General Terms and Conditions of MoveAgain AG
1. AREA OF APPLICABILITY
MoveAgain AG (hereinafter "MoveAgain") is operating an online platform for the arrangement of moving and cleaning services (hereinafter "Services").
MoveAgain wants to provide the customer with well performed relocations at an attractive price/performance ratio and to assist the customer during the entire process.
The contract is closed directly between MoveAgain and the customer. MoveAgain will find a professional moving or cleaning company for the customer (hereinafter referred to as "partner company"). MoveAgain is the main contact person for the customer before, during and after the service execution.
MoveAgain is also responsible for the payment transactions between the customer and MoveAgain as well as between partner companies and MoveAgain in order to keep the administrative effort for all parties involved as low as possible.
The current and future legal relationship between MoveAgain and the customer, who uses the MoveAgain website for the demand of services, is exclusively subject to the General Terms and Conditions (" T & Cs ") of MoveAgain in the latest version. By submitting an inquiry via the MoveAgain platform, the user accepts the full and binding nature of the current version of the Terms and Conditions. MoveAgain reserves the right to change these terms and conditions without giving reasons.
Regardless of possible translations of these Terms and Conditions, the version in German language is binding.
2. ORIGIN OF THE CONTRACT/PROCEDURE
The customer goes through the entire offer creation process and provides personal data as well as the inventory to be transported so that MoveAgain can create a corresponding offer. The customer will receive an offer from MoveAgain within a short period of time.
The contract is concluded when the customer activates the checkbox "I agree to the MoveAgain Terms and Conditions" on the website and clicks on "Book now". Alternatively, a contract can be concluded by e-mail or by phone. The confirmation email is archived or the call is recorded.
The customer is not obliged to accept an offer. No financial obligations for the customer are incurred by an offer that has not been accepted. If the customer accepts the offer, a contract is concluded according to the information in the offer.
All offers made by MoveAgain contain fixed prices which cannot be adjusted. An offer is valid for a maximum period of 5 working days (Monday to Saturday).
After successful registration of the customer, MoveAgain is entitled to send the customer newsletters and offers about moving and accommodation.
MoveAgain is neither responsible nor liable for any loss or damage incurred by the user in connection with the Terms and Conditions nor for any actions, negligences or errors of the partner companies.
3. CLIENT'S COMMITMENT / ADDITIONAL COSTS
The customer is responsible for ensuring a permissible parking or transfer point so that the partner company can reach the residential property as easily as possible.
The customer is obliged to provide accurate information. The offer will be created based on the information provided. If it is not possible to provide precise information in some respects, the customer must make a note of this in the comment field or mention it in a personal conversation.
If the customer intentionally or unintentionally makes a false statement or provides incomplete information and the partner company thereby incurs a considerable additional expense of at least 15% in m3 of the total volume, the following options are available:
- The partner company carries out the order to the extent agreed in the contract and does not incur the additional costs.
- The customer agrees in agreement with the partner company to pay additionally for the additional costs incurred. A form provided for this purpose must be filled out on site, which must be signed by both the customer and the partner company. This allows MoveAgain to send an adapted invoice.
- If the customer and the partner company cannot agree on one of the above mentioned options, the customer can refuse to accept the service. However, cancellation fees according to paragraph 4.2 will apply.
- If unforeseeable additional expenses occur during the service, for which neither the user nor the partner company is responsible, such as a sudden technical failure of the house lift, a fire, snow storms, or a road closure directly at the parking lot of the apartment, MoveAgain may invoice the additional expenses incurred after consultation with the customer and the partner company.
In case of a reduction of expenses, the customer is not entitled to a price adjustment.
4. DATE CHANGES AND CANCELLATIONS
4.1 Date changes
Changes of data can only be made with the agreement of both parties, the customer and MoveAgain, and must be confirmed in writing in advance.
For changes within 7 days until 48h before the scheduled start of the service, 100.00 CHF will be charged.
For changes within less than 48 hours before the scheduled start of the service, 50% of the total amount booked will be charged.
All changes of dates that do not fall within the above mentioned deadlines can be made free of charge.
The customer has the possibility to withdraw from the contract free of charge, provided the date of execution is at least 20 days in the future. Cancellations can only be made in writing.
For cancellations within 20 days to 7 days before the execution of the service, 50% of the total amount booked will be charged.
For cancellations within 7 days until 48h before the execution of the service 80% of the booked total amount will be charged.
Cancellations less than 48 hours before the scheduled start of the service will be charged 100% of the total amount booked.
The customer must review the items to be moved or the condition of the property which is to be cleaned immediately after the service has been provided. The customer shall sign an acceptance protocol on which visible defects are listed. Services or objects described as free of any defects in the acceptance protocol are considered to have been accepted without reservation. Any defects that are not immediately visible must be reported to MoveAgain in writing within three working days, including photos of the damage. It can be assumed that also defects that are not immediately visible in case of damages caused by moving or cleaning can be detected within this period.
After receiving the damage report, it will be checked by MoveAgain within two working days.
All warranty rights expire if third parties perform further work, such as painting or cleaning services, in the relevant property before MoveAgain enforces or clarifies the complaint.
Damages which are not immediately visible have to be reported to MoveAgain in writing within three working days. Photos of the damage must be enclosed, including bags and boxes.
The customer enters into a contractual relationship with MoveAgain. However, MoveAgain does not perform the services offered on its website itself, but arranges the orders to its partner companies. For this reason, MoveAgain is neither responsible nor liable for any loss or damage that may occur to the customer in relation to the Terms and Conditions nor for any actions, omissions or errors of the partner companies.
MoveAgain is only liable for unlawful acts or gross negligence. In particular, MoveAgain does not guarantee the uninterrupted availability of the platform and/or its services.
Each partner company engaged by MoveAgain must have a valid liability and transport insurance and is liable for damages caused by themselves.
However, the partner company is released from its liability if the fault is exclusively the responsibility of the customer. This also applies to any instructions of the customer, which are implemented by the partner company accordingly and then lead to damages.
The customer is obliged to clearly label and carefully pack all easily breakable and sensitive goods. In addition, the customer must explicitly point out these goods to the transport company carrying out the work. These include glass and porcelain products, lamps, computers and other entertainment media. If the customer fails to do so, the partner company is released from any liability in the event of damage.
7. PAYMENTS / PAYMENT METHODS
The customer can choose between payment methods:
7.1 Payment by credit card
When paying by credit card, the total amount agreed upon will be debited in advance by the payment provider engaged by MoveAgain.
7.2 Payment in advance
In case of payment in advance, the agreed total amount has to be transferred to the bank account of MoveAgain.
7.3 Payment by invoice after 01.11.2018
7.3.1 Payment by invoice with instalment facility (POWERPAY)
MF Group / POWERPAY offers the payment method " Payment by invoice " as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
When the purchase contract is completed, POWERPAY takes over the invoice claim that has been created and handles the corresponding payment arrangements. When purchasing by invoice, you accept the POWERPAY General Terms and Conditions in addition to our T&C. (powerpay.ch/en/agb).
You will receive the invoice free of charge by email. With payment by invoice you accept the Terms and Conditions of POWERPAY (powerpay.ch/en/agb), provided you have a valid email address.
7.3.2 Reservation of rights of ownership
Offsetting; right of withholding
(1) For consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the object of sale until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only be entitled to a right of compensation if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3) If the customer is in delay with any payment obligations towards us, all existing claims shall become due immediately.
7.4 Payment by invoice for bookings made before 01.11.2018
MoveAgain will issue these after the service has been executed. The invoice is due for payment in full within 14 days. The payment method payment by invoice does not exist for all offers and requires among other things a successful credit check by the payment provider engaged by MoveAgain.
If the customer does not meet his payment obligation, he will be in default without further reminder upon expiration of the payment deadline set for him and has to pay default interest of 8%. MoveAgain is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as further fees, especially the costs for a possible collection procedure. If the customer is in delay with any payment obligations towards MoveAgain, all existing claims will become due immediately.
The customer is only entitled to offset his own claims against MoveAgain if his due counterclaims have been legally established or accepted by MoveAgain in writing. Furthermore, the customer has a right of retention only if and as far as his counterclaim is based on the same contractual relationship.
8. MOVE OUT CLEANING
If the service booked through MoveAgain includes a move out cleaning, the partner company is obliged to be present at the apartment handover with the landlord or the administration. However, this only applies if the handover takes place immediately after the service has been provided.
If - due to the actions of the partner company - a subsequent cleaning is required, this shall not result in additional costs for the customer. The partner company must carry out the cleaning at its own expense to the full satisfaction of the landlord or the administration.
If the cleaning is rejected by the landlord or the administration, a copy of the complaint must be handed over to the partner company within 24 hours after the deadline.
Registered users can terminate their accounts by contacting MoveAgain directly and stop using the service at any time.
10. CONTENTS SET BY THE USER
Customers are responsible for their own and third party content that they share, upload and publish on or through MoveAgain or that they transfer by other means. Customers will indemnify MoveAgain for any liability or claim brought against MoveAgain in connection with the illegal distribution of third party content or the illegal use of the service.
MoveAgain does not moderate the content or links provided by users or third parties before they are published but will take appropriate measures if complaints are received from third parties or official orders are issued because a content is considered offensive or illegal.
The user grants MoveAgain all rights to the posted content in order to operate the MoveAgain platform as intended.
The user agrees to indemnify and keep exempt MoveAgain, its partners and employees of MoveAgain from all claims or demands (including reasonable attorney's fees) made by third parties in connection with the user's content or an illegal use of the service by the user which violates these Terms and Conditions or the rights of third parties.
11. UNAUTHORISED USE
The MoveAgain platform may only be used in accordance with these Terms and Conditions. Users are particularly not authorized:
- to reverse engineer, decompile, disassemble, modify or develop derivative works based on the MoveAgain platform or parts thereof;
- avoid technologies used by MoveAgain or its licensors to protect content that can be accessed through MoveAgain;
- use any robot or spider service, site search/retrieval application, or any other automated tool, process, or method to access, retrieve, scrape, or index any part of MoveAgain or its contents;
- to rent, lease or sublicense the MoveAgain platform;
- use the MoveAgain platform to harass, abuse, harass or threaten other people or otherwise violate the rights of any person;
- publish or distribute content that is unlawful, illegal, obscene, defamatory or inappropriate;
- use the MoveAgain platform in any other improper manner that violates these Terms and Conditions.
12. DATA PROTECTION DECLARATION
The basis for the use of data is the Federal Law on Data Protection (DSG). In addition, these T&C are supplemented by the company's internal data protection declaration.
13. LICENCE TO USE
All rights to the website of the MoveAgain platform including its contents are either owned by MoveAgain or have been licensed to MoveAgain by third parties. All intellectual property rights, such as copyrights, trademarks and other intellectual property rights, are the exclusive property of MoveAgain or its licensors. These contents may only be used by the user in connection with the use of the MoveAgain website or platform and may not be downloaded, copied, reproduced, distributed, transmitted, sent, presented, sold, licensed or used for any other purpose without the prior written consent of MoveAgain.
14. GENERAL PROVISIONS
The user may not assign any claims against MoveAgain to third parties without MoveAgain's written consent.
Changes and amendments of these T&Cs as well as collateral agreements must be in written form. This also applies to any change of this written form requirement.
If any provision of these T&C and/or collateral agreements is invalid in whole or in part, the validity of the remaining provisions remains unaffected. In this case, MoveAgain and the user agree to replace the invalid provision by a valid provision that comes closest to the economic purpose of the invalid provision. This also applies to contractual gaps.
Only substantive Swiss law is applicable to the contracts concluded with MoveAgain, excluding private international law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of MoveAgain. However, MoveAgain is entitled to sue the user at any other legal place of jurisdiction.
Last update: May 29, 2019