Art. 1 Scope and Subject Matter of the Agreement
1. These General Business Conditions (GBC) govern contractual relations between swissboxplus AG, Dufourstrasse 121, 9000 St. Gallen (hereinafter referred to as «swissbox+») and its customers (hereinafter referred to as the «Customer»). These General Business Conditions are an integral part of the Self-Storage Agreement.
2. The Self-Storage Agreement is an agreement under which swissbox+ provides customers with a storage unit for the individual storage of personal belongings, valuables and other items (self-storage) for an agreed period, subject to payment of the relevant commission fee.
3. This Agreement is not a deposit agreement (in accordance with Art. 472 et seq. of the Swiss Law of Obligations (OR)) and cannot be equated with it. swissbox+ shall not be liable towards the person using a storage room, the company shall not be aware of either the type or the condition of stored things. This means that swissbox+ shall not be responsible for return of the stored items.
4. This Agreement is not a commercial lease agreement (in accordance with Art. 253 et seq. of the Swiss Law of Obligations (OR)) and cannot be equated with it. The leased self-storage units are not intended to perform commercial activities and to be used for commercial purpose. The Customer shall not engage in commercial, industrial, craft, service or freelance professional activities in the storage room and/or areas of swissbox+. Therefore, the Customer shall not be allowed to formalize the legal address of an enterprise or a branch at the place of storage, as well as to install advertising signboards, explanatory plates or luminous signs inside the warehouse. Reproduction of music, dispensing of beverages and food as well as any activities relating to persons other than the Customer shall not be allowed.
Reproduction of music, dispensing of beverages and food as well as any activities relating to persons other than the Customer shall not be allowed.
The Customer hereby declares that the storage unit which is the subject hereof is neither required nor essential for the business activity. The provided storage unit shall be used only to store items that are generally allowed to be stored indoors.
The Customer hereby declares that the storage unit which is the subject hereof is neither required nor essential for the business activity. The provided storage unit shall be used only to store items that are generally allowed to be stored indoors.
5. The Customer shall not use the leased storage unit as residential premises or domestic compartment. Therefore, no residential regulations shall apply.
Art. 2 Term of the Agreement
6. The agreements concluded by swissbox+ are generally not limited in time, and unless otherwise specified, the minimum term is one month for perpetual agreements and two weeks for fixed-term agreements. Upon signing hereof, the parties may determine the storage unit lease period (fixed-term agreements).
7. In terms of fixed-term agreements, the parties may agree to extend an agreement for a certain period or into perpetuity with a 7 day notice sent before the expiration of the Term of the Agreement.
8. If either party is not willing to extend a fixed-term agreement for an extra period, it shall notify the other party in writing within 7 days before the end of the agreed term of such agreement. The Customer shall vacate the storage room completely before the end of the agreed term of the agreement.
9. If neither party extends/terminates (in accordance with point 10 above) an agreement by the end of its agreed term (in accordance with point 9 above), perpetual agreement shall be extended by default for one month in each case. If an agreement has fixed term, it shall be extended for two weeks in each case.
10. Shall the Customer not vacate the storage room on the last day of the agreed period, swissbox+ may also act in accordance with point 50 et seq.
Article 3 Fees
11. The storage unit shall be provided on a fee paid basis. The remuneration amount to be paid by the Customer under specific contractual relations shall be determined when entering into the agreement.
12. The Customer shall pay the fee for the entire period of use of the storage unit (monthly storage fee for perpetual agreements) in full at the start of the agreement. However, the parties retain the right to determine other payment methods.
13. swissbox+ retain the right to change the fee each time the agreement is extended. The Customer shall be informed thereof in writing, not less than 30 days prior to the change coming into force.
14. If the Customer fails to pay the fee on the due date or within the agreed payment period, the payment shall be deemed overdue. The Customer may be liable to pay dunning charges. The Customer may banned from access to the storage unit until all due and payable expenses are covered.
15. In case of a payment delay swissbox+ is entitled to bring agreement to an early termination (see pt. 50 et seq.).
16. Business customers, enterprises, and commercial customers shall indicate their status when registered. Business customers are required to pay VAT. swissbox+ shall have the right to impose VAT on such agreements at any time or exempt them from VAT. The Customer shall be informed thereof in writing not less than 30 days prior to the change coming into force.
Article 4 Security payment
17. When entering into the agreement, the Customer shall provide swissbox+ with a security payment in the amount of at least one monthly fee. swissbox+ retains the right to request a higher security payment. The security payment made shall not be subject to interest charge and be repaid to the Customer once contractual relations are terminated of and the storage unit is vacated.
Art. 5 Access to the storage unit
18. The Customer shall comply with all safety precautions provided by swissbox+, especially those relating to the access and opening and closing times of the building and the storage unit (in accordance with the rules of conduct provided to him/her or displayed on site). The Customer shall ensure that he/she is the only person who enters the building when the doors are opened. The Customer shall ensure that the doors and gates behind him/her are duly closed. In case any problem emerges, the security service shall be notified immediately by phone.
19. The key, access cards or codes shall be considered as personal items and not the subject to handing over. The Customer shall keep such items in a safe place and inform swissbox+ immediately in case of loss or theft thereof.
20. The building and storage facilities are accessible any day of the week. The Customer shall narrow down harmful effects and inconvenience caused to the neighbors. When delivering and removing things, the Customer shall observe the rest time adopted in this area. swissbox+ is entitled to change its business schedule at any time.
21. (Additional) obligations to comply with certain rules of conduct in accordance with the applicable rules of internal regulations are referenced as well.
Article 6 Storage Unit
22. The Customer shall use only the storage unit specified in the agreement and reserved for him/her, the Customer shall not be allowed to store goods in other rooms or to cross the specified boundaries of his/her storage unit. The Customer shall not modify the rooms, walls, room dividers, doors, electrical wires and all other furnishings of swissbox+. Also the Customer shall not be allowed to put stickers on the interior items of the storage unit, to provide them with or otherwise attach screws or nails, as well as to modify, damage or misuse interior items inside or outside the storage unit.
23. Only the storage of objects is permitted. Without obtaining a special permission from swissbox+ the Customer shall not perform any works or install machines and facilities requiring connection to electrical power within the storage unit provided to him/her.
24. The Customer shall keep the storage unit clean and tidy. In particular, the Customer shall not store objects that may affect the general condition of the storage unit, as well as objects that may impair items stored and owned by other customers.
25. The Customer shall ensure that automatic doors are not blocked and that common spaces such as corridors, doors, ramps and parking spaces are not blocked unless necessary. The use of such common premises is permitted only when loading or unloading the goods.
26. The Customer is absolutely forbidden to store hazardous, prohibited or highly valued objects or things, in particular, the following objects shall not be stored:
• living creatures of any kind, dead or living animals and plants;
• Weapons and ammunition of any kind;
• batteries;
• rubbish and waste of any kind;
• perishable, hazardous, toxic, flammable, explosive, radioactive, oxidizing, asbestos-containing, irritating, corrosive, harmful and polluting substances, materials or objects;
• Items interfering with the other customers’ use of the warehouse (e.g. due to odors, special hazards or moisture);
• Items prohibited by law or requiring special storage conditions provided by law;
• valuables, especially cash, precious metals, watches, pearls, gems, jewelry and pieces of art.
Storage of vehicles and parts thereof, especially tires/wheels, shall be permitted only subject to prior written approval of swissbox+.
27. The Customer hereby declares that he/she is aware of the list of prohibited items in accordance with point 28. The Customer shall ensure that the stored items are not damaged by circumstances such as moisture, vermin or rust.
28. The Customer shall be exclusively liable for the stored items and declares that he/she is the legal owner thereof.
29. Only the Customer has access to the storage unit.
30. swissbox+ employees may enter the storage department in case of reasonable doubts about its use in accordance with the terms and conditions of the agreement, in the event of any doubt as to the type of items in storage or in order to address the dangers to the items owned by the relevant customer or other customers, as well as in case of a general emergency, and remove items that may pose a risk to the building (especially the items described in point 28).
31. The Customer shall be liable for all damages that swissbox+ or other customers may suffer due to violation of these provisions.
32. Smoking is banned throughout the building. Fire extinguishers, escape routes and other fire protection systems shall be accessible at all times.
33. Leaving waste or garbage within the premises of swissbox+ is banned and will be charged.
34. The Customer shall be exclusively liable for the use of the transport equipment. swissbox+ shall not be liable in case of accidents or damage caused to the stored items due to the use of such equipment.
Article 7 Insurance and Liability
35. swissbox+ shall take all necessary and adequate measures to ensure safe and qualified storage conditions.
36. Thereto, the entrance and exit of the building are under video surveillance. The Customer may enter the building only using the access tools provided by swissbox+ (badge, card, key, chip or personal code). Each storage unit is equipped with a lock, which key shall be provided to the relevant customer.
37. The interior of the building is partially under video surveillance. However, the Customer is aware that such security precautions do not comply with those provided for safe deposit boxes.
38. The Customer shall notify swissbox+ immediately if the access items are lost or stolen.
39. swissbox+ shall not be liable for damages caused to the Customer’s stored belongings due to breaking in, destruction or other events occurred within the storage unit, building, premises or land plot.
40. swissbox+ shall not be liable in case of the following: loss, robbery, theft, fire, water damage or other harm caused to the stored items, as well as for other direct or indirect damage. This also applies to disconnection of monitoring systems and other technical systems.
41. swissbox+ shall not be liable to pay any difference between the value insured by the Customer and actual damage. swissbox+ shall not be liable shall the Customer have no insurance policy or if the insurance is incomplete.
42. The Customer shall forfeit the insurance coverage provided by a third-party insurance company through swissbox+ in case of more than 10 days late payment of the storage and/or insurance fee. The insurance terms are based on the current provisions of the insurance company.
43. swissbox+ shall be entitled to hold the Customer accountable for all damages caused to the company.
Article 8 Return of the Storage Unit
44. The Customer shall return the storage unit in perfect condition, cleaned and free of any objects and waste. The Customer shall be liable for any damage or cleaning works that may be required.
45. swissbox+ shall be entitled to report damages, disposals or a need in cleaning to the Customer within 7 days upon returning the storage unit. swissbox+ also retains the right to act in accordance with paragraph 11 and/or 53.
46. The security amount shall be repaid once the storage unit transferred and all access items and keys provided to the Customer returned. The Customer shall pay for a loss of access items or keys.
Article 9 Change of Address
47. The Customer shall notify swissbox+ of the change of his/her phone, address or email address in writing within 5 days. If the Customer fails to notify swissbox+ in due time, the company shall send all correspondence to the last known address.
Article 10 Non-compliance with the Terms of the Agreement
48. If the Customer fails to comply with the terms of payment as well as the terms of the agreement or the General Business Conditions, swissbox+ may notify the Customer thereof in writing. If the Customer fails to fulfill its obligations within 10 days after the reminder (as well as in terms of the internal code of conduct), swissbox+ shall be entitled to terminate the agreement with immediate effect. swissbox+ may also charge the Customer for early termination of the agreement. The fee for such termination shall amount to at least half of the monthly storage fee.
49. Once the termination notice by swissbox+ is received, the Customer shall immediately pay all the amounts owed and vacate the storage unit within the period specified in the termination notice.
50. In case the Customer no longer has a valid address, the termination notice shall be deemed delivered even in case of a failed sending to the last known address, thus the termination notice shall come into force immediately.
51. If the Customer fails to vacate the storage area on the last day of the specified period, swissbox+ retains the right to vacate the storage area on its own. In addition, the Customer shall be charged for the cargo transportation and liquidation. The fee shall amount to at least twice the monthly storage fee.
52. In case the Customer fails to pay the amounts owed, the parties agree that swissbox+ shall enjoy the right of pledge for the abovementioned items, which since that moment shall be deemed legally stored at swissbox+ and serve as a satisfaction of contractual requirements, in particular, ensuring compensation, penalties and recovery of losses.
53. swissbox+ shall be entitled at the expense and risk of the Customer store the items in another place or sell them immediately (at its discretion, in the procedure of private sale or debt recovery) to satisfy the claims, as well as dispose of such items in case of their low market prices or worthlessness.
54. Each return on sales shall be used to meet swissbox+’ requirements. The Customer shall also bear storage costs not covered by the sale of items, as well as costs associated with the sale or disposal. The Customer may request a refund of any surplus obtained from the sale and deposited in an interest-free account.
55. In case of a gross violation of the contractual obligations by the Customer causing imminent risks, swissbox+ retains the right to terminate the agreement immediately and act in accordance with point 53 et seq. In such case, swissbox+ shall also have grounds for immediate termination of the agreement (see pt. 50) and retains the right to act under paragraph 53 et seq.
Article 11 Miscellaneous
56. The Customer shall comply with all the terms and conditions set out herein, the internal code of conduct and the rules regarding access to the storage unit.
57. swissbox+ retains the right to modify these provisions and regulations on a unilateral basis in contextually appropriate ways, but in compliance with the terms agreed by the parties. In such case, the Customer shall be informed thereof at least 30 days before the changes take effect. If the Customer finds new General Business Conditions inappropriate, the Customer may terminate the agreement with 14 days notice.
58. This Agreement as well and the right for the storage unit shall not be transferred to third parties. swissbox+ retains the right to assign another storage unit of the same size to the Customer during the term of the agreement within 7 days upon notification of the Customer not disclosing the reason thereof. swissbox+ shall cover all the costs incurred due to the relocation of the objects.
59. The Customer acknowledges that it shall allow swissbox+ to access the storage unit for technical or maintenance purposes.
60. The Customer shall grant а permission to monitor the movement of people using surveillance cameras installed inside and outside the warehouse building. The Customer expressively agrees to collect, keep and evaluate the data recorded by surveillance cameras and access-control equipment of swissbox+.
61. Should one or more paragraphs of the GBC be invalid in whole or in part, the validity of the remaining provisions shall not be affected. In such case, the invalid provision shall be replaced by a new, legally permissible provision which comes as close as possible to the invalid provision in terms of its economic effect. If an invalid provision is not subsequently corrected, it shall be replaced by the corresponding provision of the law.
62. Swiss Law shall be the only applicable law. Disputes arising under or in connection with this agreement shall be settled by regular courts at the location of swissbox+ in St. Gallen, having the exclusive jurisdiction.
63. In accordance with Article 50 of the Insolvency Law of Switzerland (SchKG), the place of enforcement of the court judgment with regard to foreign customers shall be the location of swissbox+ in St. Gallen.
64. However, swissbox+ reserves the right to take legal action at the Customer’s place of residence or before any other competent court, both in Switzerland and abroad. In such case, Swiss law shall be also the only applicable law.
65. These General Business Conditions are an integral part of the Self Storage Contract.