1. DEFENITION

All terms, abbreviations and expressions used in capital letters in these General Conditions have the meaning indicated in the following list of definitions:

• Attachment or Attachments: the Property Regulations, the Form relating to the Processing of Personal Data, the Price List and the Extract of the Insurance Conditions;
• Goods : the Customer’s movable property stored in the Box;
• Box : the delimited and closed space specifically indicated in the Contract Form made available exclusively to the Customer for the storage of Goods. The term Box is also to be understood as referring to the hypothesis in which GSF makes more than one closed space available to the Customer;
• Customer : the natural person, firm, association or company that signs the Contractual Form;
• Access Codes : the codes provided to the Customer at the time of signing the Contractual Form, which allow access to the Property at any time;
• General Conditions : this document;
• Contract : the Contractual Form signed by the Customer, integrated by the General Conditions and the Attachments;
• Fee : the price of the Self Storage Services indicated in the Contract Form, payable by the Customer to GSF;
• Security Deposit : the sum of money provided for in the Contractual Form, which the Customer pays at the time of signing the same Contractual form, constituted to guarantee all the obligations arising from the Contract and the correct conservation of the Box in good condition until the end of the Contract as well as the absence of damage to the Property and equipment attributable to the Customer’s actions and fault;
• GSF : the company “GS FANTINO SRL”, with headquarters in San Miniato (PI), Frazione Ponte a Egola, Via Gioberti n. 10, tax code and registration in the Pisa Company Register no. 02420780500, REA n. 205813;
• Property : the property available to GSF in which the Self Storage Services are provided;
• Price List : the document containing the fees or criteria for determining the fees due for the Self Storage Services;
• Contract Form: the document signed by the Customer, with which the Self Storage Services are commissioned, containing the specific terms and conditions of these;
• Party and/or Parties : GSF and/or the Customer;
• Penalties : the sums provided for in the General Conditions owed by the Customer to GSF in the event of non-fulfillment or incorrect fulfillment of the Contract;
• Staff : employees and/or collaborators in various capacities of GSF;
• Property Regulations : the document that indicates the procedures that the Customer must observe to access the Property, introduce Goods and manage the Box covered by the Contract.
• Self Storage Services : the activities of making one or more Boxes available by GSF for the storage of Goods by the Customer and the activities ancillary thereto.

2. CONTRACTURAL DOCUMENT

2.1 The Contract consists of the Contract Form, the General Conditions and the Attachments.
2.2. The Contract is the only document that governs the contractual relationships between GSF and the Customer.
2.3 Any modification or addition, as well as any agreement different in whole or in part from the Contract will not be effective and binding in the.        relationships between GSF and the Customer, unless this is expressly agreed by the Parties in writing and signed by the same Parties, making specific reference to the clause of the Contract which it is intended to derogate or amend.
2.4 The Contractual Form and the Attachments constitute an integral part of these General Conditions and the basis for their interpretation and application.

3. OBJECT OF THE DOCUMENT

3.1 With the Contract, GSF undertakes, upon payment of the Fee and under the conditions specified below, to provide the Customer, who accepts, with the following Self-Storage Services:

• Having available a Box located in the Property, as indicated in the Contractual Form, suitable for the storage of the Customer’s Goods for the duration indicated in the Contractual Form.
• Having available, within the limits of GSF’s availability, transport trolleys and other materials suitable for loading, unloading and moving the Goods in the Property and their placement in/removal from the Box.

3.2 GSF will have the right to make any other Self-Storage Services available to the Customer, if present, accessible and operational within the Property. The payment for these additional Self Storage Services is not included in the Fee referred to in the Contract Form.

4. DURATION OF THE CONTRACT

4.1 The Contract has the duration specified in the Contract Form , a duration which in any case can never be less than 7 (seven) days, without prejudice to the right of GSF, upon request of the Customer, to grant exceptions to this minimum term at its sole discretion. of duration.
4.2 By 8.00 pm (twenty) on the day of expiry of the Contract, the Customer will be required to collect the Goods and completely vacate the assigned Box, giving prior notice to GSF by e-mail to [email protected] at the latest late on the 3 (three) days before the Contract expires. If such notice is not given or, despite the notice, the Goods are not collected and the Box is not released by 8.00 pm on the day of expiry of the Contract, the Contract itself will be considered tacitly renewed, under the same conditions, for a similar period , and so on at the end of each subsequent period.
4.3 The Customer who frees the Box from its Goods before the expiry of the duration period established in the Contractual Form or in any subsequent tacit renewal periods will in any case be required to pay the Fee due for the entire original or extended contractual duration period.

5. SECURITY DEPOSIT

5.1. To make the Box available for the period indicated in the Contract Form, the Customer is required to pay GSF the Fee indicated in the same Contract Form. The Consideration must be paid in full, in advance, upon signing the Contract Form.
5.2 If provided for in the Contractual Form, upon signing the Contract the Customer will be required to establish an interest-free Security Deposit in the amount indicated in the same Contractual Form, to guarantee the correct fulfillment of all contractual obligations, the conservation of the Box in good condition and damage possibly caused to the Property and/or the Box and/or the equipment owned by GSF due to the fault of the Customer.
5.3 The Security Deposit will be returned to the Customer at the end or dissolution of the Contract, for any reason, following verification of the correct fulfillment of all contractual obligations and subject to the absence of damage to the Property, the Box or the equipment, due to attributable to the Customer and provided that the Box has been returned free of the Goods and/or other things owned by the Customer.
5.4. For any contractual renewals, the Customer will be required to pay the entire Fee due for the renewal period, in advance and by 3.00 pm on the day preceding the original expiry of the Contract or its subsequent extensions.
5.5 GSF will have the right to modify the Price List at any time, notifying the Customer by e-mail or ordinary mail at least 30 (thirty) days before the moment in which such modification becomes effective. In this case, the Fee adjusted to the new Price List will apply starting from the first contractual renewal following the adoption of the new Price List, provided that such renewal occurs at least thirty days after the sending of the information relating to the adjustment of the Price List.
5.6 If the Customer does not accept the change in the Price List, he will be required to release the Box, free of people and things, within the final term of the Contract, original or extended, immediately following the communication of the change in the Price List.

6. ACCESS TO THE PROPERTY AND THE GARAGE – CLOSURE MEANS – SECURITY SYSTEMS

6.1 Upon signing the Contract Form and upon payment of the Fee and, if applicable, upon establishment of the Security Deposit, GSF will provide the Customer with the Property Access Codes which, for the entire period of validity of the Contract and until its expiry, original or extended or upon its dissolution, for any given reason, will allow the Customer on any day, within twenty-four hours, to access the Property in full autonomy, even with his own vehicle, and to the Box.
6.2 The Access Codes must be kept by the Customer with due care and diligence and cannot be communicated or transferred to third parties. The Customer will be liable towards GSF and other Customers for any negligent storage or improper use or transfer of the Access Codes.
6.3 Without prejudice to any prior authorization from GSF, it is prohibited to access the Property with vehicles with an authorized gross weight exceeding 350 kg.
6.4 Parking of the Customer’s vehicle inside the Property must be strictly limited to the period of stay of the Customer in the Property itself. Customer vehicles must be parked taking care not to hinder the parking and/or maneuvering of other vehicles inside the Property.
6.5 When the Customer is not present in the Property, the Box must always be carefully closed by the Customer using an appropriate padlock, which the Customer will be required to procure independently, without prejudice to the possibility of purchasing one from the Staff present in the Property during ordinary hours of office. It will be the Customer’s sole responsibility to ensure that, once the handling of the Goods has been completed, the Box door is carefully closed and secured by affixing the padlock.
6.6 It will also be the Customer’s responsibility to ensure that the closing means used are efficient and suitable for the purpose.
6.7 The Customer acknowledges that, as a complementary measure aimed at improving security inside and outside the Property and for the specific purposes of protecting the Assets, the Property is equipped with an external and internal video surveillance system, with exclusion of the space inside the Box. The presence of video surveillance cameras is indicated by signs placed inside the building, not necessarily near the cameras.

7. LOADING, UNLOADING AND HANDLING OF GOODS 

7.1 The Customer will, at his own expense and under his own exclusive responsibility, load, unload and move the Goods inside the Property until they are physically placed inside the Box.
7.2 For the loading, unloading and movement of the Goods, the Customer may use, within the limits of their availability and under its sole responsibility, the transport trolleys and other suitable materials made available to the Customers by GSF.
7.3 The Customer will be responsible for any damage to people and things caused during the loading, unloading and movement of the Goods, in this regard indemnifying GSF from any liability towards third parties.

8. RULES AND CONDUCT

8.1 When accessing the Property and/or the Box, the Customer must comply with the rules of the Property Regulations, in particular those concerning goods whose storage is prohibited, the safety, hygiene and fire prevention regulations applicable according to the current legislation and the further requirements that GSF staff should impart for the purposes of the orderly performance of the Self Storage Services and/or for the safety of the users of the Property, of the Property itself and of the related systems and equipment.
8.2 The Customer declares and guarantees that, when using the Box, he will comply with the rules of the Property Regulations and these General Conditions and that the Goods are in his legitimate availability. Furthermore, it acknowledges that GSF does not know, nor is able to know, the characteristics, type and value of the Goods, other than that declared by the Customer in the Contract Form.
8.3 The Customer will be solely responsible for any transgression of the rules of the Property Regulations, as well as for any act committed within the Property or harmful event occurring to people and/or property within the Property, by the Customer himself or by third parties to whom the Customer has allowed access to the Property.
8.4 The Customer is obliged to adapt his behavior to standards of diligence and prudence, so as not to cause damage to the structures and equipment of the Property and/or disturbance or damage to other Customers and their assets.
8.5 The Customer declares to have viewed the Box before it was made available by GSF and to have found it in good condition, free from apparent defects and suitable for the agreed Self Storage Services and, thus, to take delivery of it at any effective with the withdrawal of the Access Codes, from that moment becoming the custodian of the same Box and the Goods stored there.
8.6 The Customer must promptly inform GSF of any damage to the Property or the Box, whatever its importance, nature and cause.
8.7 The Customer undertakes to reimburse GSF for any costs incurred by the same for the repair of damage in the Box or in other parts of the Property which are attributable to the action and fault of the Customer or of persons for whom the Customer must be held responsible.
8.8 Upon termination or dissolution of this Contract, for any reason whatsoever, the Customer will return the Box to GSF, free from people and things, cleaned and in the same condition in which he received it. If at the time of return, the Box is damaged, the Parties will draw up and sign a report which will indicate the damage found to be attributed to the Customer’s fault.
8.9 If the Customer vacates the Box in the absence of GSF Staff, the latter, having carried out the reconnaissance of the Box as soon as possible, will communicate to the Customer in writing the presence of any damage and/or other irregularities, accompanying this communication with certified photographs the damages. Failure by the Customer to contest the damages found within 5 (five) days from the date of receipt of GSF’s communication will be equivalent to and will be considered as recognition of the same damages.
8.10 As a result of the provisions of these General Conditions and the Property Regulations, the Customer undertakes to indemnify and hold GSF harmless from all losses, damages, liabilities, costs, charges, expenses, including any legal fees, which may be incurred by GSF as a consequence of any failure by the Customer to fulfill the obligations undertaken with the signing of the Contract or of any violation of the declarations and guarantees referred to in this Contract, even in the event of compensation for damages claimed by third parties for any reason .

9. INTEND USE OF THE BOX

9.1 The Box must be used for the sole and exclusive purpose of temporary storage of the Customer’s Goods, without the presence of people and with an express prohibition to change this use.
9.2 The Box must be used in full compliance with the Property Regulations.
9.3 The Customer is prohibited from staying in the Property beyond the time strictly necessary to deposit, collect or move the Goods stored in the Box.
9.4 The Customer is prohibited from transferring all or part of the use of the Box to third parties, either free of charge or for a fee.
9.5 The Customer must maintain the Box with the necessary care and diligence, keeping it clean and tidy and promptly reporting to GSF any need for repairs.
9.6 The Customer is prohibited from making changes, innovations or internal transformations to the Box, to the Property, as well as to all the related systems.

10. REPLACEMENT OF THE BOX

10.1 During the Contract, GSF will have the right, for its own organizational needs and for better use of the spaces, to replace the Box assigned to the Customer with another of similar dimensions, without prejudice to the validity of all the other contractual conditions indicated in the Contract Form . In this case, the Customer will be required to, at his own expense and care, transfer the Goods to the new assigned Box within 10 (ten) days from the moment in which GSF requests it in writing.
10.2 Likewise, in the event of increased space requirements occurring during the Contract, the Customer may request GSF to replace the Box with another larger one. GSF will have the right, in relation to the spaces available at that time in the Property, to comply or not with the Customer’s request. If GSF is willing to grant the Customer a larger Box, the Parties will sign a new Contractual Form containing all the conditions already agreed upon, with the exception of the assigned Box, for the increased Fee due by the Customer from the day of replacement and for the any different value of the Goods.

11. CUSTOMER RIGHTS OF RETENTION – DEFAULT INTEREST – PENALTY

11.1. In the event of a delay in payments by the Customer lasting more than 8 (four) weeks from the contractually foreseen expiry date, GSF will be entitled to exercise the right of retention on the Goods, having hereby renounced any objection on the part of the Customer , until the Customer has repaid the GSF credits. To this end, starting from the 5^th (fifth) week following the expiry of the unfulfilled payment term, GSF will have the right to affix a second padlock to the Box, to prevent it from being opened autonomously by the Customer, at the same time sending the Customer a warning to comply pursuant to art. 1454 of the Civil Code. From the same term, GSF will have the right to disable the Access Codes delivered to the Customer.
11.2 If another 30 (thirty) days have passed without success, the Contract will be considered legally terminated pursuant to art. 1456 of the Civil Code and GSF, having hereby renounced any objection on the part of the Customer, will be authorized to proceed without further formalities to open the Box by forcing the Customer’s lock, removing the Goods and selling them freely or, if the sale of all or part of the Goods is not easy or convenient, placing them in landfill.
11.3 Any realization of the sale will primarily cover the unpaid Consideration. The Consideration not covered by the proceeds of the sale, the costs of selling and/or landfilling the goods and any credits from GSF as late payment interest and penalties will be charged to the Customer. Any surplus resulting from the sale will be returned to the Customer.
11.4 In any case, on the part of the Consideration not paid within the deadlines, late payment interest will accrue from the due date, which the Parties agree to adjust to the rate provided for by the art. 5 of Legislative Decree 231/2002 for the case of late payments in commercial transactions.
11.5 Furthermore, starting from the 31st (thirty-first) day following the expiry of the unfulfilled payment term, the Customer, for each subsequent day in which the Goods remain deposited in the Box or, in any case, in the Property, in addition to the Consideration that will accrue, even in the event of termination of the Contract, you will be required to pay GSF a daily late penalty of €5.00 (five/00) for each cubic meter or fraction of a cubic meter occupied, without prejudice to compensation for any greater damage.

12. GSF RESPONSIBILITIES

12.1 If during the Contract the uninhabitability or unsuitability for use of the Property or the Box is declared, for the possible consequent termination of the Contract, GSF will have to return to the Customer only the part of the Advance Consideration proportional to the lack of enjoyment, with the exclusion of any other reason for damage.
12.2 Except in the case of willful misconduct or gross negligence, GSF is exonerated from any responsibility for any shortage, lack, suspension or failure to provide electricity services, surveillance, etc., depending on even partial failures of the systems, pipes or appliances, whether internal or external, as well as from any other cause or reason. In such cases, any right of the Customer to demand and obtain compensation or compensation of any kind is excluded.
12.3 The Customer expressly exempts GSF from any liability for any theft, robbery, break-in, theft, damage, destruction or any other harmful event that may occur to people or things in the Box and/or in the Property, including, by way of example, and not exhaustive, the Customer’s Goods and the Customer’s own person.
12.4 In any case, GSF will be responsible only for direct damages suffered by the Customer and will never be liable for indirect and/or consequential damages.
12.5 Except in the case of willful misconduct or gross negligence, GSF’s liability towards the Customer will be limited and can never exceed the insured value of the Goods, as declared in the Contract Form.

13. INSURANCE

13.1 The Customer acknowledges that the Goods stored in the Box, for the entire duration of the Contract, including any renewals, enjoy insurance coverage against the risk of loss or damage to the Goods. The cost of this policy is included in the Fee, provided that at the time of signing the Contract Form the Customer declared that the value of the goods does not exceed 2,000.00 (two thousand/00) euros.
13.2 If the value of the Goods declared in the Contract Form is greater than €2,000.00, the Customer will have the right to increase the insurance coverage at his own expense.

14. ASSIGNMENT OF THE CONTRACT

14.1 This Contract is not transferable to third parties by the Customer.
14.2 The Customer hereby gives its consent to the transfer of the Contract in favor of companies owned, controlled or connected to GSF, to companies belonging to the same Group and, in any case, to transferee companies of the business branch managed by GSF in the ‘Immobile.

15. RESOLUTION

15.1 Pursuant to and for the purposes of article 1456 of the Civil Code , GSF will have the right to terminate the Contract, without the need for formal notice, in cases of failure by the Customer to fulfill one of the following obligations:

• failure to comply with clauses 7, 10, 11, 13 and 14 of the Property Regulations
• failure to comply with the remaining clauses of the Property Regulations contested in writing by GSF at least three times during the contract
• default by the Customer in the payment of the fee lasting more than 60 (sixty) days in accordance with the provisions of the art. 11.2;
• refusal by the Customer to replace the Space in accordance with the provisions of the art. 10.1;
• refusal by the Customer to access the Space by 050SPAZIO in the cases referred to in the art. 8.3.;
• declarations made by the Customer pursuant to this Agreement which prove, at a time subsequent to the date of signing and for any reason, to be untrue;
• supervening inability to act, total or partial, of the Customer.

15.2 In the event of termination due to non-compliance by the Customer, without prejudice to the rights and income accrued by GSF up to the time of termination and the penalties that will accrue even after such termination, it will have to provide compensation for all damages suffered by GSF.
15.3 In the event of termination of the Contract due to non-compliance by the Customer, the latter will be required to indemnify and hold GSF harmless from any damage or prejudice, of a pecuniary or non-pecuniary nature , that may arise as a result of the untruthfulness, inaccuracy or incompleteness of the declarations and/or or from failure to fulfill the obligations set out in the Contract.

16. APPLICABLE LAW AND JURISDICTION

16.1 The Contract is subject to Italian law.
16.2 Without prejudice to any mandatory jurisdiction by law, any dispute relating to the validity, resolution, execution or interpretation of the Contract or in any case connected with the same, is attributed to the exclusive jurisdiction of the Court of Milan, with express exclusion of any different alternative forum and/or competitor.

17. FINAL AND GENERAL PROVISIONS

17.1 The Parties recognize and mutually acknowledge that the Contract has novative effect with respect to any previous agreement reached between the Parties and having the same content.
17.2 Any tolerance by either Party of conduct carried out by the other in violation of the provisions of the Contract will not constitute, nor will it be interpreted, as a waiver of the rights deriving from the violated provisions, nor of the right to demand at a later time the exact fulfillment of all contractual terms and conditions.
17.3 The headings of the articles have been placed for the sole purpose of facilitating reading, and no account must be taken of them for the purposes of interpreting the Contract.
17.4 The Contract will be registered in case of use. The registration costs will be borne by the signing Party who is found to be in breach of the agreements contained therein.
17.5 Any communication required or permitted by the Contract must be in writing and must be delivered to the addresses listed in the Contract Form.
17.6 The Customer must promptly notify GSF of any change in any of the contact details indicated in the Contract Form.
17.7 The Customer’s personal data will be processed in accordance with the information delivered and signed by the Customer.
17.8 Should one of the clauses of the Contract be declared invalid, this ruling will not affect the validity of the other clauses of the same, which will be considered automatically amended in the manner necessary to make this clause valid and effective, maintaining its purpose.

REGOLAMENTO DELL’IMMOBILE

L’accesso all’Immobile, l’impiego dei Codici di Accesso, l’utilizzo del Box, degli impianti e delle attrezzature interne all’Immobile dovranno avvenire in conformità alle disposizioni delle Condizioni Generali. Il Cliente è tenuto ad osservare il presente Regolamento dell’Immobile.

1. Il parcheggio del veicolo del Cliente all’interno dell’Immobile dovrà essere strettamente limitato al periodo di permanenza del Cliente nell’Immobile medesimo. I veicoli dei Clienti dovranno essere posteggiati avendo cura di non ostacolare il parcheggio e/o la manovra di altri veicoli all’interno dell’Immobile.

2. È vietato l’accesso all’Immobili ad automezzi con automezzi di peso lordo autorizzato superiore a 3,5 tonnellate.

3. Quando il Cliente non sarà presente nell’Immobile, il Box dovrà sempre essere accuratamente chiuso a cura del Cliente mediante apposito lucchetto.

4. È obbligo del Cliente attenersi alle eventuali prescrizioni che il Personale dovesse impartire ai fini dell’ordinato svolgimento dei Servizi di Self Storage e/o per la sicurezza degli utenti dell’Immobile, dell’Immobile medesimo e dei relativi impianti ed attrezzature.

5. È fatto obbligo al Cliente di adeguare il proprio comportamento a norme di diligenza e prudenza, in modo da non recare pregiudizio alle strutture ed alle attrezzature dell’Immobile e/o disturbo o pregiudizio ad altri Clienti ed ai beni di questi ultimi.

6. È vietato fumare nel Box e in ogni area dell’Immobile.

7. Il Box dovrà essere utilizzato al solo ed unico fine di deposito temporaneo dei Beni del Cliente, senza permanenza di persone e con espresso divieto di mutare tale uso.

8. È vietato al Cliente trattenersi nell’Immobile oltre il tempo strettamente necessario a depositare, ritirare o movimentare i Beni depositati nel Box.

9. È vietato al Cliente depositare i propri Beni, anche in via temporanea, in spazi dell’Immobile diversi dal Box assegnato o, comunque, lasciare rifiuti di qualsiasi titolo nell’Immobile.

10. È vietato al Cliente svolgere nel Box qualsiasi attività o lavorazione diversa dal solo deposito dei propri Beni.

11. È vietato al Cliente di cedere in tutto o in parte il godimento del Box a terzi, sia a titolo gratuito, sia a titolo oneroso.

12. Il Cliente dovrà mantenere il Box con la cura e la diligenza necessaria, mantenendolo pulito, in ordine sgombro da rifiuti di qualsiasi genere e segnalando tempestivamente a GSF l’eventuale necessità di riparazioni.

13. È vietato al Cliente apportare modifiche, innovazioni, trasformazioni interne al Box, all’Immobile, come a tutti i relativi impianti.

14. È vietato introdurre nel Box:

• materiali o sostanze esplodenti, infiammabili, inquinanti, contaminanti, tossici, contenenti amianto o in qualsiasi modo pericolosi per la salute o l’incolumità delle persone;
• beni che costituiscano pericolo di danno per i locali o per gli altri beni depositati;
• prodotti o beni di qualsiasi tipo dannosi per la salute umana o animale;
• materiali o merci che potrebbero essere utilizzati per attività illegali o dannose;
• beni in cattivo stato di conservazione, maleodoranti o degradabili;
• prodotti contraffatti o che violino diritti di proprietà industriale o intellettuale;
• prodotti soggetti a embargo;
• prodotti alimentari di qualsiasi genere, freschi o conservati;
• specie animali, vivi o morte, o vegetali di qualsiasi genere;
• beni di provenienza illecita e/o comunque pericolosi o la cui detenzione da parte del Cliente sia vietata dalla legge, regolamento o ordine di Pubblica Autorità;
• valori, preziosi, denaro, titoli ed altri beni in ogni caso beni che abbiano un valore superiore all’importo assicurato.

Il Personale potrà chiedere di allontanare o provvedere a far allontanare dall’Immobile i beni sopraindicati, se già introdotti, a spese ed a rischio del Cliente.

Cologno Monzese, January 2023