GTC of the Welle7 Collect-Lounge

General Terms and Conditions (GTCs) of the Welle7 Collect-Lounge

Download GTCs Collect-Lounge

 

1. Scope of Application and Subject Matter
1.1 These General Terms and Conditions (hereinafter referred to as “GTCs”) govern the contractual relationship between Genossenschaft Migros Aare (hereinafter referred to as “Migros Aare“ or “Collect-Lounge”) and the customer(s) (hereinafter referred to as the “Customer”) within the scope of the delivery address, storage and return service of the Welle7 Collect-Lounge (hereinafter also referred to as the “Service”) offered by Migros Aare.

1.2 Collect-Lounge makes both its address and its premises in Welle7, Berne, available to Customers for the delivery, temporary storage and, as the case may be, the return of shipments through the Customer.

1.3 Collect-Lounge ensures the storage of shipments. The ownership situation with respect to the shipments is not thereby altered. Therefore, in particular, Collect-Lounge does not become an owner of the shipments.

1.4 The regular opening hours of Collect-Lounge are:
Monday - Friday 8:00 am – 8:00 pm
Saturday  8:00 am – 5:00 pm
There may be deviations from these regular opening hours; the current hours are posted in the premises of Collect-Lounge.

1.5 The size and weight classifications that are relevant for the determination of the remuneration are laid down in the current price list of Collect-Lounge as published on the website of Collect-Lounge. In connection therewith, the price list that is in effect on the date on which the shipment is picked up applies.

2. Tasks and Obligations of Collect-Lounge
2.1 Collect-Lounge shall assign to the Customer an individual customer number upon the submission of an application, which is to be submitted via the password-protected customer account that will be set up for customers registered for the Welle7 website. Together with the application, the Customer shall also select the type of subscription that he wishes for the provision of the delivery address and the storage.

2.2 In connection with the address of Collect-Lounge, the customer name and the individual customer number, the Customer may have shipments be delivered to Collect-Lounge. The address for shipments to Collect-Lounge must be given in the following postally correct form:

Welle7 Collect-Lounge
First Name, Last Name or Company name, Customer number
Schanzenstrasse 5
3008 Berne

For example:
Welle7 Collect-Lounge
Max Muster 1234567
Schanzenstrasse 5
3008 Berne

Through the use of the address arranged in such a way, the customer authorizes Collect-Lounge to take receipt of the corresponding shipments on his/her behalf.

2.3 Collect-Lounge shall accept shipments that are correctly addressed and that conform to the other requirements of these GTCs and shall store these for the Customer at its business premises during the pick-up period (Section 2.7 below), on behalf of and at the risk of the Customer.

2.4 As soon as a shipment arrives, Collect-Lounge shall inform the Customer via email and, at the Customer’s wish, also via a text message, to the email address or cellphone number on file for the Customer in his Welle7 customer account.
a) Communications via fax and/or phone are not possible.
b) A confirmation email shall be deemed to have been sent if no notice as to an inability to deliver is sent by the email server. Text messages shall be deemed to have been sent if no notice as to non-delivery is sent by the text message service.
c) The shipment is ready for pick-up, and may only be picked up, once the notice email by Collect-Lounge has been sent to the Customer.

2.5 Collect-Lounge performs its Service by using the following means of security:
a) By no later than in connection with the pick-up of the first shipment, the Customer must (to the extent this has not already occurred while applying for a customer number) identify himself by means of a valid identification document (passport, identification card, foreigner’s identity document). In connection therewith, Collect-Lounge electronically stores the data of the identification document and produces a copy of the identification document.
b) In the case of a corporate Customer, the company representative must personally identify himself in accordance with subparagraph (a) above and, in addition, provide evidence that he is authorized to validly act on behalf of the company (e.g., presentation of a valid Commercial Register extract).
c) The Customer or, in the case of a corporate Customer, the company’s representative, after the identification has been made, shall select a Personal Identification Number (PIN) and enter this into the system of Collect-Lounge and confirm it.
d) Further shipments may then be picked up by announcing the customer number and entering the PIN, without Collect-Lounge’s carrying out any additional checks (cf. also Section 6.1(b) below).

2.6 Collect-Lounge shall also accept customs cards as shipments. These are sent by the customs office if goods are, for example, imported into Switzerland from non-European countries and are stored with Swiss customs due to outstanding customs charges. These customs cards will be stored for the Customer as a Collect-Lounge shipment. The Customer picks the card up and subsequently receives his merchandise from Swiss customs against presentation of this card. In this regard, the Customer must take note that his merchandise will only be stored a few days with customs and will then be sent back to the supplier. Collect-Lounge does not accept any tasks and obligations in connection with merchandise that is stored with customs over and beyond the acceptance of the shipments with customs cards, notification of the Customer about the receipt of the shipment and the storage and handing over of the shipments pursuant to these GTCs.

2.7 Collect-Lounge shall store shipments for a maximum period of 28 days as from their receipt. After this period, the shipments will be handed over to the lost property office of Welle7 and then to the lost property office of the City of Berne.

2.8 Collect-Lounge cannot take into consideration Customer requests that Collect-Lounge selectively not accept individual shipments or shipments that do not arrive by a certain date. Therefore, the Customer himself must ensure that only the shipments for which he wishes to use the Service are delivered to Collect-Lounge.

2.9 The Customer shall have the possibility to immediately check his shipments upon pick-up at the premises of Collect-Lounge.

2.10 Collect-Lounge shall dispose of empty containers and packing material upon the Customer’s request. Collect-Lounge may request separate compensation for this. If the disposal entails a disproportionate amount of effort or expense, Collect-Lounge may refuse such disposal.

2.11 The opening, review, further shipment or delivery of shipments by Collect-Lounge does not constitute part of the Service.

3. Exclusion of Shipments
3.1. It is not permitted to use the Service for the types of shipments named below. If it is clear or there is a reasonable suspicion that such a shipment is on hand, Collect-Lounge may refuse to accept the shipment without informing the Customer in advance. The refusal to accept will be noted on the delivery document of the delivery agent.
a) Letters (with the exception of customs cards), advertising and catalog shipments.
b) Shipments that do not indicate in the address any customer number that has been previously assigned by Collect-Lounge.
c) Carriage forward shipments, shipments with insufficient postage, cash on delivery shipments.
d) Shipments that exceed the maximum size and weight limitations that are indicated in the current price list.
e) Shipments, the transport of which violates statutory or governmental prohibitions, the transport or storage of which is subject to national or international hazardous materials regulations or the transport of which entails other special requirements.
f) Shipments that have been externally damaged or whose packaging has been externally damaged.
g) Shipments with insufficient packaging, in particular with liquid content, provided that they are not packed in a shatterproof manner and protected against leakage.
h) Shipments with extraordinary value or value that is difficult to estimate, such as art objects, unique objects, postal stamps, securities, precious metals, precious stones, industrial diamonds, as well as money and other means of payment.
i) Shipments with perishable goods or goods with a tendency to become damaged that need to be specially protected from the effects of heat or cold.
j) Shipments with annoying odors.
k) Shipments that contain live animals or the mortal remains of animals or humans.
l) Shipments that, due to their external characteristic or their content, could trigger a danger to persons or damage to material goods or other shipments.

3.2 Collect-Lounge does not maintain any logs and does not provide any information concerning shipments that are not accepted.

4. Return by the Customer (Return Shipments)
4.1 The Customer may trigger a return shipment via the Pick@Home service of the postal office.

4.2 Here, Collect-Lounge accepts, at the risk of the Customer, the storage and the handover of the shipment to the postal office.

4.3 Return shipments must be handed over to Collect-Lounge by the Customer in a form ready for mailing, this means, in particular, that the shipment has correct postage, is properly packaged and has the correct return address affixed. Collect-Lounge shall have the right to not accept shipments that do not fulfil the above-named requirements or based on other reasons that could lead to a rejection of acceptance by the postal office.

4.4 Collect-Lounge does not carry out any check of the contents of the shipment and also does not check the packaging. The Customer alone is responsible for the shipment and its packaging or potential defects in the shipment. Further, Collect-Lounge does not provide any information concerning return shipments or as to their  processing, but instead merely acts as a representative of the Customer vis-à-vis the postal office by handing over the return shipment on the Customer’s behalf to the postal office, and does not assume any further tasks in relation to the postal office. If the acceptance of the return shipment is rejected by the postal office, Collect-Lounge will inform the Customer via email; Section 2.4 shall apply by analogy. The shipment is in this case to be picked up by the Customer within the storage period pursuant to Section 2.7 at the most. The provisions from Section 2 above apply by analogy to the storage and for the handing over of the shipment.

4.5 Collect-Lounge also does not accept any function in the relationship between the Customer and the sender of the returned shipment; in particular, Collect-Lounge shall not carry out any price refunds for returned shipments to the Customer.  

5. Tasks and Obligations of the Customer
5.1 In order to receive his customer number, the Customer must notify Collect-Lounge of his exact private or business address and provide a functioning email address.
a) The use of the Service without a functioning email address is not possible. Any change in the email address shall be notified immediately to Collect-Lounge.
b) Changes in name may be made only upon the presentation in person, by the Customer or the Customer’s business representative, of a corresponding identification document or a Commercial Register extract concerning the change in company name.
c) The application for more than one customer number for the same person or for the same company is not permitted. Exceptions require the written consent of Collect-Lounge.

5.2 The Customer may only have shipments be sent to Collect-Lounge that are not precluded pursuant to Section 3. 

5.3 The Customer shall use due care in handling the customer number assigned to him as well as the PIN. Any liability on the part of Collect-Lounge for misuses of the customer number and the PIN is precluded.

5.4 The relationship with the sender of the shipment is the sole responsibility of the Customer. In particular, it is the Customer who, as the purchaser of goods and products that are the subject matter of shipments, is responsible for all obligations arising out of the purchase agreement entered into with the vendor. To this extent, the acceptance and storage of shipments does not form the basis for any obligations on the part of Collect-Lounge vis-à-vis the sender or the vendor.
a) The address of Collect-Lounge may only be used as a delivery address and shall not, in particular, be used as a billing address.

5.5 The Customer bears sole responsibility for adherence to the customs regulations and the processing of customs formalities.

5.6 Upon pick-up, the Customer or his representative shall be required to check the shipment onsite for its correctness and intactness and to promptly complain. If the Customer fails to do so, any claims on the part of the Customer against Collect-Lounge based on possible damages to the shipment by Collect-Lounge or due to other irregularities shall be forfeited. The Customer shall bear responsibility for transporting the shipment from Collect-Lounge.

5.7 Misrouted shipments are to be returned by the Customer promptly to Collect-Lounge.

5.8 In the event of the refusal by the postal office to accept a return shipment, the Customer shall be required, after the corresponding notice by Collect-Lounge (Section 4.4 above), to pick up the shipment within the storage period pursuant to Section 2.7.

5.9 Collect-Lounge may charge the Customer in full for costs and damages that it incurs based on a breach of the tasks and obligations of the Customer under these GTCs.

6. Representation
6.1 To the extent that a Customer cannot personally pick up a shipment (other than the first shipment; cf. Section 2.5(a) above) from Collect-Lounge, it is possible for the shipment to be picked up by a person authorized by the Customer, under the following conditions:
a) The person picking up the shipment has, at the time of the pick-up, the correct customer number and the correct PIN at his disposal.
b) Collect-Lounge shall be entitled to view the person who has the customer number and the PIN at his disposal as being the authorized representative of the Customer. Collect-Lounge is not required to carry out any further checks or clarifications with respect to the authorization of the person picking up the shipment.

7. Remuneration and Payment Conditions
7.1 The remuneration for the Service provided to the Customer by Collect-Lounge shall be determined pursuant to the price list published on the website of Collect-Lounge at the time of the selection of the subscription (Section 2.1) or the current price list published on the website of Collect-Lounge at the time of the pick-up or the handover for a return of the relevant shipment.

7.2 Payments for the subscription selected by the Customer for the provision of the delivery address and the storage are to be made exclusively over the online payment options offered by Collect-Lounge for this purpose (e.g., credit card, PayPal, etc.). The possible additional remuneration owed by the Customer in connection with a shipment (e.g., Section 2.10 above, in connection with the disposal of packaging materials) as well as the remuneration in connection with return shipments are to be paid in each case in cash or via credit card in connection with the pick-up or the return shipment.

8. Blocking of the Customer Number and Termination of Contract
8.1 The Customer may terminate the contract relationship at any time by abstaining from using the Service for further shipments. 
 
8.2 Collect-Lounge may terminate the contract relationship with the Customer at any time, cancel the customer number assigned to the Customer and block the further use and suspend the acceptance of shipments. This shall be done in writing, with adherence to a notice period of four weeks. The period begins one day after dispatch of the email or text message (cf. Section 2.4(b) above).

8.3 Because a functioning email address is mandatory, Collect-Lounge shall have the right to immediately suspend the acceptance of shipments and cancel the customer number if the email address indicated by the Customer cannot, after several attempts, be reached.

8.4 In cases of fraud, such as, for example, in connection with false address information vis-à-vis the sender or supplier of a shipment, or use of the delivery address of Collect-Lounge as  the billing address, in connection with pretending to be a different purchaser of goods, in connection with the ordering of merchandise with a criminal background or similar misuses, Collect-Lounge may withdraw the address without setting any time period and terminate the contractual relationship with the Customer with immediate effect.

9. Liability
9.1 With the exception of personal injuries, Collect-Lounge shall be exclusively liable to the Customer, regardless of the legal reason, for damages to the Customer that were caused by willful intent or gross negligence. 
 
9.2 Claims against Collect-Lounge based on the loss or damages to a shipment, in whole or in part, are precluded if:
a) the Customer or the person representing him failed upon picking up the shipment to check the shipment onsite at the premises of Collect-Lounge and to promptly present an objection, if any, during the check or, in the case of damages not visible from the outside, failed to present an objection to Collect-Lounge in writing, via email, immediately upon discovering the damages;
b) damages have been caused by force majeure, such as natural catastrophes, war and civil war or war-like events, strikes, lockouts, industrial unrest, violent political acts, revolts, other civil unrest, sabotage, restraint or any other intervention by or under the order of the government, system failure or governmental measures, and the damages thereby incurred could not have been prevented through the exercise of the due care of an ordinary storage company;
c) the damages were caused on the part of the Customer and/or the shipment. This is, in particular, the case if the damages have been caused by the natural condition of the shipment, defective or insufficient packaging, pest infestation, internal spoilage, shrinkage, rust, mildew, rot or the like;
d) in other cases mentioned in these GTCs (e.g., Section 5.3).

9.3 To the extent that liability on the part of Collect-Lounge is precluded or limited, this also applies with respect to the personal liability of its employees and agents.

10. Data Protection
10.1 The Customer has access via his password-protected Welle7 customer account to his customer status information processed by Collect-Lounge (name, address, telephone number, bank relationship, etc.) and can manage this information. The Customer agrees to treat the personal access data confidentially and to refrain from making it available to any unauthorized third party. Collect-Lounge does not accept any liability for the misuse of access data.

10.2 Data protection is an important concern for Collect-Lounge. Therefore, it adheres to the statutory provisions in connection with the collection and processing of personal data. Collect-Lounge processes personal data for the handling of shipments and the contractual relationship with the Customer as well as for marketing purposes. The personal data will be shared with third parties only if the third party is a service provider in connection with the performance of the contract, including the invoicing and collection, e.g., IT providers, who provide maintenance services to Collect-Lounge or operate the IT infrastructure, or if the Customer has previously consented to the sharing of information. The data that is shared in this manner may be used by the service providers of Collect-Lounge merely to fulfil their tasks. No further-reaching use of the data is permitted.

10.3 Personal data will be deleted, unless contrary to statutory data retention requirements, if a justified claim for deletion is asserted, the data is no longer required in order to fulfil the purpose being pursued or the processing of the data is not permitted based on other legal grounds.

10.4 Apart from the processing of the data in order to handle shipments and the contractual relationship, Collect-Lounge also uses the personal data to communicate with the Customers concerning its services or marketing actions and to recommend services to the Customers that might interest them. Customers may object to the use of the personal data for advertising purposes at any time, either in whole or with respect to individual measures, without any costs arising for this other than the own transmission costs. A message in text form to the contact address Collect-Lounge (e.g., email, letter) is sufficient for this purpose.

11. Jurisdiction
All legal relationships between the Customer and Collect-Lounge shall be governed by Swiss law. The place of jurisdiction for consumer complaints shall be Berne or the Customer’s place of residence. In all other cases, the exclusive place of jurisdiction shall be Berne.

Welle7
Genossenschaft Migros Aare
Industriestrasse 20 
CH-3321 Schönbühl

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General Conditions of the Welle7 Collect-Lounge; last update: July 27, 2016