General Terms and Conditions of Movu AG
1. Scope of application
1.1 Movu AG (“MOVU”) operates an online platform for cleaning and removal services (“services”). MOVU’s aim is to bring together service providers (removal and cleaning companies: “partners”) and consumers (“users”) of such services in an efficient manner and to provide optimal support for the individual contracts. The contracts for services are concluded between the professionals and the users directly. So the MOVU online platform simply connects professionals and users, although MOVU imposes quality standards and acts as a mediator between professionals and users in case of any disputes. Furthermore, MOVU works on behalf of the partners to ensure smooth processing of payments and to facilitate the payment process.
1.2 All existing and future legal relationships between MOVU and the users who use MOVU’s website for the service needs are subject exclusively to MOVU’s General Terms and Conditions (“GTCs”) in their respective latest version. By submitting a request via the MOVU platform, the user acknowledges that solely the respective latest version of the GTCs is binding.
1.3 If these GTCs are available in translation, only the German-language version is binding.
2. Online platform / processes
2.1 MOVU essentially enables users to receive and compare personalised cleaning and removal service offers, and to conclude respective contracts with the partners.
2.2 By sending the request details via the platform, the user invites partners to make their offers. Users can send their request to MOVU in various ways:
• by filling out a furniture and personal effects inventory list;
• by sending a video with information about the property, in particular furniture and personal belongings, so that MOVU can prepare the inventory list;
• by contacting MOVU and putting together the inventory list over the phone;
• by answering questions by e-mail and putting together the inventory list with the Move Captain.
2.3 MOVU also offers home visits to users to prepare requests. These visits are not made by the partners, but by MOVU employees. MOVU can invoice the expenses of these consultation visits to users at CHF 80/hour (maximum CHF 200/visit), if in the end the user does not take advantage of any of the services offered by partners.
2.4 Partners registered with MOVU can make offers for services via the MOVU platform based on the user’s request details. These offers are fixed prices, not subject to price adjustment (with the exception of no. 3.3). These offers are binding for 5 working days (Monday through Saturday, excluding statutory holidays; “working days”).
2.5 The user is not obliged to accept an offer. If the user accepts an offer, a binding contract with the partner is established according to the terms of the offer. The content of the contract can then be amended by mutual agreement (e.g., date postponement; price adjustment). If the user accepts an offer, MOVU informs the respective partner and shares the user’s contact information with them. After the services are provided, the partner must pay MOVU a commission. The MOVU service is basically free of charge for users, with the exception of no. 2.3.
2.6 After registration on MOVU’s platform, MOVU can send the user a removal set free of charge with offers from selected partners. In addition, MOVU can regularly send the user checklists on the topic of removals, special offers related to removals, and other offers from MOVU and third parties.
2.7 MOVU is neither responsible nor liable for any losses or damages incurred by the user in connection with these GTCs and the contracts concluded between the user and the partners or for actions, omissions or errors of the partners.
3. General terms of contract between users and partners
To facilitate the process of contract conclusion between users and partners, the user accepts the following General Terms and Conditions as part of the contract between the user and the partner for the agreed services. The partners are also bound vis-à-vis MOVU under separate general contractual provisions to accept the following General Terms and Conditions. The offer made by the partner on the MOVU platform constitutes silent acceptance of the following general contractual conditions vis-à-vis the user.
The user has the right vis-à-vis the partner to cancel (terminate) the agreed services within a maximum of 7 working days after the acceptance of the corresponding offer, provided the services were agreed upon at least 14 working days in advance. If this period expired, the partners could demand the following compensation:
• cancellation up to 14 working days before the start of service: 15% of the agreed total amount;
• cancellation between 14 working days and 48 hours before the start of service: 60% of the agreed total amount;
• cancellation less than 48 hours before the start of service: 85% of the agreed total amount.
3.2 Complaints about removal service defects
3.2.1: The user must inspect the removed effects or the condition of the cleaned property immediately after the service is provided. The user signs an acceptance declaration, which lists defects. Services or properties listed as free of defects in the acceptance declaration are deemed accepted unconditionally. Defects that are not detected immediately must be reported within five working days in writing to the partner and also to MOVU, enclosing photos of damage. It is assumed that even defects resulting from removal or cleaning damage that cannot be detected immediately are detectable within this period.
3.2.2 All rights with regard to defects lapse if third parties perform further work, e.g., painting or cleaning services, in the respective property before the rights are asserted or a response is provided by the partner or MOVU.
3.3 Obligations of the user, overhead costs
3.3.1 The user must provide correct and complete information about all the removal effects and all the properties to be cleaned. If this cannot be done in the inventory questionnaire, a special note must be made in the comments field.
3.3.2 If the information sent by the user regarding the expenses and/or removal effects or the properties to be cleaned significantly deviates from reality (a deviation of more than 10%) and this leads to overhead expenses for the partners, the partners have the following rights:
• to provide the service according to the information provided by the user (and not to incur additional costs, as agreed);
• or, if both the user and the partner agree, to bill the user for the additional expenses needed to perform the service at the applicable rates for the agreed scope of service. This is registered in a special form on-site;
• if the user and the partner cannot reach agreement on one of the above options and the user refuses to accept the service in the agreed scope, the compensation rights for cancellation according to no. 3.1 will apply.
• The service of removal cleaning or final cleaning is a special case: if the actual expenses exceed the expenses in the offer and the user does not agree to the price increase, the acceptance guarantee only applies to the rooms and/or properties specified in the offer.
3.3.3 The user must ensure that the partners have adequate parking space and/or clarify the access and standing options.
3.3.4 If during the service unforeseen overhead costs that could not be influenced by either the provider or the user such as a defect in the elevator, a snow storm or a street blockage in front of the apartment occur, the provider has the right to bill the user for the overhead cost.
3.4.1 The service can be paid by the following means: invoice, credit card payment, or cash payment. If paying by cash, the user pays the entire amount to the partner on-site. In case of payment by invoice, MOVU issues an invoice to the user in the name and on behalf of the partners after the services are provided. In case of payment by credit card, the full agreement amount will be charged in advance by MOVU in the name and on behalf of the partner. MOVU thus operates within a closed circle of service providers and users, although in case of a cancellation MOVU refunds the amount only to the user directly and not to a third party.
3.4.2 The transfer of the full amount to the partners, if paying by invoice or credit card, is conditional upon the fact that no complaints are received by MOVU within 7 working days after the completion of the entire service (see no. 3.2). If a defect complaint is made in a timely manner, MOVU may withhold or refund 50% of the agreed full amount at its own discretion, if the service was paid for in advance.
3.5 Partners for removal cleaning
3.5.1 If the service booked through MOVU includes removal cleaning with an acceptance guarantee, the partner must be present when the tenant and/or the agency hands over the flat.
3.5.2 The date of flat handover must be within three working days after the removal cleaning or final cleaning. This is to prevent the partner being held responsible for dirt collected after the cleaning. The partner must be informed of the date at the latest one week before the day of removal cleaning or final cleaning. If the date for handing over the flat is not within three working days after the removal cleaning or final cleaning, the obligation according to no. 3.5.1 will lapse.
3.5.3 If, at the fault of the partner, after a first post-cleaning a third handover date is necessary, the user (if applicable, also on behalf of his/her landlord or agency) can invoice the additional expenses to the partner.
3.5.4 In case the cleaning is not accepted during the handover by the landlord or the administration, the partner needs to be informed in written on the day of the handover or at latest within 24 hours about the shortcomings that need to be cleaned again.
3.6 Exclusion of liability, partner
3.6.1 The partner is free of liability if loss or damage is caused due to the fault of the user, an instruction given by the user, a defect in the removed item, or circumstances beyond the partner’s control.
3.6.2 In case of breakage or damage of especially fragile objects, such as marble, glass and porcelain plates, stucco frames, lights, lampshades, radio and TVs, computer hardware and software, and data loss and other very sensitive objects (plants, animals, etc.) (“fragile items”), the user must (i) indicate that this item is fragile, and (ii) carefully pack and mark the fragile item.
3.6.3 If the user does not comply with the obligation in no. 3.6.2, the partner will be released from liability.
4. Exclusion of liability, MOVU
4.1 MOVU is not a party to the contract between the user and the partner. Correspondingly, MOVU neither responsible for the actions or omissions of the user nor those of the partner. MOVU disclaims all liability for the provision of service.
4.2 MOVU only connects the contractual parties and supports them in accordance with the provisions of the GTCs for the processing of contracts. Correspondingly, the services of MOVU with regard to VAT only concern the commissions agreed upon with the partners.
4.3 MOVU is only liable for unlawful intent or gross negligence. In particular, MOVUE does not guarantee the continuous availability of the platform and/or its services. More particularly, MOVU can suspend IT services, if this is necessary in view of the security requirements, due to capacity limitations, IT system integrity or for the purpose of technical measures, or in order to ensure an improved through maintenance work.
5. Signing up/registration
5.1 In order to be able to use the service or a part thereof, the users must register by providing truthful and complete data prescribed by the registration form, and accept the data protection declaration. Users are responsible for their own login data.
5.2 After registering, the users receive an SMS and/or an e-mail confirmation request (if this information was provided) in order to confirm their contact information.
5.3 Deletion of user accounts and account cancellation: registered users can cancel their accounts via the MOVU interface or by contacting MOVU directly and stop using the service at any time.
6. Content posted by the user
6.1 Users are responsible for their own content and that of third parties, which their share via MOVU and/or upload or publish to MOVU or transfer to it by other means. Users exempt MOVU from all liability claims or other claims asserted against MOVU in connection with the unlawful distribution of third-party content or unlawful use of services.
6.2 MOVU does not moderate the content or links submitted by users or third parties before it is published; however, it does take the appropriate measures if it receives complaints from third parties or official orders because certain content is considered offensive or unlawful.
6.3 The user grants MOVU all the rights to the posted content in order to operate the MOVU platform in accordance with the regulations.
6.4 The user agrees to indemnify MOVU and companies affiliated with MOVU, as well as MOVU employees, against all claims or demands (including reasonable lawyer’s fees) asserted by third parties in connection with the user’s content or unlawful use of the service by the user in violation of these GTCs or third-party rights.
7. Forbidden use
The MOVU platform may only be used in compliance with these GTCs. User are not allowed:
• to reverse engineer, decompile, disassemble, modify or develop derivative work on the basis of the MOVU platform or parts thereof;
• to bypass technologies used by MOVU or its licensors in order to protect content that can be accessed via MOVU;
• to use robot or spider services, site search/retrieval applications or other automatic tools, processes or methods to access, recover, read (scrape) or identify the parts of MOVU or the content thereof;
• to rent, lease or sublicense the MOVU platform;
• to use the MOVU platform to defame, misuse, harass or threaten other people or otherwise violate the rights of people;
• to publish or disseminate content that is illegal, unlawful, obscene, slanderous or unsuitable in nature;
• to use the MOVU platform in any other inappropriate manner in violation of these GTCs.
8. Data protection declaration
MOVU agrees to comply with the Federal Law on Unfair Competition and the Federal Law on Data Protection in the scope of the data collected from website and platform use. In addition to these GTCs, the data protection declaration of MOVU applies with regard to the collection and use of personal data.
9. User license
All rights to the website of the MOVU platform, including its content, belong either to MOVU or were licensed by third parties to MOVU. Any existing intellectual property rights, such as the copyright, trademark right, and other intellectual property rights are exclusively available to MOVU or the licensors of MOVU. This content can only be used by the user in connection with the use of the website or MOVU platform and should incidentally be neither downloaded, nor copied, published, distributed, transferred, sent, presented, sold, licensed or used for other purposes without the prior written consent from MOVU.
10. General provisions
10.1 The user may not relinquish his/her claims against MOVU to third parties without the written consent of MOVU.
10.2 Changes and addenda to these GTCs and the side agreements must be made in writing. This applies also to the change of this written form requirement.
10.3 If one of the provisions and/or side agreements of these GTCs become lawful in full or in part, this will not affect the validity of the remaining provisions. MOVU and the users agree in this case to replace the invalid provision by a valid provision that most closely corresponds to the economic purpose of the invalid provision This applies to contractual gaps as well.
10.4 The contracts concluded with MOVU are subject exclusively to the substantive Swiss law, excluding the international private law and in particular, the UN Convention on Contracts for the International Sale of Goods (CISG).
10.5 The exclusive place of jurisdiction for all disputes arising from the contractual reserves the right to sue the user I another statutory place of jurisdiction.
Last updated: 12 December 2016