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T&Cs

General Terms & Conditions (T&Cs) for Privat Clients (B2C)

Introduction

Welcome to BOXLY’s General Terms and Conditions (T&Cs) for private customers. These T&Cs provide a comprehensive overview of your rights and obligations when using our self-storage and related services. Our goal is to ensure transparency, fairness, and security in every interaction.

Key highlights include:

  • Scope of Services: Clear definitions of the services we offer, including self-storage, parcel stations, and optional add-ons.
  • Customer Responsibilities: Guidelines for the proper use of storage boxes, safety protocols, and handling of stored items.
  • Flexible Terms: Transparent policies for fees, payments, and flexible start and end dates to suit your needs.
  • Consumer Rights: Dedicated protections under Swiss law, including cancellation rights and data privacy safeguards.
  • Liability and Insurance: Details on BOXLY’s limited liability and options for insuring stored items.
  • Facility Access and Non-Compliance: Rules for access to our facilities, as well as BOXLY’s lien rights and remedies for non-compliance.

These T&Cs are designed to protect both you and BOXLY, ensuring a safe, efficient, and reliable service experience. You may download this document as PDF. For commercial rents, we refer to our Terms & Conditions for companies (B2B). For any questions or clarifications, our support team is always here to help.

GENERAL TERMS & CONDITIONS (GTC) for Privat Clients (B2C)

Version 1.3 (November 2024)


1.SUBJECT OF THE AGREEMENT

1.1 General Scope:
These Terms and Conditions (T&Cs) govern the relationship between BOXLY Selfstorages* (“BOXLY”) and private individuals (“Customer”) renting self-storage boxes or using additional BOXLY services for personal purposes. By entering into a rental or service agreement with BOXLY, the Customer acknowledges and agrees to these T&Cs.

*The BOXLY Self-Storage Group consists of BOXLY Basel GmbH, BOXLY Dübendorf GmbH and BOXLY Kriens GmbH.

1.2 Services Offered: BOXLY provides the following services:

  1. Self-Storage: Secure storage boxes (“Boxes”) for personal use.
  2. Parcel Station Services: Receipt and dispatch of parcels through BOXLY parcel stations.
  3. Any additional services as specified in supplementary agreements or add-ons.

1.3 Nature of the Agreement:

  1. This agreement is a self-storage rental agreement under Swiss law. It is not a custody agreement (Article 472 of the Swiss Code of Obligations). BOXLY does not take responsibility for safeguarding or monitoring the Customer’s stored items.
  2. The agreement does not constitute a commercial lease (Article 253 of the Swiss Code of Obligations). The rented Box is provided solely for storage purposes and not for habitation, office use, or any other unauthorized activity.
  3. The agreement is not a safe deposit box contract. The security level provided is not equivalent to a bank vault. Customers are encouraged to insure valuable items independently.

1.4 Flexibility and Fair Use Policy:

  1. BOXLY’s services are designed to offer maximum flexibility to Customers.
  2. The Customer may begin or end the rental agreement on any calendar day, subject to the minimum rental period of seven (7) days.
  3. BOXLY reserves the right to implement fair use policies to ensure the availability and quality of services for all Customers.

1.5 Integral Agreement:

  1. These T&Cs, along with any supplementary agreements, constitute the complete and binding agreement between BOXLY and the Customer.
  2. In the event of any conflict between these T&Cs and other agreements, the provisions in these T&Cs shall prevail unless explicitly stated otherwise.

1.6 Modifications to the Agreement:

  1. BOXLY reserves the right to amend or update these T&Cs at any time to reflect changes in law, operations, or service offerings.
  2. Changes will be communicated to the Customer via email or the BOXLY platform at least 30 days before the changes take effect. Continued use of BOXLY services after this notice period constitutes acceptance of the amended terms.

1.7 Customer Representations and Obligations:

  1. The Customer represents that they are at least 18 years old and entering into the agreement for personal use.
  2. The Customer agrees to provide accurate contact information, including name, address, and email, and update BOXLY promptly of any changes.

1.8 Acceptance and Enforcement:

  1. By signing the rental agreement or using BOXLY services, the Customer agrees to abide by these T&Cs.
  2. BOXLY reserves the right to enforce these T&Cs and terminate agreements in cases of breach, misuse, or violation of applicable laws.
2. Acceptance and Return of the Self-Storage Box

2.1 Allocation of the Storage Box:

  1. Upon entering into a rental agreement, the Customer will be assigned a storage box (“Box”) at the agreed BOXLY facility.
  2. BOXLY reserves the right to assign any available Box within the selected size category. Customers may not request a specific Box unless otherwise agreed.
  3. If a Box within the selected size category is unavailable, BOXLY reserves the right to upgrade the Customer to a larger Box at no additional cost for the initial rental period.
  4. BOXLY reserves the right to assign the Customer a different Box of the same size within the same building with seven (7) days’ notice. BOXLY will cover the costs of relocating the items.

2.2 Inspection and Condition at Acceptance:

  1. The Customer must inspect the assigned Box upon receiving access and report any defects, damage, or unclean conditions to BOXLY within 24 hours.
  2. Failure to report issues within this timeframe will be deemed as acceptance of the Box in clean and proper condition.

2.3 Access to the Storage Box:

  1. Access to the Box is granted via the BOXLY platform, using secure methods such as app-based permissions, badges (FOBs), or codes.
  2. Access credentials are personal and must not be shared with unauthorized third parties. Customers are responsible for the security of their credentials.

2.4 Verification Requirements:

  1. The Customer must verify their identity and contact details (e.g., phone number, email address) before gaining access to the Box.
  2. BOXLY reserves the right to request additional verification, including address confirmation, at any time during the rental period.

2.5 Return of the Box:

  1. Upon termination of the agreement, the Customer must return the Box in the same condition as it was provided:
    1. Clean and free of any personal belongings.
    2. Without any damage beyond normal wear and tear.
  2. The Customer must notify BOXLY that the Box has been vacated, providing photographic evidence of its empty and clean condition if required.

2.6 Late Clearance or Failure to Vacate:

If the Customer fails to vacate the Box by the agreed termination date, BOXLY reserves the right to:

  1. Charge additional rental fees for the extended use, calculated daily.
  2. Clear and dispose of any remaining items at the Customer’s expense after a grace period of seven (7) days.

2.7 Refund of Deposit:

  1. Deposits will be refunded within 30 days of the agreement’s termination, provided the Box is returned in acceptable condition.
  2. Any costs incurred for cleaning, repairs, or disposal of items will be deducted from the deposit.

2.8 Reassignment of the Box by BOXLY:

  1. BOXLY reserves the right to reassign the Customer to a different Box of the same size and category within the same facility, with at least seven (7) days’ notice.
  2. If the initially assigned box category was unavailable at the start of the rental period and the Customer was provided with an upgrade, BOXLY reserves the right to reassign the Customer to a Box within the originally selected category once it becomes available, with seven (7) days’ notice.
  3. BOXLY will cover any costs associated with such reassignment, including the relocation of items.

2.9 Customer Responsibilities During Use:

  1. The Customer must maintain the Box in a clean and orderly condition during the rental period.
  2. Items stored in the Box must comply with Section 3.7 (Prohibited Items) and should not cause damage to the Box or the facility.
3. Terms of Use for the Self-Storage Box

3.1 Permitted Use:

  1. The Customer may use the Box solely for storing personal belongings.
  2. The Customer is authorized to use only their designated Box, parking space, or container. Items or vehicles stored or parked outside the designated areas may be removed, disposed of, or towed at the Customer’s expense.
  3. The Box may not be used for commercial purposes, habitation, as a workspace, or any illegal activity.
  4. Activities such as operating machinery, connecting electrical devices, or modifying the Box are strictly prohibited.

3.2 Weight Limits and Heavy Items

  1. Weight Limits for Storage: Each storage box has a specified maximum weight capacity, which must not be exceeded. Weight limits are provided for each box category and are available on the BOXLY website or upon request.
  2. Weight Limits for Corridors and Designated Floor Areas: Customers must also adhere to the weight limits specified for corridors and designated floor areas within the facility. These limits ensure the safety and structural integrity of the building. Information on these limits is available on the BOXLY website or upon request.
  3. Reporting Heavy Items: Customers intending to store items with a combined weight exceeding 50% of the box’s maximum weight capacity must notify BOXLY in advance. This ensures the facility can accommodate such storage without risking damage to the structure or flooring.
  4. Prohibited Heavy Items: The following are strictly prohibited unless explicitly authorized in writing by BOXLY:
    1. Items exceeding the specified weight capacity for the rented box.
    2. Machinery, safes, or other objects requiring specialized handling or floor reinforcements.
  5. Liability for Damage: Customers are liable for any damages caused to the box, facility, or other stored items due to failure to comply with weight restrictions.
  6. Inspection and Removal of Overweight Items: BOXLY reserves the right to inspect stored items if there is reasonable suspicion that the weight limit has been exceeded. Overweight items may be removed or relocated at the Customer’s expense, and additional charges may apply for facility repairs or special handling.

3.3 Condition and Maintenance of the Box:

  1. Securing the Box: The Customer is responsible for locking their assigned Box securely. Insurance coverage cannot be guaranteed for unlocked Boxes. BOXLY is not obligated to secure an unlocked Box.
  2. The Customer must keep the Box clean and in proper condition throughout the rental period.
  3. Items must be stored in a way that does not damage the Box or obstruct access to the facility.
  4. The Customer is responsible for the immediate cleanup of any spills, debris, or contamination caused by their stored items.

3.4 Obligation to Report Damages

  1. Prompt Reporting of Damages: The Customer must immediately report any damages to the storage box, common areas, or facility equipment to BOXLY. This includes damages caused by the Customer, other users, or external factors such as accidents or weather events.
  2. Liability for Unreported Damages: Failure to report damages promptly may result in additional repair costs being charged to the Customer if the issue worsens due to delay. Customers may also be held liable for consequential damages if their negligence in reporting affects BOXLY’s ability to address the issue in a timely manner.
  3. Inspection by BOXLY: BOXLY reserves the right to inspect reported damages to assess their cause and determine repair responsibilities. In cases of disputes, BOXLY’s assessment will serve as the basis for resolving the matter.
  4. Costs of Repair: The Customer is responsible for covering repair costs for damages they caused, whether intentional or accidental, including damages to:
    1. The storage box.
    2. Facility infrastructure (e.g., walls, doors, floors, ceilings).
    3. Safety and security equipment.

BOXLY will notify the Customer of repair costs before proceeding.

3.5 Access and Safety Protocols:

  1. Access to the facility and the Box must comply with BOXLY’s safety guidelines, including securing all doors and gates after use.
  2. The Customer may not tamper with security systems, locks, or fire safety equipment.
  3. Use of elevators or trolleys provided by BOXLY must be used in accordance with posted guidelines, particularly weight limits.
  4. Overloading elevators is prohibited, and any resulting damage will be charged to the Customer

3.6 Careful Handling During Delivery and Removal

  1. General Care Requirements: Items must be delivered to and removed from designated areas within the BOXLY facility with care to avoid causing damage or contamination. The Customer must ensure that their actions do not interfere with other users or obstruct common areas, such as corridors and loading zones.
  2. Protection of Facility Infrastructure: Items transported through corridors must not come into contact with or damage:
    1. Walls, doors, or ceilings.
    2. Safety and security equipment, including fire extinguishers, alarms, or sprinklers.
    3. Electrical fixtures, cable trays, cameras, sensors, or other facility installations.
  3. Immediate Cleanup of Contamination: Any spills, debris, or contamination caused during delivery or removal must be cleaned up immediately by the Customer. Failure to address contamination may result in BOXLY arranging for professional cleaning at the Customer’s expense.
  4. Reporting and Responsibility for Damages: The Customer must report any damage to BOXLY immediately. The Customer is liable for repair costs for damages caused during the delivery or removal of their items, including damages to the facility, equipment, or other users’ property.
  5. Use of Transport Equipment: If BOXLY-provided trolleys or other transport equipment are used, they must be handled responsibly and returned to their designated locations after use. BOXLY assumes no liability for injuries or damages caused by improper use of transport equipment.

3.7 Prohibited Items:

The following items are strictly prohibited from being stored in the Box:

  1. Dangerous materials, including flammable, explosive, radioactive, or toxic substances.
  2. Illegal goods, such as counterfeit or stolen items.
  3. Perishable items or foodstuffs that may rot, attract pests, or emit odors.
  4. Living organisms, including pets, plants, or any other biological material.
  5. Valuables such as cash, jewelry, or art, unless expressly permitted by BOXLY and insured by the Customer.
  6. Weapons, ammunition, or other regulated items without proper authorization.
  7. Items requiring special storage conditions not provided by BOXLY (e.g., chemicals, temperature-sensitive goods).

3.8 Specific Rules for Textiles, and Similar Items:

  1. Textiles, mattresses, carpets, and similar items must be sealed in airtight packaging before being stored.
  2. Failure to store such items appropriately may result in contamination or damage, for which the Customer is liable.

3.9 Specific Rules for Storage of Car Tires

  1. Maximum Quantity: A maximum of eight (8) car tires may be stored in any storage box, regardless of the box size or category.
  2. Mandatory Wrapping: All car tires must be individually wrapped in protective, non-permeable material before being brought into the facility. Wrapping must prevent any leakage of dirt, oil, or other contaminants.
  3. Transport and Contamination Prevention: Tires must be transported carefully to avoid contaminating corridors, elevators, or other common areas within the facility. The Customer must clean any spills or debris resulting from tire transport immediately.
  4. Inspection and Removal: BOXLY reserves the right to inspect tires stored in the box to ensure compliance with this provision. Non-compliant tires (e.g., unwrapped or exceeding the quantity limit) may be removed by BOXLY at the Customer’s expense.

3.10 Shared Facility Etiquette:

  1. The Customer must respect other users of the facility by avoiding disturbances and keeping common areas clear.
  2. Parking areas, corridors, and loading zones are for temporary use only and must not be obstructed.

3.11 Responsibility for Stored Items:

  1. The Customer is fully responsible for the security, condition, and insurance of their stored items. BOXLY does not monitor or inspect the contents of Boxes.
  2. Stored items must comply with Section 3.7 (Prohibited Items), 3.8 (Textiles etc.) and 3.9 (Car Tires).
  3. The Customer must ensure that stored items are properly packaged to prevent damage, contamination, or pest infestation.

3.12 Inspection Rights of BOXLY:

  1. BOXLY reserves the right to inspect the Box without prior notice in cases of suspected violations of these T&Cs or legal obligations.
  2. If prohibited items or unsafe conditions are discovered, BOXLY may remove the items at the Customer’s expense and terminate the agreement.

3.13 Use of Power Supply (if available):

  1. Any use of power outlets within the facility requires prior written approval from BOXLY.
  2. The Customer may not install or connect any devices without authorization.
  3. In exceptional cases, BOXLY may provide power to the Box for specific purposes. Electricity usage will be billed quarterly based on consumption. BOXLY reserves the right to terminate the power supply with prior notice and assumes no liability for interruptions or disturbances in the power supply.

3.14 Prohibition of Subletting:

  1. Subletting or sharing the Box with third parties is strictly prohibited.
  2. The Customer may grant temporary access to trusted individuals (e.g., family members, home movers) using the BOXLY app, but the Customer remains fully responsible for their actions.

3.15 Alterations to the Box:

  1. The Customer may not make any alterations to the Box, including drilling, painting, or attaching fixtures.
  2. Any unauthorized modifications will be repaired by BOXLY at the Customer’s expense.

3.16 Fire and Smoking Regulations:

  1. Smoking is prohibited within the facility, including entrances, corridors, and storage areas.
  2. Fire exits and safety equipment must remain unobstructed and accessible at all times.
  3. Customers are liable for any damages caused by violation of fire safety rules.

3.17 Waste Disposal:

  1. Customers must remove all waste and packaging materials from the premises.
  2. Waste left behind in the Box or common areas will be removed by BOXLY at the Customer’s expense.

3.18 Prohibition of Hazardous Activities:

  1. Activities that pose a risk to the facility, other Customers, or BOXLY staff are strictly prohibited.
  2. Examples include storing flammable items, causing intentional damage, or operating dangerous equipment.

3.19 Relocation of Items by BOXLY:

  1. BOXLY reserves the right to relocate items stored outside the assigned Box or in unauthorized areas, charging the Customer for any costs incurred.
  2. BOXLY assumes no liability for damages caused during such relocations.
4. Rental Fees, Deposits, and Payment Terms

4.1 Flexible Rental Periods; Flexible Start and End Dates:

  1. BOXLY offers flexibility for rental agreements, allowing Customers to start or terminate their rental on any calendar day.
  2. Customers might rent as long or as short as the want
  3. The minimum rental period is seven (7) days, regardless of the actual duration of storage use.

4.2 Initial Payment Requirements:

  1. At the start of the agreement, the Customer is required to prepay:
    1. Rental fees for one (1) full month.
    2. Deposit equivalent to one (1) month’s rental fee.
  2. The deposit is held as security against potential damages, unpaid fees, or violations of these T&Cs.

4.3 Rental Fees and discounts:

  1. The standard Rental Fees are charged on a monthly basis, but prorated for shorter or mid-term rental periods (see Recalculation of Rental Fees upon Termination)
  2. Current rental rates are available on the BOXLY website or upon request.
  3. There are discounts available for long term prepaid hires, such as:
    1. 5% discount for a 3-month prepaid hire,
    2. 10% discount for a 6-month prepaid hire and
    3. 15% discount for a 12-month prepaid hire.
    4. The discount applies only to the standard rental rates – these discounts can be repeated / extended as often as one likes (unlimited)
  4. There might be other special discounts available, e.g. a discount on the first month rental period, but these special discounts only apply to new rentals
  5. Boxly might change the discounts at anytime

4.4 Calculation of Rental Fees

  1. Rental Fees by Volume: Rental fees are calculated based on the volume of the selected storage box category. Each category is defined by its storage volume, ranging from a minimum (xx.xxx m³) to a maximum (yy.yyy m³). Every Storage Box has been assigned to a specific category, according to its storage volume.
  2. Floorspace Representation: BOXLY also provides an approximate floorspace measurement (zz.zz m²) for each box category on its website. This floorspace is derived by dividing the volume of the box by its height.
  3. Variation in Box Height: The height of boxes may vary due to structural considerations, such as maintaining a minimum clearance of 10 cm from the ceiling or accounting for obstructions like piping. As a result, the ratio of floorspace to volume is not consistent across all storage boxes. Customers should prioritize volume specifications when selecting a box.
  4. Standardized Rates: BOXLY offers standardized rates for each volume category, published on its website or made available upon request.
  5. Measurement Variance: BOXLY makes every effort to ensure accurate measurements; however, the provided measurements for box volume and floorspace may vary by up to 2%.

4.5 Price Adjustments

  1. Right to Adjust Fees: BOXLY reserves the right to adjust rental fees and other charges in response to changes in operational costs or market conditions.
  2. Notification of Adjustments: Customers will be notified at least thirty (30) days in advance of any price changes, which will apply to the next billing cycle.

4.6 Recalculation of Rental Fees upon Termination

  1. Short- or Mid-Month Terminations: When a rental agreement ends before the prepaid month concludes, BOXLY will recalculate the rental fee based on the actual days of usage.
    1. The daily fee is determined by dividing the monthly rental fee by thirty (30).
    2. Any unused portion of the prepaid amount will be refunded.
  2. When the rental agreement is terminated before the end of a prepaid month, BOXLY will recalculate the rental fees as follows:
    1. Daily Rate Calculation: The monthly rental fee is divided by 30 to determine the daily rental rate.
    2. Adjusted Fee: The adjusted rental fee is calculated by multiplying the daily rate by the number of days the storage was used.
    3. Refund of Excess Payment: If the adjusted fee is lower than the prepaid amount, the excess will be refunded to the Customer.
    4. No Refund Below Minimum Period: The minimum charge for storage use is the equivalent of seven (7) days’ rent, even if the Customer uses the Box for fewer days.

4.7 Deposits

  1. Deposit Amount: Customers are required to pay a deposit equivalent to one (1) month’s rental fee for the selected box category at the start of the rental agreement.
  2. Purpose of the Deposit: The deposit serves as security for any damages, outstanding payments, or violations of the rental agreement.
  3. Refund of Deposit: BOXLY will refund the deposit within fifteen (15) days after the termination of the rental agreement, provided:
    1. The storage box is returned empty, clean, and undamaged.
    2. All outstanding fees or costs, such as for cleaning, repairs, or disposal of items, have been fully settled.
    3. No Interest: The deposit will be refunded without any accrued interest.
  4. Deductions from Deposit: BOXLY reserves the right to deduct costs related to damages, cleaning, disposal of remaining items, or unpaid fees from the deposit.

4.8 Additional Fees

BOXLY may charge additional fees, including but not limited to:

  1. Cleaning fees for boxes returned in unsatisfactory condition.
  2. Repair costs for damages beyond normal wear and tear.
  3. Disposal fees for items left in the box after termination.
  4. Charges for uncollected parcels at parcel stations or items left behind in storage boxes.
  5. Administrative fees for replacing lost, stolen or replaced access credentials.

4.9 Special Charges for Heavy Items:

  1. Customers storing heavy items that require additional handling or exceed weight limits for the facility may incur special charges.
  2. BOXLY reserves the right to assess and invoice these charges based on the additional costs incurred.
  3. These fees will be communicated in advance.

4.10 Payment Terms

  1. Prepayment Requirement: Rental fees and the deposit must be prepaid before the Customer is granted access to the storage box or parcel station services. All additional charges (if applicable), must also be paid in advance
  2. Accepted Payment Methods: Payments can be made via credit card, bank transfer, or other methods specified by BOXLY. BOXLY does not accept cash payments.
  3. Monthly Payments: Standard Rental fees are billed monthly.
  4. Payment Deadlines: Payments are due by the date specified on the invoice.

4.11 Late Payments:

  1. Payments not received by the due date will be subject to a CHF 20 late payment fee per reminder.
  2. BOXLY reserves the right to restrict access to the storage box until overdue payments are settled.
  3. After two reminders, unpaid fees may be referred to a collection agency, and the customer will bear any additional collection costs.

4.12 Treatment of Overpayments

Refund of Overpayments: Any overpayments will be refunded within fifteen (15) days or credited to the customer’s account upon request.

5. Parcel Station Services

5.1 Scope of Parcel Station Services:

  1. BOXLY may provide parcel stations for the receipt, temporary storage, and dispatch of parcels.
  2. These services are available for personal use only and are subject to the conditions outlined in this section.

5.2 Use of Parcel Stations:

  1. Customers may use the parcel stations to:
    1. Receive parcels delivered by approved courier services.
    2. Dispatch parcels via BOXLY’s integrated shipping partners or designated collection services.
  2. The Customer must ensure that all parcels comply with Section 5.5 (Prohibited Parcels).

5.3 Access to Parcel Stations:

  1. Parcel station access is managed through the BOXLY platform or app.
  2. The Customer will receive notifications when a parcel has been delivered to or is ready for dispatch from a parcel station.
  3. Access credentials must not be shared with unauthorized third parties.

5.4 Collection Deadlines and Additional Fees:

  1. Customers must collect parcels from the parcel station within the allocated time frame specified in the delivery notification.
  2. Uncollected parcels may incur additional storage fees, which are calculated daily and billed to the Customer.
  3. BOXLY reserves the right to relocate uncollected parcels to an alternate secure location, with relocation and handling fees charged to the Customer.

5.5 Liability and Insurance for Parcels:

  1. BOXLY is not liable for:
    1. Loss, theft, or damage to parcels caused by third-party couriers or external factors.
    2. Delays or errors in delivery or pickup by courier services.
  2. Customers are strongly encouraged to insure valuable parcels independently.

5.6 Prohibited Parcels:

The following items are strictly prohibited from being stored or dispatched via the parcel station:

  1. Dangerous or hazardous materials (e.g., flammables, explosives, radioactive substances).
  2. Illegal goods or items prohibited under Swiss law.
  3. Perishable or temperature-sensitive goods unless explicitly agreed upon with BOXLY.
  4. Items requiring special handling or regulatory approvals, such as firearms or medical substances.

5.7 Customer Responsibility for Parcel Information:

  1. The Customer is responsible for ensuring that:
    1. Parcels are correctly labelled and addressed.
    2. Contents comply with all applicable laws and BOXLY’s T&Cs.
  2. BOXLY reserves the right to refuse or return incorrectly labelled or prohibited parcels at the Customer’s expense.

5.8 Transport and Handling of Parcels:

  1. Customers must handle parcels with care when accessing or using the parcel stations.
  2. Damage to parcel stations or other facilities caused during parcel transport will be repaired by BOXLY at the Customer’s expense.

5.9 Inspection and Removal of Parcels by BOXLY:

  1. BOXLY reserves the right to inspect parcels in cases of suspected violations of these T&Cs or Swiss law.
  2. Prohibited parcels or items posing a safety risk may be removed or reported to the appropriate authorities.

5.10 Parcel Dispatch Services:

  1. BOXLY offers optional parcel dispatch services in partnership with approved couriers.
  2. Customers must prepay for dispatch fees through the BOXLY platform.
  3. BOXLY assumes no liability for delays or errors caused by third-party couriers.

5.11 Termination of Parcel Station Services:

BOXLY reserves the right to terminate parcel station access for Customers who:

  1. Repeatedly fail to collect parcels on time.
  2. Violate these T&Cs, including storing prohibited items.
  3. Engage in activities deemed unsafe or unlawful.
6. Access to the Building and the Rented Box

6.1 Access Control and Security:

  1. Access to BOXLY facilities and the rented storage box (“Box”) is controlled through the BOXLY app, personalized codes, badges (FOBs), or other secure methods provided to the Customer.
  2. Access badges (Noke FOBs), codes, and keys are non-transferable and must be stored securely by the Customer. Any loss or theft must be reported to BOXLY immediately.
  3. The Customer must adhere to all BOXLY safety regulations, including access protocols and instructions for operating doors and locking systems.
  4. Customers must ensure the confidentiality of their access credentials and notify BOXLY immediately in case of loss, theft, or unauthorized access.
  5. The Customer consents to the recording and storage of video footage as permitted by law.

6.2 Facility Operating Hours:

  1. Standard facility operating hours are from 6:00 AM to 10:00 PM daily, including Sundays and holidays.
  2. Extended 24/7 access may be available upon request and at an additional fee, subject to BOXLY’s approval.

6.3 Rules for Facility Entry and Exit:

  1. Customers must ensure that all doors and gates are properly closed after entry or exit to maintain security for all users.
  2. The Customer must ensure that they enter alone and secure all doors and gates upon entry. Any issues must be reported to BOXLY immediately.
  3. Unauthorized access or allowing third parties to enter the facility without BOXLY’s approval is prohibited.

6.4 Access for Third Parties:

  1. The Customer may grant temporary access to trusted individuals (e.g., family members, home movers) through the BOXLY app.
  2. The Customer remains fully responsible for ensuring that these individuals comply with these T&Cs.

6.5 Restrictions on Access:

BOXLY reserves the right to restrict or revoke access to the facility and the Box in the following cases:

  1. Non-payment of rental fees.
  2. Violation of these T&Cs or other facility rules.
  3. Safety concerns or emergencies requiring restricted access.

6.6 Use of Common Areas and Facility Equipment:

  1. Common areas such as corridors, elevators, loading zones, and parking spaces must be used responsibly and kept clear of obstructions.
  2. BOXLY-provided equipment, such as trolleys or carts, must be used with care and returned to their designated locations after use.

6.7 Weight and Safety Considerations:

  1. Customers must adhere to weight limits specified for facility elevators, floors, and storage boxes.
  2. Transporting heavy items must be done with caution to prevent damage to the facility or equipment.
  3. BOXLY must be notified in advance of plans to store exceptionally heavy items to ensure proper handling and accommodation.

6.8 Use of Emergency Exits:

  1. Emergency exits are to be used only in the event of an actual emergency.
  2. Misuse of emergency exits, including blocking or tampering with them, is strictly prohibited and may result in fines or termination of the rental agreement.

6.9 Damages and Reporting Obligations:

  1. The Customer must report any damages to facility infrastructure, security systems, or equipment immediately to BOXLY.
  2. Customers are liable for repair costs for any damages caused by their actions or negligence, incl. damage to:
    1. Doors, walls, or ceilings.
    2. Security and safety equipment, such as fire extinguishers or alarms.
    3. Common area facilities, such as elevators or trolleys.

6.10 BOXLY’s Right of Entry:

  1. BOXLY personnel may enter the rented Box in the following circumstances:
    1. To address emergencies that pose a risk to safety, property, or other stored items.
    2. For inspections related to suspected violations of these T&Cs or applicable laws (e.g., storing prohibited items).
    3. To carry out maintenance, repairs, or facility upgrades.
  2. Where possible, BOXLY will notify the Customer in advance of such access unless immediate entry is required for safety or legal reasons.

6.11 Prohibition of Additional Locks:

  1. For Boxes equipped with BOXLY-managed locking systems, the Customer is prohibited from installing additional locks.
  2. Unauthorized locks may be removed by BOXLY at the Customer’s expense.

6.12 Loss of Access Credentials:

  1. In the event of lost or stolen access credentials, the Customer must notify BOXLY immediately to prevent unauthorized access.
  2. Replacement credentials may incur additional fees, as specified in the BOXLY fee schedule.

6.13 Monitoring and Security Measures:

  1. BOXLY facilities are equipped with video surveillance and other security measures to ensure the safety of stored items and facility infrastructure.
  2. By using BOXLY services, the Customer consents to the use of surveillance for security purposes in compliance with Swiss data protection laws.

6.14 Customer Conduct in the Facility:

  1. Customers must conduct themselves respectfully and in accordance with facility rules at all times.
  2. Behaviours that disturb other users or damage the facility may result in restricted access or termination of the agreement.
7. Contract Duration and Termination

7.1 Minimum Contract Period:

  1. The minimum rental period for self-storage services is seven (7) days.
  2. Parcel station services are provided on a pay-per-use basis or under separate agreements, with no fixed minimum term unless otherwise specified.

7.2 Start of the Contract:

  1. The rental agreement begins on the date access to the storage box is granted or the parcel station services are first used.
  2. Customers may choose a flexible start date, subject to BOXLY’s confirmation and availability of the selected storage box or service.

7.3 Termination by the Customer:

  1. The Customer may terminate the agreement at any time by providing notice through the BOXLY platform or in writing, subject to the following conditions:
  2. Although a prior notice of termination is highly appreciated, no prior termination notice is required
  3. The storage box must be vacated, cleaned, and returned in accordance with Section 2.
  4. Termination Procedure:
    1. Empty and clean the Box: Ensure the Box is entirely empty and clean.
    2. Take a photo: Stand in front of the open door of the Box and take a photo showing the empty, clean condition of the Box.
    3. Lock the Box: Properly close and lock the door.
    4. Send the photo: Email the photo to info@boxly.ch.
  5. Once BOXLY has received the photo and verified the condition of the Box, the rental will officially end.
  6. If termination at the end of a prepaid rental month, no recalculation of the Rental fee is required.
  7. For termination within a prepaid rental month, the rental fee will be recalculated based on the number of days the box was used, as outlined in Section 4.6.

7.4 Termination by BOXLY:

  1. BOXLY reserves the right to terminate the agreement without notice in the following cases:
    1. Non-payment of rental fees or other charges after two (2) reminders.
    2. Violation of these T&Cs, including but not limited to storing prohibited items, damaging the facility, or unauthorized use of the services.
    3. Legal or regulatory violations by the Customer.
  2. BOXLY may also terminate the agreement with a notice period of at least 14 days for operational reasons, such as facility closure or major renovations. In such cases, BOXLY will assist the Customer in relocating their stored items where possible.

7.5 Obligations Upon Termination:

The Customer must:

  1. Remove all items from the storage box by the agreed termination date.
  2. Leave the box clean and undamaged, in accordance with Section 2.
  3. Settle any outstanding fees or charges before vacating the box.

7.6 Unclaimed Items After Termination:

If the Customer fails to vacate the box or collect parcels from the parcel station by the termination date, BOXLY reserves the right to:

  1. Remove, relocate, or dispose of the items at the Customer’s expense after a grace period of seven (7) days.
  2. Deduct any related costs from the Customer’s deposit or issue an invoice for additional charges.

7.7 Recalculation and Refunds:

  1. Upon termination, BOXLY will recalculate the rental fee for self-storage services based on the actual number of rental days used during the final month, as outlined in Section 4.6.
  2. Refunds for any unused portion of prepaid fees will be processed within 15 days after termination, provided the box has been vacated in acceptable condition and all obligations have been met.

7.8 Deposit Refund:

  1. The Customer’s deposit will be refunded within 15 days after termination, subject to deductions for:
    1. Outstanding rental fees or additional charges.
    2. Cleaning, repair, or disposal costs for items left in the box.
  2. Refunds will be issued to the Customer’s designated bank account (IBAN) or another agreed method.

7.9 Extension of the Contract Term:

If the Customer continues to use the box or parcel station services after the end of the agreed rental period without formally terminating the agreement, the contract will automatically extend on a month-to-month basis under the same terms.

7.10 Extraordinary Termination and Force Majeure:

  1. In cases of force majeure (e.g., natural disasters, government orders), BOXLY reserves the right to terminate the agreement immediately if the facility is rendered unsafe or unusable.
  2. The Customer will be refunded for any unused portion of prepaid fees in such cases, excluding days when the facility was accessible prior to the termination.

7.11 Early Access Suspension:

BOXLY may suspend the Customer’s access to the facility or services before formal termination if:

  1. There is a reasonable suspicion of misuse or illegal activities.
  2. Immediate action is required to prevent harm to the facility, other users, or BOXLY staff.
8. Liability of BOXLY

8.1 General Limitation of Liability:

  1. BOXLY is liable only for direct damages caused by gross negligence or wilful misconduct by BOXLY or its authorized representatives.
  2. BOXLY’s liability is limited to the actual value of the damaged or lost items, up to a maximum of CHF 2,000 per incident, unless a higher value has been insured separately by the Customer.

8.2 Exclusions of Liability:

BOXLY is not liable for:

  1. Loss, theft, or damage to items resulting from the Customer’s failure to comply with these T&Cs, including improper storage or handling.
  2. Indirect or consequential damages, such as loss of income, emotional distress, or business interruptions.
  3. Damages caused by external factors, including but not limited to:
    1. Natural disasters (e.g., floods, earthquakes).
    2. Force majeure events (e.g., war, government orders, pandemics).
    3. Acts of third parties (e.g., theft, vandalism).

8.3 Customer’s Responsibility for Stored Items:

BOXLY does not inspect or monitor the contents of storage boxes or parcels. The Customer is solely responsible for ensuring the safety, legality, and compliance of their stored items with Section 3.7, 3.8, 3.9 and 5.5 (Prohibited Items).

8.4 Exclusions for Environmental and Pest Damage:

  1. BOXLY is not liable for damages caused by environmental factors such as:
    1. Humidity, temperature fluctuations, or condensation.
    2. Pest infestations, including insects or rodents.
  2. Customers must take appropriate precautions, such as using airtight packaging for sensitive items.

8.5 Liability for Technical or Operational Failures:

BOXLY is not liable for damages resulting from temporary access restrictions, equipment malfunctions (e.g., internet, electricity, heating), or operational disruptions (e.g., defect elevators, lorry ramps, access doors) caused by factors beyond BOXLY’s control, including power outages or technical failures. Customers cannot claim compensation or rent reductions due to such interruptions.

8.6 Limitation of Liability for Parcel Station Services:

BOXLY is not responsible for:

  1. Delays or errors caused by third-party courier services.
  2. Loss or damage to parcels once collected by the designated courier or after the collection deadline has passed.
  3. Customers must ensure parcels are properly packaged, labelled, and compliant with Section 5.5 (Prohibited Parcels).

8.7 Customer’s Duty to Mitigate Damages:

The Customer is obligated to take reasonable measures to prevent or mitigate damages to their stored items or parcels. This includes promptly reporting any issues to BOXLY and addressing improper packaging or storage practices.

8.8 Reporting of Incidents:

  1. Any incidents resulting in damage or loss must be reported to BOXLY immediately.
  2. Failure to report damages or losses in a timely manner may result in BOXLY declining liability for the incident.

8.9 Liability for Damages to Facility:

  1. BOXLY is not liable for damages caused by misuse of the facility by the Customer, including:
    1. Overloading storage boxes beyond weight limits.
    2. Improper use of elevators, trolleys, or other equipment.
    3. Damage to walls, doors, floors, ceilings, or safety equipment.
  2. Repair costs for such damages will be charged to the Customer.

8.10 Optional Insurance Coverage:

  1. BOXLY offers optional insurance coverage for stored items. Customers must declare the value of items to be insured and ensure timely payment of insurance premiums.
  2. Insurance coverage becomes void if the Customer fails to pay premiums or breaches these T&Cs.

8.11 Force Majeure:

BOXLY is not liable for any damages, losses, or delays caused by events beyond its reasonable control, including but not limited to:

  1. Natural disasters.
  2. Acts of terrorism or war.
  3. Government-imposed restrictions or orders.

8.12 Liability for Access Restrictions:

Temporary access restrictions to the facility or storage box due to maintenance, emergencies, or safety concerns do not entitle the Customer to compensation or rent reductions.

8.13 Final Limitation:

BOXLY’s liability is strictly limited to the terms outlined in this section. Customers who require higher levels of protection for their stored items are strongly encouraged to secure private insurance.

9. Insurance of Stored Items

9.1 Customer Responsibility for Insurance:

  1. The Customer is solely responsible for ensuring their stored items are adequately insured against risks such as theft, fire, water damage, and other potential hazards.
  2. BOXLY does not provide automatic insurance coverage for items stored in its facilities or parcels placed in its parcel stations.

9.2 Optional Insurance Through BOXLY:

  1. BOXLY offers an optional insurance service for stored items at an additional cost.
  2. Customers who wish to purchase this insurance must:
    1. Declare the value of the stored items accurately.
    2. Pay the insurance premiums in advance as part of the rental agreement.

9.3 Conditions for BOXLY Insurance Coverage:

  1. The following conditions apply to BOXLY’s optional insurance:
    1. Coverage is limited to the declared value of the items, up to a maximum specified in the insurance policy.
    2. The Customer must comply with BOXLY’s storage guidelines, including proper packaging and adherence to prohibited item restrictions (see Section 3.7).
    3. Claims for damage or loss must be reported to BOXLY immediately and within the timeframe specified in the insurance policy.
  2. BOXLY reserves the right to deny claims if:
    1. The damage or loss results from improper use, handling, or storage by the Customer.
    2. The declared value of the items is found to be inaccurate or fraudulent.

9.4 Exclusions from Insurance Coverage:

The following items are excluded from BOXLY’s optional insurance:

  1. Prohibited items (as outlined in Section 3.7).
  2. High-value items such as jewelry, cash, art, and antiques, unless specifically declared and approved in writing by BOXLY.
  3. Items damaged by external factors beyond BOXLY’s control, such as natural disasters or force majeure events.

9.5 Verification of Insurance Coverage:

  1. Customers who do not opt for BOXLY’s insurance service must provide proof of private insurance coverage upon request.
  2. Failure to maintain adequate insurance does not transfer liability for loss or damage to BOXLY.

9.6 Claims Process for BOXLY Insurance:

  1. Customers who have purchased BOXLY’s optional insurance must follow these steps to file a claim:
    1. Report the incident to BOXLY immediately and provide a detailed description of the damage or loss.
    2. Submit supporting documentation, such as photographs, receipts, or invoices, to verify the value and condition of the stored items.
    3. Cooperate fully with BOXLY and the insurance provider during the investigation of the claim.
  2. Claims that do not meet the policy requirements or lack sufficient documentation may be denied.

9.7 Liability Without Insurance:

  1. Customers who choose not to insure their items acknowledge that they bear all risks associated with storage, including theft, fire, and water damage.
  2. BOXLY’s liability remains limited as outlined in Section 9 (Liability of BOXLY).

9.8 Insurance Coverage for Parcel Station Services:

  1. Items stored temporarily in BOXLY’s parcel stations are not covered by BOXLY’s optional insurance.
  2. Customers are advised to ensure parcels are insured independently through the courier or private insurance providers.

9.9 Changes to Insurance Terms:

  1. BOXLY reserves the right to amend the terms and conditions of its optional insurance service at any time.
  2. Customers will be notified of such changes in writing or through the BOXLY platform at least 30 days in advance.

9.10 Customer Obligation to Update Insurance Information:

  1. Customers must notify BOXLY promptly of any changes to their insurance needs, including updates to the value of stored items.
  2. Failure to update this information may affect the validity of BOXLY’s optional insurance coverage
10. Terms of Use for WLAN (WIFI)

10.1 Provision of WLAN Services:

  1. BOXLY may provide WLAN (Wireless Local Area Network) access to Customers at designated facilities as a convenience during their use of BOXLY services.
  2. WLAN access is provided free of charge and is subject to the conditions outlined in this section.

10.2 Purpose of Use:

  1. The WLAN is intended for basic internet usage, such as accessing the BOXLY platform, managing storage-related tasks, or communicating with customer support (e.g. by email, WhatsApp, Skype).
  2. The WLAN must not be used for:
    1. Illegal activities, including downloading or sharing copyrighted materials without permission.
    2. Accessing or distributing inappropriate, offensive, or harmful content.
    3. Hacking, spamming, or other activities that could disrupt the WLAN or other users’ devices.

10.3 Access and Login Credentials:

  1. Access to the WLAN is granted through a secure login process, with credentials provided by BOXLY upon request.
  2. Login credentials are personal and must not be shared with unauthorized third parties.

10.4 Customer Responsibilities:

  1. The Customer is responsible for ensuring their device is secure and free of malware, viruses, or any other software that could harm the WLAN network or other users.
  2. The Customer must ensure their use of the WLAN complies with these T&Cs and applicable laws.

10.5 Data Security and Privacy:

  1. While BOXLY takes reasonable measures to secure the WLAN network, it cannot guarantee complete protection against unauthorized access, data interception, or breaches.
  2. Customers are advised to avoid transmitting sensitive or personal information over the WLAN unless using secure connections (e.g., HTTPS, VPN).
  3. BOXLY is not liable for any loss, theft, or unauthorized access to data transmitted over the WLAN.

10.6 Usage Monitoring and Restrictions:

  1. BOXLY reserves the right to monitor WLAN usage for the purpose of ensuring network security and compliance with these T&Cs.
  2. Excessive bandwidth usage, activities causing network disruptions, or violations of these T&Cs may result in suspension or termination of WLAN access.

10.7 Liability for Misuse:

  1. The Customer is fully liable for any misuse of the WLAN, including damages caused to BOXLY, other users, or third parties as a result of their activities.
  2. BOXLY reserves the right to recover costs incurred from such misuse and to take legal action if necessary.

10.8 Service Availability and Limitations:

  1. WLAN services are provided on an “as-is” and “as-available” basis. BOXLY does not guarantee uninterrupted access, high-speed performance, or compatibility with all devices.
  2. Temporary outages may occur due to maintenance, technical issues, or external factors beyond BOXLY’s control.

10.9 Prohibited Activities:

The following activities are strictly prohibited when using BOXLY’s WLAN:

  1. Unauthorized access to other devices or networks.
  2. Distribution of malware, phishing attempts, or fraudulent communications.
  3. Any activity that violates Swiss law or international regulations.

10.10 Termination of WLAN Access:

BOXLY reserves the right to terminate WLAN access without notice if the Customer violates these T&Cs or engages in prohibited activities.

10.11 Customer Support for WLAN Issues:

BOXLY provides limited customer support for WLAN-related issues and does not guarantee resolution for device-specific connectivity problems.

10.12 Amendments to WLAN Terms:

BOXLY reserves the right to amend the terms and conditions for WLAN usage at any time. Updates will be communicated via the BOXLY platform or other appropriate channels. Continued use of the WLAN constitutes acceptance of the updated terms.

11. Data Protection

11.1 Compliance with Data Protection Laws:

  1. BOXLY processes personal data in accordance with applicable Swiss data protection laws and the General Data Protection Regulation (GDPR) where relevant.
  2. BOXLY’s Privacy Policy, available on its website, provides further details on how personal data is collected, stored, and used.

11.2 Collection of Personal Data:

  1. BOXLY collects personal data from Customers for the following purposes:
    1. Managing rental agreements and providing BOXLY services.
    2. Communicating important updates, notifications, or operational changes.
    3. Ensuring security, including video surveillance and access logs.
  2. Personal data collected may include, but is not limited to:
    1. Name, address, and contact details (e.g., phone number, email).
    2. Payment information.
    3. Access records for storage boxes and parcel stations.

11.3 Use of Personal Data:

Personal data is processed for the following purposes:

  1. Execution of contractual obligations between BOXLY and the Customer.
  2. Maintaining the safety and security of BOXLY facilities.
  3. Compliance with legal and regulatory requirements.

11.4 Video Surveillance and Security Logs:

  1. BOXLY facilities are equipped with video surveillance systems and access control logs to ensure security.
  2. Video recordings and access logs are stored securely and accessed only by authorized personnel.
  3. This data may be used to investigate security incidents or compliance breaches and shared with authorities if required by law.

11.5 Data Sharing with Third Parties:

  1. BOXLY may share personal data with trusted third parties for operational purposes, such as:
    1. Payment processing providers.
    2. Courier services for parcel handling.
    3. IT service providers for platform management.
  2. BOXLY ensures that third parties comply with strict data protection standards and use personal data only for the intended purpose.
  3. Personal data will not be sold or shared with unauthorized entities for marketing purposes.

11.6 Customer Rights:

Customers have the following rights regarding their personal data:

  1. Access: Request access to personal data stored by BOXLY.
  2. Correction: Request corrections to inaccurate or incomplete data.
  3. Deletion: Request deletion of personal data, provided it is no longer required for contractual or legal purposes.
  4. Restriction: Request restrictions on the processing of their data in specific circumstances.
  5. Portability: Request a copy of their data in a commonly used electronic format.
  6. Objection: Object to the processing of their data for direct marketing purposes.

11.7 Request Procedure:

  1. Requests regarding personal data can be submitted via email to BOXLY’s designated Data Protection Officer (DPO).
  2. BOXLY will respond to requests within 30 days, unless the request is complex and requires additional time, in which case the Customer will be informed.

11.8 Data Retention Period:

  1. Personal data is retained only for as long as necessary to fulfil contractual, operational, or legal obligations.
  2. Video surveillance data is typically retained for a maximum of 30 days unless required for investigations.

11.9 Data Security Measures:

BOXLY employs robust technical and organizational measures to protect personal data, including:

  1. Encryption of sensitive data.
  2. Regular security audits.
  3. Restricted access to personal data, limited to authorized personnel.

11.10 Breach Notification:

In the event of a data breach that poses a significant risk to the Customer’s rights, BOXLY will notify affected Customers and relevant authorities promptly in accordance with legal requirements.

11.11 Consent for Data Processing:

By entering into an agreement with BOXLY, the Customer consents to the collection, storage, and processing of their personal data as described in these T&Cs and BOXLY’s Privacy Policy.

11.12 Updates to the Data Protection Policy:

  1. BOXLY reserves the right to update its data protection practices and Privacy Policy to reflect changes in law or operational requirements.
  2. Customers will be notified of significant changes, and continued use of BOXLY services constitutes acceptance of the updated practices.

11.13 Contact for Data Protection Inquiries:

Customers can direct data protection inquiries to:

BOXLY SelfStorage Group

Data Protection Officer

c/o BOXLY Kriens GmbH, Ringstrasse 23  CH-6010  Kriens (LU)

Email: info@boxly.ch


12. Non-Compliance with Contractual Terms

12.1 Definition of Non-Compliance:

Non-compliance with contractual terms includes, but is not limited to:

  1. Failure to pay rental fees or other charges by the specified due date.
  2. Violation of BOXLY’s rules for use of the facility or storage boxes, including the storage of prohibited items (see Section 3.7).
  3. Damage to BOXLY facilities, equipment, or other users’ property.
  4. Misuse of access credentials or unauthorized entry to the facility.
  5. Breach of safety protocols, such as tampering with fire or security systems.
  6. Non-compliance with legal obligations, including the storage or handling of illegal goods.

12.2 Notification of Non-Compliance:

  1. BOXLY will notify the Customer in writing or via the BOXLY platform upon identifying a breach of these T&Cs.
  2. The notification will include details of the breach, required corrective actions, and a deadline for resolution.

12.3 Immediate Actions by BOXLY:

In cases of severe non-compliance that pose an immediate threat to safety, security, or legal obligations, BOXLY reserves the right to:

  1. Restrict or revoke the Customer’s access to the facility and storage box without prior notice.
  2. Remove or relocate items stored in violation of these T&Cs.
  3. Report illegal activities or prohibited items to the relevant authorities.

12.4 Fees and Penalties for Non-Compliance:

  1. BOXLY may impose additional fees or penalties for non-compliance, including:
    1. Administrative fees for handling breaches of contract.
    2. Costs for cleaning, repairs, or replacement of damaged property.
    3. Fees for disposal or relocation of prohibited or abandoned items.
    4. Legal fees and collection costs for recovering outstanding payments.
  2. All fees and penalties will be invoiced to the Customer and must be paid within the specified timeframe.

12.5 Lien on Stored Items:

  1. Establishment of Lien: The Customer grants BOXLY a right of retention over all stored items in the rented storage box as per Article 895 of the Swiss Civil Code (ZGB), as security for any unpaid fees, penalties, or costs arising from the Customer’s non-compliance.
  2. Right to Retain Items: BOXLY may deny the Customer access to the storage box and retain the stored items until all outstanding amounts are fully paid.
  3. Notice of Lien Enforcement: BOXLY will notify the Customer in writing of its intent to enforce the lien, specifying the outstanding amount and providing a minimum deadline of 14 days for payment.
  4. Sale or Disposal of Items: If payment is not received by the deadline, BOXLY may:
    1. Sell the stored items to recover unpaid fees and related costs.
    2. Dispose of items that are unsellable or of negligible value.
    3. Proceeds from the sale will first cover outstanding amounts, with any surplus refunded to the Customer after deducting reasonable costs.
  5. Customer Liability After Sale or Disposal: If the sale proceeds do not fully cover the outstanding amount, the Customer remains liable for the remaining balance.
  6. Exclusions from Lien: Illegal, hazardous, or prohibited items are excluded from the lien and may be disposed of immediately without prior notice (see Section 3.7).
  7. Legal Compliance: BOXLY will enforce the lien in accordance with applicable Swiss laws and regulations.

12.6 Termination Due to Non-Compliance:

  1. BOXLY reserves the right to terminate the rental agreement with immediate effect in cases of repeated or severe non-compliance.
  2. In such cases, the Customer must vacate the storage box and remove their items within the timeframe specified by BOXLY.
  3. BOXLY may dispose of or relocate any remaining items at the Customer’s expense if the box is not vacated on time.

12.7 Liability for Damages:

The Customer is fully liable for all damages resulting from their non-compliance, including:

  1. Repairs to BOXLY facilities, equipment, or storage boxes.
  2. Compensation for damages to other users’ property caused by the Customer’s actions.
  3. Fines or penalties imposed on BOXLY due to the Customer’s violation of Swiss law.

12.8 Recovery of Outstanding Payments:

In cases of non-payment, BOXLY reserves the right to take the following actions:

  1. Issue up to two reminders for overdue payments, each with an administrative fee of CHF 20.
  2. Suspend access to the storage box or parcel station until all outstanding payments are settled.
  3. Refer the outstanding debt to a collection agency, with additional costs charged to the Customer.

12.9 Inspection and Removal of Non-Compliant Items:

  1. BOXLY reserves the right to inspect storage boxes or parcel stations in cases of suspected non-compliance.
  2. Prohibited or non-compliant items may be removed, disposed of, or reported to authorities, with all related costs charged to the Customer.

12.10 Customer’s Obligation to Resolve Non-Compliance:

The Customer is required to take immediate corrective action upon notification of non-compliance, including:

  1. Paying outstanding fees or charges.
  2. Removing prohibited or improperly stored items.
  3. Repairing or compensating for damages caused by their actions.

12.11 Disputes Over Non-Compliance:

  1. In the event of a dispute regarding alleged non-compliance, the Customer may submit a written objection to BOXLY within 14 days of receiving the notification.
  2. BOXLY will review the objection and provide a written response. If no resolution is reached, the matter may be referred to mediation or legal proceedings as outlined in Section 14 (Applicable Law and Dispute Resolution).

12.12 Right to Modify Terms in Cases of Non-Compliance:

BOXLY reserves the right to impose stricter conditions or limitations on the Customer’s future use of its services following repeated or severe breaches of these T&Cs.

13. Consumer Rights

13.1 Applicability of Consumer Protection Laws:

  1. Customers using BOXLY’s services in a personal capacity are entitled to all protections provided under Swiss consumer laws.
  2. These protections include, but are not limited to, rights related to refunds, cancellations, transparency in contracts, and the quality of services.

13.2 Right to Refunds:

  1. BOXLY will honour statutory refund rights where applicable, including situations where:
    1. Services paid for in advance are not provided due to BOXLY’s failure or facility closure.
    2. Overpayments are identified and verified.
  2. Refunds will be processed within 15 days of approval and issued via the Customer’s preferred payment method.

13.3 Right to Cancellations

  1. General Right to Cancel: Customers may cancel their rental agreement within the statutory cooling-off period if the service has not yet commenced, as outlined below:
    1. For reservations made remotely (e.g., online), the cooling-off period is 14 days from the date of the reservation.
    2. Cancellations must be submitted in writing or via the BOXLY platform within the cooling-off period.
  1. Exemptions to the Right to Cancel: The right to cancellation does not apply in the following cases:
    1. Once the Customer has accessed the storage box or commenced use of the service (e.g., by placing items in the box).
    2. For reservations made on-site at BOXLY facilities, where the contract is concluded in person.
  1. Partial Cancellation Policy: For cancellations made after booking but before accessing the box or using the service, BOXLY will:
    1. Refund prepaid fees minus an administrative fee for reservation processing.
    2. The administrative fee will be specified in the fee schedule.
  1. Customer’s Declaration of Consent: By reserving a storage box, the Customer agrees to the following:

“I consent to the immediate commencement of the storage service and

understand that this waives my statutory right to cancel once the service has begun.”

13.4 Defective Services:

In the event of defective services, including non-functioning facilities or equipment, BOXLY will:

  1. Promptly address and rectify the defect at no additional cost to the Customer.
  2. Offer a proportionate reduction in fees for the period during which the defect persisted, if the issue significantly affected the Customer’s use of the service.

13.5 Right to Transparent Pricing and Terms:

  1. BOXLY ensures that all fees, charges, and terms of service are transparently communicated to Customers before entering into an agreement.
  2. Any changes to pricing or terms will be notified at least 30 days in advance, as per Section 8.7.

13.6 Right to Dispute Resolution:

  1. Customers have the right to raise disputes or complaints regarding BOXLY’s services through the official customer support channels.
  2. If a resolution cannot be reached, Customers may escalate the issue to mediation or pursue legal remedies as outlined in Section 15.

13.7 Cooling-Off Period for Distance Sales:

  1. For agreements entered into remotely (e.g., online bookings), Swiss law may provide a cooling-off period during which the Customer can cancel the agreement without penalty.
  2. Customers will be informed of any applicable cooling-off period at the time of booking.

13.8 Right to Data Protection:

  1. Customers are entitled to full protection of their personal data, in accordance with Swiss data protection laws and BOXLY’s Privacy Policy (see Section 12).
  2. Customers may request access to, correction of, or deletion of their personal data at any time.

13.9 Right to Fair Treatment:

BOXLY is committed to treating all Customers fairly and equitably, ensuring that no Customer is subjected to discriminatory practices or unjust treatment.

13.10 Right to Withdraw Consent for Marketing:

  1. Customers may withdraw their consent for marketing communications at any time without affecting their contractual relationship with BOXLY.
  2. Requests to opt out of marketing communications can be submitted via the BOXLY platform or customer support channels.

13.11 Information on Consumer Rights:

  1. BOXLY provides Customers with information about their statutory rights in these T&Cs and through additional resources on the BOXLY website.
  2. Questions or concerns regarding consumer rights can be directed to BOXLY’s customer support team.
14. Miscellaneous Provisions

14.1 Applicable Law and Jurisdiction:

  1. These Terms and Conditions are governed by Swiss law.
  2. The exclusive jurisdiction for resolving any disputes arising out of or in connection with these T&Cs is the competent court in Lucerne, Switzerland, unless otherwise mandated by applicable consumer protection laws.

14.2 Use of Language:

These T&Cs are provided in multiple languages for convenience. In the event of any inconsistencies or discrepancies, the German version shall prevail unless otherwise specified by law.

14.3 Entire Agreement:

  1. These T&Cs, together with any supplementary agreements or policies referenced herein, constitute the entire agreement between BOXLY and the Customer concerning the use of BOXLY’s services.
  2. Any prior agreements, representations, or understandings, whether oral or written, are superseded by these T&Cs.

14.4 Severability:

  1. If any provision of these T&Cs is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
  2. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that reflects, as closely as possible, the original intent of the parties.

14.5 No Waiver:

The failure of BOXLY to enforce any provision of these T&Cs at any time shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

14.6 Assignment of Rights and Obligations:

  1. The Customer may not assign or transfer their rights or obligations under these T&Cs without the prior written consent of BOXLY.
  2. BOXLY reserves the right to assign or transfer its rights and obligations under these T&Cs to another entity, provided that the Customer’s rights are not materially affected.

14.7 Third-Party Services:

  1. BOXLY may partner with third-party providers to offer certain services (e.g., courier services, payment processing).
  2. BOXLY is not responsible for the actions or omissions of these third parties but will assist Customers in resolving issues where possible.

14.8 Feedback and Dispute Resolution:

  1. BOXLY values Customer feedback and encourages Customers to report concerns or complaints through the designated customer support channels.
  2. Disputes not resolved through customer support may be escalated to mediation or legal proceedings as outlined in Section 14.1.

14.9 Communication and Notices:

  1. All notices, requests, or communications to BOXLY must be sent via Email or via the contact details provided on the BOXLY platform or website.
  2. BOXLY will communicate with the Customer primarily via email or notifications on the BOXLY platform. It is the Customer’s responsibility to ensure their contact information is accurate and up to date.
  3. The Customer must promptly inform BOXLY in writing of any changes to their address, phone number, or email address.
  4. Until updated information is provided, BOXLY may send communications to the last known address or contact details.

14.10 Force Majeure:

  1. BOXLY is not liable for delays or failure to perform its obligations under these T&Cs due to events beyond its reasonable control, including but not limited to:
    1. Natural disasters (e.g., earthquakes, floods).
    2. Acts of terrorism or war.
    3. Government-imposed restrictions or orders.
    4. Technical failures or power outages.
  2. In such cases, BOXLY will make reasonable efforts to resume services as soon as possible and will notify Customers of any expected delays or interruptions.
15. Sustainability and Environmental Respon-sibility

15.1 Sustainability and Environmental Responsibility:

  1. BOXLY is committed to sustainable practices, including the use of energy-efficient facilities and waste reduction measures.
  2. Customers are encouraged to minimize waste and dispose of unwanted items responsibly in compliance with BOXLY’s guidelines.
16. Value-Added Tax (VAT)

16.1 VAT Exemption for Private Customers:

  1. The rental of storage space for private use is exempt from Value-Added Tax (VAT) under applicable Swiss tax laws.
  2. This exemption does not apply to additional services or business customers, who may be subject to VAT obligations.
  3. BOXLY issues invoices in accordance with tax regulations and informs customers of any changes to the legal requirements.
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