Clauses subject to specific approval
Legal Business Name: Smoves di Francesco Nigro
VAT No.: 14838460963
Registered office: Viale Bligny 19A, 20136 Milan (MI), Italy
Contact: info@smoves.it
Website: www.smoves.it
Last updated: 19 September 2026
Pursuant to and for the purposes of artt. 1341 and 1342 of the Italian Civil Code, the Customer, after having carefully examined the Smoves Service Contract (Smoves Service Terms and Conditions), expressly and specifically approves the following clauses.
Scope and limits of the Service
art. 3.7 — weight limits and Smoves' right to refuse excess boxes and undeclared heavy items, or to accept them with a surcharge;
art. 3.8 — automatic month-by-month renewal of storage, for an indefinite period, until Full Redelivery;
art. 3.9 — exclusion of the Customer's access to the storage premises;
Booking
art. 4.8 — Smoves' right to refuse, suspend or cancel the booking even after confirmation, with return of only the amounts not accrued and exclusion of further compensation;
Prices, payment, automatic charges and refunds
art. 5.4 — standing authorisation for Smoves to charge the Stored Payment Method for the amounts due under the Contract, even in the Customer's absence;
art. 5.5 — timing and frequency of charges, including the recurring charge of the Fee for each Billing Period until Full Redelivery and the charge of the surcharges referred to in points 9.5 and 9.6;
art. 5.6 — criteria for determining the amount of each charge and adjustment of the Fee as the Space occupied changes;
art. 5.9 — failed charge: default interest, suspension of services and request to collect the stored Goods;
art. 5.10 — exhaustive cases of refund and exclusion of any refund, even partial, of the Fee for the current Billing Period;
art. 5.11 — 14-day term for the refund and exclusion of Smoves' liability for delays attributable to third parties;
art. 5.12 — partial refund in case of penalties, rescheduling costs or out-of-pocket expenses pursuant to artt. 6, 10 and 11;
art. 5.13 — Smoves' right to suspend the Service, temporarily retain the Goods and charge the documented costs in case of unfounded chargeback or suspected fraud;
Withdrawal, termination and rescheduling
art. 6.2 — Consumer's withdrawal: proportionate payment for services already supplied and consideration for Redelivery borne by the Consumer;
art. 6.3 — storage ends only with Full Redelivery; minimum 48 hours' notice for a Redelivery request, full or partial; 5 working days' term to avoid the charge for the following Billing Period; the Fee reduction takes effect after a Partial Redelivery; settlement due in case of exit before the Minimum Term;
art. 6.4 — sum equal to 30% of the consideration for a rescheduling after the first, or requested after the 48 hours preceding the scheduled date;
art. 6.5 — the booked Pickup cannot be cancelled and the consideration remains fully due, including where the Goods are not made available;
art. 6.7 — Customer's force majeure: only free rescheduling, without monetary refund;
Customer's obligations and declarations
art. 7.1 — Customer's obligations, non-compliance with which entails refusal of Pickup, surcharges or exclusion of liability: truthful description of Goods and access, preparation of the Goods under Annex B, making the Goods available at Pickup; effect towards the Customer of the Report signed by their delegate; presumption of knowledge of communications sent to the last email address provided;
art. 7.2 — Customer's indemnity in case of false declarations, breach of art. 8 or damage caused by their own Goods;
Prohibited items and items admitted subject to conditions
art. 8, Annex A and Annex B — prohibited items, conditions for admitted items and related consequences;
art. 8.3 — Smoves' right to refuse Pickup, without refund of the related consideration, in the cases provided therein;
art. 8.4 — Smoves' right to inspect a Package in the cases provided therein, even after it has been taken in charge;
art. 8.5 and 8.6 — Smoves' right to return, report to the Authority, secure or dispose of prohibited items, with documented costs borne by the Customer;
Pickup, Redelivery, retention and sale
art. 9.1 — risk borne by the Customer until effective hand-over;
art. 9.3 — evidentiary value of the Pickup Report; exclusion of verification of the content of closed boxes and of the operation of appliances;
art. 9.4 — 8-day term to dispute the Inventory;
art. 9.5 — adjustment of the Fee to the Space actually occupied, with tacit acceptance in the absence of withdrawal within 14 days;
art. 9.6 — surcharges for excess Goods, non-conforming access, unquoted Ancillary Services, waiting times and excess loading times; right to refuse performance;
art. 9.7 — Pickup in the Customer's absence: Report drawn up by the operator alone and tacit approval 48 hours after receipt; risk of Goods left unattended borne by the Customer;
art. 10.1 — exclusion of collection of the Goods by the Customer at the storage premises;
art. 10.2 — Smoves is released by redelivering to the person present at the indicated address, in the absence of a named representative;
art. 10.3 and 10.4 — evidentiary value of the Redelivery Report signed without reservations, and of the Report drawn up in case of refusal to sign;
art. 10.5 — failure to be present at Redelivery: consideration due, continuation of the Fee, new consideration for each further Redelivery;
art. 11.1 and 11.2 — Smoves' right of retention and lien over the stored Goods, with the Fee continuing to accrue during retention;
art. 11.3 — sale of the Goods in the manner set out in artt. 2796 and 2797 of the Italian Civil Code in case of persistent default;
art. 11.4 — donation or disposal, at the Customer's expense, of Goods with no commercial value;
art. 11.5 — presumption of abandonment of the Goods and related consequences;
Liability and complaints
art. 12.2 and 12.10 — Insurance: contractual compensation cap assumed directly by Smoves, within the selected level, for the storage period only;
art. 12.4 — exclusions of liability: Customer's packaging, inherent defects of the Goods, operation of appliances and data loss, disassembly and reassembly, prohibited items, untruthful declarations, content of closed boxes, delays, indirect damage;
art. 12.6 — 8-day forfeiture term from Redelivery for the complaint, and the obligation to note missing Packages and visible Damage on the Report;
art. 12.7 — obligation to document the Damage and keep the item, on penalty of forfeiture;
art. 12.8 — compensation commensurate with the use value of the item or the cost of repair;
art. 12.11 — express termination clause pursuant to art. 1456 of the Italian Civil Code;
art. 12.12 — liability limit during transport equal to 1 euro per kilogram pursuant to art. 1696 of the Italian Civil Code;
Suspension and amendments
art. 13.1 — Smoves' right to temporarily suspend Pickups and Redeliveries without any obligation to compensate;
art. 16.2 — Smoves' right to unilaterally amend, for justified objective reasons, the Fee and the conditions under artt. 5 and 6, with effect on ongoing relationships;
art. 16.3 — tacit acceptance of the amendments in the absence of withdrawal within 30 days of the notice;
Business Customers
art. 18 — differentiated regime for the Business Customer: exclusion of the right of withdrawal, Minimum Term settlement equal to the remaining Fees, default interest pursuant to Italian Legislative Decree 231/2002, and exclusive jurisdiction of the Court of Milan, in derogation from the Customer's forum.
