In these terms and conditions, “we” “us” and “our” refers to Simpli-Store and “you”, “yourself”, “user”, “tenant”, and “customer” refers to yourself.
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Your access to and use of all information on this website including purchase of our product/s and service/s is provided subject to the following terms and conditions.
1. To access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are your own and accurate at all times and you undertake to update your registration details from time to time when they change.
3. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
4. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. All prices are in South African Rands (ZAR) and are inclusive of VAT. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
6. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
7. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
8. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
9. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
10. All prices are in South African Rands (ZAR) and are inclusive of VAT. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
11. When you order from us, we require you to provide your name, address, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
12. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
13. Title in the goods passes to you when we have received payment and handed over the goods to you. Our terms of payment are set out on the order page.
14. All risk of loss or damage to the goods passes to you when we have handed them over to you.
15. By proceeding to purchase through our website, you agree to and accept our lease agreement which will contain your details and your signature that you have completed during purchase which will be bound as a lease agreement between yourself and Simpli-Store.
16. Upon website payment and prior to occupation of the storage unit all initial amounts, as per your website order, will be due to Simpli-Store.
17. The monthly rental is payable strictly on or before the 1st day of every month (in respect of the ensuing month).
18. You must subscribe to a monthly card debit order through the website. It is your responsibility to see that there are sufficient funds in the bank account linked to the card used for the payment of the subscription, throughout the period of storage.
19. You shall pay us a late fee (“the Late Fee”) of 10% + VAT of the monthly rental fee (to be processed in the next monthly payment) for each card debit order subscription unpaid by the bank as a contribution towards Simpli-Store and the banks administration costs incurred in recovering such overdue payments. This amount excludes rent in arrear as a result of any default.
20. A copy of your lease agreement and monthly invoices can be obtained through your website account.
21. You shall pay Simpli-Store any legal and debt collection costs incurred by us in collecting overdue payments. We shall process all payments in accordance with the relevant credit card uploaded by you on the website.
22. In the event of VAT or any other form of taxation imposed or increased by statute or law, or any regional, local or competent authority being or becoming payable by us on the rental, than this tax shall be passed on to you.
23. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage or phoning us to log a return.
24. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase but excluding any other charges.
25. When you visit our website, we give you a limited licence to access and use our information for personal use.
26. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
27. Except as permitted under the Copyright Act 1978 you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
28. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
29. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
30. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
31. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
32. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
33. Any comment, feedback, testimonial, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
34. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
35. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
36. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
37. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
38. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
39. We shall not be liable to you or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with your use of the Unit or premises including (without limitation) loss of data, profits or custom and/ or business lost, whether foreseeable or not and whether or not in the contemplation of the parties at the time of the conclusion of this Agreement.
40. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
41. No oral statements made by Simpli-Store or its employees form part of the agreement. No failure or delay by Simpli-Store to exercise its rights under this agreement will operate to reduce those rights.
42. The goods are stored at the sole risk and responsibility of yourself who is responsible for any and all theft, damage to, and deterioration of the goods, and bears the risk of all damage caused by flood, fire, water, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason whatsoever including any acts or omissions of Simpli-Store or persons under its control.
43. Unless specifically covered by insurance, you must not store items which are irreplaceable, such as currency, gold, platinum, diamonds and any other precious metals or coins, jewellery, furs, deeds, documents, passports, driver’s license, or any other statutory documents, fire arms, paintings, curios, works of art and items of personal sentimental value. You must not store any drugs, living creatures, goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or food items or that are a risk to the property or any person.
44. You agrees to indemnify Simpli-Store from all claims in contract, delict or otherwise for any loss or damage to the property of, or personal injury to;
a. Third parties; and/or
b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by yourself including the sale or other disposal of the goods.
45. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
46. These terms and conditions are to be governed by and construed in accordance with the laws of Gauteng and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Gauteng and you agree to submit to the jurisdiction of those Courts.
47. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
48. You grant express consent under section 27 of POPI, that Simpli-Store may have access to your personal information held for the express purpose of [a] conducting any credit searches against you with any recognized credit bureau and [b] conducting any search/es of any criminal records to determine whether or not you have committed a criminal offence and/or whether you are the subject of any criminal investigations. Such consent is limited such that the results of the searches aforesaid are held confidential by us and shall only be disclosed to Simpli-Store and to no other party.
49. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
50. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
51. You shall provide us with the required documents in respect of the Financial Intelligence Centre Act 38 of 2001, from time to time and as required, including by way of the website and a failure to do shall constitute a material breach of this Agreement.
52. You acknowledges that:
a. All time limits imposed on you by the agreement must be complied with strictly.
b. All goods in the Unit are subject to a general lien for all rentals and any other amounts owing to us by you. In the event of the rental not being paid in full within 7 (seven) days after written notice requiring it be remedied, Simpli-Store may:
i. Without further notice or demand, to cancel this agreement (on notice to you to that effect) and without derogating from the rights of Simpli-Store to claim any arrear rentals and/or other amounts, payable to it and to claim and recover from yourself such damages as may be suffered in consequence of such breach and/or cancellation.
ii. Sell the goods by private arrangement or public auction to defray any unpaid rentals, or costs associated with collection of fees and/or costs associated with disposal of the goods; and/or
iii. Dispose of the goods in any other reasonable manner, as we see fit.
iv. Whenever it is necessary in terms of this agreement to determine the market value of the goods, such value shall be at the expense of yourself be determined by an appraiser appointed by us, whose valuation shall be final and binding on yourself.
v. Simpli-Store shall be entitled to deny or restrict access by you (or any person purporting to represent you) to the Unit.
c. If any money is recovered from the sale or disposal of goods, that money shall be applied as follows:
i. First, to pay the costs of and associated with the sale or disposal of the goods (including the cost incurred with respect to any valuation, legal costs, collection fees and as may in any other manner have been incurred by Simpli-Store by exercising its rights and/or enforcing its remedies in terms of this Agreement or at law);
ii. Second, all rental and other fees owed to Simpli-Store and any other costs incurred by Simpli-Store.
iii. Third, any excess will be paid over to you without interest.
53. Either party may terminate this agreement by giving the other party one month’s written notice as indicated on the front of this agreement, or, in the event of Simpli-Store not being able to contact the Tenant, the Alternate Contact Person identified on the front of this agreement.
54. If you do not vacate the Storage Unit on the last day of the Monthly Cycle, then this Agreement automatically renews for a further period of 1 (one) monthly cycle thereafter.
55. The credit card information provided by yourself on the website shall be used to process all payments in terms of this agreement and may be replaced or updated on the website by yourself from time to time. It is your responsibility to update any expired, lost, stolen or cancelled cards.
56. In the event that you do not provide a credit card on the website or that the credit card provided on the website has expired or been cancelled, we may terminate the agreement immediately.
57. In the event of illegal or environmentally harmful activities on the part of yourself, we may terminate the agreement immediately on written notice to you to that effect.
58. Upon termination, you must remove all goods in the Unit and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Simpli-Store on the date specified.
59. You must pay any outstanding moneys and any expenses on default or other moneys owed to us up to the date of termination, or the “Failure to Pay” clause will apply. Any calculation of the outstanding rental will be by Simpli-Store auditors as appointed from time to time, and such calculation will be final. If we enter the Unit under the “Failure to Pay” clause and there are no goods stored there, we may terminate the agreement immediately.
60. If you have paid more Unit rental and charges than are due at the date of termination of this Agreement, we will refund the balance to you after deduction of any payments due to us. No interest will accrue on any surplus money held by us for you.
61. Any notice to be given in terms of this agreement shall be sent by email to the details registered through the website. In the event of the Simpli-Store not being able to contact you, notice is deemed to have been given to yourself if Simpli-Store gives or makes reasonable attempts to give that notice by email, to your email address or to the Alternate Contact Persons as identified on the front of this agreement.
62. Wherever appropriate in this agreement – Words signifying singular shall include the plural and visa versa – Words signifying one gender, shall include the other – Words signifying a natural person, shall include persons of sex as well as firms, associations, companies, partnerships and corporate bodies. The titles and headings in this agreement are for purposes of references and convenience and must not be considered for purposes of interpretation.