Terms and Conditions

CONFIDENTIAL - Sellyourcars- GTC

Version: 12 .06 .2023

Sellyourcars | General Terms and Conditions

These general terms and conditions (the GTC) apply to the access and use of the website accessible under www.sellyourcars.ch (the Platform) and any services offered through the Platform (the Services), which are provided and managed by Sellyourcars SARL (CHE-458.042.489), Route de Corsy 35, 1093 La Conversion, Switzerland (the Provider).

Acceptance and Scope

Acceptance. Any access or use of the Platform by a user (a User) requires the acceptance of these GTC. By creating an account, or by logging in, the User expressly agrees to be bound by these GTC.

If the User is a legal entity, any subscription for the use of the Services by one of its employees, agents or representatives shall be deemed to be acceptance of these GTC by that legal entity.

Personal Terms. By using the Platform, you confirm that you are at least 18 years old, and if you are using it on behalf of a legal entity, that you have the authority to do so.
Scope. These GTC apply to all use of the Platforms and the Services we provide on them, including the off-site collection of data for those services, such as our ads and plugins.
Categories of Users. The Platform can be used by several categories of Users, namely: (i) Users offering a good for sale (User-Sellers); (ii) Users wishing to buy a good offered for sale (User-Buyers). These GTC apply to all categories of Users.
Right of Refusal. The Provider reserves the right to freely refuse to provide access to the Platform or Services to any User, in particular in case of violation of these GTC.

Right to Access and Use

Right of Use. Subject to your compliance with these GTC, the Provider grants you, during the Term, a revocable, non-exclusive, non-transferable, and non-transferable right to access and use the Platform, in particular, to offer goods for sale if you are a User-Seller, or to make offers to buy and purchase goods if you are a User-Buyer, for your own account and your own needs.
Personal Use. The User is not allowed to use the Platform and/or the Services on behalf of or for the benefit of third parties, or to grant sub-licences to third parties.
Authorised Persons. The User-Buyer agrees to use the Platform and its content only through its own employees, agents and/or representatives with a need to access it (the Authorised Persons) and shall take appropriate steps to ensure compliance with these GTC by its Authorised Persons.
Restrictions of Use. The User shall not: (a) use or access the Platform for any purpose other than as set forth in these GTC or any applicable specific terms; (b) reproduce, modify, adapt, alter, extract or create derivative works of the Platform, the Services and/or its content, in whole or in part, including by means of web scraping, web crawler, spiders or any other technology; (c) access or seek to access the source code of the Platform through decompilation, reverse engineering or any other means; (d) make all or any part of the Platform, the Services or its content to which access is restricted available to third parties; (e) collect e-mail addresses, information or any other content available through the Platform for spamming purposes.
Access. The equipment (computer, software, smartphone, telecommunication means, etc.) required to access the Platforms is at the User's own expense, as are the telecommunication costs incurred by their use.
Internet. The use of the Internet and digital services involves risks, in particular that data transmitted in this way may be intercepted, altered or destroyed. Ordinary e-mails sent via the Internet are neither confidential nor secure and can be read by third parties, lost, intercepted, or modified. E-mails cross borders, even if the sender and the recipient are in the same country. E-mails can be infected by viruses. By using the Platform, the User expressly accepts these risks, and the Provider accepts no liability in this respect.
Downloads. If the User downloads or otherwise obtains any document from the Platform is done they do so at their own risk, and they shall be solely responsible for any damage to their computer system or loss of data resulting from such actions.

Account and Credentials

User Account. To use certain features of the Platform, any User must create a personal account (the Account) and be logged into that Account. By creating an account, you must provide the information required for registration, such as your credentials, full name, address, e-mail address and year of birth, and accept these GTC. Access to certain Services or features may be limited to certain categories of Users only.
User-Buyer Account. Each User-Buyer is permitted to create only one Account, by an Authorised Person, who must be an employee, agent or representative of that User-Buyer. The registration of any User-Buyer and the creation of an Account is subject to the acceptance of the Provider, who reserves the right to refuse registration, suspend or delete it at any time.
Update. The User warrants that all information provided as part of the registration process is true and accurate. The User must always keep this information up to date.
Confidentiality. The User is solely responsible for the quality and confidentiality of his/her password and user ID, and for all activity that occurs under his/her Account. The User agrees to immediately notify the Provider of any unauthorised use of the User's password or Account or any other breach of security. The User shall ensure that they log out of their Account at the end of each session.
List. The User-Buyer shall maintain a list of its Authorised Persons and make it available to the Provider upon request.

User Content

User Content. Users may transmit and publish on the Platform, texts, files, images, photos, information or other data, including listings in the case of User-Sellers or purchase offers in the case of User-Buyers (the User Content).
Exclusion of Liability. The content accessible on the Platform is not an invitation by the Provider to make an offer or a recommendation to buy. The Provider has no obligation to verify the accuracy or validity of User Content posted on the Platform. The Provider assumes no liability in connection with the User Content, or in connection with any decisions that may be made on the basis thereof.
Exclusion of Warranty. The Provider is not a party to any agreements between the Users or third parties regarding goods offered by User-Sellers on the Platform. The Provider does not assume any warranty for the goods offered by the User-Seller, nor for any agreements that may result therefrom, such as contracts of sale between the Users or third parties.
Deletion and Return. As long as the User has an active Account, the User has access to his/her User Content and can delete it directly. The User may request the Provider to delete his/her User Content at any time in writing. In any case, the Provider is entitled to permanently delete any User Content if an Account has been inactive for 12 months or more.
User's Warranty. The User warrants to the Provider that (a) the User Content and the User's use of the Platform and/or the Services comply with applicable law, these GTC and do not infringe any third party rights; (b) the User Content is accurate, correct and up-to-date; and (c) the User owns all the rights and permissions required to use, modify, transmit, distribute and publish the User Content in accordance with these GTC.
Use by the Provider. The User authorizes the Provider in perpetuity and irrevocably to use, communicate, disseminate, modify and process the User Content, including for the purpose of providing or improving the Services, as well as for statistical or analytical purposes.

Listings and Offers

Listings. Any User-Seller registered on the Platform may publish a listing to offer a good for sale. Unless otherwise specified by the Provider, the publication of listings by User-Sellers on the Platform is free of charge.
Duration. The listing is published on the Platform for the duration chosen by the User-Seller, within the limits of the durations proposed by the Service Provider (the Listing Duration).
Content of Listings. By transmitting to the Provider the data related to the listing, the User-Seller:

authorises the Provider to publish the listing on the Platform;
guarantees to the Provider that the goods they offer are described correctly and truthfully, have the characteristics described and do not infringe on any applicable laws or third party rights.

Offer to Buy. Any User-Buyer may respond to a listing by submitting an offer to buy via the Platform. In this case, the User-Buyer acknowledges and agrees that:

its offer does not give him any right to buy the good concerned;
its offer will be communicated to the User-Seller only if it is the highest offer received for the good concerned;
the purchase price indicated in its offer is binding.

Acceptance and Payment. If the User-Seller accepts the offer, the User-Buyer will be able to have access to its details, after having paid the fee due in accordance with Section 6.
Terms of Communication. The User acknowledges and agrees that they have no right to the publication of any listing or the communication of any offers by the Provider, who may refuse, modify, withdraw or delete any listing or offer at any time.

Obligations of the User-Seller

EXCLUSIVITY. THE USER-SELLER WHO OFFERS A GOOD FOR SALE ON THE PLATFORM UNDERTAKES NOT TO OFFER THIS GOOD FOR SALE OTHER THAN ON THE PLATFORM FOR THE LISTING DURATION.
NON-SOLICITATION. THE USER-SELLER UNDERTAKES NOT TO CONTACT THE USER-BUYER DIRECTLY WITH THE INTENT TO SELL THE GOOD PUBLISHED ON THE PLATFORM FOR THE LISTING DURATION.

Obligations of the User-Buyer

NON-SOLICITATION. THE USER-BUYER UNDERTAKES NOT TO CONTACT THE USER-SELLER DIRECTLY OTHER THAN THROUGH THE PLATFORM.
NON-DISCLOSURE. THE USER-BUYER UNDERTAKES NOT TO DISCLOSE TO THIRD PARTIES THE IDENTITY OR ANY OTHER INFORMATION RELATING TO THE USER-SELLER OBTAINED THROUGH THE PLATFORM OR BY USING THE SERVICES.
When interacting with the User-Seller, the User-Buyer shall comply with the Service Provider's instructions, in particular as regards the timeframe for responding to the User-Seller.

Financial Conditions

Fees. Users agree to pay the prices, fees or other charges applicable to the Services subscribed to, as indicated by the Provider on the Platform (Fees).
Taxes. The Fees and other amounts due under these GTC are due in advance and are exclusive of all taxes, including VAT, which are the sole responsibility of the User.
Payment. Amounts due to the Provider are paid by bank transfer to the account indicated by the Provider to the User or by credit card.
Credit Card. In the event of payment by credit card, the User authorizes the card issuer to pay any amounts and authorizes the Provider (or its billing agent) to charge the credit card account in accordance with these GTC. The User must provide current, complete and accurate billing and credit card information, and agrees to pay all collection fees, including administrative and attorney's fees, on any unpaid balance. In some cases, the bank or credit card issuer may charge a foreign transaction fee or related fee, which is the responsibility of the User. Payment via PayPal, TWINT or another payment Provider is subject to the general terms and conditions of that provider.
Suspension of Services. The User's continued use of the Platform or Services is subject to timely payment of all Fees due. The Provider may temporarily cease to provide the Services or suspend any right to access or use the Platform if the User is in arrears with any payment due.
Set-Off. The offsetting of claims requires the prior written consent of the Provider.

Availability, Maintenance

Delivery. The Platform is provided as a SaaS (Software as a Service) service; therefore, the Provider only grants the User a right to access and use the Platform and does not deliver any copy of the Platform.
Availability. The Provider shall endeavour to maintain the availability of the Platform and the Services but does not guarantee their availability.
Diligence. The Provider shall provide the Services in accordance with good practice and with the care and diligence required of a provider of similar services. The Provider is bound by an obligation of means and not of result.

Intellectual Property

Ownership. Subject to Section 4.1 (User Content), all intellectual property rights in the Platform, the Services and the Content accessible via the Platform are the exclusive property of the Provider and its licensors. The provision of these does not entail any transfer of intellectual property rights, nor the granting of any other right of use than the licence granted in accordance with Section 2.1.
Usage Data. The Provider shall own the rights to, and may freely use for any purpose (including for data mining, benchmarking, or for the development and marketing of new services), any data or information (i) collected from cookies or other tracking and analysis technologies on the Platform (including tracking data related to visitor traffic); (ii) relating to the User's access to and use of the Platform, including the number and duration of visits to the Content and; (iii) provided that reasonable efforts are made to remove any reference to the User and any identifiable person, data entered by users of the Platform (Usage Data).
Injunctive Relief. The User expressly acknowledges that any infringement of the Provider's intellectual property rights is likely to cause irreparable harm to the Provider, for which damages alone would be insufficient, and that the Provider may therefore seek provisional measures or any other legal remedy available in any jurisdiction.
Third Party Content. The Services may contain content or software components developed, distributed and/or licensed by third parties (Third Party Content). In this case, the license conditions for such Third Party Content apply and the User agrees to comply with them. The Provider shall endeavour to identify any Third Party Content in the documentation applicable to the Services.

Data Protection

The Provider has published a privacy policy, accessible at https://sellyourcars.ch/en/politique-de-confidentialite, which describes how personal data is collected through the Platform and for what purposes. This privacy policy, as amended during the from time to time, forms part of these GTC.

Warranty

No Warranty. The Services are provided by the Provider without any warranty as to their quality, availability and freedom from defects. The Provider does not provide any warranty for the goods offered on the Platform.
Changes. The User acknowledges that the Provider may make changes to the Platform or the Services, which may include changes to the layout or functionality of the Platform and change the functionality of the Platform or remove any content available on the Platform.

Liability

Principle. To the fullest extent permitted by law, the Provider disclaims all liability resulting in particular from any fault, error or omission of the Provider - except in the case of fraud or gross negligence on the part of the Provider - as well as from the fault, error or omission of any of its subcontractors, causing any damage, direct or indirect, to the User. In particular, the Provider shall not be liable for simple negligence or for any indirect, consequential or other damages or losses of the User and/or third parties, whether foreseeable or not, or whether or not the Provider has been informed of the risk involved, including, but not limited to, loss of profits, commercial or reputational damage, loss of turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining substitute good, service or technology, and loss, damage or corruption of data - in connection with or arising out of the non-performance or wrongful performance of any Service or any other provision of the Provider, regardless of the nature of the action or damage.
Use of Services. The use of the Platform and/or the Services is entirely at the User's risk, and the Provider expressly disclaims any liability regarding the use thereof by the User and/or any decision made by the User based on information obtained from his/her use of the Platform and/or the Services. Furthermore, the Provider shall not be liable for any damages arising from the use of the Platform or the Services contrary to these GTC or the law.
Auxiliaries. The exclusions and limitations provided for in this Section 13 shall extend to directors, officers, employees, agents, subcontractors and auxiliaries of the Provider.

Indemnification

The User agrees to indemnify the Provider and its partners and employees from and against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable attorneys' fees, resulting from your breach, whether or not at fault, of these GTC or any applicable specific terms.

Miscellaneous

Independence. The Parties are independent of each other, and neither Party has the right or authority to bind or obligate the other.
Force Majeure. Neither Party shall be in default if the performance of its obligations (except for its payment obligations), in whole or in part, is delayed or prevented because of a force majeure situation such as a natural disaster of particular intensity, war, epidemic, riot, strike, hacking or power or Internet failure, or any other cause reasonably beyond its control.
Modifications. The Provider reserves the right to change these GTC or the pricing of the Services at any time. The Provider shall notify the User in advance, by e-mail or other means, of any changes to the terms and conditions before they become effective. Continued use of the Service by the User after such notification shall constitute acceptance of the GTC as amended.
Entirety. These GTC constitute, together with the Privacy Policy, the entire agreement between the Parties and supersede all prior representations, understandings or agreements that the Parties may have made in connection with its subject matter.
Hierarchy. In the event of any conflict or inconsistency between the provisions of these GTC and those of any other contractual document (such as the Privacy Policy), the GTC shall prevail, subject to any written modifications contained in such document, citing the sections of these GTC to which they relate.
Severability. If any provision of these GTC is found to be invalid or unenforceable, the Parties agree that their intentions as reflected in the provision shall be carried out to the maximum extent permissible and that the other provisions of the GTC shall remain in full force and effect.
Waiver. The fact that the Provider tolerates or waives the application of all or part of the provisions of these GTC or of any specific applicable conditions, regardless of their frequency and duration, shall not constitute a waiver of the application of such provisions or conditions.
Assignment. The User may not assign or transfer any of its rights or obligations under the GTC. The Provider may assign or transfer any of our rights or obligations or subcontract the performance of any of our obligations under the GTC to any third party at any time.
Third Parties. These GTC are binding only on the Parties (and their respective successors and permitted assigns) and shall inure to their benefit only.

Applicable Law and Jurisdiction

Applicable law. These GTC, as well as any use of the Platform and the Services, are governed by Swiss substantive law, to the exclusion of its conflict of laws rules.
Jurisdiction. Any dispute relating to these GTC, or to the use of the Platform or the Services shall be subject to the exclusive jurisdiction of the courts having jurisdiction at the Provider's registered seat.