TERMS & CONDITIONS

1. Parties to the Contract

This contract is concluded between LifeCapsule, Gartenstrasse 10, 5303 Würenlingen, Switzerland, hereinafter referred to as the “Provider”, and the ordering party, hereinafter referred to as the “Customer”. By placing an order, the Customer confirms that they are at least 18 years of age and have full legal capacity, or are acting with the consent of a legal representative.

2. Subject Matter of the Contract and Entry into Force

LifeCapsule offers a time capsule service. The Customer may transmit personal letters, photos, documents, memorabilia, or suitable small objects to LifeCapsule to be kept securely and delivered to a specific recipient at a later date chosen by the Customer. During the ordering process, the Customer specifies, in particular, their own data, the recipient’s data, the desired delivery date, the type of packaging, and a general description of the content. The Customer then completes the payment and sends the physical shipment to the Provider by post or, by prior arrangement, by other means. The contract enters into full force only when payment has been received by the Provider and the shipment has arrived at the Provider’s premises. The Provider’s contractual obligation of safekeeping begins only from this point in time.

3. Services of the Provider

The Provider undertakes to register the shipment upon receipt, document it appropriately, and store it under suitable conditions. The services include, in particular: a. Receipt of the shipment b. Registration of customer data, recipient data, and the delivery date c. General documentation of the shipment d. Secure and careful safekeeping within the scope of operational capabilities e. Scheduled one-time delivery at the agreed time f. Confidential treatment of customer and recipient data The Provider owes a diligent execution of the service, but does not guarantee a successful outcome that is prevented by circumstances beyond its control.

4. Obligations of the Customer

The Customer undertakes to provide all required information completely, correctly, and up to date. This includes, in particular: a. First name and surname of the Customer b. Address, email address, and, if applicable, telephone number of the Customer c. First name and surname of the recipient d. Complete recipient address e. Email address or telephone number of the recipient, if available f. Desired delivery date g. General description of the content The Customer is obliged to notify changes to their own data or the recipient’s data in writing in a timely manner. If no timely notification is made, the Customer bears the risk of a failed delivery. The Customer is also obliged to confirm the validity of their contact details as well as the recipient’s data in writing to the Provider upon request at least once every five years. The Provider will contact the Customer in good time by email for this purpose in accordance with Section 19. If the Customer does not respond within a reasonable period, this shall not be deemed a breach of contract, but it does not release the Provider from its duty of care during subsequent delivery in accordance with Section 12.

5. Data Protection and Confidentiality

The Provider treats all customer, recipient, and shipment data confidentially. The data is processed exclusively to the extent necessary for ordering, payment, documentation, safekeeping, communication, and subsequent delivery. The provisions of the Swiss Federal Act on Data Protection (FADP/DSG), as amended from time to time, shall apply. Insofar as customers originate from the territorial scope of the European Union General Data Protection Regulation (GDPR), the Provider additionally complies with the relevant provisions of the GDPR. Personal data will not be passed on to third parties without a legal reason or without necessity. However, a transfer may be necessary if it is required for the fulfillment of the contract, in particular to payment service providers, shipping service providers, IT service providers, or legally obligated bodies. The Provider takes appropriate organizational and technical measures to protect customer data from unauthorized access, loss, or misuse. Within the framework of the applicable data protection regulations, the Customer has the right to access, rectification, or erasure of their data, provided that no statutory or contractual retention obligations conflict therewith.

6. Permissible Content

Permissible contents include, in particular, personal letters, photos, cards, small memorabilia, small gifts, light textiles, personal documents, symbolic objects, and comparable items, provided they can be safely stored and lawfully shipped. The Customer remains solely responsible for ensuring that the content is legally permissible and does not violate any third-party rights.

7. Prohibited Content

The Customer undertakes not to send any objects that are prohibited by law, dangerous, perishable, or unsuitable for long-term storage. Prohibited items include, in particular: a. Food or perishable goods b. Liquids c. Flammable, explosive, toxic, or dangerous substances d. Weapons, ammunition, or weapon-like objects e. Illegal or criminal content f. Live animals, plants, or biological materials g. Items whose storage or shipping requires special legal permits h. Content that violates the rights of third parties or public order The Provider is entitled to reject or return unsuitable or impermissible shipments, or to report them to the competent authorities if legally required.

8. Packaging, Weight, and Condition of the Shipment

The Customer selects the appropriate packaging type when placing the order. The shipment must not exceed the specified dimensions and weight limits. The Customer is responsible for packaging the shipment in such a way that it arrives safely at the Provider’s premises by post. Damage, loss, or delays on the way from the Customer to the Provider are not the responsibility of the Provider. If the shipment exceeds the agreed size or weight, the Provider may charge additional costs or refuse acceptance.

9. Prices and Payment

The total price is based on the selected storage duration, packaging type, and any additional services. The binding total price is displayed to the Customer before completing the order. Unless expressly stated otherwise, all prices quoted include statutory Swiss Value Added Tax (VAT). Payment is made via the payment methods offered on the website. The Provider may, in particular, offer card payment and bank transfer via IBAN. Card data is not permanently stored by the Provider. The processing of the order begins only after full payment has been received. Processing fees pursuant to Sections 13 and 14 are based on the Provider’s current price list published on the website.

10. Safekeeping of the Shipment

The Provider stores the shipment carefully and under appropriate conditions for the agreed duration. Safekeeping takes place within the scope of operational capabilities with suitable protective measures against common external influences. An absolute guarantee against all conceivable risks—in particular force majeure, natural disasters, fire, water damage, burglary, theft despite appropriate security measures, or official interventions—is excluded to the extent permitted by law.

11. Documentation of the Shipment

Upon receipt of the shipment, the Provider documents its arrival. The documentation may include, in particular, the following information: a. Date of receipt b. Customer data c. Recipient data d. Delivery date e. Packaging type f. General description of the content g. Payment status The Provider will send the Customer a confirmation of this documentation by email after the shipment has been received. The Provider is not obliged to inspect the content of each shipment in detail. The Customer remains responsible for the legality of the content.

12. Future Delivery

The Provider shall deliver the shipment at the agreed time to the recipient address specified by the Customer or shall commission a suitable shipping service provider with the delivery. The Provider is only obliged to make a single delivery attempt. If the recipient cannot be reached at the address specified by the Customer, no longer lives there, or if the address is incorrect or incomplete, the delivery shall be deemed to have failed. If the recipient is proven to have deceased at the time of delivery, the Customer may specify an alternative recipient and alternative delivery instructions when placing the order or as part of a data change pursuant to Section 13. If no such information is provided or if the alternative delivery is also not possible, the shipment will, if possible, be returned to the Customer. If the Customer is also unreachable or deceased, the shipment will be kept for a reasonable period of at least twelve months and thereafter, at the sole discretion of the Provider and within the scope of statutory provisions, liquidated, destroyed, or donated. In this case, the Provider will contact the Customer if possible. A second delivery, return, or forwarding will only take place after consultation and subject to the Customer bearing the additional postage, shipping, and processing costs.

13. Modification of Data or Delivery Date

The Customer may request changes to their own data, the recipient’s data, or the delivery date in writing. The Provider will make reasonable efforts to accommodate such changes. However, changes received shortly before the delivery date may not be implemented in time. For subsequent changes, the Provider may charge a reasonable processing fee in accordance with the current price list, particularly if this results in administrative effort or additional shipping costs.

14. Cancellation, Return, and Refund

After the contract has entered into force, there is generally no entitlement to a refund of the amount paid. This applies in particular because the service involves long-term organization, registration, management, and safekeeping. The Customer may request an early return of the shipment. The Provider will examine the request and organize the return if possible. The costs of the return shipment as well as a reasonable processing fee shall be borne by the Customer. If a cancellation or return occurs less than twelve months before the agreed delivery date, the Provider may additionally charge a reasonable processing and organization fee. Costs already incurred for payment, registration, management, safekeeping, packaging, or shipping will not be refunded.

15. Liability of the Provider

The Provider is liable for damages caused by unlawful intent or gross negligence in accordance with statutory provisions. Liability for unlawful intent or gross negligence cannot be fully excluded in advance under Swiss law. To the extent permitted by law, the Provider’s liability for slight negligence, indirect damages, consequential damages, loss of profit, immaterial damages, or emotional damages is excluded. In the event of a verifiable loss or a verifiably culpable failure to deliver that clearly falls within the Provider’s area of responsibility, compensation is, to the extent permitted by law, limited to the amount paid by the Customer, unless supplementary value insurance has been agreed in accordance with Section 16.

16. No Liability for Special Values; Voluntary Insurance

The service is not designed as a safe, bank, notary, or inheritance service. The Provider assumes no special liability for the material, ideal, legal, or emotional value of individual items. The Customer bears the responsibility not to send any content whose loss could cause a particularly high financial, legal, or personal damage, unless this was expressly agreed in writing with the Provider beforehand. The Provider may offer a voluntary declaration of value and supplementary insurance coverage for individual items for an additional fee. Without such an express written agreement, only the limitation of liability pursuant to Section 15 shall apply.

17. Corporate Succession, Cessation of Business, and Insolvency

Since the service is designed for long-term, sometimes multi-year delivery, the Provider takes appropriate precautions for the event of corporate succession, business transfer, or cessation of business. The Provider is entitled to transfer the execution of the contract to a suitable legal successor or partner within the framework of a corporate succession, partnership, succession arrangement, or organizational restructuring. Such a transfer may only take place if the purpose of the contract, the confidentiality of the data, and the secure safekeeping of the shipments remain adequately preserved. The Customer will be informed of such a transfer. In the event of imminent or actual insolvency, dissolution, or liquidation of the Provider, the Provider will use its best efforts to transfer the ongoing safekeeping obligations in good time to a suitable successor company or a comparable institution, or to return the affected shipments to the respective customers. The Customer shall have no claim to a mandatory continuation of the service by third parties or to financial compensation exceeding Section 15.

18. Force Majeure

The Provider is not liable for delays or non-performance caused by events beyond its control. These include, in particular, natural disasters, war, terrorism, pandemics, official measures, failure of shipping service providers, power outages, fire, flooding, burglary despite appropriate security measures, or other unforeseeable events.

19. Communication

Communication between the Provider and the Customer shall generally take place via email. The Customer is obliged to provide a current and functioning email address and to attend to important notices from the Provider. Notices shall be deemed delivered when sent to the email address last provided by the Customer.

20. Applicable Law and Jurisdiction

This contract shall be governed exclusively by Swiss law. To the extent permitted by law, the place of jurisdiction shall be the registered office of the Provider. Mandatory statutory jurisdictions remain reserved. In the case of contracts with consumers, mandatory jurisdictional provisions at the Customer’s domicile, in particular within the scope of application of the Lugano Convention, remain expressly reserved.

21. Severability Clause

Should individual provisions of this contract be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid regulation that comes as close as possible to the economic purpose of the original provision.

22. Copy of the Contract

Following the conclusion of the contract, the Provider shall send the Customer a copy of the accepted contract terms and a confirmation of the order data via email. The Customer is responsible for storing this copy securely and throughout the entire duration of the contract.

23. Acceptance of the Contract Terms

By completing the order, the Customer confirms that they have read, understood, and accepted these contract terms.

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