Terms of Service (“Terms”) explain the rights, obligations and responsibilities of both parties (“Parties”) to this agreement (“Agreement”). Where we use the word ‘We’, ‘Us’ or ‘Our’ it means the “Service Provider” and its employees, agents or contractors and where we use the word ‘You’ or ‘Your’ it means the “Customer".
Special conditions for new Customers took effect from 12th March 2020, until further notice. Particularly those students signing up for the Home Student “Rescue Pack" and the International Student “Rescue Box" introduced as Caboodle's emergency response to the Covid19 exodus. A minimum duration of 3 months, minimum 3 boxes, minimum fees for Collect-from-my-Room of £120, failure to attend the Suitable Collection Point at the instructed time. For collect-from-my-room services we will collect only caboodle tagged items. Ordering Packing or Collect-from-my-Room will automatically opt you into our “permission to enter” agreement. Your ”permission to enter” agreement will allow us to collect your key from the Accommodation Manager and enter your room either attended or unattended. In university property, then we can only collect it while the premises remain still open. In private rented accommodation then we can collect the key from a safe designated place or holder before your lease expires. For pack services you must let us know what needs to remain in your room e.g. furniture. Caboodle will not clean or clear your room of unwanted items, organise a skip or remove trash, rubbish or waste, we will collect items for storage only. Any item left in a room in University or Private Accommodation may be subject to Landlord cleaning and clearance fees.
Please make particular note of Clauses 11 and 7. We limit or exclude Our liability for loss or damage. Whilst We do try Our utmost to look after Your Belongings both in transit and in storage, We cannot be 100% certain that the contents of Your Boxes will not be damaged. We believe that if your belongings are correctly, carefully and diligently packaged and are within the weight limits requested, they will not get damaged, this is why we only cover losses.
Under the terms of and subject to the conditions of the Caboodle Protection Plan, our liability is limited to £250 per Box as per clause 10 of our contractual conditions. In order to allow you to qualify for our insurance Customers should photo-catalogue all items in their caboodle Boxes and oversize bags. Call our Customer Service team on the number provided on Our Website for more information.
1.1. in this Agreement the following words have the following meanings:
1.1.1a. “Agreement” - the agreement entered into by both “Parties” for the provision of the “Service” on these Terms;
1.1.1b. “Item” is the collective term for any tagged item, including but not limited to Boxes, bags, carriers and Oversized items.
1.1.1c. “Tagged”, or "QR Tagged" is the term for any item which has a Caboodle readable dual RFID /QR coded sticker stuck on it.
.1.1.2. “Carrier” - the empty plastic "bag-for-life" supplied by Caboodle for the storage of Your Belongings;
1.1.3. “Box” - the full Plastic or cardboard boxes comprising Carriers supplied by Caboodle and packed with Your Belongings; "Boxes" a collective term covering all consignments consisting of 1 or more Box, Suitcase Bag or Oversized item;
1.1.4. “Customer” - the person or company who wishes to use the Service and enters into the Agreement and agrees fully to its Terms (including where relevant Your personal representatives, successors and permitted assigns);
1.1.5. “Bag” - the large sack-like plastic coverall bag into which You can drop suitcases, or other larger items not suited to storage in a Box. Suitcase Bags can be sealed, and activated in the same way as Boxes;
1.1.6. “Belongings” - the contents of the Box or Suitcase Bag, packed by You for storing by Caboodle;
1.1.7. “Parties” - the “Service Provider” and the “Customer”;
1.1.8. “Prohibited Belongings ” - those excluded Belongings listed in Clause 7;
1.1.9. “Service” - the services outlined in Clause 2;
1.1.10. “Service Provider” – Caboodle Store Limited (“Caboodle”) (a Company registered in England as Company Number 11231169 and with its registered office at Southernwood, Denbigh Road, Haslemere, Surrey GU27 3AP) who supplies the Service; and, or a subcontractor, courier, worker or agent deputised by Caboodle to cover paid services such as Packing, Collect-from-my-Room, collection not at the Suitable Collection Point or other services added or amended from tim-to-time.
1.1.11. “Standard Cover” - if You do not require Us to accept enhanced liability Our liability to You will be limited to £250 per Box or Bag; for items that have been photo catalogued only prior to being shipped to us
1.1.12. “Website” – Caboodle’s website with the URL www.caboodle.storage;
1.1.13. “Caboodle Protection Plan” – Our liability subject to the terms as displayed on the Website.
1.1.14. "Suitable Collection Point" - Boxes will be delivered, collected or retrieved to, or from, the ground floor external door to your property or designated address.
1.1.16. “Accommodation Manager” is the Landlord, key holder, accommodation provider’s agent, Facilities Manager or other who is lawfully able to provide access to the Customer’s room and with whom Caboodle will need co-operation and contact details to deliver the “Collect-from-my-Room” service.
1.1.17. “Collect-from-my-Room” is an additional paid service. It applies equally as an optional extra for Customers leaving before a collection can be arranged, or for Customers who cannot, or do not (for any reason) get their belongings to the Suitable Collection Point for the time issued by the Service Provider. The fee is £120.
1.1.18. “Pack & QR Tag” describes a Customer activity of preparing boxes for collection. Each box, bag or Oversized item must be packed into a box, carrier or bag and tagged with a Caboodle Tag. Oversized items must be wrapped and have a caboodle Tag applied. Packing is an additional paid service.
1.1.19. “Packing Service” is an additional paid service. It applies as an optional extra for Customers leaving without completing the “Pack & Tag” activity. For each item requiring a Caboodle agent to Pack, a charge of £20 per item will be incurred and billed for immediate payment.
1.1.20. “Unpaid Fees” fees unpaid for a period of 10 days or more will attract late payment fees and interest fees and ultimately, we may sell or dispose of goods to meet your debt. See Clause 2 for full terms.
1.1.21. “Permission to Enter Agreement” is automatically entered into if you select the Collect-from-my-Room or Packing Services. It entitles Caboodle to enter your room as instructed to carry out the services the Customer has ordered. See Clause 2 for full terms.
1.1.22. “Minimum Fee” is the amount that would have been charged to a Student Customer when storing any number of items, but a minimum number of 3 items, for a minimum of 3 months. The minimum fee will be calculated as 3 or more items for 3 months, plus the actual cost of couriers on top of the normal £8 per item. The Minimum Fee will be charged as a single payment prior to delivery of items. 1.1.22. If your designated address is a flat, apartment, communal living accommodation, halls of residence, or otherwise not on the ground floor, your Suitable Collection Point will be at ground level with a safe access point, such as the porter's lodge, post room, main entrance or reception you must make yourself available a this safe access point as failed deliveries or collections are chargeable at a rate of the £120 Collect-from-my-Room fee or incurred courier fees, whichever is greater.
2.1. The storage Service comprised of the following - we are a storage as a service and storage by the Tagged item, box, or Bag, provider:
2.1.1. The dispatch & delivery of plastic Carriers and suitcase Bags and strong 80 litre cardboard or plastic tote Boxes, or Bags, to Your premises (i.e. Your specified delivery address);
2.1.2. the collection of Boxes packed with Belongings from Your premises and delivery to Our centrally-located storage centres;
2.1.3. the safe and secure storage of the Boxes;
2.1.4. the retrieval of the Boxes to Your premises (i.e. Your specified return delivery address).
2.2. The delivery Service is available in the UK from Monday to Saturday and the Collection service is currently available from Monday to Friday.
2.3 all collections and deliveries are to the Suitable Collection Point, which may vary from the specified address, typically for students and Customers in communal accommodation.
Non Payment Default – RIGHT TO SELL OR DISPOSE OF GOODS
2.4. We take the issue of Prompt Payment very seriously. It is very important that You make Prompt Payment of each and every sum (including interest) whether invoiced or not, owing from You to Us from time to time under this Licence or any other agreement between You and Us (in this Licence called “Your Debt”).
2.5. If You do not make Prompt Payment of Your Debt, You agree that: 2.5.1 the Goods are left in the Room at Your sole risk;
2.5.2 without limiting Condition 2.5.1, We exclude any liability in respect of the Goods when payment of Our Licence Fees or charges is overdue; and
2.5.3 We may immediately exercise the lien described in this Licence (in particular in Condition 2.6).
2.6. A lien means that We have a right to retain the Goods until We have received full payment of Your Debt, and We may sell or dispose of the Goods as described below. We have a lien over the Goods for Your Debt until payment of Your Debt in full has been received by Us in cash, by bank transfer or, if by cheque, until the cheque has been paid by Your bank. The following Conditions apply to Our right of lien:
2.6.1 We are entitled to continue to charge You, and You shall pay Us, fees and charges at the same rates as under this Licence from the date Your Debt becomes due until payment is made in full or the Goods are sold or disposed of; and
2.6.2 in default of the Prompt Payment of Your Debt, You authorise Us:
188.8.131.52 to refuse You and Your agents access to the Goods, the Room and the Store, and to overlock the Room;
184.108.40.206 to access the Room and inspect and remove the Goods to another Room or Store; and
220.127.116.11 apply the Deposit against Your Debt and, if the Deposit is insufficient to clear Your Debt in full, to hold onto and/or ultimately dispose of some or all of the Goods as described in Condition 2.7 onwards, and You will be required to pay our costs of taking this action, including any costs associated with accessing the Room, cleaning the Room and disposing of or selling the Goods.
2.7. If Your Debt is not paid thirty (30) days after the Due Date or if You fail to collect the Goods after We have required You to collect them or if You fail to collect the Goods upon expiry or Termination Date of this Licence, subject to Condition 2.7:
2.7.1 We may sell the Goods as if We were the owner of the Goods;
2.7.2 We will pass all ownership to the Goods to the buyer;
2.7.3 We will use the proceeds of sale to pay:
18.104.22.168 first the reasonable costs incurred by Us in administering the debt collection and sale process. These costs will include (for example) auction costs, removal costs, cleaning costs and charges for Our own time;
22.214.171.124 secondly to pay Your Debt and to hold any balance for You. We are not required to give You any interest on the balance; and
2.7.4 if the proceeds of sale are insufficient to discharge:
126.96.36.199 all or any part of the costs described in Condition 188.8.131.52; and
3.1. When You decide that You want any of Your Boxes back You will be charged a retrieval fee, which is £8 per Box or item. Caboodle reserves to right to charge £10 an item returned if the storage is less than 3 months. There is the possibility to earn free returns. To find out more, see the FAQ's, or call our customer services team on 0203 976 7900.
3.2. Your Boxes will be delivered, collected or retrieved to the ground floor external door to your property (or in the case of flats, apartments of halls of residences, to the porter's lodge, post room or main entrance at ground level) on the date you have booked from your account page. The Boxes belong to Caboodle and our couriers will ask you to take the Carrier out of the Box and the driver will then take the Box away to be used again. You are entitled to keep the Carrier for Your own use.
3.3. You are also able to buy the Box at the current cost quoted on our website.
4.1. You agree to accept the Terms of the Agreement and the use of such Service will be taken as full acceptance of the Agreement.
4.2. We may vary the Terms of the Agreement when We consider it necessary to do so. However, We shall provide You with no less than 7 days’ notice (save where such variation results from a change in a law or regulation) by email and/or displayed on the Website. You are responsible for regularly reviewing these Terms and notices. Continued access to or use of the Service provided by Us after any such change shall constitute consent to such change. Unless explicitly stated otherwise, any new services or features that change or improve the Service shall be subject to the Agreement, as modified from time to time. If You do not accept the changes, You are entitled to terminate the Agreement as set out in Clause 16.
4.3. We may refuse to provide the Service where We consider that it may be used for any unlawful or improper purpose or any other reason or that it may be in breach or likely to be in breach of the Terms of the Agreement.
4.4. You warrant that you are at least 18 years of age and that the Belongings are Your own property or free of any legal charge or that You have the full authority of the owner to store the Belongings.
4.5. All times quoted by Us for delivery, collection or return delivery are estimates only and We shall not be liable for any delays whatsoever.
4.6. We have the right to cancel or delay a delivery or collection if this is caused by weather conditions, or any other reason such as limited access, that may result in putting Us in danger of injury.
4.7. We may specifically refuse to collect any Box if We consider that the Box has not been securely packed in accordance with the requirements of Clause 6.1.2, exceed the gross Box weight limit in accordance with Clause 6.1.3 or We have reason to believe that a Box contains Prohibited Goods as set out in Clause 7.
4.8. We may open a Box and inspect the Belongings without notification, or may refuse to store any Belongings or return to You at Your cost, if We have reason to believe that a Box contains Prohibited Belongings as set out in Clause 7 or are deemed to be likely to cause injury or damage or We are required to do so by the emergency services, local authority or by court order. If we do open any Box or carrier, we will ensure that this process is recorded for your security and our mutual satisfaction.
4.9. You must not offer the Service to any third party by way of sub-licence or any other means without Our express written consent, nor use the Service in an unlawful or fraudulent manner.
4.10. Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from the failure to discharge any of Your responsibilities set out within the Agreement.
4.11. We reserve the right to cancel an order due to unforeseen circumstances beyond our control. These include but are not limited to the Coronavirus COVID-19 and any significant impact on demand that deems it not possible to fulfill all orders. In such circumstances, we will notify customers and issue refunds where relevant.
5.1. Unless agreed by Us in writing, We will not:
5.1.1. Assist in the packing of Belongings;
5.1.2. dismantle or assemble furniture of any kind;
5.1.3. disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment;
5.1.4. deliver, collect of retrieve Boxes from anywhere other than the ground floor external door to your designated address. In the case of flats, communal living accommodation, apartments or halls of residence, a ground level and safe access point might include the porter's lodge, post room or main entrance reception failed collections or deliveries will incur additional charges.
6.1. It will be Your responsibility to:
6.1.1. Ensure that Your contact details, including email address and mobile telephone number, are up-to-date and accurate;
6.1.2. ensure that the Boxes have been securely and properly packed in compliance with any statutory regulations or recognised standards and in such condition as not to cause damage or injury or the likelihood of damage or injury to Our property or to any other Belongings, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
6.1.3. not exceed any Box gross weight limit shown on Your carton (or a maximum of 25kg per Box whichever is the smaller);
6.1.4. be present or represented throughout the agreed collection or delivery slot;
6.1.5. provide sufficient access to enable Us to carry out the required Service;
6.1.6. ensure that You or Your authorised representative sign for the Boxes when requested as confirmation of collection or delivery;
6.1.7. take all reasonable steps to ensure that nothing is collected in error;
6.1.8. inform Us in writing within 48 hours of any damage to Your Belongings or property that has occurred during storage, delivery, collection or retrieval;
6.1.9. arrange enhanced liability cover with Your home contents insurance provider for the Belongings as Our liability is limited under Clause 10;
6.1.10. You will be liable for any breach of H M Revenue & Customs regulations relating to Belongings stored and that You undertake to indemnify Us and keep Us indemnified against all actions, proceedings, costs, claims and demands arising out of any further breach, non-observance or non-performance of the same.
7.1. Unless previously agreed in writing by an executive director of the Service Provider, the following items must not be submitted for collection or storage and will not be moved or stored by Us:
7.1.1. HAZARDOUS, combustible, flammable, damaging or explosive Belongings, including liquids, chemicals, gas bottles, aerosols, paints, firearms and ammunition or any other material of a dangerous or toxic nature;
7.1.2. JEWELLERY, ivory, bullion, precious stones or precious metals;
7.1.3. ANTIQUES, works of art or collections of a similar kind;
7.1.4. MONEY, deeds, securities, coins, cash or negotiable instruments (including cheques and any vouchers with a face value);
7.1.5. POLLUTANTS that are likely to cause contamination, infestation or encourage vermin or other pests or emit fumes, smell or odour;
7.1.6. PERISHABLE items or those requiring a controlled environment including frozen or perishable food;
7.1.7. LIVING or dead animals, birds, fish, reptiles, plants or any other living organism of any type;
7.1.8. ILLEGAL or stolen goods, drugs, pornographic material or any goods prohibited by the law or regulation of any government or public or local authority or goods that require special licence or government consent for export or import.
8.1. Our standard charges are shown on the Website and include VAT at the current rate. Should the VAT rate change, the charges will reflect the change in VAT from the date the change takes effect.
8.2. We review Our charges periodically. We reserve the right to increase Our charges at any time on giving 30 days’ notice in writing on the Website and providing You with the opportunity to terminate the Agreement in accordance with Clause 16.
8.3. The charges are payable monthly in advance by debit or credit card.
8.4. The first month’s charge will be payable, and Your card debited, as soon as You order Your Boxes. However, the storage term only commences when the Boxes reach Our storage facility, which will normally be the day after the Boxes are collected from Your premises.
8.5. The second month’s payment will be debited in advance exactly one month after the initial charge and so on a strictly monthly basis.
8.6. If you secure a low initial price and enjoy the benefit of our lower for longer pricing, but subsequently fail to store your belongings for the agreed period, your final payment will be adjusted to the correct rate, and will incorporate a recalculated monthly amount, all payable prior to the return being made.
8.7. Each monthly period (irrespective of the number of days in the month) starts at midnight on the same day every month. Charges for the final month in which You request return delivery of a Box are always payable in full (and not on a pro rata basis).
8.8. An administration fee of £12 may be charged to cover the cost of each failed transactions resulting from the issuer of Your payment card refusing, for any reason, to authorise payment to Our bank account.
8.9. In respect of all sums that are overdue to Us, We will charge interest on a daily basis calculated at 12% per annum above the prevailing base rate for the time being of the Bank of England. This does not prejudice Our right to withhold or sell Your Belongings under Clause 13 or to any other remedy available to Us.
8.9. We reserve the right to apply additional charges resulting from:
8.10.1. A failed collection or delivery of a Box exceeding the weight limit (refer to Clause 6.1.3);
8.10.2. a failed collection or delivery or removal from storage of a Box containing Prohibited Goods listed in Clause 7;
8.10.3. a failed collection or delivery of a Box that has not been securely and properly packed (refer to Clause 6.1.2);
8.10.4. a failed collection or delivery due to You or someone authorised by You not being available at the premised at the specified time (refer to Clause 6.1.4);
8.10.5. a failed collection or delivery due to insufficient access or collection point away from the Suitable Collection Point (refer to Clause 6.1.5);
8.10.6. any other reason due to Your failure to fulfil Your responsibilities under the Agreement.
8.11.1. A non-return charge will apply if You order a box, which we then deliver to you, but you subsequently do not request collection for storage within 28 days. The box is then yours to keep. The current cost is available on Our Website.
8.11.2. If You order a spare box and do not need it, it can be returned to Us with Your filled boxes on collection day at no extra charge. This applies to orders of 5 or more boxes. The spare box cannot be returned for free at any other time.
8.11.3. If You would like to keep a box after You have used it for storage, just tick the box to confirm this in your account page when arranging the return of Your belongings. The current cost to keep a box after storage is available on Our Website.
8.11.4. We use Stripe (a payment provider who use the required Strong Customer Authorisation (SCA)) as our payments provider and therefore your use of our Service means that you in turn are agreeing to authorise Caboodle Store Ltd to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of your agreement with Caboodle Store Ltd.
9.2. You are responsible for keeping Your personal information including username and password confidential and secure and for contacting Us if You believe that Your security has been breached.
10.1. We do not know the value of Your Belongings therefore We limit Our maximum liability under Our Standard Cover to £250 per Box. We therefore recommend that You seek Extra Cover to adequately cover the value of Your Belongings.
10.2. On receipt of the Boxes, You must promptly examine the Belongings and notify Us in writing of any loss or damage to the Belongings within seven days of the return delivery of the Boxes and a claim submitted within 14 days.
10.3. Our total liability, per Box, resulting from any part of the Service (including the loss and/or damage of Belongings during collection, transit, storage or return delivery), in breach or otherwise of the Agreement or as a result of any negligence on Our part, shall not in any event exceed the lower of:
10.3.1. £250 and
10.3.2. the cost price of the Belongings .
10.4. We do not warrant that Our storage Centres are suitable for the storage of any specific type of Belongings .
10.5. However, nothing in these Terms shall exclude or limit Our liability for fraud, for death or personal injury caused by Our negligence, or for any other liability that cannot be excluded or limited under applicable law.
10.6. To the maximum extent permitted by applicable law We exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
10.7. We shall not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under the Terms or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
10.8. Whilst We endeavour to ensure that the information on the Website is correct, We do not warrant its completeness or accuracy; nor do We commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
11.1. You shall fully reimburse Us for any costs incurred by Us as a result of Your Use of the Service or any breach of the Agreement.
12.1. We shall not be in breach of the Agreement, nor liable for any failure or delay in performance of any obligations under the Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to any of the following:
12.1.1. Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster, viral pandemic;
12.1.2. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
12.1.3. terrorist attack, civil war, civil commotion or riots;
12.1.4. nuclear, chemical or biological contamination or sonic boom;
12.1.5. compliance with any law;
12.1.6. fire, explosion or accidental damage;
12.1.7. loss at sea;
12.1.8. extreme adverse weather conditions;
12.1.9. collapse of building structures, failure of plant machinery, machinery, computers, vehicles or the Internet;
12.1.10. any labour dispute, including but not limited to strikes, industrial action or lockouts not by employees of the Party claiming relief of the Party claiming;
12.1.11. interruption or failure of utility service, including but not limited to electric power, gas or water.
13.1. “Lien” is the legal right of the Service Provider to hold Belongings until the Customer has paid all outstanding charges.
13.2. We shall have the right to withhold and ultimately dispose of some or all of the Belongings if You fail to pay the charges and any other payments due under this or any other Agreement (see also Clause 8). While We hold the Belongings You will be liable to pay all charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These Terms shall continue to apply.
13.3. We will give You 30 days’ written notice requiring You to settle all outstanding sums due and re-arrange as necessary the return delivery of Boxes. If You have failed to do so, upon the expiration of this 30-day notice period, We shall be permitted to dispose of some or all of the Belongings by whatever means available to Us.
13.4. We will credit any excess as a result of the disposal of Belongings to Your account without interest less an administration fee of £25 and any other costs reasonably incurred in connection with the disposal. If We are unable to credit Your account and have made reasonable efforts to return the excess monies, upon giving 60 days’ written notice to You, We shall be permitted to keep the monies for Our own account.
13.5. If there is no excess monies as a result of the disposal of Belongings, We shall serve You a written notice to pay all outstanding monies due within 7 days and interest will continue to accrue as set out in Clause 8.8 until the balance is paid in full.
14.1. If You wish to cancel the Agreement prior to the dispatch of Boxes from our centre, You have the right to a cooling off period during which You can cancel within 14 working days of making the Agreement, in which case You must notify Us in accordance with Clause 16.
14.2. However, once Boxes have been dispatched to You, the service will have commenced on that date and You will no longer have the right to cancel the agreement without incurring the minimum 1 month storage charge.
15.1. We reserve the right to assign or sub-contract some or all of the work in the performance of Our duties and obligations to carry out the Service without removing any liabilities under the Agreement.
15.2. You shall not have the right to assign, sub-contract or sub-license in any way under the Agreement without Our prior written consent.
16.1. If payments are up-to-date, You may terminate the Agreement at any time by requesting the return delivery of all Your Boxes and paying the retrieval fees. The client is liable to charges for the term they committed to
16.2. We may terminate the Agreement for any reason by giving You no less than 30 days’ written notice.
16.3. We may terminate the Agreement with immediate effect by giving You written notice if Your payments are overdue or You are in breach of any of the Terms of the Agreement.
16.4. Following termination of the Agreement, if You fail to arrange the return delivery of Your Boxes within 30 days of termination, We reserve the right to dispose of the Belongings in accordance with the conditions laid out in Clause 13.
17.1. Any notice or other communication required to be given to a Party under or in connection with the Agreement shall be in writing and shall be sent to the other Party by pre-paid registered first-class post or email to:
17.1.1. (in the case of the Service Provider) the mailing address or email address on Our Contact Us page on the Website;
17.1.2. (in the case of the Customer) the delivery address or email address last registered (or updated) by You on the Website or as otherwise notified by You.
17.1.3. Any notice or other communication shall be deemed to have been duly received at 9.00am on the second business day after posting or transmission.
18.1. Third parties: A person or company who is not a Party to the Agreement shall not have any rights under or in connection with it.
18.2. Variation: Except as set out in the Agreement, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by a director of the Service Provider.
18.3.1. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and he validity and enforceability of the other provisions of the Agreement shall not be affected.
18.3.2. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.4. Waiver: A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a Party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
18.5. Feedback: We value customer feedback. This greatly assists Us to continually improve the Service. Therefore, where You provide feedback, You warrant that You own or otherwise control the rights necessary to do so and You grant Us and Our affiliates permission without compensation to use, modify, distribute, transmit, publicly display, sub-license, reproduce or sell such feedback.
18.6. Ownership of rights: All rights, including copyright, in the Website and the Service are owned by or licensed to the Service Provider.
18.7. Basis of the Agreement:
18.7.1. The Agreement constitutes an offer by the Customer to purchase the whole or part of the Service in accordance with the Terms.
18.7.2. The Agreement constitutes the entire agreement between the Parties.
18.7.3. You acknowledge that You have not relied on any statement, promise or representation made or given by Us or on Our behalf, whether negligently or not, which is not set out in the Agreement.
19.1. Any dispute between the Parties will be governed by the non-exclusive law and jurisdiction of the English Courts.
20.2 From time to time on www.caboodle.storage (the “Website”) we run promotions.
20.3 Only one promotion can be used per order. A promotion may not be used in combination with other promotions or used to collect reward points except where specified.
20.4 Promotional items that you purchase (either free of charge or at a proportional rate) do not qualify nor count towards your basket value in order to redeem further free promotional items. We reserve the right to cancel any order(s) which we deem to have attempted to purchase promotional items in order to increase basket size to qualify for further promotions. From time to time certain products may be excluded from current promotions and any such exclusion will be notified to you through a notice on the Website.
20.5 Excluded products will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
20.6 All promotions are subject to availability and while stocks last. We reserve the right to end a promotion at any time.
20.7 We shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
21.1 From time to time we may offer free gift promotions on the Website. In order to claim a free gift you must quote the relevant gift code when placing your online or telephone order. When shopping online, please enter the gift code in the ‘Promotional Offers’ box in your shopping basket and follow the on-screen instructions.
21.2 Delivery or postal charges may be payable by you in respect of free gifts and this will be made clear to you on the Website where the free gift is advertised.
21.3 Where a free gift is offered subject to a minimum spend requirement, VAT and supplementary charges (such as delivery, gift wrap or postage & packing) may still be payable and shall not count towards a minimum spending requirement.
21.4 If you qualify for a free gift by satisfying a minimum spend threshold and you decide to return some of the goods purchased (and not the free gift) and therefore reducing your order value below the minimum spend threshold, we reserve the right to charge full retail price for the free gift. This amount will be deducted from any refund due back to you for the returned items.
21.5 Similarly, where a free gift is offered subject to the purchase of a specified item, if you decide to return the specified item, you will need to return (at your cost) the free gift to receive a credit or refund otherwise we reserve the right to charge full retail price for the free gift and deduct this amount from any refund due back to you.
21.6 Gifts that are promoted within our catalogues are only available to the recipient of that catalogue and validation may be required before your order can be process.
21.7 Gifts are limited to one per customer per week unless otherwise stated. Only one gift can be claimed with each order and our gift coupons cannot be used in conjunction with any other special offers. We reserve the right to substitute with a product of equal or greater value in the event that stock of a selected gift item becomes unavailable.
21.8 Where possible free gifts earned will be dispatched with your order. If that is not possible we aim to deliver your free gift within 28 working days of you placing your order.
22.1 From time to time we may send you by email or post web-coupons. These are codes which you may input on our website to qualify for certain promotions. Web coupons are subject to theseTerms and Conditions and any terms and conditions notified to you at the time of issuance of the web-coupon.
22.2 A web-coupon is redeemed by entering its code at the appropriate point in the purchase process on the Website.
22.3 We reserve the right to withdraw or cancel a web-coupon for any reason at any time.
22.4 Web-coupons cannot be exchanged for cash or be used to purchase gift vouchers.
22.5 Unless expressly stated at the time of issue, each web-coupon will be valid for use by the recipient of the web-coupon and by such recipient only once and may not be used in conjunction with any other promotion.
22.6 In accordance with guidelines from HM Revenue and Customs, a web-coupon is treated as cash, therefore VAT is due on the full value of an order and you will be required to pay VAT on the full value of the order, unless otherwise stated in any termsaccompanying the web coupon.
22.7 Web-coupons may only be used at the Website.
22.8 From time to time certain products may be excluded from web-coupon offers and any such exclusion will be notified to you along with the web-coupon or through the Website.
22.9 Web-coupons may be limited to redemption in respect of certain products or certain products may be excluded from the ambit of use of the web-coupon, in which case notice will be given to you at the time of issue of the web-coupon.
22.10 Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
22.11 No web-coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission.
22.12 Web-coupons distributed or circulated without the written approval of Caboodle, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
22.13 When you use an web-coupon you warrant to us that you are the duly authorised recipient of the web-coupon and that you are using it in good faith.
22.14 If you redeem, attempt to redeem or encourage the redemption of web-coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
22.15 If we reasonably believe that any web-coupon is being used unlawfully or illegally we may reject or cancel any web-coupon andyou agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
22.16 If we refuse a web-coupon submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
23.1 We may mark products that qualify for discounts with a green tick next to the price in your shopping basket. Products which do not display the green tick are not eligible for further discounts.
23.2 Where an online offer states that a discount is given on a purchase up to a stated percentage, the discount given will only be applicable to qualifying products and the percentage of discount given will vary between qualifying products.
23.3 Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the promotion description.
23.4 Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
24.1 From time to time we run free to enter prize competitions on the official online properties such as website, social pages.
24.2 Competitions are open to residents of the United Kingdom who access the Website from the United Kingdom. All participants must be aged 18 or over (“Participants”). In consideration of us making the Competitions available to you, you agree to be bound by these Promotions Terms and Conditions.
24.3 Employees of Caboodle, its subsidiaries or affiliated entities and their immediate family members are not eligible to enter prize competitions.
24.4 All competitions will state the opening date and time and the closing date and time and the competition will only be open for that term.
24.5 All competitions on our Website are free to enter and, unless stated, there is no limit as to how many times a Participant may enter a single competition.
24.7 The winner will first need to qualify for the competition by passing the skill, judgement, knowledge test or by entering in accordance with the rules of the specific competition, the winner will then be chosen at random from those Participants who have successfully passed the skill, judgement or knowledge test (the “Winner”). Our decision is final and no correspondence will be entered into.
24.8 A Winner will receive the prize detailed on the competition entry page (the “Prize”). The Prize is non -transferable. There is no cash or other alternative. We reserve the right to substitute a Prize of like value in the event that the awarded Prize is unavailable for any reason whatsoever.
24.9 Winners of the competition will be notified by e-mail as soon as reasonably practicable after the competition has ended. Prizes will either be emailed to the Participant’s registered email address where the prize is a non-physical digital item (such as a web coupon) or sent to the Participant’s registered address.
24.10 Winners of the competitions may be displayed on the web site in the format title surname area e.g. Mr Jones from Birmingham. The winner may also be used in promotional activity across online and offline channels. You hereby consent to this use.
24.11 Competitions may be subject to additional rules. If so, these additional rules will be listed on the relevant competition entry page and form part of this agreement.
24.12 By registration on entry to the competition, Participants indicate that they have accepted these Terms and Conditions.
24.13 We accept no responsibility or liability for loss to any person or property relating to the award of any Prize save for death or personal injury caused by our negligence for which our liability is unlimited.
24.14 We reserve the right to cancel the award of the Prize at its sole discretion without prior notice if the Prize cannot be delivered to the postal address indicated by the Winner and is returned to us.
24.15 Should we cancel a win for the above reason or otherwise in our sole discretion no form of compensation will be offered to the Winner.
24.16 We will not be liable for any malfunction or event beyond our reasonable control which prevents entry to the competition or fulfilment of the prize. By participating in the competition Participants agree to this condition.
24.17 We will not be liable for any loss or damage to property whether material, financial or other which may occur when taking part in the competition.