TERMS AND CONDITIONS

*1 – PURPOSE AND ACCEPTANCE OF MOVIIU TERMS AND CONDITIONS*

*1.1. Purpose of terms and conditions *
The purpose of the following terms and conditions is to define the rules and legal framework for the provision of freight forwarding services ordered by the Principal via the website of MOVIIU, a public limited company with share capital of CHF 100,000, which is listed on the Register of Commerce of GENEVA (SWITZERLAND) under number CHE-303.888.192 and has its registered office at 6 Avenue de Sécheron, 1202 GENEVA (SWITZERLAND) (hereinafter “MOVIIU“).

*1.2. Acceptance of terms and conditions *

The Principal can accept these terms and conditions either by ticking a box provided for this purpose when placing the Transport Order via the website or by agreeing to the quotation provided by MOVIIU.

This acceptance is full and complete. Unless expressly agreed by MOVIIU, no general or special condition of the Principal shall take precedence over these terms and conditions in relation to the freight forwarding services and their consequences.

*2 – DEFINITIONS*
For the purpose of these terms and conditions, the terms below are defined as follows:

  • *“**Insurer**”*: the insurance company, to which MOVIIU subscribes, on behalf and for the account of the Principal, for insurance that covers, subject to the conditions and limits of the policy, any damage that may occur during the transport of the entrusted goods, up to the value declared by the Principal.
  • *“Package”*: item or set of items consisting of several goods, regardless of their weight, dimensions and volume, which represent a unit load when they are transferred to the Representative(s) of MOVIIU.
  • *“Transport Order”*: request for freight forwarding services sent by the Principal to MOVIIU, which also includes customs representation.
  • *“User Account”*: an account that must be created on the website, in order to use the latter and the services that it offers.
  • *“Terms and conditions”*: these conditions, which govern relationships between MOVIIU, the Principal, the Recipient and any party that is involved in operations, solely and to the exclusion of any other conditions.
  • *“Order Confirmation”*: acceptance by MOVIIU of the transport order sent by the Principal. The order confirmation is sent by e-mail to the Principal. . It confirms the conclusion of a freight forwarding contract between MOVIIU and the Principal and, if required, the customs representation authorisation.
  • *“Recipient”*: the party, to which the transported item is sent, based on a transport order placed by the Principal.
  • *“Principal”*: the party, which sends a transport order to MOVIIU, so that the latter can organise the transport of goods and, if required, provide customs representation.
  • *“Shipment”*: all packages, packaging and load supports transferred to the Representative(s) of MOVIIU by the Principal or his representatives in order to provide the freight forwarding service.
  • *”Delivery”*: physical handover of goods to the Recipient or his representative with special written authorisation.
  • *Freight forwarding service”*: transport organised by MOVIIU (including additional services, such as home packing and packaging recovery) for the Principal in order to fulfil a transport order.
  • *“Price of Service”*: price paid by the Principal to MOVIIU for the freight forwarding service.
  • *“Price Supplement”*: price paid by the Principal to MOVIIU for options selected by the Principal when the transport order is placed.
  • *“Price”: *price paid by the Principal to MOVIIU for the freight forwarding service and selected options.
  • *“Website”*: the website (www.moviiu.com) and, more generally, any online and/or mobile application made available by MOVIIU and linked to the Website.
  • *“Representative”*: any transport or customs representation professional, with which MOVIIU entrusts the provision of transport, part of the transport or an associated service in order to fulfil a transport order. The Representatives of MOVIIU shall be considered to have been approved in advance by the Principal.
  • *“User”*: the Principal registered on the website.

*3 – WEBSITE OPERATING CONDITIONS*

*3.1. User Account *

The user account is strictly personal.

The User accesses the website using his password and user name, as well as his user account, which includes all the personal information that he provides when he signs up to the website.

The User agrees to ensure that his information is accurate, complete, unambiguous and up-to-date.

The User agrees to keep confidential and refrain from communicating to any other person (including other Users) his user name and password, which would allow them to access the website.

The User is solely responsible for his user account and how it is used. It is incumbent on him to inform MOVIIU immediately if an incident occurs, which suggests that his user account may have been hacked and/or used by a third party.

The User formally agrees to refrain from creating or using a user account other than that initially created, whether by using his own identity or that of a third party, and formally agrees to refrain from transferring his user account to any other person.

*3.2. Suspension and cancellation of the User Account by MOVIIU *

MOVIIU reserves the right to suspend or cancel the user account if it identifies inaccurate information and/or any behaviour by the User that is contrary to these terms and conditions, without prior notice or liability.

The User shall hold MOVIIU harmless against any damage, losses, prejudice or convictions, to which MOVIIU or any other person is subject, due to any use of the website that violates these terms and conditions.

*4- FORMATION OF THE CONTRACT*

*4.1. Transport Order*

The Principal places a transport order via the website, by completing the compulsory fields intended for this purpose.

If (i) the transported item does not fall into any of the categories offered by the website and/or (ii) the dimensions and/or weight of the transported item fail to meet the standards required by the website and/or (iii) the declared value of the transported item is between 50,000 € (fifty thousand Euros) and 100,000 € (one hundred thousand Euros), the Principal must complete the special form provided for this purpose on the website, in order to obtain special prior approval from MOVIIU.

Once it has been placed, the transport order is firm, subject to the amendments described in Article 5.4 (below), and the right of withdrawal cannot be exercised.

*4.2. Confirmation of the Transport Order*

The website records transport orders and determines the price. The contract is formed when the order confirmation is sent by e-mail to the Principal.

5 – PRICE AND PAYMENT

*5.1. Price calculation*

5.1.1 During the transport order process, the website informs the Principal of the total price and services benefits and/or services included in the price.

The price is calculated using algorithms on the system provided by MOVIIU, based on information provided by the Principal, such as the nature, weight, volume and value of the transported item(s), as well as the relevant routes.

The price is determined according to the exchange rate when it is provided.
In the event of any inaccuracies, it is incumbent upon the Principal to make enquiries with MOVIIU before sending the transport order.

5.1.2 The price of the freight forwarding service does not include taxes. The required VAT is added to the price by MOVIIU, according to the applicable rate on the invoice date.

5.1.3 The price of fuel is determined when the price is fixed and the transport order is placed. It should not vary, unless a variation occurs, during the period between the transport order being placed on the website and its fulfilment by the Representatives, which must be taken into account as a compulsory requirement.

In order to take account of changes to the price of fuel, a fuel surcharge may be applied by MOVIIU, as of right and without formality, which will be calculated according to fuel price variations (based on the average monthly rate of the USGC (US Gulf Coast (http://www.eia.gov/dnav/pet/pet_pri_spt_s1_m.htm) Index) for kerosene, which is published by the US Department of Energy for international transport, using the most equitable possible measure of the average diesel price in the relevant country for national transport). Taking account of the publication dates of these average prices, an interval of two months must be allowed when these indexes are applied.

5.1.4 Unless otherwise indicated by MOVIIU in the order confirmation, the price does not include any duties, taxes, licence fees and levies that may be payable according to regulations, such as tax and customs requirements (excise tax, import duties, etc.), for which the Principal is liable.

However, if duties and taxes, shipping costs, transport charges and another applicable charges have to be paid by the Recipient, the Principal shall remain jointly and severally liable, while also standing as guarantor for payment of the said applicable charges, whether in relation to any authority, MOVIIU or third party, and regardless of the reason.

*5.2. Terms of payment*

5.2.1 After the transport order is placed, an invoice is issued by MOVIIU, which is available on the website, if the transport order process was completed via the website, or sent by MOVIIU by e-mail to the Principal if the transport order process was completed by means of a quotation specially prepared by MOVIIU.

The Principal pays the price by credit card, PayPal or bank transfer to the MOVIIU account.

MOVIIU will only initiate the freight forwarding service indicated on the transport order after payment of the price has been received.

5.2.2 Any delay in payment shall result, as of right, on the day following the order confirmation date, in default interest becoming payable, which is equivalent to 5%, in addition to fixed compensation for recovery costs, amounting to CHF 40 for each reminder that is necessary, without prejudice to any compensation and subject to the provisions of common law, for any other damage incurred by MOVIIU due to the delay.

*5.3. Additional charges*

Unless MOVIIU is at fault, if additional charges that were not foreseen when the transport order was placed and become necessary in order to complete the assigned tasks are paid by MOVIIU, the Principal shall be liable, as of right, for such charges. He must reimburse MOVIIU for any such costs incurred upon presentation of receipts, subject to the conditions described in Article 5.2.

Examples of specific cases:

  • Incorrect and/or inaccurate information concerning the place of collection for the order and any other imprecise and/or inaccurate information concerning collection of the order;
  • Incorrect and/or imprecise information concerning the place of delivery and any other inaccurate and/or imprecise information concerning delivery of the order;
  • Inaccurate dimensions and/or weights relating to the transported item(s) and/or packaging;
  • Unavailability of the Principal or Recipient (or a representative of the Recipient with special written authorisation to receive the entrusted item) resulting in additional costs, such as additional journeys or storage of the transported item;
  • Refusal of the Recipient to pay customs duties, which makes it necessary to return the Shipment to the Principal: the item will only be returned to the Principal after payment in full of the costs of returning and storing the item, if a delay occurs;
  • Any unforeseen event for MOVIIU when the order is placed, such as strikes, border closures or restrictions affecting travel and/or transport.

*5.4. Amendment of the Transport Order*

For any amendment of the transport order, the Principal must contact MOVIIU by e-mail at info@moviiu.com, in order to inform it of the required amendments.

Any amendment of the transport order may result in a readjustment of the initially agreed price. In this case, the Principal must make an additional payment according to the conditions defined in Article 5.2.

*5.5. Cancellation of the Transport Order*

The transport order cannot be cancelled once the transport order confirmation has been received by the Principal.

If this provision is violated by the Principal (for example, in the event of refusal to return the transported item to MOVIIU or one of its Representatives), the price agreed in the terms of the transport order is payable in full by the Principal.

MOVIIU or its Representatives reserve the right, however, to cancel any Order if it becomes apparent, after the Shipment has been inspected, that it does not correspond to the information or items provided by the Principal.

 

*6 – INSURANCE OF TRANSPORTED ITEM(S)*

MOVIIU may offer an insurance solution to the Principal with its contractual partners.

By default, no insurance guarantees against damage that may occur to shipments, which are compensable according to the statutory conditions indicated in Article 11.2 (below).

No insurance is taken out by MOVIIU for the Principal without an advance written order from the Principal, which indicates, the risks needing to be covered and value that should be guaranteed for each shipment.

When the transport order is placed, the Principal may guarantee material damage up to the value of the transported item(s) declared by the Principal, by purchasing “ad valorem“ insurance via the website. Under no circumstances can MOVIIU be held responsible for a value declared by the Principal, which proves insufficient.

For any declared value greater than [ ] €, MOVIIU must first sent a special request to the company providing ad valorem insurance, which is at liberty to agree or refuse to insure the relevant item. Under these conditions, MOVIIU may also refuse to transport goods of a value greater than [ ] €.

The Principal acknowledges and accepts that he is not permitted to receive compensation that is greater than the default limit or declared value. He agrees that any person with an interest in the transported item(s) must refrain from claiming greater compensation and hold MOVIIU harmless against any claims of this nature.

In all events, the insurance only comes into effect after the transport order confirmation is received by the Principal and the price, together with the ad valorem insurance premium, has been received in full by MOVIIU.

In all cases (by default or ad valorem), the transported item(s) are only insured against material damage, *with the exclusion of all other intangible or indirect damage*. An insurance certificate is available on request by e-mail from MOVIIU.

Payment of the insurance compensation by the Insurer to the Principal (or his beneficiaries) shall be subject, in particular, to the provision of evidence of the capacity and standing of the claimant, as well the signature of the required documents (receipt, etc.).

MOVIIU does not assume any responsibility of any nature or joint liability with the insurers. No personal liability can be attributed to it.

MOVIIU is not a broker, insurance agent or insurance intermediary. The Principal agrees to provide MOVIIU, in good time, with all the information required to report the damage so that MOVIIU can take the necessary steps with the insurer.

Compensation of the Principal or his beneficiaries by the Insurer serves to fulfil their rights. As a consequence, no additional compensation can be claimed from MOVIIU or its Representatives. As soon as the insurance compensation is accepted, it will be considered that Principal and his beneficiaries have waived any recourse against MOVIIU and its Representatives.

You can view the Moviiu insurance terms at this link.

*7 – OBLIGATIONS OF THE PRINCIPAL*

*7.1. Packaging and labelling*

Unless the Principal has entrusted these services to MOVIIU via the website or the special form (home packing) and paid the relevant price in full, the Principal is responsible for the proper packing and labelling of the transported item.
In the event of the non-compliance of packing and labelling, which is not conducted by MOVIIU, MOVIIU cannot be held responsible for any damage to the transported item and/or any additional costs that may result.
In addition, the Principal will also be solely responsible, without any recourse to MOVIIU or its Representatives, for damage of any nature that may be caused during shipment.

*7.2. Reporting obligations and transport instructions*

The Principal is required to provide the necessary and accurate instructions in the transport order so that the Representatives of MOVIIU can provide the transport and additional services that form the subject of the transport order.

For this purpose, the Principal must provide all the information and documents required for the proper execution of transport and, if requested by MOVIIU, provide additional details without delay. If necessary, for example, for the proper fulfilment of customs requirements, the Principal authorises MOVIIU to issue, in his name and for his account, a pro forma invoice listing the information provided by the Principal and, if necessary, to add further details.

In addition to the information and documents required by MOVIIU for the transport order, the Principal must provide MOVIIU with any additional information and/or instructions that are required for the transport so that MOVIIU and its Representatives can correctly fulfil the transport order.

The Principal shall refrain from placing transport orders for items that are illegal, banned, classified as high risk, dangerous, prohibited or subject to restrictions imposed by the IATA (International Air Transport Association), the ICAO (International Civil Aviation Organisation), the ADR (European agreement concerning the International Carriage of Dangerous Goods by Road) or any other competent authority, subject to embargo according to regulations that apply to the relevant transport, counterfeit goods, animals, gold bullion, currency, precious stones, weapons, explosives, ammunition or human remains.

MOVIIU and its Representatives reserve the right to open and inspect any shipment without prior notification for reasons of safety and security, as well as customs and regulatory requirements.

All specific instructions concerning the delivery must form the subject of a written order, repeated for each shipment and sent in advance to MOVIIU, for prior express acceptance. In all events, an authorisation of this nature is incidental to the principal service provided by MOVIIU and its Representatives.

The Principal agrees to inform the Recipient that the shipment can only be transferred to a representative of the Recipient upon presentation of a special written authorisation to this effect.

The Recipient may be offered an alternative delivery option, such as delivery on another date, delivery without signature or having the shipment forwarded. The Principal may decline certain alternative delivery options.

*7.3. Collection of the transported item*

The Principal is required to help the Representative(s) to load and, if necessary, secure the transported item on the relevant means of transport.

The Principal shall be solely responsible for any damage caused by his actions or fault during or subsequent to these operations.

*7.4. Impediment of transport*

The Principal agrees to inform MOVIIU, with prior notice of at least three (3) working days, if the transported item cannot be transferred to MOVIIU within the planned deadlines. If this prior notice period is not respected by the Principal, the freight forwarding service will be cancelled and the Principal will be invoiced for the agreed Price, which will be payable in full to MOVIIU.

If, after the transported item has been transferred to the Representative(s) of MOVIIU, its transport is prevented or temporarily interrupted or if the provision of transport is or becomes impossible, MOVIIU may request instructions from the Principal who must reply without delay. MOVIIU shall make every effort to inform him of the foreseeable consequences linked to these instructions. The Principal must reimburse MOVIIU for all unexpected costs, upon presentation of receipts.

In the absence of a reply from the Principal in due time, MOVIIU shall take what it considers the most appropriate steps in the interests of the latter, in order to protect the transported item or transport it to the Recipient. Any resulting costs shall be borne by the Principal who is liable and must pay them within the same period as for invoices from MOVIIU. He may request to see receipts.

*7.5 Payment obligations*

The Principal is required to pay the price and any additional amounts, according to the terms of Article 5 of terms and conditions.
MOVIIU is not required to conduct a due diligence of any kind before receiving the price in its bank account and this is expressly accepted by the Principal.

*8 – CUSTOMS REPRESENTATION AUTHORISATION*

By accepting these terms and conditions, the Principal authorises the territorially competent companies of the DHL Group, which act as customs representatives, to represent him in relation to the customs administration within the framework of direct representation according to the EU Customs Code (EU Regulation N° 952/2013).
The Principal expressly authorises MOVIIU to subcontract to companies of the DHL Group, which are territorially competent, the completion of customs requirements, such as:

  • Signature, on behalf and for the account of the Principal, of all customs declarations for imports and exports,
  • Completion of all associated transactions,
  • Presentation of documents/transported goods and conduct of customs inspections,
  • Representation of the Principal in relation to other authorities or any organisation that has an interest in the completion of the entrusted operations (health, phytosanitary, veterinary, excise),
  • Conduct of operations under economic systems (temporary admission, temporary export, inward processing, outward processing, simplified procedures, etc.),
  • Use of guarantees provided by MOVIIU (any sureties and goods removal credits that may be provided) in order to conduct the tasks entrusted to MOVIIU,
  • Payment on behalf of the Principal of the total amount of fees and taxes linked to customs declarations and the above-mentioned actions,
  • Receipt of any reimbursements, issuing of receipts and withdrawal of any certificates and acknowledgement of receipt,
  • More generally, any steps that may be required in order to fulfil the entrusted assignment.

In the absence of information to the contrary, MOVIIU shall consider that the goods entrusted to it are not subject to any import, export or transit restrictions.

The Principal agrees to provide MOVIIU, as soon as possible and in writing, with any financial information that may influence the customs value of the item required to pass through customs, which has not been included on the invoice presented to MOVIIU.

The Principal remains the sole debtor in relation to the customs debt that may result from customs clearance procedures, even if it has been paid by MOVIIU before the latter requests reimbursement.
The Principal agrees to compensate MOVIIU upon first request for any financial consequences, complaints or costs incurred, including customs duties and other indirect taxes, such as VAT or excise, penalties, fines and interest, which may be incurred by MOVIIU due to the actions of the Principal (negligence or incorrect information provided by the Principal).

MOVIIU reserves the right to refuse to complete the formalities defined by this authorisation, for example, in the event of interrogation or any doubts concerning conformity with the applicable regulations.
MOVIIU, as part of the fulfilment of customs procedures, is only required to ensure that the documents are complete and appear consistent. In any other case, it cannot be held responsible with regard to the documents used.

The Principal agrees to reimburse MOVIIU for any sums that it or its Representative may have paid in the interests of the Principal.

This authorisation comes into effect when the terms and conditions are accepted by the Principal and applies whenever the freight forwarding service entrusted to MOVIIU includes customs procedures. It remains valid until it is terminated by either of the parties by registered letter with acknowledgement of receipt sent to the registered office of the other party. The termination will become effective on the date when the said registered letter with acknowledgement of receipt is received.

*9 – OBLIGATIONS OF MOVIIU*

MOVIIU reserves the right to cancel or refuse any transport order in the event of delay or failure by the Principal to pay an outstanding facture.
When MOVIIU accepts a transport order, it is responsible for organising transport for the item according to the instructions of the Principal. MOVIIU is free to determine the transport arrangements, including the type of transport, and to select the Representative(s) that will provide transport.

*9.1. Obligations of MOVIIU towards the Principal*
MOVIIU shall check that (i) the documents provided by the Principal when the Transport Order is placed appear consistent and (ii) no essential documents are missing.
If it appears that the information sent by the Principal is incomplete, MOVIIU will request further details from the Principal, in order to organise the freight forwarding service and/or customs procedures as efficiently as possible.

MOVIIU shall prepare or arrange the preparation of transport documents and check that it has been provided with the information and documents required to produce the transport document and transport the goods or, failing this, that they were handed to the carrier(s) no later than when the latter assumed responsibility. It shall prepare the documents that it is required to produce and ensure, to the best of its abilities, that such documents are prepared by the parties, which are responsible for doing so.

MOVIIU shall keep the Principal informed of how the transport assignment is progressing and report to him any difficulties that require his intervention, which occur during execution of the freight forwarding service.
If an incident occurs during the provision of transport, MOVIIU shall take all possible steps to protect the rights and remedies of the Principal, and endeavour to find a solution as soon as possible, in order to bring the transport service to a successful conclusion. If required, MOVIIU shall make decisions unilaterally, which are important in order to protect the transported item and interests of the Principal.

It is not the responsibility of MOVIIU to supervise the loading of the transported item. At the same time, unless specifically instructed by the Principal when the transport order is placed, as described in Article 7.1 of the terms and conditions, MOVIIU shall not assume any obligation with regard to packing, securing and labelling the entrusted item, if the Principal takes care of packing and securing the item.
Unless due to its personal fault, MOVIIU shall not be responsible for intermediate agents and/or Representatives, which may be imposed on it by the public authorities.

*9.2. Transport and customs clearance periods*
The dates of departure/arrival and completion of customs procedures communicated by MOVIIU to the Principal are provided purely for information purposes. MOVIIU shall endeavour to respect these times, depending on the nature and risks associated with each method of transport.
If a delivery time or deadline is set with the Recipient, MOVIIU shall make every effort to respect it. It cannot assume any responsibility in the event of delays due to causes that are beyond its control, for example, in the event of unusual customs delays or unexpected customs checks.

*10 – RESERVATIONS*

If, when the shipment is handed over, it is not possible for the Representative to check the quantity, condition or whether it has been properly secured during packing, the Principal shall acknowledge that any reservations reported to this effect by the carrier when the shipment was transferred are considered to have been confirmed.
In order to be taken into account, any reservations reported upon delivery must comply with the current regulations, as follows:

  • They must be dated, explicit, written, detailed, precise, backed up by photographs, as a compulsory requirement, relate to the entrusted item and mentioned on the waybill;
  • They must be sent by the Recipient to the carrier mentioned on the waybill by registered letter with an acknowledgement of receipt within the following deadlines;
  • They must be sent to MOVIIU by e-mail to the following address: info@moviiu.com within twenty-four (24) hours of it being sent to the carrier, with the heading “urgent – reservations” as the subject of the e-mail, while also attaching the declaration sent to the carrier.

Subject to changes to the applicable regulations, the reservations (dated, explicit, written, detailed, precise and relating to the entrusted item) must be sent to the carrier within the following maximum deadlines:

•Air transport:_

  • For all losses or damage: within fourteen (14) calendar days of delivery.

•Road, rail or international river transport:_

  • For losses or apparent damage: upon delivery (an inspection should ideally take place in the presence of both parties and the carrier);
  • For losses or damage that is not at first apparent: within seven (7) calendar days of delivery.

•Marine and other modes of transport (e.g. road, rail or inland river transport):_

  • For losses or apparent damage: on delivery;
  • For losses or damage that is not at first apparent: within three (3) calendar days of delivery.

The Principal, if he is not also the Recipient, agrees that the Recipient may record any reservations according to the regulations and bring them to the attention of MOVIIU, in the same way and within the above deadlines.

The Principal agrees to retain the transported item while awaiting instructions from MOVIIU and, in particular, to allow an appointed expert to determine the extent and causes of damage if this is considered necessary by MOVIIU and/or the Insurer.

*11 – RESPONSIBILITY*

*11.1. Responsibility of the Principal*
The Principal is considered the owner of the goods, for which he places a transport order with MOVIIU.

The Principal is solely responsible for any consequences resulting from the absence, inadequacy or defectiveness of the preparation, packing, marking or labelling of the entrusted item, unless MOVIIU expressly agreed to complete these tasks when the transport order was placed or if the Principal has paid the price in full.

The Principal is solely responsible for any consequences arising from failure to meet the information obligation relating to transport and the obligation to declare any special characteristics of the shipment, particularly with regard to its value and/or if it may be highly sought after, dangerous or fragile.

The Principal shall be solely responsible for any consequences arising from the transfer to Representatives of goods that are illegal, prohibited or subject to embargo, in violation of the terms and conditions. He shall hold the Representatives and MOVIIU harmless against any claims arising from failure to respect this prohibition.

The Principal shall be solely responsible, without remedy in relation to MOVIIU, for the consequences, regardless of their nature, arising from declarations or documents that are incorrect, incomplete, non-applicable (for example, if the nature of the entrusted item declared by the Principal fails to match the transferred shipment) or provided too late, including information required for the transfer of any declaration required by the customs regulations.

If delivery is prevented or if the shipment is refused by the Recipient or his representative with special written authorisation or due the default of the latter, regardless of the cause, the price shall remain payable to MOVIIU in full by the Principal who shall also bear any costs arising from the storage, return, destruction, sale of salvaged goods and more generally all costs linked to the shipment.

In the event of immobilisation of means of transport used for delivery or collection of the shipment, the Principal shall be invoiced according to the current regulations for the relevant means of transport.
The Principal shall be solely responsible in the event of failure to pay the price to MOVIIU for any reason. It is the sole responsibility of the Principal to ensure that the price has been paid in full and, in other words, that the amount has been debited from his account and credited to that of MOVIIU, and it is his responsibility to check with MOVIIU in case of doubt.

*11.2. Responsibility of MOVIIU due to losses, damage or late Delivery*
Regardless of the fact that MOVIIU is responsible, the Principal shall refrain from unilaterally setting the total amount of alleged damages against the Price.

11.2.1. Responsibility due to actions of the Representatives
As part of its responsibility as the freight forwarder, which stands as guarantor for the Representatives, the responsibility of MOVIIU is limited to that incurred by the Representative for the purpose of the shipment.

If the compensation limits for Representatives are not known or do not result from compulsory, statutory or regulatory requirements, they shall be considered identical to those established for the personal responsibility of MOVIIU, as indicated in Article 11.2.3 of the terms and conditions.

If the shipment is not packed by MOVIIU or if it is not possible for the Representatives to check, prior to assuming responsibility for the shipment, its quantity, condition, or whether the shipment has been properly secured and packed, MOVIIU can only be held responsible if it can be demonstrated that the damage occurred during transport and is not linked to the quality of packing or how the shipment was secured. In all events, the limitation of responsibility indicated in Article 11.2.3 shall apply.

11.2.2. Responsibility as the customs representative
If MOVIIU acts as the customs representative, provides the customs service itself or subcontracts it to companies of the DHL Group, which are territorially competent, it can only be held responsible in the event of proven fault, within the period indicated in Article 16 of the terms and conditions and subject to the limits and conditions stipulated in Articles 11.2.3 and 11.2.4.

11.2.3. Personal responsibility of MOVIIU

  • *In all cases, in which MOVIIU is held personally responsible, regardless of the cause or reason, this responsibility is strictly limited to:*
  • *- Direct damage that could have been proven and foreseen when the transport order was accepted;*
  • *- Losses or damage to transported goods, and for all consequences that may result;*
  • *- Unless the shipment is carried solely by road transport, according to the Montreal Convention or Warsaw Convention, depending on which of the latter applies, or if no such convention applies, to the lowest value between (i) the current market value and declared value, or (ii) 22 DTS per kilogram (approx. 30,00 US $ per kilogram), with a maximum of CHF 1,000 per package;*
  • *- If the shipment is carried solely by road transport, if the shipment is transported across borders by road, according to the Convention on the Contract for the International Carriage of Goods by Road (CMR), to the lowest value between the current market value and the declared value, or (ii) 8.33 DTS per kilogram (approx. 11,00 US $ per kilogram), with a maximum of CHF 1,000 per package.*
    If the Principal considers that these limits are insufficient, it is incumbent upon him to provide a special value declaration and take out insurance according to Article 6 of the terms and conditions or from his own insurance company.

11.2.4. Exclusion of responsibility for MOVIIU
MOVIIU and its Representatives shall not be responsible for:

  • Any damage other than material, direct and foreseeable damage when the transport order was placed;
  • Wear and tear that occurred prior to the shipment being handed over;
  • If the transported item was prepared or packed by the Principal or any party other than MOVIIU according to instructions from the Principal;
  • If the shipment or its contents fail to match the description provided by the Principal via the website (whether this becomes apparent following damage or during a customs check) and/or if the Principal and/or Recipient has not permitted an expert authorised by MOVIIU and/or by the Insurer to intervene after the entrusted item was reported damaged and/or lost.

All complaints must be submitted in writing to MOVIIU within fifteen (15) days of the order confirmation date, failing which MOVIIU cannot be held responsible.

Complaints are limited to one complaint per shipment and resolution of the said complaint shall represent the definitive settlement of all losses or damages in relation to it.

11.2.5. Shipment return costs
Any return costs for the shipment shall always be borne by the Principal, even in the event of damage, unless they are covered by the Insurer.

The price is payable to MOVIIU, even in the event of loss or damage to the entrusted item(s).

*11.3. Responsibility of MOVIIU relating to functioning of the Website *
A certain number of factors beyond the control of MOVIIU may influence exchanges between MOVIIU and the Principal and the functioning of the website.
MOVIIU is not responsible for such factors and may be forced to interrupt its services for website maintenance reasons or may suffer technical difficulties affecting the website, without being held responsible for such events.

Only in these cases and if the Principal urgently needs to obtain a quotation or place a transport order can the latter immediately send an e-mail to info@moviiu.com with “urgent order / website malfunction” as its subject.
For damage resulting from a website malfunction, which can be attributed to the personal and proven fault of MOVIIU, the compensation owed by MOVIIU is strictly limited to the price (excluding taxes) paid by the Client for the shipment affected by this damage and is limited, in all events, to 100 €.

*12 – CONTRACTUAL RIGHT OF LIEN AND PRIVILEGE*

Regardless of the capacity, in which MOVIIU intervenes, the Principal expressly grants to it a contractual right of lien according to Art. 485 al. 3 CO and 895 CC, which includes a right of retention and a general right of preference, both of which are unconditional and permanent, for all goods, values and documents in the possession of the transport operator and/or its Representatives, as a guarantee for the price and the reimbursement of costs incurred by MOVIIU for the account of the Principal, even if they were paid prior to or outside the tasks competed in relation to the goods, values and documents that are effectively in its possession.

The privileged claim of MOVIIU includes, together with the principal amount, interest, commissions, incidental expenses and all sums owed to MOVIIU.

For any claim resulting from freight forwarding services provided by MOVIIU and if the Principal fails to pay the price within the period communicated to him, subject to the threat that the entrusted goods may be sold, to the last address provided by him, MOVIIU shall be free to sell the said goods for the best possible price, without further formality, according to its free discretion (private sale or by public auction).
If the goods are of minimal value, MOVIIU shall be entitled to arrange for the said goods to be destroyed.

*13 – STATUTE OF LIMITATIONS*

Court proceedings linked to the freight forwarding service, including those relating to customs procedures, might be brought within the period of one year with effect from when the event takes place or comes to the attention of the Principal.

*14 – DATA* COLLECTION

MOVIIU is required to collect personal information concerning the User, the Principal and the Recipient via the website, when the user account is created, transport orders are placed and communication takes place by e-mail or telephone (hereinafter the “ *Data* “).

Data is collected, for example, in order to follow up requests for quotations and transport orders, for statistical and advertising purposes, and in order to keep users informed of its offers and news, based on the execution of a contract between the parties or with the explicit consent of the User.

If the data is required in order to access the services of MOVIIU, MOVIIU shall indicate that it is a compulsory requirement when it is collected.

Data is collected and processed according to EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 and any transposition regulations that apply at national level (hereinafter collectively referred to as the “*Regulations*”).
In certain situations, MOVIIU shall be considered responsible for processing, jointly responsible for processing or as a subcontractor.

The data recipients are the internal departments of MOVIIU, other companies within the same group, Representatives, its subcontractors and, in certain cases, its business partners. Data may also be disclosed if this is required by a law, regulation or by virtue of a decision of a competent public or judicial authority or if this becomes necessary, in order that MOVIIU may protect its rights and interests.

Data shall be saved for a period, which must not extend beyond the purposes, for which it has been collected.
According to the regulations, the Users, Principals and Recipients shall have:

  • * the right of access, rectification, deletion, limitation, portability and opposition with regard to Data, which they may exercise according to the regulations in relation to MOVIIU either via the website (or, for Recipients only, by e-mailing info@moviiu.com) ;
  • * the right to submit a complaint to the competent supervisory authority if it is considered that the rights have not be respected.

For security reasons and in order to prevent fraud, any request must mention the source of the collected data and must be accompanied by proof of identity.

Users, Principals and Recipients are likely to receive commercial offers from MOVIIU or its partners. If they do not wish to receive such offers, it is sufficient to click on the unsubscribe link included in the said communications or send an e-mail to info@moviiu.com.
All details concerning the management and confidentiality of data provided by MOVIIU can be consulted in the privacy policy of MOVIIU, which is available at https://moviiu.com/politique-de-confidentialite/ (http://www.moviiu.com/fr/donnees/).

*15 – WEBSITE CONTENT*

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used so that the website can function and, more generally, all content reproduced or used on the website is the full and whole property of MOVIIU or its partners.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of this content, including computer applications, without the prior written consent of MOVIIU, is strictly prohibited.

Any failure on the part of MOVIIU to adhere to procedures after becoming aware of these unauthorised uses shall not constitute acceptance of the said uses and waiver of legal proceedings.

*16 – CANCELLATION –* INVALIDITY

In the event of any of the provisions of these terms and conditions being declared invalid or deemed unwritten, all the other provisions shall continue to apply.

*17 –* COMPLAINTS

In the event of any disputes, MOVIIU shall be prepared to help the User or the Principal to arrive at an amicable solution.

*18 – ATTRIBUTIVE CLAUSE AND APPLICABLE LAW*

Any communications sent by MOVIIU to the Principal must be sent to the address provided by the Principal via the website.

In the event of a dispute or disagreement, the competent courts are those with jurisdiction over the registered office of MOVIIU or the normal civil courts of Geneva.
Any dispute arising from or in relation to the terms and conditions shall be settled according to SWISS law, whether the dispute is of a contractual nature, based on tort or another clause.

*The application of the United Nations Convention of 1980 on Contracts for the International Sale of Goods is expressly excluded.*

In the event of any discrepancy between the French version of the terms and conditions and a foreign language version, the French version shall prevail.