ARTICLE I – PURPOSE OF THE CONTRACT
1.1. The Parties agree that the Contract is an agreement for the provision of a storage space, which is excluded from the scope of Decree No. 53-690 of September 30, 1953, regarding commercial leases, as codified in Articles L.145-1 and following of the Commercial Code.
1.2. The purpose of the Contract is to provide, under the conditions set forth below, by the Company to the benefit of the Customer, a storage space for Goods owned by the Customer. The Contract does not impose any obligation on the Company to guard, monitor, or maintain the Goods stored in the storage space.
1.3. Due to its nature, the Contract expressly excludes any commercial exploitation of a business or any connection of the storage space to the operation of such a business. Furthermore, the Customer is prohibited from engaging in any commercial, artisanal, professional, or other manufacturing or service activities within the storage space, nor can they claim any right to commercial property or to remain on the premises. Consequently, the address of the storage space cannot be used as a registered office, establishment, or commercial address for the Customer, nor can it be declared as such in the Commercial Register or the Directory of Trades.
1.4. The Customer is not allowed to forward their mail to the address of the storage space.
ARTICLE 2 – DESIGNATION OF THE STORAGE SPACE
2.1. The Company provides the Customer, who accepts it, with an exclusive storage space. The Customer acknowledges having visited the storage unit prior to contract signing and accepts its provision in a state of perfect hygiene and cleanliness. The storage unit is provided to the Customer without a padlock or key. The Customer is responsible for obtaining a padlock to secure it. The Customer is responsible for maintaining the storage unit; they shall ensure that it remains in a state of perfect hygiene and cleanliness throughout its use. Failure to do so entitles the Company to charge the Customer for cleaning and clearing services if the storage unit is returned in violation of these terms. The Customer further declares that the storage unit is suitable for the intended use, in compliance with these conditions of use.
2.2. Consequently, the Customer agrees to take the storage space as-is and not to demand from the Company, upon taking possession or during the term of the Contract, any modifications or additional equipment of any kind.
2.3. The Customer agrees not to hold the Company liable for any defects, visible or hidden, or any flaws in the storage space.
ARTICLE 3 – DURATION OF THE STORAGE UNIT RENTAL AGREEMENT
The provision of the storage unit is granted by the Company and accepted by the Customer for an initial minimum duration of 1 month, starting from the date of taking possession of the storage space. After this initial period, the contract will continue for an indefinite duration and can be terminated by regular mail or email at any time by either party with a notice period of 15 days.
ARTICLE 4 – PURPOSE AND CONDITIONS OF USE OF THE STORAGE SPACE
4.1. Purpose of the Storage Space
The storage space is provided to the Customer for the exclusive purpose of storing non-hazardous Goods.
4.2. Use of the Storage Space
4.2.1. The Customer undertakes to use the storage space as a responsible person and in accordance with the designated purpose stated in the Contract. Consequently, the Customer agrees not to engage in any noisy, dangerous, inconvenient, unsanitary activities, or, in general, any activities that are harmful or that would adversely affect the storage space, other storage spaces within the Facility, as well as the Facility itself.
4.2.2. The Customer expressly agrees not to use the storage space to store plants, living or deceased animals, hazardous, illegal, inflammable, volatile, contaminating, toxic, explosive, radioactive, perishable, odorous, or, in general, any Goods that could damage or affect the storage space or the Facility in any way, as well as other goods stored within the same Facility. The Customer also agrees not to store Goods that require regulated storage conditions or possession of which is prohibited by the applicable laws and regulations in the French territory. The Customer is informed that the provided storage space is neither heated, refrigerated, nor air-conditioned, and therefore, the Customer shall not store Goods that require specific temperature conditions. In general, all substances bearing the following symbols and/or subject to regulated storage conditions are prohibited:
GAS UNDER PRESSURE
DANGEROUS PRODUCTS FOR THE AQUATIC ENVIRONMENT
PRODUCTS HAZARDOUS FOR HEALTH
Mutagenic, respiratory, carcinogenic, risk for reproduction
HAZARDOUS PRODUCTS FOR HEALTH
Skin Sensitivity, Inhalation, Eye Irritation
4.2.3. Furthermore, the Customer undertakes to take all necessary measures to store their Goods in accordance with applicable safety regulations, as well as all rules and instructions provided by the Company regarding safety, fire prevention, or general access to the Facility. The Customer shall particularly ensure that their stored goods are not hazardous or pose risks to the Facility’s environment. Additionally, the Customer agrees to:
- Provide evidence of fulfilling their obligations whenever requested by the Company.
- Replace any Goods damaged due to their actions or repair any damage caused to the storage space, any other storage spaces, the Facility, or the Goods of other occupants of the Facility, or reimburse the Company for any expenses incurred due to damage caused by the Customer.
4.2.4. Furthermore, the Customer agrees to keep the storage space in impeccable condition and to promptly inform the Company of any damage occurring within the storage space, regardless of the nature or extent of the damage.
4.2.5. The Customer’s failure to comply with the entirety of the provisions outlined in Article 4.2. shall result in the immediate automatic termination of the Contract by the Company, with the rent paid for the current month and the deposit then remaining with the Company as a termination fee.
4.3. Access to the Storage Space
4.3.1. The Company agrees to maintain free access to the storage space for the Customer. The Customer is the sole holder of the padlock and/or key to their storage unit. They are solely responsible for keeping their key and/or padlock secure and for maintaining the confidentiality of their personal access code. As a result, the Company is not liable for access to the storage unit by any third party with the Customer’s key, padlock, or access code, nor for any theft of goods and merchandise that may result from such access.
4.3.2. The Customer undertakes to ensure the security of the storage space and to keep it securely locked at all times, except when accessing or removing Goods. The Company is not obliged to verify whether the storage space is effectively locked.
4.3.3. The Company cannot be held responsible for any missing items that the Customer may observe within the storage space.
4.3.4. The Company may, after informing the Customer in advance through any means, enter the storage space in the following cases, notwithstanding the specific situations outlined in Articles 6 and 7 of the Contract:
- to verify that the storage space is not being used by the Customer in violation of their contractual obligations
- to perform repairs, maintenance work, or necessary modifications on the storage space.
The Company may also, without necessarily notifying the Customer, enter the storage unit in the following cases, including if necessary by unlocking the padlock:
- to verify, in case of legitimate doubt, that no hazardous goods are stored contrary to the provisions of Articles 4.2.2 and 4.2.3
- in response to requests from the Police, Fire Department, or Gendarmerie, or in compliance with a court decision
- in emergency situations that could cause damage to the storage space, other storage spaces, the Facility, or the property of other occupants of the Facility.
4.4. Receiving Goods
4.4.1. The Customer will personally handle the reception of any deliveries intended for them in a manner that does not inconvenience the Company or other customers within the Facility. Accordingly, the Customer agrees to be present to receive any deliveries destined for storage in the storage space, to ensure or arrange for the loading and unloading of Goods under their sole responsibility. In case of failure to do so, the Company reserves the right to refuse such deliveries.
ARTICLE 5 – FEES
5.1. Fee and Deposit
5.1.1 The provision of the storage space is agreed and accepted upon payment by the Customer, each month on the anniversary date of the contract, of a monthly fee exclusive of taxes, the amount of which is specified on the first page, to which the applicable VAT will be added. The Company will inform the Customer of any modification to the amount of the monthly fee, by ordinary mail, provided that a minimum notice period of thirty (30) days from the notification is respected. Such revision will take effect from the first monthly period following this notice, unless the Contract is terminated by the Customer in accordance with Article 3.
5.1.2. The Customer agrees to pay, upon signing the Contract along with the first fee, a deposit collected by the Company but not bearing interest. The deposit corresponds to one (1) month of the total monthly fee (including VAT) for the provided storage space. The deposit will be returned to the Customer within a maximum period of thirty (30) days after the termination of the Contract, after the Company receives payment for all amounts that might be owed by the Customer under the Contract.
5.2. Payment Terms
Each monthly fee must be paid by the Customer to the Company in advance on the anniversary date of the contract. In the event that payment of the fee by the Customer is rejected due to insufficient funds, the Company will be entitled to charge the Customer for all costs related to the unpaid amounts that it had to incur. After the initial period, which cannot be less than one (1) month, the Customer will be liable for a fee equivalent to their actual occupation of the storage space. Subsequently, the Company undertakes to refund to the Customer, prorated for each period of seven days of occupancy of the storage space, the fee paid in advance at the beginning of the period, provided that the departure notice has been properly submitted.
5.3. Late Payment Penalties
In case of non-payment of the fee by its specified due date, the Customer will owe the Company an automatic increase of 10% of the total unpaid fee including VAT (such penalty not being less than €10 including VAT as administrative fees), without prejudice to the Company’s right to terminate this Contract, in accordance with the provisions of Article 7. In the event of non-payment of the fee, the Customer is informed and agrees that they will no longer have access to their storage space, and in any case, they will not be able to remove the stored Goods from it, even if the Company has not terminated the Contract, as long as they have not paid the outstanding fees under the Contract. The Customer will regain full access to the storage space upon full payment of the fees and any other amounts owed under the Contract.
5.4. Collection Procedure
In the event that the Customer has not settled the fee within a period of thirty (30) days from the first missed due date, the Company may send the Customer a formal payment demand by registered letter with acknowledgment of receipt. This formal demand will be deemed to have been duly issued once sent to the last known address as provided in Article 13, without prejudice to the Company’s right to terminate the Contract.
5.5. Compensation to the Company
The Customer agrees to indemnify the Company for all sums incurred by the Company as a result of the Customer’s failure to fulfill the commitments made by them under the Contract.
ARTICLE 6 – RIGHT OF SUBSTITUTION
6.1 The Company reserves the right to substitute, during the term of the Contract, the designated storage space with a new storage space of equal size and equivalent service by providing written notification to the Customer with a notice period of fifteen (15) days. The Customer is solely responsible for relocating their Goods to the new storage space.
6.2. The right of substitution outlined in Article 6.1. may be applied, at the Company’s discretion, in case of the Customer’s non-payment of a single installment, under the conditions detailed below.
6.3. If, at the end of the notice period specified in Article 6.1., the Customer has not relocated their Goods to the new storage space, they authorize the Company to enter the storage space and remove all stored Goods to transfer them to the new storage space. The expenses related to the relocation of Goods resulting from this substitution of storage space are the exclusive responsibility of the Customer. The Customer cannot hold the Company liable in any way for any damage incurred by the Goods during this relocation, which is solely at the Customer’s own risk.
6.4. In the event of a substitution of the storage space, the Contract continues under the same terms.
6.5. In cases of force majeure (endangering the Facility, the Customers, the Company, in case of a disaster, etc.), the Customer authorizes the Company to enter the storage space and move the stored Goods without any prior notice, provided that the area of the new storage space is equal to or larger than the initial area. No liability can be attributed to the Company regarding the risks of relocating the Customer’s Goods, as the Company has done so for the collective benefit.
ARTICLE 7 – TERMINATION
7.1. In the event of the Customer’s failure to fulfill their obligations under the Contract, and subject to the application of Article 5.4, the Company may terminate the Contract automatically ten (10) days after sending a formal notice by registered letter with acknowledgment of receipt, which remains ineffective.
Upon termination of the Contract for any reason, the Customer must return the storage space on the effective date of termination in the same condition it was in at the time of possession, after the Customer removes all their stored Goods and their padlock granting access to the storage space. Failure to do so will result in the Customer being liable, for a period of occupancy of the storage space less than one month after Contract termination, for a penalty equal to ten percent (10%) of the last monthly fee exclusive of taxes per day of delay. For any occupation of the storage space after Contract termination exceeding one month, the Customer will be liable for the same penalty, plus the monthly fee until the complete removal of the stored Goods from the storage space. In any case, the Customer will owe the Company all fees due up to the date of Contract termination.
7.2. Furthermore, the Customer pre-authorizes the Company to enter the storage space and move all stored Goods if, after Contract termination, the Customer has not yet removed all their stored Goods from the storage space, or if the Customer remains unreachable. In such cases, the Company may, after assessing the Goods, relocate them, at the Customer’s sole risk and expense, either on the site where the storage space is located or at any other site of the Company’s choice. In the latter case, the Company must inform the Customer in the same manner as described in Article 5.4 of the Contract. In these situations, the Customer is informed that the stored Goods may be subject to forced sale.
7.3. Additionally, in the event of termination, the amount of the deposit referred to in Article 5.1.2 will be retained by the Company as a termination fee and initial damages, without prejudice to any other amounts owed, including any overdue fees, which may be pursued through legal means.
ARTICLE 8 – DECLARATIONS AND LIABILITY
8.1. The Customer undertakes to store in the storage space only Goods of which they have ownership. The Customer acknowledges that these Goods are stored under their sole responsibility, at their own risk, and at their exclusive expense. It is further specified that the Customer remains the sole custodian of the said Goods within the meaning of Article 1384 of the Civil Code.
8.2. The Customer will be held fully and exclusively responsible for:
- Any damage caused to the Goods or their destruction, which may result from theft, break-ins, destruction, or any other events occurring in the storage space.
- All damages caused to property or persons by the Customer or by persons designated by the Customer for receiving, loading, unloading Goods, or deliveries when using the handling equipment provided by the Company.
The Company is not under any obligation to monitor or safeguard the Goods and cannot be held responsible in any way for the damages described above. Furthermore, the Company cannot be held responsible for damages caused to the Customer by a third party under this contract. Finally, the Customer undertakes to indemnify the Company for any direct or indirect consequences arising from any claims brought against the Company by a third party regarding the Goods stored in the storage space by the Customer.
ARTICLE 9 – INSURANCE
9.1. The Customer’s subscription to an insurance policy is a crucial and essential condition for the conclusion of this storage space rental contract.
9.2. The Customer will personally handle all claims-related matters and their subsequent actions.
9.3. In all cases, the Customer will inform the Company of any incident within 24 hours of its occurrence.
9.4. The Customer agrees to comply with any requests from the insurer for assessments related to the evaluation of incidents.
ARTICLE 10 – LIABILITY LIMITATION
In the event of the Company’s liability being invoked and if it is proven, the Company shall only be obligated to compensate the Customer up to 50 euros per cubic meter.
ARTICLE 11 – CHOICE OF DOMICILE
For the execution of this contract, the Parties choose their respective domiciles as indicated at the beginning of this contract. The Customer agrees to notify the Company of any change in their domicile or registered office by sending a registered letter with acknowledgment of receipt no later than the fifteenth day following the day the change actually occurred. The Company also undertakes to inform the Customer by any means of any change in its registered office or of any event affecting the operation of its site. Any correspondence sent to the Customer’s address, as indicated in the Contract or modified in accordance with the above, shall be deemed to have been regularly dispatched to the Customer’s exact address.
ARTICLE 12 – JURISDICTION
In the event of a dispute related to the Contract, and if the Customer is a non-trader, the local Magistrate’s Court or Court of First Instance of the location where the Center is situated shall have sole jurisdiction. If the Customer is a trader, any dispute concerning the validity, execution, or interpretation of the clauses of this Contract falls under the jurisdiction of the Commercial Court of Boulogne-sur-Mer. In any case, the applicable law is French law.