Terms and Conditions – cahuu GmbH
Version: 26 January 2025
1 Scope
1.1 cahuu Gmbh, Max-Högger-Strasse 6, 8048 Zürich (“cahuu“) operates an online platform accessible under https://cahuu.ch for the efficient connection of transport and disposal service providers and their customers (“Platform“).
1.2 The Platform connects carriers (“Carriers“) to customers (“Customers“) and acts as an intermediary for the services provided by the Carriers to the Customers (“Services“). Carriers and Customers are collectively referred to as the users of the Platform (“Users“).
1.3 These terms and conditions (“Terms“) apply to the use of the Platform by the Users and to the provision of the Services. By registering for or logging in to the Platform, Users confirm that they have read, understood and accepted these Terms.
1.4 cahuu may enter separate agreements with the Users which may supersede the application of the Terms.
2 Services
2.1 The provision of Services starts from the Customer’s order on the Platform (the “Order“) and ends with the successful delivery of the goods to be carried by the Carrier (the “Goods“) to the destination of the goods (the “Point of Delivery“). Each performed delivery Service is a “Carriage“.
2.2 For each Carriage, the Customer and the Carrier agree on the place and time for the pickup of the Goods through the Platform (the “Pickup“). The Customer is solely responsible to ensure that the Goods are available at the agreed Pickup.
2.3 For each Carriage, the Customer is solely responsible to provide a satisfactory packaging for the Goods within the meaning of art. 442 of the Swiss Code of Obligations.
2.4 When failing to comply with section 2.2 and 2.3 of these Terms, the Customer forfeits the right to have the Goods delivered by the Carrier. Section 6.5 below is applicable.
2.5 If the delivery of the Goods agreed by the Users is not possible for other reasons than for the Carrier’s fault or negligence, the Carrier shall deposit the Goods at the Customer’s cost until the nearest possible delivery. Any communication with regards to such failed delivery shall occur through the Platform.
2.6 Upon successful delivery, the Customer shall be informed by the Carrier via the Platform.
3 Placement of Orders
3.1 Customer can place an Order for a Carriage with a Carrier by clicking on the “Place a binding order”-button. Customer may cancel or amend the Order freely until the acceptance of the Order by Carrier (the “Order Confirmation“).
3.2 Once Carrier sends the Order Confirmation via the Platform, both Parties are bound by the Order.
3.3 In case Customer wants to cancel or significantly amend a placed Order after the Order Confirmation, the following cancellation fees apply:
· Until 24 hours before Pickup: 15 % of the Carriage Fee according to section 6.1
· Between 2 and 24 hours before Pickup: 50 % of the Carriage Fee
· Less than 2 hours before Pickup: 100 % of the Carriage Fee
3.4 In case Carrier wants to cancel a placed Order before the Order Confirmation, the following cancellation fees apply:
· Until 24 hours before Pickup: 25 % of the Carriage Fee
· Between 2 and 24 hours before Pickup: 50 % of the Carriage Fee
· Less than 2 hours before Pickup: 100 % of the Carriage Fee
4 Pickup & Carriage
4.1 After the Pickup of the Goods by Carrier, Customer and Carrier need to confirm the Pickup via the Platform. After the Pickup confirmation by Carrier, an amendment of the Order is not possible anymore.
4.2 Carrier confirms the delivery of the Goods to the Point of Delivery according to the instructions by cahuu.
5 Membership
5.1 cahuu may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of the Services. Some membership plans may have differing conditions and limitations, which will be disclosed at the Users’ registration or in other communications made available to the Users.
5.2 cahuu may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Services. cahuu is not responsible for the products and services provided by such third parties. cahuu reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
6 Fees
6.1 The fees displayed on the Platform shall serve as an information purpose only. The Users are free to agree on the exact fee for each Carriage via the Platform. If no fee is agreed between the Users, the fee displayed on the Platform shall apply to the given Carriage. The final agreed fee shall be referred to as the “Carriage Fee“.
6.2 By clicking on the “Place a binding order” button on the Platform, Customer makes a binding offer to purchase the Carriage for the Carriage Fee. cahuu then sends Customer an automatic confirmation of receipt via email, in which Customer’s Order is listed again.
6.3 The Carriage Fee will be deducted from the Customer’s selected payment solution upon Order of a Carriage. Payment details will be displayed to the Customers on the Platform.
6.4 The Carriage Fee includes cahuu’s commission (“Platform Fee“), the remuneration of the Carrier, applicable value added taxes, and mandatory charges, unless explicitly stated otherwise.
6.5 The Carriage Fee is final and non-refundable, unless cahuu determines otherwise in written. Section 7 below is reserved.
6.6 Carrier will be forwarded the remuneration within reasonable time as agreed on the Platform once cahuu received all confirmations according to section 4 to cahuu’s satisfaction.
7 Refund
7.1 If the Carrier of a respective Carriage does not present himself/herself at the Pickup-Point at the agreed Pickup time and an additional 60 minutes after, the Customer can request a refund from cahuu. The refunded amount is determined at cahuu’s sole discretion and does not exceed the Carriage Fee. Carrier warrants that Carrier holds cahuu harmless for the reimbursed amount and agrees to pay such amount to cahuu at first request.
7.2 If the Carriage is not delivered to the Points of Delivery, for any other reasons than for the Customer’s fault as per section 2.2 or for force majeure, the Carrier shall reimburse the full Carriage Fee to the Customer.
7.3 The Platform Fee for the respective Carriage shall remain in its entirety with cahuu in any case.
8 RATING
8.1 Carriers and Customers may rate each other after a Carriage. cahuu encourages Users to be open, honest and authentic in their ratings. However, cahuu reserves the right to screen and remove ratings that violate these Terms.
8.2 Ratings submitted by Carriers and Customers via the Platform may not, among others:
· contain material that is defamatory, obscene or offensive;
· promote violence or discrimination;
· violate the intellectual property rights of another natural or legal person;
· promote illegal activities.
8.3 cahuu welcomes feedback and appreciates Users’ help in identifying inappropriate or abusive ratings. If you believe that a rating violates cahuu’s Terms, please let us know.
9 Complaints
9.1 Notwithstanding any legal remedies against the Carrier, the Customer shall, in case of a complaint about a Carriage, address his/her complaints to the cahuu customer service before considering other measures. cahuu will endeavor to examine the facts and find a fair solution.
9.2 In the event that the measures taken by cahuu are not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute with the Carrier under applicable law. The Services are subject to the Swiss Code of Obligations and other legal regulations concerning the transportation of goods and the provisions contained herein regarding defects and delays.
9.3 In the event of a complaint, the Customer shall contact Carrier via the complaint link on the Platform and provide the requested information and information about the Carriage and the reason for his/her dissatisfaction. After receiving the complaint, cahuu will process it in cooperation with the Carrier if necessary and will endeavor to respond to Customer within 10 working days.
10 Warranty
10.1 The Platform is provided by cahuu on an “as is ” and “as available ” basis and cahuu does not assume any warranty for the availability of the Platform.
10.2 This Platform may contain third party content or links to third party websites. cahuu does not assume any responsibility for and do not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness.
11 Liability
11.1 The liability of cahuu is excluded to the extent permitted by applicable law, with the exception of injury to life or health and liability for damages caused willfully or with gross negligence. This limitation shall also apply for the benefit of cahuu’s legal representatives and vicarious agents if claims are asserted directly against them.
11.2 The Carriers shall be solely responsible for complying with applicable legal requirements with regards to the deposit of waste. The Carriers are notably responsible to comply with the provision of the Environmental Protection Act and of the Waste Ordinance. Neither cahuu, nor the Customers, shall be liable for any illegal deposit of waste by the Carriers.
12 Amendment of the Terms
12.1 cahuu reserves the right to amend these Terms at any time and Users of this Platform are expected to review such Terms on a regular basis.
12.2 The amendments shall enter into force with immediate effect and apply to all Carriage agreed between Users after the notification of the amendment.
13 Term, Termination
13.1 The contractual relationship can be terminated immediately by the Users at any time by closing their respective account and by not using Platform anymore. cahuu may terminate its relationship with a given User immediately and at any time by notifying the respective User by any means, including through the Platform.
13.2 During the term and for a period of six months after termination for any reason, the terminated User will not induce or attempt to induce any Carrier or Customer that the terminated User has been doing business with on the Platform to cease using the Platform, or in any way interfere with the relationship between any such Carrier or Customer and cahuu.
14 Data Privacy
14.1 cahuu collects, processes, and uses personal data in accordance with the applicable data protection laws at the places where the Platform is offered. Without the Users’ consent, cahuu shall only collect, process or use data if this is necessary for the establishment, the implementation or the termination of the contractual relationship and for the purpose of recourse and settlement.
14.2 cahuu shall furthermore use the Users’ data in accordance with its Privacy Policy. The current version of cahuu’s Privacy Policy can be accessed here.
15 Miscellaneous
15.1 In the event that any individual provisions contained in these Terms shall be deemed invalid or unenforceable or incomplete, this shall have no bearing upon the validity of the remaining provisions of these Terms.
15.2 The Users shall neither assign its rights nor delegate its duties under these Terms without the prior written consent of cahuu. Any attempted assignment or transfer that is not permitted is void ab initio.
16 Applicable law, jurisdiction
16.1 The pre-contractual relationships between cahuu and the Users, the use of the Platform by the Users, these Terms and the Privacy Policy of cahuu are governed by the law of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods (CSIG) is excluded. The language of negotiation and of the contract is English.
16.2 It shall be deemed agreed that all legal disputes arising from or in connection with the use of the Platform shall be settled before a competent court of law in Zurich, Switzerland.