GENERAL TERMS AND CONDITIONS OF BUSINESS (GENERAL TERMS AND CONDITIONS)
General Terms and Conditions of Business
Version from [01.06.2020]
Moveagain AG, [Helenastrasse 3, 8008 Zurich, Switzerland] (hereinafter "MoveAgain") operates an online platform for household-related services (e.g. moving, cleaning, painting, etc.) (hereinafter "Services").
These General Terms and Conditions (hereinafter "GTC") - together with the information provided by you in the context of the order as well as the MoveAgain offer - form the contract between MoveAgain and you for the provision of services and the use of the online platform. By clicking the checkbox ["I have read and agree to the terms and conditions"] you declare to have read, understood and accepted the terms and conditions.
If you conclude the contract on behalf of your employer or another company, you declare and guarantee that you are authorized to represent the company in question and to conclude the contract with MoveAgain including these terms and conditions on behalf of this company. MoveAgain may assume that you have the appropriate authorization, regardless of internal regulations or circumstances of the company concerned and commercial register entries and without further verification of the authorization. Whenever these General Terms and Conditions refer to "you", "you" or similar, this always refers to the company for which you act.
2. Conclusion of the contract
Based on the data you provide to MoveAgain (e.g. addresses, moving goods, size of the apartment, etc.) MoveAgain will prepare an offer and send it to you. The offer is valid for a period of 21 day. You are not obliged to accept the offer of MoveAgain. An offer that you do not accept does not create any obligations.
The contract is concluded when you click on "Book now" on the online platform and thus accept the offer of MoveAgain. Alternatively, a contract can be concluded by e-mail or by phone. The telephone conversation in this case will be recorded with your consent after you have been informed in advance.
The contract is concluded directly between MoveAgain and you. In order to provide the services, MoveAgain will involve a company (hereinafter referred to as "partner company"). There is no contractual relationship between this partner company and you. Accordingly, the payment for the agreed services is owed to MoveAgain and MoveAgain is your main contact person before, during and after the provision of services.
3. Your responsibilities
3.1 Handover and procedure for faults/damages
The services must be inspected immediately after performance (e.g. the transported household goods, the condition of the cleaned apartment, etc.) and accepted. Any visible defects or damage do not entitle the customer to decline acceptance. However, these must be listed in the acceptance protocol, which must be signed jointly with the partner company. Only services described as defective or damaged in the acceptance protocol constitute claimed defects or damage. All other services are deemed to have been accepted without reservation. Defects or damages that are not immediately visible must be reported to MoveAgain in writing within 3 working days after the provision of the service, including photos of the defects or damages. MoveAgain will examine the claimed defects or damages within 7 working days after their submission.
All claims will be considered invalid if further work (e.g. painting or cleaning services) is carried out by third parties in the property before MoveAgain asserts or clarifies the claim.
If an object (e.g. house, apartment, office, etc.) is handed over immediately after the services have been provided in the presence of the landlord or the administration and services of MoveAgain are relevant for this handover (e.g. cleaning of a moving house), the partner company in question must participate in the handover. If, due to the fault of the partner company, an improvement is necessary (e.g. a subsequent cleaning in case of a moving-out cleaning), this will be done free of charge. A copy of the complaints of the landlord or the administration has to be sent to Moveagain within 24 hours after the handover date.
Replacement, i.e. the involvement of third parties to repair defects or damages or in case of a service provision contrary to the contract, for which MoveAgain is responsible, is not allowed
3.2 Additional/reduced costs
The data transmitted to MoveAgain (e.g. addresses, moving goods, size of the apartment, etc.) must be complete and correct. If it is not possible to provide clear information in certain points, you must note this in the comment field or mention it in a personal conversation.
MoveAgain reserves the right to charge you for the additional expenses, in whole or in part, which are caused (i) by incomplete or incorrect data or (ii) by unforeseen circumstances (e.g. technical failure of the house lift, fire, snowstorm, road closure, etc.) If possible, MoveAgain will try to find an amicable solution with you. If you are asked by the partner company on site to fill in or sign a form for the documentation of additional expenses, you are obliged to do so.
In the event of a reduction in expenditure, there is no entitlement to a price reduction.
3.3 Further obligations
You are responsible for providing a permitted parking or transfer point so that the partner company can reach the property (e.g. house, apartment, office, etc.) as easily as possible.
4. Change/postponement of appointments and cancellations
4.1 Change/postponement of dates
Agreed deadlines (dates) for the provision of services can only be changed/postponed with the agreement of both parties. A confirmation from MoveAgain is required for the change/postponement of a date. The change/postponement of a date is associated with the following financial consequences:
- If an appointment is changed/postponed within a period of 7 days to 48 hours before the start of the service, you will be charged CHF 100.00
- If an appointment is changed/postponed within less than 48 hours before the start of the service, you will be charged 50% of the agreed price.
- All other changes/postponements of dates are free of charge.
Cancellations must be sent to MoveAgain in writing. Cancellations have the following financial consequences:
- Cancellations submitted more than 20 days before the scheduled start of the service are free of charge.
- Cancellations submitted within a period of 20 days to 7 days before the start of the service will be charged 50% of the agreed price.
- Cancellations submitted within a period of 6 days to 48 hours before the scheduled start of the service will be charged 80% of the agreed price.
- Cancellations submitted less than 48 hours before the scheduled start of the service will be charged 100% of the agreed price.
5. MoveAgain's liability
MoveAgain is liable for damages caused intentionally and by negligence. Any further liability is excluded as far as legally permissible. In particular, MoveAgain does not assume any liability in cases of circumstances of force majeure or for damages that can be attributed to or for which you are responsible. The latter also applies in case of any instructions from you, whose execution by the corresponding partner company results in damage. In cases of force majeure, MoveAgain is furthermore released from its obligation to perform.
All partner companies have liability and transport insurance. If possible, MoveAgain will assign its claims against the respective partner company to you, so that you can assert these claims directly against the partner company.
In case of relocation services, you are obliged to clearly label and carefully pack all fragile and sensitive goods. In addition, you must explicitly inform the partner company carrying out the move of these goods. These include in particular glass and porcelain products, lamps and computers. If you fail to do this, liability for damage to these goods is excluded.
6. Prices and payment
All prices are in Swiss francs (CHF) and include Swiss value added tax (VAT). The MoveAgain offers include fixed prices which cannot be adjusted. We reserve the right to make price changes and incorrect price information.
The following payment methods are available on the MoveAgain online platform:
When paying by credit card, the total amount agreed upon will be charged to your credit card by the payment service provider used by MoveAgain. Only the credit card providers listed on the online platform are accepted.
Pay in advance:
In case of payment in advance, the agreed total amount has to be transferred in advance to the bank account of MoveAgain.
The payment method "Invoice" is offered by the payment service provider MF Group/POWERPAY, which is engaged by MoveAgain. With the single invoice you can easily pay for the ordered services by invoice. You will receive the invoice free of charge by e-mail, as long as you have a valid e-mail address. If you do not pay within the given time frame, you will receive a monthly invoice with an order overview in the following month.
When concluding the contract with MoveAgain, MF Group/POWERPAY will take over the invoice claim that has occurred and handle the corresponding payment modalities.
You also accept the MF Group/POWERPAY GTC (powerpay.ch/en/agb).
7. Conditions for the use of the online platform
7.1 Customer account
In order to use the online platform and the services offered through it, you must create a customer account (registration). The information required for this must be complete and correct.
You are responsible for the access data for the customer account (login) and the associated passwords. This data must be stored carefully, protected from unauthorized access by third parties and not passed on to unauthorized third parties. MoveAgain has to be informed immediately if the data is lost. Any liability of MoveAgain is excluded.
You are obliged to keep your contract, invoice and email address in your customer account up-to-date at all times. The email address you provide and which is stored in your customer account is the primary delivery address. Accordingly, MoveAgain will send information relevant to the contract (e.g. invoices, reminders, changes in services and/or terms of contract, etc.) as a rule to this e-mail address or provide this information to the customer in another appropriate way (e.g. in the customer account). Information transmitted or made available in this way is considered to have been legally delivered.
If you want to delete your customer account, you can contact MoveAgain.
7.2 Guarantee and liability
The online platform, its contents and applications are created and maintained with the greatest possible care. However, MoveAgain does not assume any warranty or liability for the accuracy, completeness and up-to-date nature of the contents as well as for the availability and correct functioning of the online platform and its applications. In particular, errors in the description of the services offered and their prices are reserved.
MoveAgain also assumes no liability for the use of the online platform, its contents and applications. The information and expressions of opinion on the online platform (in particular those in the "MoveAgain Advisor") are not intended as a comprehensive or conclusive statement on the subject in question, do not constitute advice and may accordingly not be considered as a substitute for specific advice on a concrete individual case. Furthermore, they may only represent the opinion of the particular author, not also of MoveAgain.
Furthermore, liability for the contents as well as for the availability and correct functioning of the websites or online portals of third parties to which reference is made via links or in any other way or which refer to the online platform is excluded. The contents of the websites or online portals of third parties are external contents over which MoveAgain has no influence and for which MoveAgain is not responsible.
MoveAgain is also not liable for damages caused by viruses, hacker attacks or other manipulations of your device by unauthorized third parties. MoveAgain is not liable for the security of data transmission over the Internet.
7.3 Intellectual property
All intellectual property of the contents of the online platform and its applications (texts, trademarks, images, videos, layout, etc.) is owned by MoveAgain or the respective authorized third parties. All rights are reserved. Any use of any kind without prior explicit consent is prohibited. Quoting with correct references and setting links to the online platform is permitted.
7.4 Data protection
8. Further provisions
The transfer of the contract or the assignment or transfer of rights, obligations or claims resulting from it requires the written consent of MoveAgain.
You waive your right of set-off with respect to all claims against MoveAgain.
Changes and amendments of the contract concluded between MoveAgain and you, including these terms and conditions as well as any side agreements must be in written form. This also applies to an amendment of this written form requirement.
MoveAgain reserves the right to change these terms and conditions in the future without giving reasons. Existing contracts remain unaffected by such a change.
If a provision of these GTC or any side agreements is completely or partially invalid or ineffective, the validity and effectiveness of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid or ineffective provision by a provision which comes closest to the economic objective of the parties. The same shall also apply in the event of contractual loopholes.
9. Applicable law and place of jurisdiction
The contract between MoveAgain and you is subject to Swiss law. Exclusive place of jurisdiction is Zurich. Mandatory places of jurisdiction (e.g. for consumers the place of jurisdiction at their place of residence according to article 32 ZPO) are reserved.