PART A. GENERAL TERMS
1. Supplier/customer
The provider of moving services and related services (additional services) is Movinga GmbH, im Schultheiss Quartier, Perleberger Str. 42 10559 Berlin, Germany (hereinafter: Movinga).
These general terms and conditions (hereinafter: the terms and conditions) apply to all agreements that Movinga enters into regarding floating services and related services (additional services), including a booking/ordering of such services and conclusion of the agreement. Only these conditions shall apply. Customers' general conditions are not accepted.
Consumer refers to a customer who, as a natural person, mainly trades for purposes that fall outside of business activities.
Trader means a customer who acts as a natural or legal person for purposes related to their own business activities.
2. Komfortflytt’s services
Komfortflytt organizes and performs moving services. Such services include e.g. arrival and departure of the transport vehicle and loading and unloading of the goods to be moved. In this context, Komfortflytt can perform other associated services (additional services). The customer can order such services for additional compensation, e.g. purchase and rental of moving boxes, purchase of moving cleaning, or application for a temporary parking permit (for moving in and out).
2.1. Basic services The following elements are included in the agreement with Komfortflytt regarding floating transport:
- Planning and organization of the move
- Arrival and departure of the transport vehicle
- Provision of adequate moving personnel at both loading and unloading locations
- Loading and unloading of moving goods in the transport vehicle by the moving staff
- Transport of the moving goods to the unloading place
- Unloading of the moving goods by the moving staff at the unloading point
- The moving goods are left at the designated location
- Fuel for transport vehicles
- Materials for proper loading (e.g. blankets)
2.2. Additional services The customer can book additional services, if such are offered by Komfortflytt, for additional compensation. Below are a couple of examples of such additional services:
- Disassembly and assembly of furniture and kitchens
- Unpacking and unpacking of moving goods
- Application for a temporary parking permit (for moving in and out)
- Provision of furniture faucet
- Provision of packing material
- Storage of moving goods
- Moving cleaning
If, after the conclusion of the agreement, the customer expands the scope of the service or if, within the framework of the contracted services, unforeseen work efforts arise for Komfortflytt, the customer must pay additional compensation according to the price and service list .
2.3. Komfortflytt's staff is not authorized to carry out electrical and gas work or similar installations.
2.4. Komfortflytt does not transport dangerous goods.
Dangerous goods consist of substances, preparations (mixtures, compounds or solutions) and objects which contain substances which by their nature, due to physical or chemical properties or conditions during transport may pose a danger to public safety and order, especially to the public, public property or human and animal life and health. Goods can also be classified as dangerous goods by law. A few examples are chemicals, liquefied gas, fireworks, petrol, heating oil, certain special fertilizers and other highly flammable products and liquids, certain wastes, radioactive material of all types (e.g. for medical or technical use) and substances that in smaller volumes do not pose any danger but which in larger volumes can be dangerous (e.g. spray cans).
2.5. Komfortflytt does not transport moving goods that require special approval or permission, unless Komfortflytt has given its approval in writing in advance.
2.6. Komfortflytt can contract additional freight forwarders, forwarders or subcontractors to carry out the moving task. Komfortflytt also has the right to contract additional companies for the provision of any additional services that the customer orders.
2.7. Transport of moving goods may also be carried out in connection with the transport of other goods.
2.8. Komfortflytt performs its obligations with the greatest possible care and preserves the customer's interests against payment of agreed compensation.
2.9. Services through third parties/value added services (Value Added Services - VAS) As part of its range of services, Komfortflytt offers a service only for registered customers, which means that customers are sent via telephone or e-mail current offers regarding energy, telephone, internet, crafts -,or insurance services.
The use of VAS requires the customer's prior consent. The customer can accept the use of VAS by checking the box for "Get offers from third parties for VAS" on Komfortflytt's web platform. The customer can withdraw his consent at any time by email to info@komfortlfytt.com or by post to Komfortflytt, Borås, Kilsundsgatan 5B 504 68.
After the customer receives an offer, he decides himself whether and, if so, which supplier's offer he wants to accept. Agreements are entered into directly between the customer and the supplier. Komfortflytt is not a party to the contract, nor does it act as a representative for the customer or the supplier. Nor will Komfortflytt act for the customer or the supplier in connection with the fulfillment of their contractual obligations.
3. Conclusion of agreement
The services that Komfortflytt must perform are specified before the conclusion of the agreement. The customer can request information from Komfortflytt about moving services via Komfortflytt's website, by e-mail or telephone. Online, this takes place by the customer filling in information requested in the order form on Komfortflytt's website.
The data must be correct. These are the basis for Komfortflytt's calculation of costs and planning for how the move will later be carried out. The customer is responsible for incorrect, unclear or incomplete information. Incorrect, unclear or incomplete information may incur additional costs or lead to the move not being able to be carried out on the planned day.
Based on the customer's information, Komfortflytt produces a concrete cost proposal. Usually, an employee from Komfortflytt's sales department will consult with the customer by phone. Here, the customer's information will be discussed once more, such as loading and unloading address, list of moving goods and price. Komfortflytt bases its quote on the customer's information and sends this to the customer via e-mail. If the customer is satisfied with the quote, the customer can, through a completed form on Movinga's website, see their compiled information, which gives the customer the opportunity to check whether the information is correct and, if necessary, manually correct it. Alternatively, the customer can notify Komfortflytt by telephone that the customer accepts the quote, provide additional details about the intended assignment and supplement with any missing information.
If the requested information has been received and information about the requested services, moving date, time period for the service are specified and that payment has been established, there is an offer from Komfortflytt to carry out the move for the agreed price. The customer can then book the move according to these conditions directly on Komfortflytt's website or by phone.
If the customer books the moving contract by confirming the offer (via the confirmation button on the web page), the customer will, depending on the selected payment method, pay directly in connection with the booking procedure or by other means specified in section 7.
Komfortflytt confirms the assignment to the customer (assignment confirmation). This confirmation of assignment contains the contractual terms for the concluded agreement.
4. Data protection
Komfortflytt uses the information (data) that the customer has shared to fulfill and carry out the assignment. A transfer of data takes place to parties engaged for the execution of the assignment. When the assignment has been completed and full payment has been made, the data is blocked from further use and deleted in accordance with applicable laws and other regulations.
Otherwise, reference is made to Komfortflytt's data protection policy .
5. Customer's obligations
5.1. The customer is obliged to provide truthful and complete information, especially with regard to the required information about the loading and unloading points (e.g. local conditions, meter indication for walking distance from/to the truck/vehicle, square meter indications, number of rooms, people in the household, lift/ the number of floors, basement spaces, contents of the list of movable goods, etc.).
5.2. The customer is obliged to send a complete list of moving goods still Komfortflytt. As part of the booking process, the customer is obliged to provide a complete list of moving goods, within the framework of the booking on the website. If a list of moving goods is not requested or submitted before or within the framework of the booking, the customer shall, at Komfortflytt's request, send this list in the standardized the form no later than the date specified by Komfortflytt.
5.3. The customer is further obliged to take all necessary preparatory measures in time so that the move can be carried out correctly, especially packing of the goods to be moved. This does not apply if, at the time of booking, the customer has ordered additional services from Komfortflytt to carry out these actions.
5.4. If necessary, the customer is responsible for, where there is a parking ban, obtaining permits for the loading and unloading places for the time in question. If the customer has ordered this as an additional service from Komfortflytt, Komfortflytt must obtain the necessary permits. Obtaining the permit takes place subject to permission being granted.
5.5. The customer is further obliged to provide Komfortflytt with all the documents/accompanying documentation required for the moving goods, permits, licenses, customs documents - if this is required by law or other regulations.
5.6. The customer must in a professional manner secure, or have secured, moving or electrical parts, especially on sensitive units, for transport. Komfortflytt is not obliged to check the security measures taken by the customer.
5.7. When picking up and unloading the moving goods, the customer must check at the loading point that no goods have been taken by mistake or left behind.
The customer must be present at both the loading and unloading point to be able to sign all necessary work papers. If the customer himself cannot be present, the customer can send a third party with a power of attorney to deliver and receive the moving goods, to check for any damage to the moving goods, and to accept the service provided by Komfortflytt. The customer must notify the authorized representative of all assignment details, the agreement and other agreements.
In the event of a delay that occurs because the customer is not present or is not represented by another power of attorney, Komfortflytt is, due to incurred costs, entitled to demand a standard compensation of SEK 250,-(incl. VAT) per half hour started and per present mover . In the event of a delay exceeding three hours, Komfortflytt has the right to demand from the customer the agreed compensation for the assignment in the form of the standard compensation without performing the moving service. In both cases, the customer has the right to disprove that the damage claimed by Komfortflytt has not occurred or that the amount is significantly lower than the standard.
If it is not possible to gain access to the loading or unloading place, the customer is obliged to approve the cost of the parking fine. If the customer states that it is possible to drive to the address of the loading/unloading point without further ado with a 20 m long truck on the roadway but this would not be the case due to parked passenger cars or other obstacles, Komfortflytt is entitled, due to additional costs resulting from extra efforts, to invoice SEK 440 (incl. VAT) per hour and worker during the time loading and unloading is in progress. The same applies to elevators that the customer has stated must be available when the assignment is carried out, but which are not available or have not worked. Unavailable also refers to a lift in which less than 50% of the goods to be moved can fit.
6. Other regulations
6.1. Since the agreement is concluded only with Komfortflytt, the customer's instructions and notices regarding the execution of the assignment must always be communicated to Komfortflytt and preferably in writing.
6.2. It is important to note that the moving company's employees, i.e. the persons who carry out the move on site do not have any authorization and therefore do not have the right to legally represent Komfortflytt. If the customer wishes to order certain additional services on site in connection with the move and these additional services can also be performed or it can be anticipated that extra work is required, these services and extra work must be documented and confirmed on site.
6.3. The customer's payment to employees on site takes place with liberating effect vis-à-vis Komfortflytt only if the payment is made via an electronic means of payment approved by Komfortflytt in accordance with point 7.1. Employees on site are not entitled to receive cash payment from the customer. Payment made by the customer, which was not made via an electronic means of payment approved by Komfortflytt, is not considered to have taken place with a liberating effect vis-à-vis Komfortflytt.
6.4. Tips will not be deducted from amounts that Komfortflytt invoices for the assignment.
7. Compensation and payment terms
7.1. At Komfortflytt, payment can be made through the following payment methods: advance payment/bank transfer, credit card and payment solutions provided at any time (such as Paypal/Klarna). In individual cases, Komfortflytt reserves the right not to use the payment method that the customer has chosen and to refer to another payment method. Customers who have chosen a payment solution (such as Paypal/Klarna) cannot choose another payment solution provided by Komfortflytt at a later time. When paying via a payment service provider, the service provider's terms and conditions apply to the payment.
7.2. The customer must, in connection with the customer's booking of the moving agreement (see section 3), make an advance payment amounting to 20% of the price. The customer must pay the remaining part of the order value (with the addition of any additional costs for services according to articles 2.1 and 2.2) as follows: by bank transfer 80% at the latest 14 days before the moving date, by credit card or via payment solution (such as Paypal/Klarna) 40% no later than 14 days before the moving date and 40% after the move has been carried out. If the customer books a moving agreement 18 days, or later, before the moving date, the advance payment instead amounts to 60% of the order value and the remaining part of the order value (with the addition of any additional costs for ordered services according to articles 2.1 and 2.2) must be paid after the move is completed.
Special features when purchasing on invoice ("Pay later") via the payment system provider Klarna:
In the case of purchases on invoice, the due date for the invoice amount is the calendar day stated in the invoice. An advance is not required.
In order to ensure expansion of services afterwards by the customer, a request has been made to Klarna for an amount of SEK 5000,- higher than what appears in the offer. This is a request for information only. Only the agreed amount must be paid.
7.3. As soon as the client has a claim against a branch of service or employer for costs related to the move (order value), this location must be specified and agreed and still outstanding compensation for moving costs must be immediately paid to Komfortflytt.
The prices specified by Komfortflytt to the customer include VAT, if applicable.
7.4. If, after the conclusion of the agreement, additional costs arise for Komfortflytt within the scope of the performance of the service, e.g. due to incorrect or incomplete information from the customer, changed delivery distance or insufficient fulfillment of the obligations specified in point 5, Komfortflytt reserves the right to invoice the customer for these additional costs in accordance with the Price and service list . This shall also apply if, after the agreement has been fulfilled, the customer wishes to extend the scope of the service, e.g. by booking additional services.
7.5. If the customer cancels the moving agreement according to clause 8 of these general terms and conditions, the customer understands that Komfortflytt can demand payment according to the agreement via the selected payment method.
7.6. A right to settlement for the customer only arises if the claim has been legally established or if it has not been disputed or approved by us. In addition, the customer only has a right of retention if and to the extent that his counterclaim amounts to the agreed ratio.
7.7. Unless otherwise agreed (e.g. agreed partial payment, purchase on invoice, instalments), payment claims from Komfortflytt must be paid within 10 days after the invoice has been received. If the customer is late with any of his contractual obligations, all of his claims can be invoked immediately.
7.8. If the customer, in the case of delayed direct debit due to insufficient funds, the account being deleted or unjustified objections, has not received payment, the customer shall be responsible for the costs arising as a result of the delay.
7.9. Late fees must be paid by the customer. For well-founded payment reminders, Komfortflytt requests SEK 26 incl. VAT, if the transfer is canceled the customer is liable for compensation for the cancellation fees calculated by the bank.
8. Right of withdrawal, right of cancellation and right of termination
8.1. There is no right of withdrawal when purchasing a floating service, because the statutory right of withdrawal (for consumers) does not apply to contracts relating to the transport of goods, when the carrier must provide the service on a specific day or during a specific period of time, according to ch. 2. Section 11 of the Act (2005:59) on distance contracts and off-premises contracts.
For the right of withdrawal when purchasing moving boxes and ordering moving cleaning, we refer to the detailed execution in the document "Right of withdrawal" . The customer will be informed of his right of withdrawal prior to his order when purchasing moving boxes and ordering moving cleaning. During the order procedure, the customer must, among other things, a confirm that he has received such information.
8.2. Customer's right of termination
The customer can cancel the transfer agreement at any time. If the customer terminates the agreement, Komfortflytt can, if the termination is based on a reason for which Komfortflytt is not responsible, demand the agreed compensation for the assignment with a deduction for what Komfortflytt could save due to the assignment not being performed. This rule applies unless otherwise stated in clause 8.3.
8.3. Komfortflytt gives customers the following right of cancellation:
- If a customer cancels an assignment at least 15 days before the moving day, Komfortflytt is entitled to compensation equivalent to 20% of the agreed compensation for the assignment.
- If a customer cancels an assignment between 15 and 8 days before the moving day, Komfortflytt is entitled to compensation equivalent to 50% of the agreed compensation for the assignment
- If a customer cancels an assignment later than 7 days before the moving day, Komfortflytt is entitled to compensation equivalent to 100% of the agreed compensation for the assignment.
- The customer's right to cancel expires if the originally agreed moving date has already been postponed once by the customer and this postponement was then accepted by Komfortflytt.
- Cancellation can only be made via the intended cancellation form on Komfortflytt website.
8.4. Komfortflytt's right of termination
Komfortflytt has the right to terminate the agreement with the customer, if Komfortflytt does not have the capacity or opportunity to perform the non-agreed services or does not have the opportunity to keep the agreed time, and Komfortflytt could not foresee and/or prevent this and this is beyond Komfortflytt's control.
Such a right of termination also exists for Komfortflytt if, at the conclusion of the agreement, there were unidentified circumstances which, with regard to Komfortflytt's interests, justify a right of termination for Komfortflytt, e.g. in case of force majeure, strike or natural disaster.
If Komfortflytt cancels a move one day before the agreed moving day or on the moving day itself, the customer is entitled to compensation up to 200% of the total compensation agreed for the assignment, provided that actual damage has occurred. This compensation aims to cover the difference that arises for the customer when paying for (reimbursed) floating service, however limited to a maximum of 200% of the agreed compensation for the assignment. Komfortflytt’s notification that the floating service is canceled must be in writing, whereby e-mail is sufficient.
9. CHANGE OF THE MOVE DATE AFTER THE CONTRACT IS ENTERED INTO / FLEXIBLE MOVE DATE
9.1. Change of moving date
A change of the moving date after the conclusion of the agreement is possible, as long as the agreed moving date at the time of the change falls later than 14 days in the future and the new moving date does not fall earlier than 14 days from the time of the change.
The administrative fee for changing the moving date amounts to SEK 490 incl. VAT.
If the agreed moving date falls within 14 days from the time of the change of the moving date, the moving date cannot be changed.
9.2. Flexible moving date
When booking a moving service, the customer can choose to book a flexible moving day (flexible moving date) and then receive a reduced price. The customer selects a date and can choose for the move to be carried out within a time period of +3, +6,+13, +20 or +27 days from this selected date. A later change of the moving date is not possible. Komfortflytt notifies the customer at least 5 days before the final moving date of when the move will take place
The customer cannot change the final move date, as the reduced price depends on the possibility of a more efficient planning of resources and travel distances, which are coordinated with the need for resources and travel distances for other customers/assignments. In the event of termination, clause 9 of these general terms and conditions shall apply.
If the customer has chosen flexible moving day, a later change of the date according to 10.1 is not possible.
10. Applicable Law and Dispute Resolution
10.1. Swedish law shall be applied to agreements between Komfortflytt and its customers.
10.2. In the event of a dispute between Komfortflytt and a customer who is a consumer, the parties shall first try to resolve this voluntary agreement. The consumer can turn to the Swedish Consumer Agency for advice. If the parties do not agree, the dispute can be tried at the consumer's request by the General Complaints Board (ARN) or by a general court (with the Stockholm District Court being the first instance). A consumer can also turn to the European Commission's ODR platform www.ec.europa.eu./consumers/odr to file a complaint against Komfortflytt and get help from an independent dispute resolution body. Komfortflytt states that Komfortflytt will not, and is not obliged to, participate in such a dispute resolution procedure.
In the event of a dispute between Komfortflytt and a customer who is a trader, the Stockholm District Court shall be the first instance.
PART B. GENERAL LIABILITY PROVISIONS
Movinga is responsible according to the moving agreement including these general conditions. These principles of responsibility also apply to cross-border transport that begins or ends in Sweden, even if different means of transport are used.
in RESPONSIBILITY PRINCIPLES
- Komfortflytt is responsible for damages caused by loss or damage to the goods caused during transport until handover or by exceeding the delivery time, as long as the goods were in Komfortflytt's possession.
- Komfortflytt is obliged to compensate the customer for damage caused to the customer as a result of delay, error or damage to or loss of moving goods, if Komfortflytt does not demonstrate that the event is due to obstacles or circumstances beyond Komfortflytt's control that Komfortflytt could not have reasonably expected and whose consequences Komfortflytt nor could reasonably have been avoided or overcome at the conclusion of the agreement.
- Komfortflytt is not responsible for indirect damage, consequential damage or pure property damage.
LIMITATION OF LIABILITY
- Consumer Movinga's compensation obligation towards a customer who is a consumer does not include damage or loss in business operations and is limited in its entirety to an amount per household corresponding to 20 times the price base amount according to the social insurance code (2010:110) that was valid at the time the compensation liability arose. Compensation is not paid for affection value.
- Traders Movinga's compensation obligation towards a customer who is a trader is limited to: 1. 30 price base amounts in total per assignment, 2. an amount amounting to half the price base amount for each unit, the weight of which is no more than 25 kg, 3. two percent of the price base amount for a unit, whose weight exceeds 25 kg.
- By unit is also understood related items such as, computer with associated monitor and keyboard or the like as well as furniture group, set, series, etc.
- Price base amount refers to the price base amount according to the Social Insurance Code (2010:110) that was valid at the time the compensation liability arose.