Terms and Conditions

1 Definitions

1.1 The ORAGE4U homepage is the web application that allows the user to register with ORAGE4U, to reserve a locker, to rent a locker or to issue a delivery order. The lockers are located with GPS by the smartphone of the customer and thus allows navigation to the lockers as well as a cashless payment.

1.2 The ORAGE4U homepage can be accessed at the URL http://www.orage4u.com, where the customer can learn more about ORAGE4U and through which ORAGE4U appears public.

1.3 ORAGEs are steel boxes with an intelligent interior which serve as a locker for a safe storage of goods.

1.4 With delivery service, ORAGE4U defines the in-house delivery service of the items (deposit) placed in an ORAGE by a customer to the requested address.

1.5 ORAGE operator due to these terms and conditions are referring to the owner and authorized person of ORAGEs which can be rented by customers.

1.6 As delivery vehicles ORAGE4U uses the vehicles, which are used for the transport of the deposit. For this delivery car sharing companies like DriveNow, Car2Go (applying the German law: §2 Abs 1 Z 1 Kraftfahrgesetz 1967) and the scooters of SCO2T will be implemented.

1.7 The deposit is referring to the items stored by customers in the ORAGEs.

1.8 Within the web application, the voucher allows the user to enter a promotion code to receive free minutes. Voucher term and conditions apply.

1.9 The company ORAGE4U GmbH is referred to in this document as ORAGE4U.

2 Inception and termination of the contract

2.1 A contract as defined by these general terms and conditions between ORAGE4U and the customer arises at the time when a customer register on the ORAGE4U homepage and validate these terms and conditions with it.

2.2 For the registration, the customer must provide at least the following information:

  • First and Last Name
  • Date of birth
  • Address (street, house number, stairs and door number, postcode and city)
  • E-mail address
  • Phone number
  • Selected password

2.3 The customer chooses a password during the registration, which must consist of at least eight characters, of at least one capital letter and one digit. He is obligated to keep this password secret, not to pass it on to third parties and to protect it from access by third parties.

2.4 The customer is obliged to update posted data accordingly if they change. Upon request by ORAGE4U he is obliged to change his password, which is a maximum of once per calendar quarter or in case of suspicion of unlawful access by third parties.

2.5 Potential customers have no title for registration and/or contract conclusion. ORAGE4U can refrain from signing a contract without stating reasons.

2.6 By registering the customer accepts the terms and conditions of ORAGE4U.

3 User Account

3.1 For each customer, ORAGE4U will set up an electronic user account for the automatic processing of the reservation and rental of ORAGEs by the customer. The payment for reservations, rentals and other services of ORAGE4U will be managed in the account.

3.2 The user account is visible in the ORAGE4U web application and used to record the conclusion and termination of the respective rental agreement as well as the origination and the due date of the rental claim or other services of ORAGE4U.

3.3 ORAGE4U is authorized to settle existing claims against the customer arising relating to the contract (in particular by renting and using the ORAGEs) via its user account or to demand outstanding claims.

3.4 The temporary blocking of the user account can be due to the following reasons:

3.4.1 ORAGE4U reserves the right to block the customer account if there is a delay in payment by leasing the ORAGEs.

3.4.2 In case of frequent complaints from shop operators due to repeated negative behavior of a customer (verbal abnormalities, contamination of the ORAGE, disturbance of the ongoing operation by the customer, etc.).

3.4.3 The user account of the registered customer is immediately blocked in case of damage or vandalism of the ORAGE.

4 Billing and rental terms

4.1 Billing is done online via the service provider https://stripe.com/de.

4.2 The customer has always the right, logged in his user account at https://www.orage4u.com, of a full overview of his activities (rental of ORAGEs and booked delivery services), as well as on the fees paid and to be paid.

4.3 The rental period is determined exclusively by the customer. After a rental period of 48 hours, the customer will be notified and an extension is granted to a maximum of one week (seven days).

5 Lien and Right of Retention

ORAGE4U has all rights to due and non-due claims which are created of a customer by using the services of ORAGE4U. This includes, but is not limited to a lien and a right of retention on the deposit or other assets which belong to the customer or ORAGE4U can expect or assume them as property of the customer. The lien and the right of retention exists as long as ORAGE4U holds the deposit. The acquisition of the statutory lien and right of retention remains unaffected. ORAGE4U may only practice the right of lien and retention for claims that are unrelated to the deposit unless they are in dispute. Any further statutory rights of lien and retention of ORAGE4U shall not be affected by these provisions. The relevant statutory provisions apply for the sale of the pledge. If the compulsory sale of the deposit is threatened, the customer will be given a period of one week to settle the matter.

6 Reservation

6.1 The customer can reserve an ORAGE in advance via the ORAGE4U web application. A free ORAGE has to be chosen at the right location in the ORAGE4U web application by the customer. This ORAGE will be displayed as occupied after the confirmation of the reservation for the duration of the reservation which will restrict the access for other customers.

6.2 A reservation for a maximum of 15 minutes before the rental of the relevant ORAGE is free of charge. For longer reservations or for the extension of the reservation, a fee of € 2.00 per 15 minutes will be charged. This cost also applies for an cancellation of the reservation from the customer’s account. If the customer does not rent the relevant ORAGE after the reservation has expired, there will be no refund of the reservation costs.

6.3 In case that in the past a late payment by the customer was often found, the customer cannot make further reservations.**

6.4 A customer can reserve multiple ORAGEs at the same time with a flat fee of € 5.00 for a maximum of 3 reserved ORAGEs per customer.

7 Services and Prices

7.1 At the request of the customer, ORAGE4U will deliver the deposit from the respective ORAGE to a predefined destination of the customer (e.g. residential address, etc.).

7.2 ORAGE4U usually supplies its own personnel and uses vehicles from various car sharing providers. If the delivery is made by a third party, the customer will be informed. The liability in this case passes to the respective supplier assigned by ORAGE4U.

7.3 ORAGE4U does not take over the storage and deliveries of:

  • Dangerous goods that are subject to the relevant provisions of transportation of dangerous goods in traffic.
  • Treasures, works of art, money and securities (checks, bills, savings accounts, shares and alike) as well as deliveries with a higher value than € 500.00
  • Weapons, drugs, explosives, ammunition and other illegal goods
  • Food or perishable goods (excluding food is the main business of the respective shop operator).
  • Living things
  • Highly flammable substances
  • Chemicals, radioactive substances
  • Toxic / hazardous waste
  • Odor or smoke secreting substances
  • Medical items (e.g. medicines) A violation of the prohibited content will be displayed, possibly transferred to the police and not delivered. The content will be disposed accordingly and charged to the customer. Any criminally used storages will be reported immediately and any costs incurred will be charged to the customer.

7.4 ORAGE4U is entitled to refuse deliveries without stating reasons.

7.5 Deliveries are only accepted with a minimum storage time of one hour and are delivered at the agreed time, at the earliest within a time window of two hours.

7.6 Delivery times are always dependent on traffic and other conditions (e.g. weather). Therefore, ORAGE4U takes no liability for any delays.

7.7 Deliveries are made exclusively within Vienna and are limited to a radius of ten kilometers around the ORAGEs.

8 Booking an ORAGE

8.1 An ORAGE is booked via https://www.orage4u.com/. Alternative addresses are not valid. It is required that the customer registers in advance and has a valid user account.

8.2 The ORAGE4U reserves the right to deactivate the customer at any time in case of negative abnormalities (e.g. payment delay). The customer will be informed by e-mail.

8.3 The ORAGEs can be opened with a code and lock themselves when used correctly. In case of default of payment, the ORAGE will not open until an ability to pay has been secured.

9 Execution of the Optional Delivery and Costs

9.1 The deposit must be available and a delivery order must be submitted at least two hours before the specified delivery time and cannot be changed any longer. Runtime information in our price lists are without guarantee. If the delivery cannot be delivered by the agreed date and time, the delivery date shifts to a new date which is agreed with the customer and invoiced. The storage of the missed delivery until the new delivery corresponds to the prices of the storage of the ORAGEs (Flexitarif).

9.2 Deliveries are always dependent on the opening hours of the respective ORAGE operator. Sixty minutes before closing time it is possible for the customer to submit the last delivery order. In the event that no delivery order is issued, there is an automatic offsetting of the overnight storage with the Flexitarif.

9.3 The tenant of the ORAGE is obliged to check the delivery before acceptance. Returns or complaints after successful delivery are not possible.

9.4 The transfer of the delivery is carried out according to the criteria of point 7.3. The ORAGE4U is not obliged to control the deposit. If a violation of the deposit is determined (according to 7.3), this will be reported in the log of the supplier.

9.5 The customer is solely responsible for the proper and transport-safe packaging of the delivery. The ORAGE4U or the third-party supplier has no obligation to verify or notify the packaging.

9.6 Deliveries can not be rejected by the customer. The ORAGE4U GmbH does not accept storage of the objects. If the customer was not at the delivery address, the customer will be contacted via the ORAGE4U web app. The phone number is only visible to the current supplier and can only be accessed in the protected login area. In case of a refusal of the delivery from the customer is ORAGE4U GmbH entitled to transfer the objects to a lost property office, point 5 applies.

9.7 The delivery fee will be deducted via the Online Clearing System Point 4.1. Payments are processed through the online billing system and appear for review in the respective user account.

9.8 The ORAGE4U does not wrap or secure any deposits and is not obliged to transport them in a protected packaging. The customer is responsible for the condition of the deposit itself. If possible, the items will be checked by the deliverer for proper condition before the delivery starts. In the case of a seemingly inappropriate condition of transport, a note will be left in the system.

9.9 If a damage of the delivery is determined or an condition of packaging is noted by the supplier, reimbursement of costs for the defective deposit is no longer possible.

10 Liability

10.1 ORAGE4U is liable to customers for damage to the deposit resulting from intent or gross negligence after placing the order. Liability for slight negligence is excluded.

10.2 The customer is liable regardless of fault, that all information, including the value given by the ORAGE4U on the commission is complete and correct. The customer is liable for the fact that the deposit is not a good excluded from the delivery and storage according to 7.3., that the deposit is properly packed and marked and that no statutory provisions are violated with the deposit. For any damages or disadvantages caused to the ORAGE4U as a result of incorrect or incomplete information or improper packaging, ORAGE4U may demand and sue for the settlement of the damage.

10.3 ORAGE4U assumes a liability of up to € 500.00 for the deposit in an ORAGE. Upon presentation of the correct invoice in question, the amount of a maximum of € 500.00 will be refunded.

11 Data Protection

11.1 ORAGE4U protects and respects personal information and customer safety.

11.2 To the extent permitted by law, ORAGE4U shall not be liable for damages resulting from the use of electronic transmission, in particular for damages due to errors or delays in the delivery of messages or manipulation by third parties, as well as faulty software or the transmission of viruses.

11.3 Customer agree to receive news from ORAGE4U about its products, current offers and other business related information through promotional e-mails, mailings and newsletters.

11.4 The customer may revoke his consent to receive emails from ORAGE4U that are not product specific at any time by notifying ORAGE4U at widerrufen@orage4u.com or by clicking on an unsubscribe link.

11.5 On the part of ORAGE4U - no sale, exchange or other unauthorized use of personal data and information of the customer takes place. ORAGE4U does not disclose personal data from customers to third parties unless the customer has given its consent or there is a legal obligation for ORAGE4U to disclose the data.

11.6 The customer has the right at any time to request information about the data stored on own personal data at ORAGE4U as well as any recipients of this data. This information is one time free of charge and is always issued by e-mail. The request for information must be accompanied by a copy of the passport or official photo ID with your own written request to auskunftsanforderung@orage4u.com.

11.7 The customer has the right within the scope of the legal requirements to demand at any time the correction or deletion of the personal data stored if no legal regulations contradict with it. For this purpose, an e-mail with the following information is required: name, date of birth, e-mail address of the customer, customer phone number and copy of the passport or official photo ID with own signature to {{< email “deletion” >}}.

11.8 The customer is aware that data protection in the case of data transmissions on the Internet is not yet comprehensively guaranteed according to the current state of art. E-mails do not represent secure communication, since the reading of content cannot be technically excluded. The customer is responsible for the security of the data transmitted by him to ORAGE4U.

12 Vouchers

12.1 Vouchers from raffles or lotteries, regardless of the provider as well as advertising, promotional or discount vouchers and / or advertising, promotional or discount codes from third parties cannot be combined with ORAGE4U promotion, discount or discount promotions.

12.2 Members who recommended new customer can get a bonus of up to a maximum of 20 free minutes usage, provided that the person recommended has registered and already used a storage of the ORAGE4U.

12.3 Vouchers can be redeemed in parts according to their value.

12.4 The validity of the vouchers is specified directly, free minutes are redeemable for up to one year.

12.5 The customer agrees to keep the coupon code secret and to use it only for personal use. ORAGE4U assumes no responsibility for the loss, theft or misuse or the delayed transmission (including technical difficulties) of the Coupon Code.

12.6 The voucher can only be used for the purchase of services from ORAGE4U.

13 Final Provisions

13.1 Should one or more clauses of these general terms and conditions be ineffective, this will not affect the validity of the remaining clauses and the corresponding provision of the general terms and conditions still apply possibly with modifications (shall be used mutatis mutandis). The other statutory provisions remain unaffected. The invalid or invalid provision shall be replaced by a valid provision which corresponds as far as possible to the purpose of the invalid provision. In the same way, this also applies to the closure of gaps, bearing in mind the rules which the parties would have taken if they had been aware of the invalidity and incompleteness of the provision.

13.2 The place of jurisdiction is Vienna.