General terms and conditions V.1.1
These General Terms and Conditions (hereinafter “GTC”) apply to the easystock self-storage service (hereinafter “ES”). easystock is a limited liability company, registered with the Registre du Commerce du Canton de Vaud, no. CH-550-1044842-8. Clauses with important legal consequences for the customer are indicated in the margin by the F sign.
Section 1 GENERAL PRINCIPLES
Art. 1 Purpose of the contract
1 ES provides the customer with storage space for goods which the customer deposits there, without ES being aware of the nature of the goods, for an agreed period and against payment of a periodic fee.
2 The customer is obliged to use the assigned storage space within the limits of the storage unit(s) provided. It is forbidden for the customer to store goods outside the areas reserved for him, to make any modification or alteration not previously authorized by ES and/or to obstruct ES’s installations.
3 ES is authorized to assign a different storage space to the customer at any time, provided it is of equivalent size.
4 Please note that this self-storage contract cannot be considered as a deposit contract (as ES does not know the nature of the goods stored), nor as a lease contract (as the storage spaces cannot be used for housing or any other commercial purpose), nor as a safe deposit box contract (as the security of the premises is not guaranteed).
Art 2 F Prohibited storage
1 Storage space cannot be used for the following purposes:
a) For permanent or temporary accommodation of persons
b) For the on-site operation of any private activity (DIY, etc.) or commercial activity in the broadest sense (crafts, sales, services, etc.).
c) For the domiciliation of a natural or legal person
d) For the storage of materials or goods whose possession, storage or transportation is subject to specific public or private regulations or directives.
e) For the storage of plants or animals
f) For the storage of illegal or immoral materials or goods
g) For the storage of materials or goods that are perishable, odorous, dangerous, toxic, flammable, explosive, corrosive, radioactive or that may present a direct or indirect, immediate or long-term nuisance or danger to ES, its employees, the neighbourhood and the general public.
h) For the storage of all types of waste, particularly animal or organic waste.
2 In the event of improper use of the storage space by the customer, whether voluntary or involuntary, ES may terminate this contract immediately. The customer shall bear all costs associated with the intervention of the public authorities and/or any company responsible for removing the storage space. ES’s right to claim compensation for direct or indirect damage caused by this is expressly reserved.
Section 2 SERVICE PRICES AND INVOICING
Art. 3 Pricing basis
1 The price of the services provided by ES is indicated in the contract signed by the customer.
2 Unless otherwise stated in writing, all prices quoted are exclusive of VAT.
Art. 4 Monthly fees, allowances and expenses
1 ES invoices the following points:
a) Monthly fee. ES charges a monthly fee for the use of its storage facilities. This fee is payable in advance, on the 1st of each month. If the contract is terminated during the month, the fee for the entire month remains payable.
b) Compensation for illegal occupation of storage space. If the premises provided for storage are not vacated by the customer at the end of the contract, or if the customer fails to pay the monthly fees due. ES is authorized to invoice the customer, in addition to the outstanding fee(s), a compensation of CHF 20.00 per day of illegal occupation.
c) Cleaning costs. ES reserves the right to charge the customer for any costs incurred in cleaning the storage premises if they are not kept clean or are returned uncleaned at the end of the contract.
d) Evacuation costs. ES reserves the right to charge the customer for the cost of evacuating the premises if they have not been vacated by the end of the contract.
e) Compliance costs. ES is authorized to invoice the customer for the costs of any intervention by the public authorities if the premises do not comply or give rise to an Intervention.
2 If the monthly fee is overdue by more than 10 days, ES is entitled to charge the customer interest on arrears at a rate of 8% p.a. and a reminder fee of CHF 75.00.
Art. 5 Security deposit
1 A deposit, in cash or by credit card, is required on conclusion of the contract. It is poured by hand into ES. The amount may vary from case to case, at ES’s discretion.
2 The security deposit does not bear interest in favor of the customer. It is returned at the end of the contract, subject to any set-off against sums owed to ES by the customer.
Section 3 DURATION AND TERMINATION OF THE CONTRACT
Art. 6 FContract term and ordinary termination
1 All ES contracts are open-ended.
2 The minimum contract duration is one month. At the end of this period, in the absence of a written cancellation made within the period and in the form indicated in the following paragraph, the contract will be tacitly renewed for a further period of 1 month, and so on.
3 The party wishing to terminate the contract must inform the other party in writing within 15 days of the end of the month. In particular, the customer’s attention is drawn to the fact that the cancellation must be received by ES within the aforementioned 15-day cancellation period.
Art. 7 Early termination in the event of late payment of monthly fees and blocking of access to premises
1 If the customer is in arrears with payment of a monthly fee or other charges due to ES, ES will set a 10-day payment deadline in writing.
2 Failing full payment of all sums due within this period, ES may, alternatively or cumulatively
a) Block access to premises until all arrears have been paid in full
b) Terminate the contract with immediate effect, giving the customer 10 days to vacate the storage premises.
Art. 8 Early termination for just cause
1 ES is entitled at any time to terminate the contract immediately, without notice, if the customer acts in such a way as to seriously damage the interests of ES, in particular in the following cases
a) The customer shall make improper use of the storage space provided, in particular with regard to the prohibitions mentioned in Art. 2 CG above ;
b) The customer has made false statements about himself at the conclusion of the contract or subsequently;
c) The customer’s economic and/or commercial situation is deteriorating and/or likely to deteriorate significantly (e.g. in the event of an application to open composition or bankruptcy proceedings), and/or appears fragile (e.g. in the event of repeated late payment of overdue receivables due to ES).
d) The customer fails to take the necessary measures to ensure the security and integrity of stored goods and ES facilities.
2 In the event of immediate termination for just cause, ES sets a deadline for the evacuation of the premises. The customer also remains liable for payment of the fee until the end of the month in which he actually vacates the premises.
Read and approved (customer’s visa): _______________
Art. 9 Return of storage space
1 On termination of the contract, whether ordinary or early termination within the meaning of GTC art. 8 and 9 above, the storage space must be returned by 6:00 p.m. at the latest.
2 The premises must be returned in perfect condition, completely cleared and perfectly clean. Any damage will be invoiced by ES, as will cleaning if necessary. These costs may be deducted from the warranty.
Art. 10 Forced evacuation of storage space
1 F If the customer fails to vacate the premises on the due date, ES reserves the right, alternatively or cumulatively, to act or assert its rights as follows:
a) ES may charge the customer compensation for illegal occupation of the premises of CHF 20.00 per day, in addition to the monthly fee;
b) ES will be able to enter the customer’s storage space to inventory the goods there. ES may take advantage of a right of lien on them, in particular in order to guarantee payment of any debt owed by the customer if ES deems it necessary, ES may change the locks or access codes to the customer’s storage space;
c) ES may have the goods transported to the customer’s home or to any other place, private or public, at the customer’s expense and risk;
d) ES may use the customer’s goods freely and to the best of its ability, without any further formalities (private sale, compulsory execution, etc.);
e) ES may dispose of the customer’s goods at its own discretion.
2 The customer is solely responsible for the costs of evacuating the premises, transporting, dumping, restoring and cleaning, as well as any public law fees associated with the evacuation of the customer’s goods.
3 ES declines all responsibility for direct or indirect damage resulting from the evacuation of the customer’s property.
Section 4 INSURANCE AND SAFETY
Art. 11F Customer insurance
1 The customer is responsible for insuring the stored goods against theft, fire, water damage and damage caused by pests (rodents, insects, etc.).
2 Notwithstanding the above, the customer may request ES, in writing, to insure the stored goods itself against fire and water damage with the ECA. In this case, it is the customer’s sole responsibility to indicate the exact nature and value of the goods stored at the time the contract is concluded, and to inform ES of any changes in the nature or value of the goods during the course of the contract.
3 ES accepts no liability for any damage arising from inadequate or non-existent insurance cover.
Art. 12 Control and safety
1 The customer takes note that it is strictly forbidden to smoke within the perimeter of the ES Facilities and or to block access to the fire prevention and fire-fighting facilities.
2 The customer is obliged to take all necessary measures to ensure the safety of the stored goods and ES installations. If in doubt about the scope of this obligation, ask ES for advice or refer to its written guidelines. The customer is also obliged to report immediately to ES, in writing, any suspicious element or situation, any undue access to its storage space or to ES’s facilities, any theft or attempted theft and/or any other situation that threatens or could threaten the security of its storage space and/or ES’s facilities.
3 The customer authorizes ES to access its storage space at any time, in particular for the purpose of checking compliance with safety standards and the proper use of the premises.
4 The customer will be billed a minimum of CHF 250.00 for any fire alarm triggered intentionally or unintentionally.
5 Any damage, direct or indirect, incurred by ES, the customer or other depositors as a result of the breach of the above obligations, including negligence, will be borne exclusively by the customer.
Section 5 FINAL PROVISIONS
Art. 13 Limitations of ES’s liability
1 The liability of ES, its employees or agents is generally excluded for any damage arising from the services provided, in particular loss of property, subject to gross negligence or wilful misconduct as defined in Art. 100 para. 1 CO.
2 ES’s liability for gross negligence or wilful misconduct under Art. 12 al.1 CG above is limited to direct damage, usually and typically foreseeable in the type of case in question, and which cannot be remedied by the other party. In all cases, any liability for lost profit is expressly excluded.
3 The customer’s claims for damages become statute-barred one year after the date on which he became aware of the damage and the circumstances on which his claim is based.
Art. 14 Form of contract, nullity and interpretation
1 The contract between ES and the customer is governed by the provisions of the contract signed by the customer and these General Terms and Conditions. The contract must be in writing. Any modification or amendment to the contract between ES and the customer must be in writing to be valid. This also applies to an agreement waiving the need for written form. The total or partial invalidity of any of the provisions of this contract shall not affect the validity of the other contractual provisions.
2 In the event of any conflict between the provisions of the contract signed by the customer and these General Terms and Conditions, the provisions of the General Terms and Conditions shall prevail. Any information missing from the contract is supplemented by the General Terms and Conditions.
3 The French version of the General Terms and Conditions shall prevail over versions written in other languages, particularly in the event of a dispute over the existence of a clause and/or its interpretation.
Art. 15 Contract amendment and transfer
1 F ES has the right to modify the provisions of the contract signed by the customer, and these General Terms and Conditions at any time, subject to 30 days’ notice, sent to the customer by ordinary mail or e-mail. The modification is deemed accepted by the customer if he does not contest it by registered letter within 15 days of receipt.
2 If the customer does not accept the proposed change(s), he/she may terminate the contract by giving 15 days’ notice in writing by the end of the month.
3 The customer may not transfer the rights and obligations arising from this contract to a third party without the prior written consent of ES.
4 ES is authorized to transfer its contract with the customer to any entity of its choice. It will inform the customer by registered mail.
Art. 16 Miscellaneous
1 The customer must notify ES of any change of address in writing. Should the customer no longer have a known address, any notification made to the customer’s last known address will be deemed valid.
Art. 17 Applicable law and place of jurisdiction
1 The relationship between ES and the customer is governed by Swiss law.
2 Any disputes that may arise between ES and the customer will be brought exclusively before the competent courts in Lausanne, subject to recourse to the Federal Court in the cases provided for by law. However, ES reserves the right to take legal action at the customer’s domicile or before any other competent court, both in Switzerland and abroad. In this case, Swiss law will also apply.
easystock Garde Meubles
Read and approved (customer’s visa) : _______________
Terms & Conditions