Special Notice
Particular attention is drawn to the following provisions, as they deviate substantially from non-mandatory law or are of particular importance for the contractual relationship:
- Clause 4.5: Limited exclusion of set-off in consumer transactions;
- Clause 5.3: Reimbursement of expenses pursuant to Art. 475 para. 2 CO in the event of early termination of the contract within the minimum term;
- Clause 10.2: Limitation of gunBOX's liability to the agreed insured value;
- Clause 10.6: No responsibility for the technical condition, function and maintenance of the firearms;
- Clause 11.2: Realisation and transfer right of gunBOX over stored firearms upon termination of the contract;
- Clause 14.2: Deemed approval in the event of no response to GTC amendments, with a special rule for material amendments.
By confirming these GTC, the customer declares that he has taken note of these clauses and expressly accepts them.
Preamble
gunBOX GmbH, Arnold Baumgartner-Str. 9, 2540 Grenchen (UID CHE-278.461.948), hereinafter referred to as «gunBOX», offers the professional and secure storage of handguns and long guns as well as related services. These General Terms and Conditions (GTC) govern the contractual relationship between gunBOX and its customers (hereinafter referred to as «customer»).
Subject and Type of Contract
1.1 gunBOX accepts firearms from the customer within the meaning of the Federal Act on Weapons, Weapon Accessories and Ammunition (Weapons Act, WA; SR 514.54) for secure storage on gunBOX's premises against payment of the agreed fees.
1.2 This contract is to be qualified as a deposit contract within the meaning of Art. 472 et seq. of the Code of Obligations (CO). gunBOX undertakes to store the firearms entrusted to it carefully and in accordance with the recognised rules of secure firearm storage.
1.3 gunBOX acts as a weapons dealer within the meaning of Art. 17 WA and submits the statutory notification of the transfer and storage of firearms to the competent cantonal reporting office within the statutory period of 30 days following conclusion of the contract (Art. 9c, Art. 11 para. 3 and Art. 17 para. 7 WA).
1.4 The subject of storage is, in principle, handguns and long guns.
1.5 gunBOX's business premises do not serve as generally accessible storage or recreational rooms. The customer has no direct self-access to the storage boxes; the handover and release of the firearms is carried out exclusively by gunBOX staff in accordance with Sections 6 and 8.
1.6 These GTC in their respective current version apply, as well as any individual supplementary agreements between the parties.
Conclusion of Contract, Identification and Eligibility
2.1 The contract is concluded by the mutual signing of the storage contract or the deposit receipt on gunBOX's business premises, as well as by the customer's express confirmation of these GTC.
2.2 The customer must be of legal age (at least 18 years old) and entitled to exercise the contractual rights and obligations. He must identify himself personally upon conclusion of the contract by means of an official identity document (passport, identity card or foreign national identity card).
2.3 For firearms that may be acquired without a weapons acquisition permit (Art. 10 WA), as well as for firearms acquired by inheritance (Art. 8 para. 2bis WA), the relevant special provisions of the Weapons Act apply; in such cases gunBOX requires suitable evidence (in particular a written contract pursuant to Art. 11 WA, certificate of inheritance, executor's confirmation). gunBOX reserves the right, in justified cases of doubt, to require a private extract from the VOSTRA criminal records information system (Art. 18 para. 3 WO).
2.4 Upon deposit of a firearm, a copy of the customer's passport or identity card is made in accordance with Art. 18 para. 3bis WO and kept in the customer file.
2.5 The conclusion of a contract is excluded with persons who are not permitted under weapons law to acquire, possess or shoot firearms in Switzerland, in particular with nationals of the states named in Art. 12 of the Weapons Ordinance (WO; SR 514.541), unless they can present a corresponding exceptional authorisation.
2.6 gunBOX reserves the right to refuse the conclusion of the contract without giving reasons, in particular in the event of doubts as to the identity, legal age or eligibility of the customer.
Initial Registration, Box and Storage Fees
3.1 Upon initial conclusion of a contract, a one-time initial registration fee is charged. This covers in particular the recording of customer data, the verification of identity and eligibility, as well as the administrative set-up of the customer file. The initial registration fee is non-refundable.
3.2 Each firearm to be stored must be kept in a suitable storage box or a suitable storage bag. The customer may provide his own suitable box or bag or acquire one from gunBOX; acquisition from gunBOX is not mandatory. A box or bag acquired from gunBOX passes into the customer's ownership upon payment. The box or bag remains with gunBOX for the duration of storage.
3.3 The amount of the monthly storage fee depends on the size and type of the stored firearm as well as the size of the box. For special sizes or particular storage requirements, an individual agreement may be reached.
3.4 All prices are in Swiss francs (CHF) and include the applicable value added tax.
3.5 gunBOX reserves the right to adjust prices. Price changes are communicated to the customer in writing or by e-mail at least 30 days before they take effect. If the customer does not agree with the price adjustment, he may terminate the contract subject to the ordinary notice period (Section 5).
Payment Terms
4.1 The storage fee is invoiced in advance for the current contract period. The basis is monthly payment; a discount is granted for quarterly or annual advance payment. The chosen method of payment also determines the contract period and its automatic renewal (Section 5).
4.2 The payment period is 30 days net from the invoice date, unless otherwise agreed. Payments may be made by bank transfer or common debit and credit cards. Cash payments are possible on site up to an amount of CHF 15'000 per transaction; amounts above this are to be settled exclusively by bank transfer or card. gunBOX reserves the right to adjust or restrict individual payment methods.
4.3 In the event of late payment, the customer falls into default upon expiry of the payment period without further reminder. gunBOX is entitled to charge default interest of 5 % p.a. from the onset of default.
4.4 In the event of payment default of more than 30 days, gunBOX is entitled to refuse the release of the stored firearm(s) until all outstanding claims have been settled in full (right of retention). The depositor's right to reclaim at any time pursuant to Art. 475 CO remains reserved; in this case gunBOX is entitled to reimbursement of expenses pursuant to Clause 5.3.
4.5 Vis-à-vis companies, set-off against counterclaims of the customer is excluded, except for counterclaims acknowledged in writing by gunBOX or established by a final and binding court decision. This exclusion does not apply vis-à-vis consumers; their set-off rights pursuant to Art. 120 et seq. CO remain unaffected.
Contract Duration and Termination
5.1 The contract is concluded for an indefinite period. The contract period corresponds to the method of payment chosen by the customer (Section 4) and amounts to one (1) month for monthly payment, three (3) months for quarterly payment and twelve (12) months for annual payment. The first contract period from the date of deposit is deemed the minimum term.
5.2 The respective contract period is firmly agreed and cannot be terminated early by ordinary notice. The contract is automatically renewed for a further period of the same length after the current contract period expires. This renewal can be prevented if a party declares in writing or by e-mail, at the latest 30 days before the current contract period expires, that it does not wish to renew the contract; in this case, the contract ends at the end of the current contract period.
5.3 The customer's right to reclaim at any time pursuant to Art. 475 para. 1 CO remains reserved. If the firearm is reclaimed before expiry of the first contract period (minimum term) or the contract is terminated early, the customer owes gunBOX the actual expenses incurred in reliance on the agreed minimum term (in particular staff, insurance and administrative expenses). These expenses are quantified at a flat rate as the storage fee up to the expiry of the first contract period, unless the customer proves lower actual expenses. Payments already made are not refunded to the extent of this reimbursement of expenses.
5.4 gunBOX is entitled to terminate the contract at any time without notice for good cause. Good cause is deemed to exist in particular in the case of:
a) payment default of more than 60 days despite a reminder;
b) false or incomplete information provided by the customer upon conclusion of the contract;
c) serious breach of contractual obligations or statutory provisions.
5.5 Upon termination of the contract, the customer is obliged to collect the stored firearms within 30 days. The storage fee continues to be owed for the period beyond the termination of the contract.
Deposit and Storage
6.1 The firearms are, in principle, deposited by the customer personally on gunBOX's business premises. On request and against separate remuneration, gunBOX can collect the firearms from the customer.
6.2 Upon deposit, each firearm is recorded individually (manufacturer, model, calibre, serial number, condition) and documented in a deposit receipt. The customer confirms the accuracy of the record with his signature.
6.3 The firearms are stored in a certified firearms steel cabinet or a burglar-resistant facility that meets the requirements for careful storage pursuant to Art. 26 WA and Art. 47 of the Weapons Ordinance (WO; SR 514.541).
6.4 The storage rooms are alarm-secured and under video surveillance. The customer expressly consents to video surveillance in the delivery and release area.
6.5 Ammunition and ammunition components are not accepted and are excluded from storage. If such items are nevertheless deposited, gunBOX is entitled to refuse them at the customer's expense or, where applicable, to report them to the competent authorities.
6.6 The customer represents that the stored firearms are neither stolen nor of criminal origin and do not violate any weapons law provisions.
Insurance
7.1 During the storage period at gunBOX, the stored firearms are insured against natural damage, water, fire and theft. The standard insurance cover comprises the current value of the firearm and is included.
7.2 At the customer's request, the insurance can be extended to the replacement-new value or the reacquisition value against a surcharge. The corresponding surcharge depends on the terms of the insurance taken out by gunBOX and is communicated to the customer before conclusion of the contract. If the actual value of a firearm exceeds the insured amount, the customer must report this in writing before storage and agree on corresponding additional insurance. Otherwise, gunBOX's liability is limited to the insured amount.
7.3 In the event of a claim, gunBOX is obliged to inform the customer in writing without delay and to cooperate in determining the damage.
7.4 The respective general insurance conditions of the insurance taken out by gunBOX are decisive. These can be inspected at gunBOX's registered office.
Release of the Firearms
8.1 The release of a stored firearm takes place upon prior registration by the customer and during gunBOX's ordinary business hours. Registration must generally be made at least ten (10) working days in advance. Against a surcharge, the notice period can be shortened to 48 hours; against a higher surcharge (express fee), release within 24 hours is possible, provided operational processes permit. The right to reclaim at any time pursuant to Art. 475 CO remains reserved; in such a case, gunBOX is entitled to charge the express surcharges.
8.2 The release is made to the customer registered in the contract personally, against presentation of an official identity document. Release to the heirs in accordance with Section 16 and delivery to the customer in accordance with Clause 8.5 remain reserved.
8.3 Upon release, gunBOX may verify the weapons law eligibility of the person collecting the firearm in accordance with the statutory provisions and official requirements, in particular by inspecting the weapons acquisition permit or another suitable authorisation. If the required eligibility is not present or there are justified doubts as to its validity, gunBOX is entitled and, where applicable, obliged to refuse the release and to inform the competent authorities.
8.4 The release is documented in a release receipt, which is to be signed by the person collecting the firearm. By signing, that person confirms receipt of the firearm in perfect condition.
8.5 On request and against separate remuneration, gunBOX can deliver the firearm to the customer. In this case too, the customer's weapons law eligibility is to be verified before handover.
Customer's Obligations
9.1 The customer undertakes in particular:
a) to provide all information to gunBOX truthfully and completely;
b) to notify any change of address, telephone number, e-mail address or weapons law eligibility immediately in writing;
c) to pay the fees owed on time;
d) not to store any ammunition or ammunition components;
e) to inform gunBOX of any defects or particularities of the stored firearms (e.g. defects, loaded condition upon delivery).
9.2 As long as the customer does not notify a change of address or contact details, any communication from gunBOX to the last known address is deemed to have been validly delivered.
Liability
10.1 gunBOX is liable within the scope of its duty of care as custodian pursuant to Art. 472 et seq. CO. It undertakes to store the firearms entrusted to it with the care of a professional custodian.
10.2 gunBOX's liability is – to the extent legally permissible – limited to the insured value of the firearm concerned as stated in the contract or in a supplementary agreement. gunBOX is not liable for indirect damage, lost profit, sentimental value (e.g. collector's or amateur's value above the stated insured value) or consequential damage.
10.3 The limitation of liability does not apply to damage caused by gross negligence or wilful conduct of gunBOX or its auxiliary persons (Art. 100 para. 1 CO), nor to personal injury.
10.4 gunBOX is not liable for damage caused by force majeure (e.g. earthquake, war, official orders) or by incorrect, incomplete or late information provided by the customer.
10.5 The customer is liable to gunBOX for all damage arising from a breach of his contractual or statutory obligations, in particular in the event of storage of prohibited or dangerous items.
10.6 gunBOX assumes no liability for the technical condition and functionality of the stored firearms. gunBOX does not carry out any functional check and does not perform any technical inspection or maintenance. The firearm is stored and released in the condition in which it was deposited by the customer.
Right of Retention and Realisation
11.1 gunBOX has a right of retention over the stored firearms pursuant to Art. 895 et seq. CC to secure all claims arising from the storage relationship (in particular storage fees, reminder, collection and realisation costs).
11.2 If, after termination of the contract or after extraordinary termination, the customer fails to collect the stored firearms despite two written requests each with a period of 30 days, gunBOX is entitled – to the extent legally permissible – to realise the firearms in compliance with weapons law provisions according to the rules on the realisation of pledges (Art. 898 CC in conjunction with Art. 151 et seq. DEBA). Instead of such realisation, gunBOX is entitled, at its dutiful discretion, to hand over the firearms to the competent cantonal weapons authority for further use pursuant to Art. 31 WA; this option is regularly preferred in the case of weapons-law-sensitive holdings.
11.3 Any proceeds of realisation are used primarily to cover the outstanding claims including realisation costs. Any surplus is paid out to the customer; any shortfall remains owed by the customer.
11.4 If realisation is not possible for legal reasons or the firearm has no market value, gunBOX is entitled to hand over the firearm to the competent authorities for destruction at the customer's expense.
Additional Services and Brokerage
12.1 On request, gunBOX offers further services, in particular collection and delivery, valuation of firearm collections, as well as brokerage of purchases and sales. The prices for these services are based on an individual agreement.
12.2 For collections and deliveries, the weapons law transport regulations pursuant to Art. 28 WA must be observed. The customer ensures that the handover takes place in a suitable manner and to an authorised person.
12.3 In the brokerage of purchases and sales, gunBOX acts as an intermediary, without itself becoming a party to the contract of sale between seller and buyer. The weapons law transfer (in particular the weapons acquisition permit, written contract pursuant to Art. 11 WA) is to be ensured by the parties involved.
12.4 For the statutory notification, the parties must submit all required data and documents to gunBOX on time. gunBOX is entitled to refuse or discontinue a brokerage if the parties refuse or incompletely provide the data required for the notification or the statutory due diligence obligations.
12.5 gunBOX keeps a copy of the transfer contract as well as of the identity card or passport for the statutory retention period of ten years (Art. 11 para. 1 WA).
12.6 gunBOX complies with the relevant provisions of the Federal Act on Combating Money Laundering and Terrorist Financing (Anti-Money Laundering Act, AMLA; SR 955.0) and carries out the statutory due diligence and documentation obligations. gunBOX reserves the right to refuse or discontinue a brokerage if the statutory requirements of the AMLA cannot be met.
Data Protection
13.1 gunBOX processes the customer's personal data within the scope of the performance of the contract and to fulfil statutory obligations, in particular under the Weapons Act. The processing is carried out in compliance with the Swiss Federal Act on Data Protection (FADP, SR 235.1) in its respective applicable version.
13.2 Personal data and information on the stored firearms may be passed on to the following categories of recipients, insofar as this is required by law or necessary for the performance of the contract: cantonal weapons offices, Federal Office of Police (fedpol), police and prosecution authorities, insurers commissioned by gunBOX, as well as contractually obligated IT service providers.
13.3 The customer has the right to information, rectification, erasure and data release (data portability) of his personal data within the scope of the statutory provisions. Corresponding requests are to be addressed to gunBOX in writing and are, in principle, answered free of charge within 30 days (Art. 25 FADP).
13.4 In the event of a breach of data security that is likely to result in a high risk to the personality or fundamental rights of the persons concerned, gunBOX notifies the Federal Data Protection and Information Commissioner (FDPIC) as soon as possible (Art. 24 FADP).
13.5 Further details on data processing – in particular on purposes, retention periods and rights of the persons concerned – are governed by gunBOX's separate Privacy Policy, which forms an integral part of these GTC.
Amendments to these GTC
14.1 gunBOX reserves the right to amend these GTC at any time. Amendments are communicated to the customer in writing or by e-mail at least 60 days before they take effect. The communication expressly and in a prominent form draws attention to the deemed approval below as well as to the right of termination.
14.2 If the customer does not agree with the amendments, he may terminate the contract within 60 days of notification of the amendment, effective as of the date the new GTC take effect. If no termination is given within this period, the amended GTC are deemed accepted.
14.3 Clause 14.4 remains reserved: material amendments, namely increases in the storage fee, introduction of new fees, extension of the minimum term, extension of the limitation of liability or restriction of termination rights, do not take effect without the customer's active consent. The deemed approval pursuant to Clause 14.2 does not apply to such amendments.
14.4 In the case of material amendments pursuant to Clause 14.3, the customer is given a period of 60 days with the communication to expressly consent. If the customer does not consent, the contract is deemed terminated as of the date the amended GTC take effect; in this case, any remaining term of the minimum term lapses.
Dispute Resolution
15.1 The parties endeavour to settle disagreements or disputes arising from or in connection with this contract primarily by amicable agreement. For this purpose, the customer may contact gunBOX in writing; gunBOX will endeavour to find a prompt and amicable solution.
15.2 If no amicable agreement can be reached, the customer is free, before applying to the court, to initiate the ordinary conciliation procedure before the competent cantonal conciliation authority. For amounts in dispute up to CHF 100'000, the conciliation procedure pursuant to the Swiss Code of Civil Procedure (CPC) is mandatory.
Inheritance
16.1 In the event of the customer's death, the heirs succeed to his rights and obligations under this contract by universal succession. From the date of death, they become debtors of the current storage fees; the liability of the heirs is governed by Art. 560 and Art. 603 CC.
16.2 The heirs must identify themselves to gunBOX by means of a certificate of inheritance, executor's confirmation or another equivalent official proof, as well as with an official identity document. Until the inheritance situation is clarified, gunBOX may defer the current storage fees, but for no longer than six (6) months from the date of death. If the fees owed are not settled even 90 days after the heir status becomes known, the right of retention pursuant to Section 11 applies.
16.3 Within six (6) months of the date of death, the heirs must, pursuant to Art. 8 para. 2bis WA, either obtain the required weapons law authorisations or transfer the firearms to an authorised person. gunBOX can support the heirs in obtaining a single weapons acquisition permit from the competent cantonal weapons office for this purpose.
16.4 If the firearms are not collected or transferred after expiry of the statutory period and despite two written requests each with a period of 30 days, the heirs may choose between the realisation of the firearms by gunBOX according to the rules on the realisation of pledges (Art. 898 CC in conjunction with Art. 151 et seq. DEBA, with payment of the realisation proceeds after deduction of all outstanding claims and realisation costs) or the handover of the firearms to the competent cantonal weapons authority. If the heirs cannot be reached or do not make a choice known, gunBOX is entitled to proceed at its dutiful discretion; in the case of prohibited firearms and in cases of doubt, handover to the weapons authority is preferred.
16.5 At the heirs' request, gunBOX can undertake the realisation or sales brokerage of the firearms. The provisions of Section 12 apply mutatis mutandis.
Final Provisions
17.1 There are no oral side agreements. Amendments and additions to this contract and to these GTC require written form to be valid. This also applies to any waiver of the written form requirement.
17.2 Should a provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions is not affected thereby. The invalid or unenforceable provision is to be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid provision.
17.3 The transfer of rights and obligations under this contract to third parties requires the prior written consent of gunBOX.
17.4 This contract and these GTC are subject exclusively to Swiss law, to the exclusion of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
17.5 For disputes arising from or in connection with this contract, the mandatory places of jurisdiction pursuant to Art. 32 CPC apply vis-à-vis consumers (domicile or registered office of one of the parties for claims by the consumer, domicile of the consumer as defendant). For all other disputes, the exclusive place of jurisdiction is Grenchen, Switzerland.
gunBOX GmbH — General Terms and Conditions · October 2026 version.