1. SUBJECT

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1.1 The company MoveClean, based at Giessenweg 9, 5022 Rombach, (hereinafter "MoveClean") operates an online platform for household-related services (hereinafter "Services"). This includes moving, cleaning, painting and other related services. MoveClean can also offer other services via the online platform that are related to the services mentioned. This includes payment processing and communication between the parties.

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1.2 Before you order a service via the online platform, please read these General Terms and Conditions (hereinafter “GTC”) carefully. By selecting the checkbox ["I have read the General Terms and Conditions and agree to them."] during the ordering process, the General Terms and Conditions become an integral part of the respective contractual relationship between you and MoveClean. By selecting this checkbox, you agree to the following provisions and our data protection declaration and confirm that you are allowed to enter into legally valid contracts and are at least 18 years old.

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1.3 If you are entering into the contract on behalf of a third party, a company, your employer, etc., you confirm that you are authorized to represent the person, the company in question, your employer, etc. and to enter into legal transactions on their behalf. MoveClean may, regardless of internal company regulations or commercial register entries and without further verification of authorization, assume that you have the appropriate authorization to represent you. Whenever “you”, “yourself” or similar is mentioned in these terms and conditions, this always means the company, employer, etc. for which you act.

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1.4 MoveClean reserves the right to change these Terms and Conditions at any time. All changes and adjustments come into force upon publication of the new terms and conditions on our website. The applicability of the General Terms and Conditions (relevant point in time) is determined by selecting the checkbox ["I have read the General Terms and Conditions and agree to them."] during the ordering process.

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2. OFFER AND CONCLUSION OF THE CONTRACT

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2.1 MoveClean creates an offer based on the data you provide, such as addresses and goods to be moved. The offer will be sent to you electronically and is valid for a period of 5 working days. You are not obliged to accept the offer. Rejection or non-acceptance of the offer does not result in any obligations or disadvantages.

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2.2 The contract and thus the contractual relationship come into effect when you accept MoveClean's offer. The offer is accepted by clicking [“Book Now”] on the online platform. Alternatively, the contract can also be concluded by email or telephone. In the latter case (telephone), the conversation will be recorded after prior notice and your consent.

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2.3 The contract is concluded exclusively between you and MoveClean. MoveClean will use a third-party company (hereinafter “partner company”) to provide the service(s). However, no contract is concluded between you and the partner company. Remuneration for the agreed and provided service is paid exclusively to MoveClean. MoveClean is your contact before, during and after the service is provided. Direct compensation to the partner company is not necessary. If you are requested to do so by the partner company, contact MoveClean immediately.

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2.4 Your data may be passed on to up to 3 cooperating moving companies that work with MoveClean in order to create personalized moving offers and to possibly arrange a consultation appointment. MoveClean only forwards your data to professional moving companies that have market knowledge and are contractually obliged to treat your data confidentially. MoveClean receives compensation for forwarding your request to suitable moving companies.

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3. DUTIES/OBLIGATIONS OF THE CUSTOMER with adjustments and clarifications

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3.1 Information and moving list

3.1.1 You undertake to provide complete and truthful information about all of the goods being moved, the local conditions and the objects to be cleaned. This includes in particular necessary information about the move-in and move-out location, special circumstances, distances to and from the vehicle, area information, number of rooms, number of people living in the household, floors, basement rooms, contents of the moving list, presence of elevators, etc. If you withhold relevant information, such as long distances from the front door to the street, area information, number of rooms, people in the household, etc., MoveClean reserves the right to charge you an additional expense allowance after the service has been provided.

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3.1.2 You agree and undertake to provide additional information to MoveClean if items need to be transported that exceed a length and/or width and/or depth of more than two meters and/or a weight of 100 kilograms (e.g. marble statues, pianos, safes, etc.) and/or require special transport equipment.

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3.1.3 You undertake to provide MoveClean with a complete removal list. The moving list must be submitted immediately during the ordering and booking process. If this is not requested during the ordering and booking process or if entry is not possible, you must send the moving list or its addition to MoveClean at least three days before the agreed service date. This can be done either via the standardized form or by email.

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3.1.4 If you withhold the information (see 3.1.1-3.1.3), MoveClean reserves the right to charge you appropriate compensation after the service has been provided. MoveClean also reserves the right not to transport the relevant items. Please note that the transport of valuables (e.g. jewelry, gold, works of art, etc.) is not intended and the safety and liability for this cannot be guaranteed at any time. For more information, see Section 3.5 regarding the transportation exclusion.

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3.1.5 If it is not possible to provide clear information on certain points and/or specific information is required, you must note this in the comment field and/or mention it during the personal conversation.

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3.2 Preparatory actions on the goods to be moved

3.2.1 You undertake to carry out all necessary preparatory actions in good time before the move in order to ensure that everything runs smoothly. This includes, in particular, appropriate packaging of the goods to be moved that is suitable for transport. The packaging must be functional and suitable for transport, and the goods to be moved must be packed so that they can be stacked. Moving, fragile and/or electronic parts require special protection. These items must be packaged in such a way that they are adequately protected from normal transport stresses and can be stacked. The partner company is not obliged (see entire section 3.2.1) to check this before transport. The partner company can reject moving goods that are not packed appropriately and suitable for transport. Refusal of transport in this case does not constitute a breach of contract. Please note that MoveClean is under no circumstances liable for damage to items that were not packed appropriately and appropriately for transport.

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3.2.2 You undertake to disassemble plug-in and lightweight furniture, such as IKEA Pax, Billy shelves, etc.

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3.2.3 The obligations in accordance with points 3.2.1 and 3.2.2 above do not apply if the preparatory activities are booked as additional services with MoveClean via the online platform.

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3.3 Preparatory actions, permits and documents

3.3.1 You undertake, if necessary, to obtain official approvals for no-parking zones for the agreed moving period at the move-in and/or move-out location, unless you have booked the organization of official approvals as an additional service with MoveClean. Please note that the granting of official approvals is at the discretion of the authorities and cannot be guaranteed by MoveClean.

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3.3.2 You agree to provide MoveClean with all documents, accompanying documents, permits, licenses, customs documents, etc. required by law or authorities in order to carry out the transport. MoveClean is not obliged to obtain or review these documents in advance; this is your responsibility.

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3.3.3 If there is a paid no-parking zone at the loading and/or unloading point and is not accessible, you agree to use this zone. If you state that the loading and/or unloading point can be reached up to 20 meters without any problems and this turns out to be not the case on the day of the move, e.g. B. due to third-party vehicles or other obstacles, MoveClean reserves the right to charge you additional costs due to the additional effort this causes. The additional costs amount to CHF 50.00 gross per hour and per employee of the partner company for the time of loading and unloading. Partial hours are charged at CHF 50.00 per employee of the partner company. The same applies to elevators that were declared as existing and are not available on the day the order is executed, regardless of the reason. Elevators that can accommodate less than 50% of the goods being transported are considered not to be available within the meaning of the above provisions.

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3.4 Duties on moving day

3.4.1 You undertake to ensure that no items or equipment are accidentally taken from the loading point or left at the unloading point.

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3.4.2 You undertake to be present at the loading and unloading point and to sign all necessary working papers, reports and handover protocols. If you cannot be present, you must appoint an authorized third person who is authorized to send or receive the moving goods, inspect them for damage, accept MoveClean's services and sign handover protocols and other documents. You are responsible for informing your authorized third party of all order details, contractual agreements and other requirements. MoveClean assumes no liability if neither you nor an authorized and informed third person is on site.

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3.4.3 In the event of delays due to your absence or inability to represent you, MoveClean reserves the right to charge compensation of CHF 100.00 gross per half hour per employee present on site as well as third-party costs. If the waiting time is more than 3 hours, MoveClean is entitled to charge you the contractually agreed remuneration as compensation without providing the ordered service. You have the right to prove that no damage occurred or that the damage was less than compensation.

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3.4.4 In the event of snowfall, you are responsible for clearing snow from the driveway and parking lot. If access or parking is impossible due to snow, MoveClean reserves the right to charge snow removal costs or to withdraw from the job.

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3.5 Transport exclusion / reasonableness / exclusion

3.5.1 The transport of drugs or other illegal substances is prohibited in any case and without exception.

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3.5.2 Without prior agreement, the transport of animals, cash, bearer papers, precious metals, precious stones, weapons and their components, ammunition, gas bottles,

Fuel containers and human and animal remains are excluded.

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3.5.3 Every order placed with MoveClean requires that the conditions for executing the order are reasonable. If an order is unreasonable, e.g. B. due to severe soiling in the property or inadequately packed removal goods, MoveClean reserves the right to charge an additional charge or to cancel the order and withdraw from the contract. Under no circumstances will MoveClean be liable for any resulting costs.

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3.5.4 For all cleaning services, such as: B. the final cleaning, there is no removal of mold. You are responsible for removing mold and other contamination from the property resulting from improper use.

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3.6 Acceptance and procedure in the event of defects/damage

3.6.1 After the service has been provided, you or a third party authorized by you are obliged to immediately check the service provided (moved goods, condition of the cleaned apartment) and to use the handover protocol to accept the service. Defects or damage do not justify refusing acceptance, but should be recorded in the handover protocol. The handover protocol should be signed together with MoveClean's partner company.

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3.6.2 Externally visible damage and/or loss of the goods to be moved must be noted in the handover protocol and reported to MoveClean in detail and precisely in writing (by email or letter) within one day of delivery, but no later than the next day. In the case of a written report by letter, the postmark is decisive. A verbal complaint is permissible if damage is reported to MoveClean by telephone “immediately upon delivery”.

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3.6.3 If you refuse to note the visible damage in the handover protocol or to sign the protocol, you lose the right to subsequently complain about this visible damage to MoveClean. Only those services, items or facilities that are described as defective or damaged in the handover protocol are considered to be objectionable and constitute a defect or damage. All other services, items or facilities are deemed to have been accepted without reservation and any claims against MoveClean expire.

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3.6.4 Defects or damage that are not immediately apparent must be reported to MoveClean no later than 8 days after the handover report is issued. The report should be made in writing by post, with the postmark being decisive for compliance with the deadline. Notification by email is also possible, whereby receipt by MoveClean is decisive for compliance with the deadline. MoveClean will also check the reported defects and/or damage within 8 days.

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3.6.5 If damages and losses are not reported within the stated deadlines and under the stated conditions in accordance with Section 3.6.1 to Section 3.6.4, any potential liability claims will lapse.

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3.6.6 All claims will lapse if further work is carried out by third parties with or without an order prior to assertion or clarification by MoveClean, regardless of whether this occurs with or without your fault (e.g. painting work or cleaning services).

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3.6.7 If the property, apartment, office, etc. needs to be handed over to the owner, management or landlord on the same day, MoveClean's partner company must be present at the handover. If a repair is required for which the partner company is responsible, such as: B. a follow-up cleaning, this will be carried out for you free of charge.

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3.6.8 The acceptance date for the property, apartment, office, etc. must be communicated to MoveClean in writing at least 1 working day before the service (cleaning) is provided. You also note that the acceptance date must take place no later than 72 hours after the service (cleaning) has been provided. If this is not the case, or if the delivery date has not been communicated at all, the claim to the acceptance guarantee and any subsequent cleaning as well as other claims will no longer apply.

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3.6.9 You undertake to send MoveClean a copy of the complaint to the owner, the landlord, the administration, etc. within 24 hours. If this is not the case, the claim to the acceptance guarantee and any subsequent cleaning as well as other claims no longer applies - in analogy to section 3.6.6.

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3.6.10 Substitute performance, i.e. the involvement of third parties to rectify defects or damage or in the event of provision of services in breach of contract for which MoveClean or the partner company is responsible, is not permitted. You must bear the costs resulting from such a replacement.

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3.7 Additional and reduced expenses

3.7.1 MoveClean reserves the right to invoice you for additional costs, in whole or in part, caused by (i) incomplete or incorrect data or (ii) unforeseen circumstances, such as technical malfunctions of the home lift, fires, snowstorms, road closures, etc., arises. MoveClean will try, if possible, to find an amicable solution with you.

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3.7.2 If the partner company asks you on site to sign or fill out a form to document any additional expenses, you are obliged to do so. This is just for documentation purposes for now.

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3.7.3 If there is a reduction in expenditure, there is no entitlement to a price reduction and/or refund.

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3.7.4 Additional expenses are calculated in accordance with the following list of prices and services:

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extra cost

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3.8 Booking assembly services

3.8.1 You have the option, particularly when booking a move, to book the additional “assembly” service. The assembly service can be booked separately for dismantling (“disassembly”) and/or assembly (“assembly”). The partner company will only dismantle the moving goods to the extent necessary to carry out the move properly. The assembly (reconstruction) therefore only applies to the furniture that was previously dismantled (dismantled). The assembly service does not include new furniture that has not been professionally disassembled and/or is not in its original packaging.

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4. CHANGES/RESCHEDULES/ADJUSTMENTS OF DATES AND CANCELLATIONS

4.1 Change/postponement of appointments (for MoveClean)

The booked and/or agreed dates for service provision can only be changed, postponed or adjusted with the consent of both parties. Such a change/postponement/adjustment of an appointment requires confirmation from MoveClean or the partner company. Changing/postponing/adjusting an appointment has the following financial consequences:

• If you change/postpone/adjust an appointment within a period of 7 days to 72 hours before the start of the service, you will be charged CHF 100.00.

• If an appointment is changed/postponed/adjusted less than 72 hours before the start of the service, you will be charged 50% of the agreed price.

• All other changes/postponements/adjustments to appointments are free of charge for you.       

4.2 Cancellations (for MoveClean)

Cancellations must be sent to MoveClean in writing; An email is sufficient, although access is only deemed to have taken place once receipt of the email has been confirmed by MoveClean. Cancellations have the following financial consequences:

• Cancellations made more than 14 days before the service is provided are free of charge.

• If you cancel within a period of 14 days to 7 days before the service is provided, you will be charged 50% of the agreed price.

• If you cancel within a period of 6 days to 72 hours before the service is provided, you will be charged 80% of the agreed price.

• If you cancel less than 72 hours before the service is provided, you will be charged 100% of the agreed price.

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5. LIABILITY FOR SERVICES

5.1 Liability and limitation of liability

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5.1.1 MoveClean is exclusively liable for damages caused by the loss of or damage to the goods to be transported in the time between acceptance for transport until delivery or by exceeding the delivery deadline (attributable to MoveClean). In other cases, such as cleaning, MoveClean is only liable for direct and immediate damage up to the amount of the booked service or the agreed remuneration.

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5.1.2 MoveClean is exempt from liability (when moving) if the loss or damage is due to one of the following dangers:

• Breach of your obligations under these Terms and Conditions, including, without limitation, Section 3.

• Failure to comply with Section 3.2, in particular defective or untransportable packaging.

• Transport and storage of precious metals, jewels, precious stones, cash, stamps, coins, securities, documents, etc. (see also Section 3.5).

• Inadequate packaging or labeling by the sender.

• Handling, loading or unloading of the goods by the sender.

• Transport and storage of goods that have not been packed by the moving company in containers.

• Loading or unloading of goods whose size or weight does not correspond to the spatial conditions at the loading or unloading point, provided MoveClean has informed the sender of the risk of damage and the sender insists on carrying out the service.

• Transport and storage of live animals or plants.

• Natural or defective condition of the goods which makes them particularly susceptible to damage, such as breakage, malfunction, rust, internal deterioration or leakage.

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5.1.3 MoveClean's limitations and exclusions of liability above apply to both contractual and non-contractual and quasi-contractual claims. In all cases, be it when moving, cleaning, etc., liability for indirect or indirect damage is excluded.

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5.1.4 There is no liability if the performance of the service is temporarily interrupted, completely or at least partially restricted or impossible due to force majeure. Force majeure includes events of particular intensity, such as riots, warlike events, epidemics and pandemics, natural events (landslides, earthquakes, etc.) as well as unforeseeable official restrictions or national emergencies. Force majeure also occurs if roads are closed due to demonstrations or other protest actions.

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5.2 Compensation

5.2.1 If MoveClean is liable for the damage and has to pay compensation, the value at the place and time of acceptance for transport will be replaced (current value). If the removal goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods will be reimbursed. What is relevant is the value of the (undamaged) goods at the place and time of takeover.

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5.2.2 In other cases, such as cleaning, etc., MoveClean is only liable for direct and immediate damage up to the amount of the booked service or the agreed remuneration.

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6. WITHDRAWAL FROM THE CONTRACT

6.1 MoveClean has the right to withdraw from the contract if MoveClean does not have partner capacity to fulfill the contractual services or cannot meet the agreed deadlines, regardless of whether MoveClean was able to foresee and/or prevent this and regardless of whether MoveClean was able to meet these circumstances represented. MoveClean is also entitled to such a right of withdrawal if there are no apparent circumstances at the time of conclusion of the contract that justify withdrawal taking into account a recognized interest of MoveClean, such as in the event of force majeure, strikes, natural disasters, etc.

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6.2 In this case, the contract will be reversed and the compensation already paid for MoveClean's service will be refunded to you. Any further compensation for withdrawal is not agreed and is excluded.

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7. PRICES AND PAYMENT

7.1 All prices are in Swiss francs (CHF) and include VAT. MoveClean's offers include fixed prices that cannot be adjusted. Price changes and incorrect price information remain reserved.

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7.2 The following payment methods are available on the MoveClean online platform:

• Credit card: If you pay by credit card, the agreed total amount will be charged to your credit card by the payment service provider used by MoveClean. Only the credit card providers identified on the online platform are accepted.

• Advance payment: When paying in advance, the agreed total amount must be transferred to MoveClean's bank account in advance.

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7.3 It is your responsibility to ensure that – if you choose “credit card” as payment – the relevant account has enough credit on the day of booking so that MoveClean can make the debit. If the debit cannot be made, MoveClean will issue an invoice for the agreed price. This invoice must be paid within 10 days of the invoice date. If you do not pay the invoice within this period, you will receive a payment reminder with a payment deadline of 7 days. If you do not pay within this period, you will receive a reminder, also with a payment deadline of 7 days, and you will also have to pay reminder fees. The first reminder results in a fee of CHF 25.00; each subsequent reminder increases this fee by a further CHF 25.00.

I hope this meets your expectations. If you need any further adjustments, I'm happy to help.

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8. PRIVACY AND DATA SECURITY

8.1 Data protection

8.1.1 MoveClean will treat and protect the personal data provided by the Customer in accordance with applicable data protection laws. Detailed information on the processing of personal data by MoveClean can be found in MoveClean's privacy policy.

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8.2 Data security

8.2.1 MoveClean will take appropriate technical and organizational measures to ensure the security of data during the provision of the services. However, it should be noted that no data transmission over the Internet or wireless communication is completely secure and there is always some risk that data may be intercepted or compromised during transmission by unauthorized third parties. MoveClean is not liable for any such unauthorized access or data breaches unless these are due to gross negligence or intentional misconduct on the part of MoveClean.

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9. APPLICABLE LAW AND JURISDICTION

9.1 Applicable Law

9.1.1 These General Terms and Conditions and all contracts concluded on their basis are subject to Swiss law, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

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9.2 Place of Jurisdiction

9.2.1 The competent court at MoveClean's registered office has exclusive jurisdiction for all disputes arising from or in connection with these General Terms and Conditions or the contracts concluded on the basis of them. However, MoveClean reserves the right to initiate lawsuits or other legal action against customers at the customer's general place of jurisdiction or at any other competent place of jurisdiction.

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10. FINAL PROVISIONS

10.1 Severability clause

10.1.1 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, this will not affect the validity of the remaining provisions. The invalid or unenforceable provisions will be replaced by a regulation that comes closest to the economic purpose of the ineffective or unenforceable provisions.

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10.2 Changes and Additions

10.2.1 MoveClean reserves the right to change or supplement these General Terms and Conditions at any time and without prior notice. The amended or supplemented conditions will be made available to the customer when booking a service and will apply from the moment they are published on the MoveClean website.

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MoveClean contact information:

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MoveClean Giessenweg 9, Rombach Switzerland

E-mail:info@moveclean.ch

As of: [October 4, 2023]

These Terms and Conditions were last updated on [9/12/2021].

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