1. Scope of validity
These General Terms and Conditions (GTC) regulate the relationship between the principal and the principal (hereinafter referred to as principal) and Vellocité sàrl (hereinafter referred to as carrier) with regard to the use of courier services in national (domestic) transport.
2. Order Processing
2.1. Allocation of orders
The order must be assigned to the carrier in writing or by electronic means or by telephone. The order must contain all the information necessary for regulatory implementation, such as instructions concerning regulated goods (e.g. hazardous materials) and those requiring special handling. The customer must indicate as such in his order, goods of high value or particularly fragile or sensitive goods that require special treatment.
2.2. Addressing and packaging
The sender is responsible for the correctness, completeness and legibility of the recipient’s details. The consignor is obliged to protect the goods transported with suitable packaging. For shipments that incur additional processing charges, the carrier may charge additional costs. If the presentation guidelines are not observed and if the consignment cannot be processed correctly as a result of these defects, liability is excluded.
2.3. Taking charge of the shipment
The shipment must be delivered to the carrier in a condition suitable for transportation. The transport of objects that do not correspond to the information provided when ordering may be refused. The resulting costs are then invoiced to the principal.
2.4. The following goods are excluded from transport:
- Goods whose value or reacquisition value exceeds CHF 20 000.00 per consignment
- Hazardous materials in accordance with ADR/RID rules in excess of the legally permitted quantity (LQ). For road transport, the reference is ADR/SDR standards and for transport on the Swiss rail network, RID.
- Goods the carriage of which is legally prohibited
- Goods that may cause injury to persons or damage to property
- Valuable documents such as shares (share certificates), bonds, letters from
vouchers, cheques (including Reka and WIR), bills of lading, etc.). - Bank notes, coins, value cards, savings booksJewellery and precious stones as well as precious metals
- Firearms, ammunition, explosives or military equipment
- Pornographic works or works with offensive content
- Live animals
2.5. Unplanned intermediate storage
If the goods transported are not received by the consignee at the place indicated, or if, in the course of the journey, the goods are delayed for a reason for which the carrier is not responsible, the carrier shall store the goods at the expense and risk of the principal. The carrier shall immediately inform the principal (in all cases) and the transport insurer (insofar as there is transport insurance) of such unplanned intermediate storage. The costs are to be borne by the principal as and when necessary.
2.6. Distribution
The goods shall be deemed to have been distributed from the moment when the carrier has delivered the consignment to the consignee against signature. Where delivery against signature is not possible or where the principal waives the right to do so, the consignment may be deposited at a place agreed with the principal or consignee. The principal shall recognise the delivery items entered electronically by the carrier as evidence of successful distribution. Proof of delivery may be required at the request of the customer. The resulting costs may be charged to the principal.
2.7. Shipment not distributed
If the recipient refuses to accept a consignment or if the consignment cannot be delivered for other reasons, it will be delivered at another time with the consent and at the expense of the principal, or will be returned to the sender.
3. Responsibility
3.1. Exclusion of liability
The following are excluded from liability:
- Damage due to defective or unsuitable packaging
- Damage to or shortages of goods whose perfect condition and completeness could not be checked when they were taken over
- Cases of force majeure
- Electrical or magnetic damage, erasure or other damage to magnetic plates, electronic or photographic media in any form
- Consignments which, at the request of the principal, have been deposited without signature
- Damage resulting from vibration, frost, heat, temperature variations, rain, snowfall and humidity of the air, insofar as the carrier can prove to have acted with all necessary care
- Damage resulting from delayed delivery of the consignment insofar as the cause of the delay is not within the carrier’s control. This concerns, for example, road closures or technical breakdowns on the rail network.
3.2. Limitation of liability
Liability for loss, damage or incorrect distribution of the shipment transported is limited to the actual value of the item, but in any event to a maximum of CHF 1 000 per shipment.
3.3. Transport insurance
The carrier shall only take out transport insurance at the express written request and at the expense of the principal. The maximum value that can be insured for each shipment is limited to CHF 20’000. The carrier’s function is limited to the acquisition of freight transport insurance.
3.4. Implementation of liability rights
By accepting the consignment without reservation, all claims against the carrier become null and void with the exception of cases of deception or intentional fraud or gross negligence. Remarks concerning damage or missing parts must be immediately entered on the delivery note in the presence of the courier. The carrier remains liable for damage to the consignment which cannot be identified from outside, provided that it has been notified in writing within 8 days of delivery.
3.5. Liability of the principal
The principal shall be liable for his own errors and omissions, in particular for all consequences arising from the following:
- For packaging that does not meet the agreed transport requirements
- For incorrect, inaccurate or missing information in the order, on the packaging, or on the goods themselves, in particular for goods which, in view of their
characteristics, are not accepted or only under special conditions, or for goods whose handling is subject to special directives. - For the absence or late provision of necessary documents.
4. Data protection
4.1. Use of data
The data necessary for the processing of the operations shall be used by the carrier and shall be recorded to the extent necessary. When entering and processing personal data, the carrier must comply with the provisions of the Postal Act. The carrier will record, process and secure this data with the utmost care and will ensure its confidentiality.
4.2. Collaboration with third parties
The carrier works with third parties and hosting partners to operate the platform with their hardware, software, network technologies, data logging and other technologies. In order to provide the services, it may be necessary to pass on information concerning shipments to third parties. These third parties may also be domiciled abroad.
4.3. Personal data
Personal data will not under any circumstances be sold, rented or exchanged with third parties insofar as this is not necessary for the provision of the services. Personal data are indications about the material or personal situation of a specific or determinable natural person. This concerns for example the name, telephone number, address. Disclosure remains reserved in the cases provided for by law.
5. Other provisions
5.1. Prices
Prices are aligned with currently valid tariffs and can be viewed on the carrier’s home page. As far as the calculation of the price on the homepage is concerned, it is a calculation made without any commitment. In all cases, surcharges in accordance with the rates or these GCC are not yet included in the amount indicated. Special rates are applicable for public holidays. Orders are contractual in nature and are subject to special cancellation conditions.
5.2. Cancellation
An order must be cancelled without delay. The resulting costs will be invoiced to the principal.
Standing orders which are subject to regularity and contractual arrangements may be terminated with one month’s notice for the end of the month, free of charge.
5.3. Methods of payment
Invoice orders are invoiced periodically, usually monthly. The invoice amount must be paid within 20 days of the invoice date.
A reminder fee is charged as soon as the second reminder is issued during the same year.
5.4. Prescription
Subject to mandatory legal provisions, all claims against the carrier are time-barred after a period of one year. The limitation period begins to run at the time of delivery of the goods transported, or at the time scheduled for delivery in the event of disappearance, loss or delay concerning the shipment.
6. Jurisdiction and applicable law
For a judgment concerning all litigious rights between the parties to the contract, Lausanne is the exclusive legal venue. Swiss law is exclusively applicable to the exclusion of conflict law.
7. Amendments to the GTCs
The carrier reserves the right to change the general terms and conditions at any time. The new version will be published in due time on the vélocité sàrl homepage, in any case before its entry into force.
February 2018