General Conditions V.1.1

These General Conditions (hereinafter “GC”) apply to the self-storage service of EASYSTOCK (hereinafter “ES”). EASYSTOCK is a limited company recorded in the Trade Register of the Canton of Vaud, number CH-550-1044842-8. The clauses with major legal consequences for the customer are indicated in the margin by the sign F

Section 1 GENERAL PRINCIPLES

Art. 1 Contract Purpose

1 ES makes available to customers storage areas where they deposit objects themselves, without ES knowing the type of objects deposited, for an agreed period, in return for the payment of a periodical fee.

2 Customers are bound to use the assigned storage areas within the limit of the storage unit(s) placed at disposal. Customers are forbidden to store objects outside the unit(s) reserved for each, to make any modifications or adaptations that are not previously authorised by ES and/or to clutter ES installations. 

3 ES is authorised to assign to a customer, at any time, a different storage unit from that originally reserved for the latter, on condition that it is the same size.

4 It is specified that this self-storage contract shall not be considered to be a property storage agreement (since ES is unaware of the type of objects deposited), or a lease agreement (the storage units may not be used as a dwelling or for any commercial operation), or as a safe-box contract (the security of the premises is not guaranteed).

Art 2 F Forbidden storage

1 The storage unit may not be used for the following purposes:

  1. As a permanent or temporary dwelling
  2. For operating on-site any private activity (DIY, handiwork, etc.) or commercial activity in the widest sense (handicraft, sale, services, etc.)
  3. For the domiciliation of a natural person or a legal entity
  4. For storing materials or goods whose possession, storage or transport is subject to special public or private regulations or directives.
  5. For storing plants or animals
  6. For storing materials or goods that are illegal or contrary to public morals.
  7. For storing perishable, odorous, dangerous, toxic, inflammable, explosive, corrosive or radioactive materials or goods or which could be an inconvenience or a direct or indirect danger, in the immediate or long term, for ES, its employees, neighbours and the public in general.
  8. For storing waste of any type, notably animal or organic.

2 In the case of non-compliant use of the storage unit by a customer, whether this is intentional or otherwise, ES may terminate this contract immediately.  The customer shall bear all costs linked to the intervention of the public authorities and/or any firm instructed to clear the storage unit. The right of ES to claim compensation for the direct or indirect damage caused as a result is expressly reserved.

Section 2 PRICE OF THE SERVICES AND BILLING

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 indicated, VAT is not included in the cited prices.

Art. 4 Monthly fee, compensation and costs

1 ES bills the following items:

  1. Monthly fee. ES bills a monthly fee for making the storage units available. This fee is payable in advance, on the first day of each month. In the case of termination of the contract during a month, the fee for the full month shall be charged.
  2. Compensation for illegal occupancy of the storage unit. When the units made available for storage are not cleared by the customer at the end of the contract or if the customer does not pay the monthly fees due, ES is authorised to bill the customer, in addition to the fee(s) due, compensation of CHF 20.00 per day of illegal occupancy.
  3. Cleaning costs. ES reserves the right to claim from the customer any costs for cleaning the storage premises when these are not kept clean or are returned, at the end of the contract, without being cleaned.
  4. Clearance costs. ES reserves the right to claim from the customer the costs of clearing the premises made available when these are not cleared at the end of the contract.
  5. Cost for bringing into compliance. ES is authorised to bill the customer for costs linked to the interventions of the public authorities if the premises are not in compliance or lead to an intervention.

2 If the payment of the monthly fee is more than 10 days late, ES is authorised to bill the customer a penalty for late payment at the rate of 8% per year and reminder costs of CHF 75.00.

Art. 5 Guarantee deposit

1 A guarantee deposit, in cash or by credit card, is requested at the conclusion of the contract. It is paid directly to ES. The amount may vary depending on the case, as ES sees fit.

2 The guarantee deposit does not bear interest for the customer. It is returned at the end of the contract, less any offsetting against the amounts due to ES by the customer.

 

 

Section 3 CONTRACT TERM AND TERMINATION

 Art. 6 FDuration of the contract and ordinary termination

1 All contracts concluded by ES are for an indefinite duration.

2 The contract duration is at least one month. At the end of this period, unless written termination respecting the minimum period of notice and in the forms indicated in the following paragraph, the contract shall be tacitly renewed for a further period of one month and so on, month after month.

3 The party who wishes to terminate the contract must inform the other party in writing, at least one fortnight (15 days) before the end of the month. The customer’s attention is drawn in particular, to the fact that the termination must reach ES according to the aforesaid period of notice, that is to say at least one fortnight (15 days) before the end of the month.

Art. 7 Early termination in the case of late payment of the monthly fee and blocking of access to the premises

1 When the customer is late in paying a monthly fee or other outstanding amounts in favour of ES, ES shall determine for the latter, in writing, a time limit of 10 days for payment.

2 Failing full payment of all the sums due within this time limit, ES shall able, alternatively or cumulatively, to 

  1. Block access to the premises until all outstanding amounts are fully Paid
  2. Terminate the contract with immediate effect, giving the customer 10 days to clear the storage premises.

Art. 8 Early termination for good reasons

1 ES has the right, at any time, to terminate the contract immediately, without notice, if the customer acts in a way seriously harming the interests of ES, notably in the following cases

  1. The customer uses the storage unit made available in a way that is not in compliance, notably in relation to the prohibitions indicated in art. 2 CG above;
  2. The customer made false declarations concerning the contract upon its conclusion or thereafter;
  3. The customer’s economic and/or commercial situation greatly deteriorates and/or risks greatly deteriorating (e.g. in the case of application to open proceedings to find an arrangement with creditors or for bankruptcy) and/or appears fragile (e.g. in the case of repeated late payment of amounts due to ES).
  4. The customer neglects to take the necessary measures to ensure the security and integrity of the stored objects and ES installations.

2 In the case of immediate termination for good reasons, ES determines a time limit for the clearance of the premises. The customer also remains bound to the payment of the fee until the end of the month during which he effectively clears the premises

Read and approved (customer’s signature) _______________

 

 

Art. 9 Restitution of the storage unit

1 At the end or the contract, whether this is by ordinary termination or early termination according to the meaning assigned in art. 8 and 9 of the above General Conditions, the storage unit must be resituated on the determined expiry date by 6 p.m. at the latest.

2 The premises must be returned in perfect condition, completely cleared and perfectly clean. Any damage shall be billed by ES along with any necessary cleaning. These costs shall be offset against the guarantee deposit.

Art. 10 Forced clearance of the storage unit

1 F If the customer does not clear the premises on the determined expiry date, ES reserves the right, alternatively or cumulatively, to act or to have its rights asserted as follows:

  1. ES shall be able to bill the customer for compensation for illegal occupancy of the premises for the amount of CHF 20.00 per day, in addition to the monthly fee;
  2. ES shall be able to enter the customer’s storage unit to draw up an inventory of the objects contained in it. ES shall be able to exercise a right of retention on these, notably in order to guarantee the payment of any amount payable by the customer. If ES considers this necessary. ES shall be able to change the locks and codes giving access to the customer’s storage unit;
  3. ES shall be able to transport the objects to the customer’s home or any other private or public place, the customer bearing the costs and risks;
  4. ES shall be able to use the customer’s objects freely as it sees fit, without formality (private sale, forced execution, etc.);
  5. ES shall be able to eliminate the customer’s objects, as it sees fit.

2 The costs for clearing the premises, transporting, unloading, repairing and cleaning, and any fee under public law associated with the clearance of the customer’s property, shall be solely payable by the latter.

3 ES declines all liability for direct or indirect damage stemming from the clearance of the customer’s property.

Section 4 INSURANCE AND SECURITY

Art. 11F Customer’s Insurance

1 It is the customer’s responsibility to take out insurance coverage for the deposited objects, notably against theft, fire, water damage and damage stemming from pests (rodents, insects, etc.).

2 As an exception to the above, the customer may request ES, in writing, to insure the deposited objects against fire and water damage with ECA. In this case, the customer is only responsible for indicating the nature and precise value of the deposited objects at the time of the conclusion of the contract and notifying ES of any change in the nature and value of the objects during the contract.

3 ES declines any liability for any damage stemming from the customer’s inadequate or non-existent insurance coverage.

Art. 12 Verification and Security

1 The customer shall take note that it is strictly forbidden to smoke within the perimeter of ES installations and/or to block access to fire prevention and fire fighting installations.

2 The customer is bound to take all necessary measures to ensure the security of the deposited objects and ES installations. In the case of doubt as to the reach of this obligation, the customer is bound to request ES for advice on this or to refer to its written directives. The customer is also bound to immediately inform ES in writing of any suspicious element or situation, any unauthorised access to his storage unit or ES installations, any theft or attempted theft and/or any other situation which jeopardises or could jeopardise the security of his storage unit and/or ES installations.

3 The customer authorises ES to access his storage unit at any time, notably to check the respect of the security standards and the compliant use of the premises.

4 Any activation of the fire alarm caused intentionally or otherwise by the customer shall be billed at least CHF 250.00 to the latter.

5 Any direct or indirect prejudice incurred by ES, the customer or the other depositors, following breach of the aforesaid obligations, by negligence also, shall be payable solely by the customer.

Section 5 FINAL PROVISIONS

Art. 13 Limits on the liability of ES

1 The liability of ES, its employees or its representatives is generally excluded for any damage stemming from the services provided, notably the loss of property, except in the case of serious negligence/misconduct or tortuous intent as defined by art. 100 para. 1 CO.

2 The liability of ES for serious negligence/misconduct or tortuous intent as defined in art. 12 para.1 CG above is limited to direct damage, habitually and typically foreseeable in the type of case under consideration and which cannot be remedied by the other party. In all cases, any liability for loss of earnings is expressly excluded.

3 The customer’s rights to damages lapse one year after the date on which he became aware of the damage and the circumstances forming the basis for his right to claim.

Art. 14 Contract form, 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 Conditions. The contract is only valid if in the written form. Any modification or amendment to the contract binding ES to the customer must be in writing to be valid. This applies also to an agreement stipulating the waiver of the written form. The total or partial nullity of one of the provisions of this contract does not affect the validity of the other contractual provisions.

2 In the case of conflict between the provisions of the contract signed by the customer and these General Conditions, the provisions of the General Conditions take precedence. Any indications lacking in the contract are completed by those of the General Conditions.

3 The French version of the General Conditions takes precedence over versions in other languages, notably in the case of dispute as to the existence of a clause and/or its interpretation.

Art. 15 Contract modification and transfer

1 F ES has the right to modify the provisions of the contract signed by the customer and these General Conditions at any time, by giving 30 days' notice, sent to the customer by standard mail or email. The modification is deemed accepted by the customer if he does not notify his objection by registered letter within one fortnight (15 days) of receipt.

2 In the event that the customer does not accept the proposed modification(s), he may terminate the contract by giving notice of one fortnight (15 days) for the end of a month, by registered letter.

3 The customer may not transfer the rights and obligations stemming from this contract to a third party without prior written authorisation of ES.

4 ES is authorised to transfer the contract that binds it to the customer to any entity of its choice. It shall notify the customer by registered letter.

Art. 16 Miscellaneous

1 The customer must inform ES of any change of address in writing. In the event that the customer no longer has a known address, any notification made to the customer’s last known address shall be deemed valid.

Art. 17 Applicable law and competent court

1 The relations between ES and the customer are governed by Swiss law.

2 Any dispute that could arise between ES and the customer shall only be referred before the competent courts in Lausanne, with recourse to the Swiss Federal Court in the cases provided for by law. ES, however, reserves the right to institute legal proceedings at the customer’s place of residence or before any other competent court, both in Switzerland and abroad. In such an event, Swiss law shall also be applicable.

EASYSTOCK Garde Meubles

Lausanne, 01.11.2017

 

Read and approved (customer’s signature):         _______________