pay depends on what you are buying:

(a) For storage services payment by you for the first month of storage of your Vehicle falls due upon acceptance of the booking by us. We operate a minimum storage period of 4 weeks.

(b) For transport services payment by you falls due upon acceptance of the booking by us.

(c) For shipping services we will invoice you and the invoice will fall due the day after an invoice is sent or given to you. Your Vehicle will not be collected unless you have paid in full. You will be liable for all charges arising from non-payment.

(d) For repair and maintenance services payment will fall due the day after an invoice is sent to you. Where goods are provided as part of maintenance or repair services to your Vehicle we will invoice the goods and services together once the work has been completed.

(e) For goods (not provided in the course of maintenance or repair services), you must pay for the goods when we accept your booking.

14.6 We can charge interest if you pay late. If any charges remain unpaid for more than 28 days we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.7 Non-payment. If invoices remain unpaid for 28 days, we may at our discretion decline to allow you to collect your Vehicle until all charges including any interest have been paid.

14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods or services as summarised at clause 13.2 and for defective goods under the Consumer Protection Act 1987

15.3 When we are liable for damage to your property. If we or our subcontractors are providing services to your Vehicle, we will make good any damage to your Vehicle caused by us or our subcontractors while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that are discovered while providing the services.

15.4 We are not liable for business losses. These terms are only for the supply of goods and services for domestic and private use. If the goods or services you order relate wholly or mainly to a business carried on by you then these terms do not apply to you. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 How we will use your personal information. We may use the personal information you provide to us:

(a) to supply our goods and services to you;

(b) to inform our subcontractors (for example shipping carriers or mechanics) involved in the provision of services or supply of goods to you;

(d) to give you information about similar goods or services that we provide. You may stop receiving this information at any time by contacting us.

16.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the goods or services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

16.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.

17. OTHER IMPORTANT TERMS

17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of your Vehicle.

17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service or goods, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. You can bring legal proceedings in respect of the goods or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods or services in either the Northern Irish or the English courts. If you live elsewhere in the European Union you can bring legal proceedings in respect of the goods or services in either the court in the country in which you reside or the English courts.

17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform. You can submit a complaint via their website at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.

These Terms & Conditions apply from 1/11/24.