FLEXBOX SELF STORAGE SARL

GENERAL TERMS AND CONDITIONS OF THE SELF STORAGE CONTRACT

 

1. NATURE OF THE CONTRACT

a) The self-storage contract is a service contract governed by Articles 394 to 406 of the Swiss Code of Obligations by which FLEXBOX SELF STORAGE SARL (hereinafter referred to as FLEXBOX) provides the CUSTOMER with an electronic access and security system, unloading equipment, a storage space as well as insurance coverage and the services of a surveillance company. The CUSTOMER stores (self-storage) personal effects and other goods himself – 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 analyzed or assimilated to a deposit contract (according to art 472ss CO), FLEXBOX having none of the obligations of the depositary. FLEXBOX is unaware of the nature of the objects/goods stored and cannot therefore be required to guarantee their return.

c) This contract may not be analyzed or assimilated to a commercial lease (according to art. 253ss CO). The allocation of the premises may not be intended for the operation of a business. The surface area made available must be used exclusively for the storage of goods admitted inside the building. The CUSTOMER undertakes in particular not to exercise any commercial, industrial, craft, service or liberal activity in the box or within the FLEXBOX premises, each box being exclusively reserved for the storage of goods. Thus, the CUSTOMER is prohibited from establishing its head office or secondary establishment at the storage location, and from displaying advertising panels, annotations or illuminated signs both inside and outside the storage space. The broadcasting of music, the distribution of drinks and food and in general any activities that refer to persons other than the CUSTOMER are prohibited. The CUSTOMER further declares that the box, the subject of this contract, is in no way necessary or indispensable for the operation of a business. The CUSTOMER may not 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 cannot be applied.

e) This contract cannot be considered as a safe deposit box contract, since 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 no. 6).

 

2. DURATION

a) All contracts concluded by FLEXBOX are for a fixed term of 1 month minimum, tacitly renewed.

b) With 14 days' notice before the end of the contract, the parties may terminate the contract. Termination will be made by registered mail (to the address of Flexbox , 40, rte du Nant d'Avril), and FLEXBOX will acknowledge receipt. At the end of the contract, the services will be suspended and the CUSTOMER will have completely emptied the storage space and returned it in accordance with Article 8.

c) In the event that the CUSTOMER has not emptied the storage space on the last day of the contractual period, FLEXBOX reserves the right to proceed in accordance with article 10.

 

3. FEE

a) The provision of services and storage space is subject to a fee. This fee is set when the contract is concluded.

b) The fee for the entire duration of the contract is payable monthly in advance. For contracts lasting more than one and a half months, the CLIENT must pay the entire fee for each calendar month no later than the first day of that month. However, the parties reserve the right to set other payment terms.

c) FLEXBOX reserves the right to modify this fee at each contract renewal, by giving notice by registered and electronic mail or by any other appropriate means, to the last e-mail address that the CUSTOMER has communicated, at least 30 days before the application of the modification.

d) The CUSTOMER who is 10 days late in paying his fee will receive a payment reminder by regular mail and email and will be charged a penalty of CHF 20.- including tax. An additional period of 10 days will be granted to pay his fee.

e)     If the CUSTOMER does not pay the fee within the 10-day period mentioned in letter d), the CUSTOMER will receive a formal notice by registered mail and email and will be charged an additional penalty of CHF 30.- including VAT. A final period of 10 days will be granted to pay the fee. Access to the CUSTOMER's box will also be blocked until payment of the due fee.

f)      If the CUSTOMER does not pay the fee within the second 10-day period mentioned in letter e), FLEXBOX will terminate the contract by registered mail and email. A final period of 10 days will be given to the CUSTOMER to pay the fees due, failing which the CUSTOMER agrees that FLEXBOX will clear the contents of the CUSTOMER's unit.

 

4. SECURITY DEPOSIT

A security deposit, corresponding to a minimum fee of one month paid in advance, is due upon signing the contract. The security deposit is for 2 months but at least CHF 200.- for CUSTOMERS 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 from the CUSTOMER. FLEXBOX reserves the right to request a higher deposit on a case-by-case basis. The security deposit does not bear interest. It is paid into the hands of FLEXBOX, which will keep it until the end of the contractual relationship and delivery of the storage space in accordance with Article 8.

 

5. ACCESS

a) The CUSTOMER may access the site, their storage unit and benefit from FLEXBOX services, provided that the contract is validly signed, the first fee and the security deposit have been paid in full and their 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 transmit it in the event of a request from the authorities. In case of doubt, FLEXBOX may refuse to conclude a contract and reserves the right to apply the provisions of Article 10, letter g), without notice.

b) The CUSTOMER acknowledges that he is required to comply with all security conditions set out by FLEXBOX, in particular with regard to access, opening and closing of the building and storage space, in accordance with the detailed procedure given to him and/or displayed . The CUSTOMER ensures that when opening the doors, he is the only one accessing 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 result in the intervention of the surveillance company, will be billed at least CHF 200.- to the CUSTOMER. 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 immediately reporting any loss or theft in writing to FLEXBOX. The CUSTOMER provides his padlock, according to the model approved by FLEXBOX, of which he is the only one to hold the keys. The access cards and badges are the property of FLEXBOX, the CUSTOMER remaining 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 midnight unless otherwise agreed in writing by means of a specific agreement mentioned in the contract.

e) The CUSTOMER must comply with the instructions given by FLEXBOX representatives as well as by the appointed security agents who may require at any time 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 in the spaces provided for this purpose, subject to availability, which may be limited depending on the site and only for the duration necessary for loading and unloading goods. The CUSTOMER must be present on the site for the entire duration during which the vehicle(s) they are using is/are parked. In the event of abuse, FLEXBOX may have the vehicle evacuated, at the expense of the CUSTOMER and/or the offender and charge a fee for administrative costs, of at least CHF 100. For the FLEXBOX sites in Eaux-Vives and Chêne-Bourg, access to parking is limited, from Monday to Friday from 9:00 a.m. to 6:00 p.m., and is only granted on a case-by-case basis and upon paid reservation or in writing by means of a specific agreement mentioned in the contract. For the FLEXBOX site in Plainpalais, the CUSTOMER must take a ticket and pay the public parking rate at the machine even if he uses one of the spaces dedicated to FLEXBOX customers. In all cases, parking is prohibited during the closing hours mentioned in paragraph d) above.

 

6. SELF-STORAGE

a) FLEXBOX undertakes to permanently maintain the surveillance services agreed with one or more specialized companies and will ensure in particular the proper functioning of the security, alarm, video and access systems. FLEXBOX does not guarantee the permanent and sufficient availability of unloading equipment.

b) The CUSTOMER shall exclusively occupy the storage space defined in the contract and shall not store goods in other locations or exceed the defined limits of the storage space. The CUSTOMER shall refrain from making any modifications to the premises, walls, dividers, doors, electrical lines or any other equipment of FLEXBOX. It is also prohibited to glue, nail, screw or otherwise fix equipment, fittings, installations or other in the storage space, as well as to modify, remove, damage or divert from their use any equipment, fittings or installations located in or outside the storage space.

c) Only the storage of goods is authorized. Unless expressly authorized by FLEXBOX, the CUSTOMER will refrain from carrying out any work there, working there, installing machines there, as well as any equipment requiring an electrical connection. The storage space cannot serve as a dwelling, even temporary, or as a place of exercise of any commercial activity.

d) The CUSTOMER is reminded that storage in one of the outdoor boxes of the FLEXBOX center is done at outside temperature. FLEXBOX cannot be held responsible for any damage caused by temperature variations to the CUSTOMER's property or merchandise.

e) The CUSTOMER undertakes to maintain the storage space in a state of impeccable cleanliness at all times. The CUSTOMER will avoid storing goods there which could harm the general condition of the premises and the goods stored by other CUSTOMERS.

f) For their protection, but also as a preventive measure to combat the spread of bedbugs and other similar insects, the CUSTOMER undertakes to store their mattresses, box springs, sofas, armchairs and clothes in suitable and airtight covers on sale at reception. FLEXBOX cannot be held responsible for any contamination of a CUSTOMER's property, during and after the storage period. However, FLEXBOX may take action against any CUSTOMER who has not complied with this clause, in particular by asking them to contribute to the costs of disinfestation and all other costs related to the disinfection of FLEXBOX premises and goods stored by other customers. The CUSTOMER will not unnecessarily clutter the corridors, doors and car parks, the use of common areas being limited to the time strictly necessary for loading and unloading operations. They will ensure that they do not block automatic doors or hinder other customers and users. In particular in sites close to residential areas, 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 nuisance.

g) It is strictly forbidden to store any perishable, odorous, dangerous, toxic, flammable, explosive, radioactive, corrosive, volatile object/good, causing a nuisance to customers living near the box and the FLEXBOX site, as well as ammunition, dead or living animals, plants and any good that requires regulated storage conditions, or whose possession/detention is prohibited by law.

h) The CUSTOMER shall ensure 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, at the CUSTOMER's expense, in the event of justified doubt regarding non-compliance with the legal or regulatory requirements of the general conditions or at the request of the police, fire services or a court decision.

j) The CUSTOMER is solely responsible for the stored goods/objects and declares to be in legal possession/detention of these, which he can demonstrate by official document upon request.

k) The CUSTOMER 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, at the CUSTOMER's expense, in particular for the purpose of preserving goods stored by the CUSTOMER or by other FLEXBOX customers.

l) The CUSTOMER declares having taken note of the list of objects/goods prohibited from storage according to article 6 let. g). In case of doubt about the nature of the objects/goods stored, FLEXBOX reserves the right to carry out checks at the CUSTOMER's expense, in particular at the request of the competent authorities, without prior announcement or notice, by accessing the storage space and, where appropriate, to eliminate any objects/goods that may present a danger to the site or to the persons present.

m) The CUSTOMER will be held responsible for any damage that may be caused to FLEXBOX, to other CUSTOMERS or to neighbors of the FLEXBOX site.

n) Smoking is strictly prohibited within the perimeter of FLEXBOX facilities , particularly in access areas, car parks, corridors and storage areas. The CUSTOMER shall ensure that it does not prevent the operation or accessibility of all fire protection installations, such as smoke detectors, sprinklers, fire extinguishers, alarm push buttons, escape corridors. Any intervention by the fire brigade following the triggering of an alarm will be re-invoiced to the customer and/or any person at fault (at least CHF 500.- including VAT) .

o) Any storage and/or abandonment of waste within or near the FLEXBOX facilities is prohibited. The CUSTOMER is required to take all waste with them for disposal. Any removal of abandoned objects/goods and waste will be subject to a minimum charge of CHF 200 including VAT to the CUSTOMER.

p) The CUSTOMER is solely responsible for the use of the handling equipment made available to it. FLEXBOX declines all responsibility in the event of accidents or damage resulting from the use of this handling equipment.

q) FLEXBOX receives at its main site, 40, rte du Nant d'Avril 1214 Vernier, as part of the contract, packages up to 20kg, but a maximum of 5 per month for CUSTOMERS paying a monthly fee of CHF 200.- minimum. The CUSTOMER is informed by email of the arrival of the package, which they must then collect from reception within 2 working days. FLEXBOX does not have the capacity of depositary of the goods/objects delivered and cannot be held liable in any way whatsoever, in particular if the customer were to delay in collecting their package. All deliveries must be made exclusively in the following manner: Name of the CUSTOMER / 40 rte du Nant d'Avril / 1214 Vernier. FLEXBOX is entitled to refuse receipt of packages whose address is not correctly stated. Any administrative management subsequent to a failure to address (in particular invoices, import taxes, transport costs, etc.) may be re-invoiced to the CUSTOMER at a rate of CHF 100.-/hour. The reception of parcels is only done at a site with a reception, currently that of 40, rte du Nant d'Avril in Vernier.

r) For CUSTOMERS receiving large packages, pallets, or wishing them to be placed in their box or in a temporary box allowing them to collect them outside of reception opening hours, FLEXBOX may conclude a suitable goods receipt mandate with the CUSTOMER. All deliveries must be made out exclusively in the following manner : Name of the CUSTOMER / 40 rte du Nant d'Avril / 1214 Vernier. FLEXBOX is entitled to refuse receipt of packages whose address is not correctly stated. Any administrative management subsequent to a failure to address (in particular invoices, import taxes, transport costs, etc.) may be re-invoiced to the CUSTOMER at the rate of CHF 100.-/hour. Packages are only received at a site with a reception, currently at 40, rte du Nant d'Avril in Vernier.

s) Any administrative management following changes to name, address, telephone number, email address, or billing recipient may be re-invoiced to the CLIENT at a minimum of CHF 20 per intervention and up to CHF 100/hour depending on the extent of the work to be carried out.

  

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, badge or personal code. His storage space is closed by a padlock for which he 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 distributed means of access (code, card, badge, key), the CUSTOMER is required to immediately inform FLEXBOX in writing. The CUSTOMER must notify FLEXBOX in writing of any loss within 24 hours from the date it was discovered. The CUSTOMER shall, where applicable, make all declarations that may prove necessary to the administrative authorities and inform FLEXBOX in writing.

d) FLEXBOX cannot be held responsible for damage caused to stored goods/objects, nor for break-ins, destruction or other that may occur in the location made available and more generally within the FLEXBOX building and on the site. FLEXBOX therefore declines all responsibility in the event of loss, theft, fire, damage or other material or immaterial damage caused to stored goods/objects.

e) The CUSTOMER will indicate to FLEXBOX in writing the maximum value of the goods/objects stored in the storage space. He is required to have 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/objects, the CUSTOMER is obliged to inform FLEXBOX in writing. In the event of damage, FLEXBOX cannot be held liable for the difference between the insured value and the losses actually incurred. Furthermore, FLEXBOX is released from any liability in the event that the CUSTOMER has not taken out insurance, if the latter has been taken out with an insufficient coverage value or if the coverage has been suspended for any reason not attributable to FLEXBOX.

g) If the CUSTOMER stores goods/objects in his storage unit containing personal data within the meaning of the Data Protection Act (DPA), he must notify FLEXBOX in writing. The CUSTOMER releases FLEXBOX from any liability for the processing of personal data during the clearance (sale and/or destruction of the goods/objects) of the storage unit for non-payment of fees according to the procedure indicated in Article 10.

h) To meet its obligations, the CUSTOMER takes out a multi-risk policy directly with FLEXBOX, which takes out insurance for this purpose with an insurer approved in Switzerland. The CUSTOMER is made aware that the following goods/objects, in particular, are excluded from the theft insurance coverage: jewelry, postage stamps, monetary assets, furs, watches, weapons, coins, medals, precious metals, precious stones and pearls.

i) The CUSTOMER notes that the insurance coverage taken out through FLEXBOX ceases to be in force as soon as the related premium is more than 10 days late in payment.

j) FLEXBOX reserves the right to act and take any measures it deems appropriate against the CLIENT for any damage and/or disturbances caused inside or around the site.

 

8. TAKING POSSESSION & RETURN OF STORAGE SPACE

The CUSTOMER acknowledges having visited the storage space prior to signing this contract and accepts it in perfect condition.

At the end of the contract, the CUSTOMER is required to return the storage space in perfect condition, cleared of all goods and waste, and in a state of impeccable cleanliness. Any damage or cleaning may be invoiced to the CUSTOMER. The refund of the security deposit will be made within 30 days at the latest following the inspection of the storage space by FLEXBOX staff, and after the return by THE CUSTOMER of the access elements entrusted to the CUSTOMER and subject to payment of the amounts due. To facilitate the refund, the CUSTOMER will provide FLEXBOX in writing with the IBAN of their bank account. The CUSTOMER accepts that the cost of restoring the storage space may be deducted from the amount to be refunded on the security deposit.

If the CUSTOMER does not remove all of its goods and waste from the storage space within the time limit set by FLEXBOX, and provided that the CUSTOMER is not late in paying its fees, FLEXBOX will store them at the CUSTOMER's expense. However, if the CUSTOMER is late in paying its fees, FLEXBOX will proceed in accordance with Articles 3 and 10.

 

9. CHANGE OF ADDRESS

The CUSTOMER must immediately notify FLEXBOX in writing of any change of email address and/or home address . As long as the change has not been notified in writing, FLEXBOX is entitled to send its correspondence to the last address indicated without any liability being attributed to it as a result.

 

10. NON-COMPLIANCE WITH CONTRACTUAL CONDITIONS

a) In the event of non-compliance by the CUSTOMER with the payment deadlines or contractual obligations as defined in the contract and these general terms and conditions, FLEXBOX may terminate the contract with immediate effect, 15 days after having sent the CUSTOMER a registered letter with formal notice that has remained without effect. FLEXBOX's services will be suspended from that moment. In the event that the CUSTOMER no longer has an address (see article 9), the termination will be deemed to have been notified and will have immediate effect after unsuccessful sending to the CUSTOMER's last known address.

b) Upon notification of termination to the CUSTOMER, FLEXBOX has a right of lien on the goods/objects present in the CUSTOMER's box.

c) If the CUSTOMER performs within the final deadline left in the letter of termination of the contractual relations, FLEXBOX reserves the right to cancel the termination of the contract and to re-establish the contractual relations with the CUSTOMER under the same conditions as initially agreed or by proposing new conditions.

d) If the CUSTOMER does not comply within the final deadline, FLEXBOX will open the box and draw up an inventory of the CUSTOMER's goods/objects, at the CUSTOMER's expense, indicating which goods/objects will be removed, destroyed or moved. The minutes and the inventory will be sent by registered mail to the CUSTOMER and a period of 10 days will be set for the CUSTOMER to provide FLEXBOX with any comments. In the absence of a response within this period, the minutes and the inventory will be deemed approved by the CUSTOMER, including the fate of the goods/objects not cleared by the CUSTOMER.

e) FLEXBOX will summon the CUSTOMER so that he can clear out his belongings and/or carry out a contradictory inventory of the box in the event of a dispute between the CUSTOMER and the inventory. If the CUSTOMER does not appear at this summons, FLEXBOX may empty the box and proceed with the realization, destruction and/or movement of the goods/objects according to the inventory of goods/objects established.

f) Beyond the deadline set by FLEXBOX for the clearance and return of the box by the CUSTOMER, the remuneration corresponding to the illegal occupation of the storage space will be due by the CUSTOMER according to the terms of the initial contract, increased by a penalty of 10%, late payment interest, recovery costs and others as well as a fixed compensation corresponding to 4 months of fees, subject to any other damage that FLEXBOX may suffer as a result of this situation.

g) In the event of non-payment by the CUSTOMER of the amounts due to FLEXBOX within the final deadline set in the termination letter, the parties agree that FLEXBOX will have a lien on said goods/objects which now fall under the possession/detention of FLEXBOX, in order to secure its claim (compensation, penalties, damages) against the CUSTOMER arising from this contract. FLEXBOX may in particular:

I. store the goods/objects elsewhere, at the expense and risk of the CUSTOMER, or

II. carry them out freely and to the best of his ability, without any other formality (at his discretion, sale by mutual agreement or through legal proceedings) to recover what is owed, or

III. eliminate them in the event of a market value that it considers to be minimal or zero without having to resort to a bailiff or an expert.

The proceeds of any realization are used firstly to settle the CUSTOMER's overdraft, as well as all costs incurred by FLEXBOX arising from the clearance of the CUSTOMER's box.

The CLIENT's due royalties and all costs payable by the CLIENT not covered by the performance remain amounts payable by the CLIENT. FLEXBOX reserves the right to recover the amounts owed through debt collection and bankruptcy.

Any surplus from the realization will be automatically paid to the CLIENT or deposited in a non-interest bearing bank account which the CLIENT can claim for a period of one year.

As part of the realization and destruction of the CLIENT's goods/objects, FLEXBOX cannot be held responsible for any processing of personal data within the meaning of the LPD. The CLIENT is required to notify FLEXBOX of any presence of goods/objects containing personal data in his storage unit. The CLIENT is given the option of coming to clear out his goods/objects before their realization/destruction . If the CLIENT does not do so, he agrees that FLEXBOX can freely dispose of his goods/objects.

h) In the event of a serious breach of contractual obligations by the CUSTOMER causing danger in default, FLEXBOX reserves the right to immediately terminate the contract, to intervene, at the CUSTOMER's expense, in the box in order to eliminate any danger and to remove goods/objects presenting a danger or risk for other customers, the storage space and the neighbors of the FLEXBOX site. FLEXBOX may also act in accordance with Article 10 letters d) and following above.

 

11. MISCELLANEOUS

a) In the event of payment in cash by the CUSTOMER, 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 terms and conditions, as well as in the procedure for access given to him at the same time as the signing of the contract. FLEXBOX reserves the right to modify these general terms and conditions at any time. Any modification will be notified to the CUSTOMER in writing and will be considered accepted by the CUSTOMER in the absence of written objection from the latter within 30 calendar days following the notification.

c) The CUSTOMER undertakes not to transfer this contract or any use of the storage space subject to the contract to a third party. The rights and obligations arising from this contract shall, however, pass to the heirs in the event of the CUSTOMER's death. The bankruptcy of the CUSTOMER shall not be deemed to be the death of the CUSTOMER.

d) FLEXBOX reserves the right to assign another storage space of equivalent size to the CUSTOMER at any time. The moving of goods/objects 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 written notification to the CUSTOMER.

e) The CUSTOMER acknowledges that he may be asked to provide access to his storage space for technical or maintenance reasons, without being able to make any claims as a result.

f) The CUSTOMER authorizes the monitoring of people's movements by surveillance cameras placed in the building and its surroundings. The CUSTOMER gives its explicit consent for the storage and processing of data from the access control system and cameras by FLEXBOX. It also authorizes FLEXBOX to store the images from the video surveillance.

 

12. JURISDICTION

For all disputes arising from this contract, the parties irrevocably agree that only Swiss law is applicable and the Geneva courts have jurisdiction.

 

These general conditions form an integral part of the Self Storage contract.

 

version December 9, 2024