FLEXBOX GENEVE CENTRE SARL
1. NATURE OF THE CONTRACT
a) The self-storage contract is a contract for the provision of services governed by articles 394 to 406 of the Code of Obligations by which FLEXBOX GENEVE CENTER SARL (hereinafter referred to as FLEXBOX) provides the CLIENT with an electronic system for access and security, unloading equipment, storage space as well as insurance coverage and the services of a surveillance company. The CUSTOMER stores personal effects and other goods himself (self storage) – without FLEXBOX having to know their nature or consistency – for the agreed period and subject to the payment of a periodic fee by the CUSTOMER for the services offered.
b) This contract may not under any circumstances be analysed or assimilated to a deposit contract (according to art 472 and ss. CO), FLEXBOX having none of the obligations of the depositary. FLEXBOX is unaware of the nature of the stored objects and cannot therefore be required to guarantee their return.
c) This contract cannot be analysed or assimilated to a commercial lease (according to art. 253 et seq. CO). The assignment of the premises cannot be intended for the operation of a business. The surface made available must be used exclusively for the storage of goods admitted inside the building. The CUSTOMER undertakes in particular not to carry out any commercial, industrial, craft, service or liberal activity in the box or within the premises of FLEXBOX, each box being exclusively reserved for the storage of goods. Thus, the CUSTOMER is prohibited from establishing its head office or its secondary establishment at the place of storage, and from displaying advertising panels, annotations or illuminated signs both inside and outside storage space. The broadcasting of music, the distribution of drinks and food and in general all activities that refer to people other than the CUSTOMER are prohibited. The CUSTOMER further declares that the box, subject of this contract, is neither necessary nor essential for the operation of a business. The CLIENT cannot use the storage space without the other services offered.
d) The storage space may not in any way be used for residential purposes or even temporary residence, so that the rules concerning residential premises do not apply.
e) This contract cannot be assimilated to a safe deposit box contract, given that the level of security offered by FLEXBOX is not absolute. The latter also declines all responsibility in the event of loss, theft or other damage incurred by the stored goods and requires that its CUSTOMERS insure the value of the stored goods (see section 6).
a) All contracts entered into by FLEXBOX are for a fixed term of at least 1 month, tacitly renewed.
b) Subject to 14 days' notice before the expiry date, the parties may terminate the contract. Termination will be done either by e-mail or by registered mail (to the address of Flexbox, 40, rte du Nant d'Avril), and Flexbox will acknowledge receipt. At the end of the term, the services will be suspended, and the CLIENT will have completely emptied the storage space and will have returned it according to figure 8.
c) In the event that the CLIENT has not emptied the storage space on the last day of the contractual period, FLEXBOX reserves the right to proceed according to figure 10 below.
a) The provision of services and storage space is subject to a fee. This is fixed when the contract is concluded.
b) The fee for the total duration of the contract is due in full as soon as the period to which it corresponds has begun. For contracts lasting more than one and a half months, the CLIENT must pay the full fee for each calendar month no later than the first day of said month. However, the parties reserve the right to set other terms of payment.
c) FLEXBOX reserves the right to modify this fee each time the contract is renewed, by giving notice by e-mail or by other appropriate means, to the last e-mail address that the CUSTOMER communicated, at least 30 days before the application of the change.
d) The CUSTOMER, who is late in his payment deadlines, will be billed a reminder fee of at least CHF 20.- excluding taxes, and may have his services cancelled and access to his box prohibited until full payment of amounts due.
e) FLEXBOX may also act to terminate the contract in the event of late payment, in the terms set out in point 10.
4. SECURITY DEPOSIT
A security deposit, corresponding to a fee of at least one month paid in advance, is due when the contract is signed. The security deposit is 2 months but CHF 200.- minimum for Customers who are not of Swiss nationality and those who are not or no longer officially domiciled in Switzerland. In the event of an increase in the fee, an additional payment as a deposit may be required. FLEXBOX reserves the right to request a higher deposit on a case-by-case basis. The security deposit does not bear interest. It is placed in the hands of FLEXBOX, which will keep it until the end of the contractual relationship and delivery of the storage space according to ch.8.
a) The CUSTOMER can access the site, his box and benefit from the services of FLEXBOX, provided that the contract is validly signed, the first fee and the security deposit fully paid, and his identity verified by the presentation of an official document issued by the Swiss authorities (passport, identity card, FDFA legitimation card, residence permit, work permit). Flexbox keeps a copy of the document presented in order to be able to hand it over in the event of a request from the authorities. In case of doubt, FLEXBOX may refuse to enter a contract and reserves the right to apply the provisions of Article 10 e), without notice.
b) The CLIENT takes note that he is required to comply with all the security conditions set out by FLEXBOX, in particular everything relating to access, opening and closing of the building and the storage space, in accordance with the detailed procedure given to him and/or displayed. The CLIENT ensures that when the doors are opened, he is the only one to access the building. The CUSTOMER is responsible for checking that the doors and gates close correctly behind him. In the event of a problem, he is required to call security at the numbers displayed near the access keypads
c) Any triggering of the alarm following a procedural error, and which will lead to the intervention of the surveillance company, will be invoiced at least CHF 200.- to the client. The cards, badges, or access codes as well as the keys to the storage space are personal and non-transferable. The CUSTOMER is responsible for keeping these items in a safe place, and for reporting any loss or theft immediately. The CUSTOMER provides his padlock, according to a model approved by FLEXBOX, so he is the only one to hold the keys. Access cards and badges are the property of FLEXBOX, the CLIENT is responsible for keeping them carefully.
d) Access is possible 7 days a week, 24 hours a day for the Vernier-Meyrin site, for the other sites from 5:00 a.m. to 12:00 a.m., unless otherwise agreed in writing by means of a specific agreement mentioned in the contract.
e) The CUSTOMER must respect the instructions given by the representatives of FLEXBOX as well as by the authorized security agents who may at any time require a check of the validity of the access code and/or identity of any person present on the site.
f) Vehicles may only be parked on the spaces provided for this purpose, depending on their availability, which may be limited depending on the site and only for the time necessary to load and unload goods. The customer must be present on the site for the entire period during which the vehicle(s) he uses are parked. In the event of abuse, Flexbox may have the vehicle evacuated, at the expense of the offender and charge a fee for administrative costs, of at least CHF 100.-. For the Eaux-Vives and Chêne-Bourg FLEXBOX sites, access to parking is limited, Monday to Friday from 9:00 a.m. to 6:00 p.m. and is granted only on a case-by-case basis and upon paid reservation or in writing by means of an agreement. specific mentioned in the contract. For the Plainpalais FLEXBOX site, the customer must take a ticket and pay the public parking rate at the machine, even if he uses one of the places dedicated to FLEXBOX customers. In all cases, parking is prohibited during the closing hours mentioned in paragraph d) above.
a) FLEXBOX undertakes to permanently maintain the surveillance services agreed with one or more specialized companies and will in particular ensure the proper functioning of the security, alarm, video and access systems. FLEXBOX does not guarantee the permanent and sufficient availability of the unloading equipment.
b) The CUSTOMER will exclusively occupy the storage space defined in the contract, and may not store goods in other places, or exceed the defined limits of the storage space. The CUSTOMER shall refrain from making any changes to the premises, walls, dividers, doors, power lines or any other FLEXBOX equipment. It is also forbidden to glue, nail, screw or fix in any way whatsoever equipment, fittings or other in the storage space, as well as to modify, remove, damage, or divert from their use any equipment located in or outside the storage space.
c) Only the storage of goods is permitted. Unless expressly authorized by FLEXBOX, the CUSTOMER shall refrain from carrying out any work there, working there, installing machinery there, as well as any equipment requiring an electrical connection. The storage space cannot serve as a place of residence, even temporary, or a place to exercise any commercial activity.
d) The CUSTOMER is reminded that storage in one of the outside boxes of the FLEXBOX center takes place at the outside temperature. FLEXBOX cannot be held responsible for any damage caused by temperature variations to the CUSTOMER's goods or merchandise.
e) The CUSTOMER undertakes to always maintain the storage space in a state of impeccable cleanliness. He will avoid storing goods there that could harm the general condition of the premises and objects stored by other CUSTOMERS.
f) For their protection but also as a preventive measure to fight against the spread of bedbugs and other similar items, the customer agrees to store his mattresses, box springs, sofas, armchairs, and clothes in suitable and airtight covers on sale at the reception. Flexbox cannot be held responsible for any contamination of a customer's goods, during and after the storage period. On the other hand, Flexbox may take action against any customer who has not complied with this clause, in particular by asking it to participate in the costs of disinfestation and all other costs related to disinfection of the Flexbox premises. The CLIENT will not unnecessarily encumber corridors, doors and car parks, the use of common premises being limited to the time strictly necessary for loading and unloading operations. He will take care not to block the automatic doors, not to hinder other customers and users. In particular in sites close to dwellings, as well as between 10 p.m. and 7 a.m. and on Sundays and public holidays, the customer will refrain from any excessive noise and any noise pollution.
g) It is strictly forbidden to store any perishable, odorous, dangerous, toxic, flammable, explosive, radioactive, corrosive, volatile object/goods, those causing annoyance for neighboring CUSTOMERS, as well as ammunition, dead or living animals, plants and any property that requires regulated storage conditions, or the possession of which is prohibited by law.
h) The CUSTOMER takes care that the stored goods are not damaged by their own imported causes, in particular by humidity, vermin or rust.
i) FLEXBOX reserves the right to access the storage space in the event of a well-founded doubt concerning non-compliance with the legal or regulatory requirements of the general conditions or at the request of the police services, the fire brigade, or a decision of justice
j) The CUSTOMER is solely responsible for the goods stored and declares to be in legal possession of them.
k) The CLIENT has exclusive access to its storage space. However, FLEXBOX reserves the right, in the event of an emergency, to access the interior of a storage space, in particular for the purpose of preserving goods stored by the CLIENT or by other CLIENTS of FLEXBOX.
l) The CUSTOMER declares to have taken note of the list of objects prohibited from deposit according to ch.6 e. In case of doubt about the nature of the stored objects, FLEXBOX reserves the right to carry out checks, in particular at the request of the competent authorities, without prior announcement or notice, by accessing the storage space and, if necessary, to eliminate all objects that could present a danger for the site or for the people present.
m) The CLIENT will be held responsible for any damage that may be caused to FLEXBOX or to other CLIENTS.
n) IT IS STRICTLY FORBIDDEN TO SMOKE WITHIN THE PERIMETER OF THE FLEXBOX FACILITIES, IN PARTICULAR IN THE ACCESS AREAS, PARKING LOTS, CORRIDORS AND STORAGE AREAS. THE CUSTOMER SHALL TAKE CARE NOT TO PREVENT THE OPERATION OR ACCESSIBILITY OF ALL FIRE PROTECTION INSTALLATIONS, SUCH AS SMOKE DETECTORS, SPRINKLERS, EXTINGUISHERS, ALARM PUSH-BUTTONS, Escape CORRIDORS. ANY INTERVENTION OF THE FIRE FIGHTERS FOLLOWING THE TRIGGERING OF AN ALARM WILL BE CHARGED TO THE FAULTY (CURRENTLY CHF 500.-)
o) Any storage and/or abandonment of waste within or around FLEXBOX facilities is excluded. The CUSTOMER is required to take all waste with him for disposal. Any removal of abandoned objects and waste will be invoiced to the CUSTOMER up to CHF 50.- up to 100 kg, then CHF 50.- per 100 kg.
p) The CUSTOMER is solely responsible for the use of the handling equipment made available to him. FLEXBOX declines all responsibility in the event of accidents or damage resulting from the use of this handling equipment.
q) Flexbox receives on its main site, 40, rte du Nant d'Avril 1214 Vernier, within the framework of the contract, parcels up to 20kg, but a maximum of 5 per month for customers paying a monthly fee of CHF 200.- at least. The customer is informed by e-mail of the arrival of the package which he must pick up at the reception within 2 working days. The FLEXBOX company does not have the quality of depositary of the goods delivered and cannot be held liable for any reason whatsoever. All deliveries must be made exclusively as follows: Customer name + c/o Flexbox + 40 rte du Nant d'Avril + 1214 Vernier. FLEXBOX is entitled to refuse receipt of parcels whose address is not correctly worded, any administrative management subsequent to a lack of addressing (in particular invoices, import taxes, transport costs, etc.) may be re-invoiced to the customer up to CHF 100.-/hour. Parcels are only received at a site with a reception, currently at 40, rte du Nant d’Avril in Vernier.
r) For customers receiving large parcels, pallets, or wishing that they be put in their box or in a temporary box allowing them to be collected outside reception opening hours, Flexbox may conclude with the CLIENT a mandate of receipt of goods adapted. All deliveries must be made out exclusively as follows: Name of the customer + c/o Flexbox + 40 rte du Nant d'Avril + 1214 Vernier. FLEXBOX is entitled to refuse receipt of parcels whose address is not correctly worded, any administrative management subsequent to a lack of addressing (in particular invoices, import taxes, transport costs, etc.) may be re-invoiced to the customer up to CHF 100.-/hour. Parcels are only received at a site with a reception, currently at 40, rte du Nant d’Avril in Vernier.
7. INSURANCE AND LIABILITY
a) FLEXBOX takes all necessary measures to ensure safe and professional service and storage conditions.
b) Thus, access, opening and closing of the building are secure: the CUSTOMER can only access it by reading his card, his badge, or his personal code. Its storage space is closed by a padlock for which it holds the key or code and has an individual alarm. The premises have video surveillance. However, the security guarantees are not those of a safe.
c) In the event of loss or theft of the means of access distributed (code, card, badge, key), the CLIENT is required to inform FLEXBOX immediately. The CUSTOMER must notify FLEXBOX of any claim within 24 hours from the date of its observation. In addition, where applicable, the CUSTOMER shall undertake to make all declarations which prove necessary to the administrative authorities and to inform FLEXBOX.
d) FLEXBOX cannot be held liable for damage caused to stored goods, nor for break-ins, destruction or other that may occur in the space made available and more generally within the confines of the FLEXBOX building and on the site. FLEXBOX therefore declines all responsibility in the event of loss, theft, fire, damage, or other damage caused to the goods stored.
e) The CLIENT will inform FLEXBOX of the maximum value of the goods stored in the storage space. He is required to be in possession of multi-risk insurance to cover the contents of the storage space, and to maintain it throughout the duration of the contract. The latter must in particular cover the risks of fire, explosion, water damage, theft, and natural disasters, up to the value declared when signing the self-storage contract. The insurance must be established at replacement value.
f) In the event of a subsequent increase in the value of the stored goods, the CLIENT has the obligation to inform FLEXBOX. In the event of damage, FLEXBOX cannot be sought for the difference between the insured value and the losses actually suffered. In addition, FLEXBOX is free of any liability in the event that the CUSTOMER has not taken out insurance, or that the latter has been taken out with an insufficient coverage value.
g) To meet its obligations, the CUSTOMER takes out a multi-risk policy directly with FLEXBOX, which for this purpose takes out insurance with an insurer approved in Switzerland. The CUSTOMER is made aware that the following goods in particular are excluded from the theft insurance cover: items of jewellery, postage stamps, pecuniary values, furs, watches, weapons, coins, medals, precious metals, precious stones and pearls.
h) The CUSTOMER takes note that the insurance cover taken out through FLEXBOX ceases to be in force as soon as the premium relating thereto is overdue for payment by more than 10 days.
i) FLEXBOX reserves the right to act and take all measures it deems appropriate against the CLIENT for any damage and/or disturbance caused within or around the site.
8. TAKING POSSESSION & RETURN OF STORAGE SPACE
The CUSTOMER acknowledges having visited the storage space prior to the signing of this contract and accepts it in good condition.
At the end of the contract, the CUSTOMER is required to return the storage space in perfect condition, free of all goods and waste, and in an irreproachable state of cleanliness. Any damage or cleaning may be charged to the CLIENT. Reimbursement of the security deposit will be made within 30 days of inspection of the storage space by FLEXBOX staff, and after return of the access elements entrusted to the CLIENT and subject to payment of the sums due. To facilitate reimbursement, the CUSTOMER will communicate the IBAN of his bank account. The cost of restoring the storage space may be deducted from the amount to be reimbursed.
9. CHANGE OF ADDRESS
The CUSTOMER must immediately announce any change of e-mail address and home address in writing. As long as the change has not been announced, FLEXBOX is entitled to send its correspondence to the last address indicated.
10. NON-COMPLIANCE WITH CONTRACTUAL CONDITIONS
a) In the event of non-compliance by the CLIENT with the payment deadlines or contractual obligations as defined in the contract and the general conditions, FLEXBOX may terminate the contract with immediate effect, 10 days after having sent the CLIENT a registered letter with formal notice remained without effect. FLEXBOX's services will be suspended from this moment.
b) After notification of termination, the CUSTOMER must, after having fully paid the amount due to FLEXBOX, move the deposited goods from the storage space no later than the expiry of the 10-day period and return the storage according to ch.8
c) In the event that the CLIENT no longer has an address (see ch.9), the termination will be deemed to have been notified and have immediate effect after the unsuccessful sending to the last known address of the CLIENT.
d) In the event that the CLIENT has not emptied and returned the storage space on the last day of the deadline, FLEXBOX reserves the right to empty the storage space. In addition, beyond the expiry of the contractual period, the remuneration corresponding to the illicit occupation of the storage space will be due according to the terms of the initial contract, increased by a penalty of 10%, late payment interest, collection and other costs as well as a lump sum indemnity corresponding to four months' fees.
e) In the event of non-payment by the CLIENT of the amounts due to FLEXBOX, the parties agree that FLEXBOX will have a right of lien on the said goods which now rest under the possession of FLEXBOX, in order to guarantee the debt (compensation, penalties, damages) that it will have against the CLIENT under this contract. FLEXBOX may:
I. Store the goods elsewhere, at the expense and risk of the CLIENT, or
II. carry them out freely and to the best of their ability, without any other formality (according to their free appreciation, sale by mutual agreement or by legal action) to recover their due, or
III. eliminate them in the event of a market value that it considers minimal or nil.
The product of any realization is used first to clear the overdraft. The costs of storage not covered by the realization, as well as the costs caused by the sale, or the destruction of the goods remain the responsibility of the CLIENT. Any surplus will be deposited in a non-interest-bearing account that the CLIENT may claim.
f) In the event of a serious violation of the contractual obligations of a CLIENT causing danger in default, FLEXBOX reserves the right to immediately terminate the contract, to intervene in the box in order to remove any danger and to eliminate the goods s they present a danger. FLEXBOX may also act in accordance with ch.10 e) above.
a) In the event of payment in cash, FLEXBOX immediately issues a receipt which the customer must keep in the event of a subsequent dispute.
b) The CUSTOMER undertakes to comply with all the conditions set out in these general conditions, as well as in the procedure for the access given to him. FLEXBOX reserves the right to modify these general conditions at any time. Any modification will be notified to the customer in an appropriate form and will be considered accepted by the customer in the absence of a written objection from the latter within 30 calendar days of notification.
c) The CUSTOMER undertakes not to assign this contract, or any use of the storage space covered by the contract to a third party. However, he is a successor in the event of the CLIENT's death.
d) FLEXBOX reserves the right to assign another storage space of equivalent size to the CLIENT. The moving of the goods from one space to another would then be at the expense of FLEXBOX, which could carry it out after a period of 7 days after notification to the CLIENT.
e) The CUSTOMER acknowledges that he may be asked to provide access to his storage space for technical or maintenance reasons.
f) The CLIENT authorizes the monitoring of the movements of people by the surveillance cameras placed in the building and its surroundings. The CUSTOMER gives his explicit consent for the storage and processing of data from the access control system and cameras by FLEXBOX. It also authorizes FLEXBOX to keep the images of the video surveillance.
12. JUDICIAL FORUM
For all disputes arising from this contract, the parties irrevocably agree that only Swiss law is applicable and the competent court of first instance in Geneva.
These general terms and conditions form an integral part of the Self-Storage contract.
CG version June 14, 2022
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