1. Application, Scope of Application
1.1.
These Terms of Business (hereinafter: ToB) apply for all of our (moving workers Schweiz GmbH, Kappelerstrasse 10, 8911 Rifferswil, Switzerland) services and the contracts concluded with our customers via our website at www.perfect-move.ch.
1.2.
Deviating (and/or supplementary) Terms of Business from the customer do not apply except in such cases insofar as we have expressly agreed with them or with parts thereof. Our provision of the service(s) without reservation also does not represent our acceptance of ToB that deviate from our ToB or supplementary ToB from the customer.
2. Age of Majority, Health, Individual Responsibility, Pregnancy, Eligibility
2.1.
By placing the order, the customer confirms having attained the age of 18 years old.
2.2.
The customer must realistically appraise their own physical capabilities themselves and should only complete activities which they are fully capable of, both physically and in terms of their overall health. Prior to taking up physical activities and in general at regular intervals, as well as in the case of physical complaints that may emerge, the customer should consult a physician.
2.3.
The execution of the courses is not a substitute for a medical examination or treatment. Consideration must also be given to any restrictions for specific groups of people, for example older persons, pregnant women, people with heart problems, etc.
2.4.
An inquiry regarding health-related data will be conducted during registration and also prior to the booking of the course. Should the inquiry result in a contraindication, the course cannot be booked. We also provide information on such contraindications at www.perfect-move.ch.
2.5.
Should a pregnancy occur during the course period which was unknown when the course was booked, we will refund the course fee in full upon the presentation of a medical confirmation of said pregnancy.
3. Conclusion of the Contract
3.1.
The creation of a user account is a prerequisite for the right to participate in our courses/services. We are authorized at any time to verify the identity of individual customers by requiring relevant official documentation, and we reserve the right to block customers from the courses/services who have provided inaccurate or incomplete information in their registration or in the related health inquiry.
3.2.
The customer is obligated to maintain confidentiality regarding their access data and to refrain from revealing such to third parties.
3.3.
With their registration, the respective customer provides us with the assurance that at the time of registration they do/did not maintain any other active customer accounts with us, as well as assuring us that they are of the age of majority, capable of making sound judgements and that they have provided us with data that is true and accurate.
3.4.
Registration is not possible without booking a course. Booking and registration are therefore conducted in a single step. By transmitting the booking/registration in the final step of the registration and booking process (Button: “Register and book the course with the legally binding obligation to pay”), the customer places an order for the selected courses/services and already legally accepts our offer. The contract goes into effect in this manner. The customer will receive a confirmation email in which we also provide them once again with the ToB and the Withdrawal Policy.
During the registration and booking process, prior to clicking the button “Register and book the course with the legally binding obligation to pay”, the customer can correct or abort the registration and booking process.
3.5.
After we have received payment (cp. Clause 5.2 – where applicable, substituted or supplemented by entering a Voucher Code), the customer will receive a Welcome Email. The booked course can be started following receipt of this email.
4. Contract Language, Contract Data Storage
4.1.
The German language is exclusively applicable for the conclusion of the contract.
4.2.
We store the personal data provided by the customer within the framework of the order and all data essential for the conclusion of the contract (name, address, course/service, sales terms, ToB, etc.). They can still be accessed for 3 months following the conclusion of the contract. If the customer requires or needs to access these data, they can contact us as follows:
moving workers Schweiz GmbH
Kappelerstrasse 10
8911 Rifferswil, Switzerland
info(at)perfect-move.ch
To the extent that the customer has created a user account prior to placing their order, the order data will be archived by us until the deletion of the customer account and can be accessed by the customer free of charge using their password-protected user account by entering the corresponding log-in data.
5. Prices, Payment Methods
5.1.
All indicated prices are in Swiss Francs.
5.2.
Payment must be made in advance with PayPal or credit card (MasterCard and Visa).
If the customer pays using PayPal, they will be redirected directly to PayPal at the end of the registration/booking process. To use PayPal as the payment method, the customer must have a PayPal account. The PayPal ToB can be found at www.paypal.com/de/webapps/mpp/ua/legalhub-full.
If the customer pays using a credit card (MasterCard or Visa), their credit card data will be sent by SSL encrypted transmission.
6. Payment Reminder, Dunning Costs, Chargeback Costs
6.1.
To the extent that advance payment is not agreed, our invoices are payable without discount immediately upon receipt (Due date).
6.2.
In the event of chargebacks related to the customer’s booking(s), for instance due to insufficient funds on the customer’s bank account, which result in costs for us from charges issued by the banking institute, the customer is obligated to reimburse us for such costs. This does not apply if the customer is not responsible for the chargeback.
7. Usage Rights
7.1.
All usage and exploitation rights to the courses belong to us.
7.2.
The customer is not authorized to record or reproduce the courses, or to provide access to them for third parties. We will also prosecute on a civil law basis, and where applicable on a criminal law basis, every instance of such reproduction or provision of public access (in particular via the internet).
8. Alteration of the ToB
We are authorized to alter and/or supplement these ToB at any time. We will notify the customer in advance in written form via the email address they have provided in the registration process regarding any such planned change. If the customer does not object to the announced alteration within four (4) weeks after receiving such written notification, then the alteration applies as accepted by the customer. We will refer the customer once again in the information regarding such a planned alteration to the possibility for objection and to the deadline and the consequences of the failure to lodge such objection. Should the customer lodge such objection prior to the established deadline, then the announced alteration will not take effect in the business relationship between us and the objecting customer and the previous ToB will continue to apply. We are however then authorized to cancel the customer’s authorization to use the services with a cancellation period of three (3) weeks. In such case, fees paid by the customer for services which have not yet been rendered will then be proportionally refunded. Legal warranty claim rights remain unaffected by this.
9. Right of Withdrawal
To the extent that the customer is the consumer, i.e., the course is intended for their personal or family use and is not related to their professional or commercial activity, they have a right of withdrawal as follows:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without any requirement to state reasons for such withdrawal. The withdrawal period is fourteen days from the day the contract was concluded. In order to assert your right of withdrawal, you must inform us (moving workers Schweiz GmbH, Kappelerstrasse 10, 8911 Rifferswil, Switzerland - Tel. +41 79 484 49 59, info@perfect-move.ch) of your decision to withdraw from the contract by means of an unambiguous statement (.e.g., a letter sent by post, or a fax or email). To do this, you may use the attached sample Withdrawal Form. This method is however not obligatory.
In order to comply with the prescribed withdrawal period, it is sufficient that you send your notification of your assertion of your right of withdrawal prior to the expiration of the withdrawal period.
Consequences of Withdrawal
Should you withdraw from this contract, we are obligated to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting for us in the event that you have selected a different type of delivery than the most affordably priced standard delivery offered by us) without delay and no later than within fourteen days after we have received your notification regarding your withdrawal from this contract. We will use the same payment method for this refund that you used in the original transaction unless a different arrangement has been expressly agreed with you; in no case will any charges be invoiced to you due to this refund.
If you have requested that the services begin during the withdrawal period, then you are required to pay us an appropriate sum corresponding proportionally with the point in time at which you notified us of your assertion of your right of withdrawal from this contract for services already rendered in comparison with the full range of the services specified in the contract.
End of the Withdrawal Policy
10. Sample Withdrawal Form:
If you want to withdraw from the contract, please fill out this form and send it back to us:
To:
moving workers Schweiz GmbH
Kappelerstrasse 10
8911 Rifferswil, Switzerland
info@perfect-move.ch
I/we hereby withdraw from the contract concluded regarding the performance of the following service(s) (*)
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-
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• Ordered on (*) / Received on (*):
• Name of the consumer:
• Address of the consumer:
• Signature of the consumer (only in the case of notification on paper):
• Date:
(*) Delete what is not applicable
11. Warranty
11.1.
The customer is entitled to the legally stipulated warranty claims.
11.2.
The customer acknowledges that 100% availability and accessibility of the services offered online is not technically feasible. We endeavor to maintain the services offered online as consistently as possible during the period of the offer. In particular, maintenance, security or capacity issues or technical problems related to the internet provider, the software used as well as all incidents over which we have no influence (e.g., power outages, hacker attacks, breakdowns of the public communication networks, etc.) can result in short-term disruptions or the temporary cessation of the services offered.
12. Liability
12.1.
Damage claims by the customer against us – regardless of the legal basis – are excluded.
12.2.
The does not apply in the event of injury to life, body or health and/or in the event of a premediated or grossly negligent breach of duty on our part. Liability for auxiliaries is wholly excluded.
12.3.
We also bear no liability if the customer provides inaccurate information in response to our inquiry regarding their health data or participates in our course(s) against our recommendation or without consulting a physician against our advice and damages occur as a result.
13. Closing Provisions
13.1.
The location of our business headquarters is the exclusive legal domain for all disputes emerging from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer.
13.2.
Swiss law applies for all legal relations between us and you and in relation to the order placed via our Online Shop, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Status: June 2021