Version : 30.08.2024

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).

1. Acceptance and Scope

1.1 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.

1.2 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.

1.3 Scope.

These GTC apply to all use of the Platform and the Services we provide on them, including the off-site collection of data for those services, such as our ads and plugins.

1.4 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.

1.5 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.

2. Right to Access and Use

2.1 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-sub-licensable 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.

2.2 Personal and Authorized Use.

The User is prohibited from using the Platform and/or the Services on behalf of or for the benefit of third parties, and may not grant sub-licenses or transfer access rights to any third party. If the User is a company, the Platform and its content may only be accessed and used by the company’s employees, agents, and/or representatives who require such access (the Authorized Persons). The User shall ensure that all Authorized Persons comply with these GTCs.

2.3 Prohibition of Account Sharing.

Each Authorized Person must use a dedicated account provided by the Provider, and the sharing of accounts between individuals, even within the same company, is strictly forbidden.

2.4 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 email addresses, information or any other content available through the Platform for spamming purposes;
• (f) access the content of the Platform or any data that is stored or processed by the platform through any other means or interfaces than through personal interaction via a browser;
• (g) In particular, any direct query through APIs or any other technical interface or the use of automated tools to access or manipulate the platform's content is expressly prohibited in absence of a specific written authorization.

2.5 Access.

The equipment (computer, software, smartphone, telecommunication means, etc.) required to access the Platform is at the User's own expense, as are the telecommunication costs incurred by their use.

2.6 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 emails sent via the Internet are neither confidential nor secure and can be read by third parties, lost, intercepted, or modified. Emails cross borders, even if the sender and the recipient are in the same country. Emails can be infected by viruses. By using the Platform, the User expressly accepts these risks, and the Provider accepts no liability in this respect.

2.7 Downloads.

If the User downloads or otherwise obtains any document from the Platform, 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.

3. Account and Credentials

3.1 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, the User must provide the information required for registration, such as credentials, full name, address, email address, and year of birth, and accept these GTC. Access to certain Services or features may be limited to certain categories of Users only. Each User is permitted to create only one Account. The registration of any User 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.

3.3 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.

3.4 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 unauthorized 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.

3.5 List.

The User-Buyer shall maintain a list of its Authorized Persons and make it available to the Provider upon request.

4. User Content

4.1 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).

4.2 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.

4.3 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.

4.4 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 3 months or more.

4.5 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.

4.6 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.

5. Listings and Offers

5.1 Role of the Platform:

The Platform acts as a marketplace, connecting User-Sellers who wish to offer goods for sale with User-Buyers who wish to acquire or facilitate the sale of those goods. The Platform does not buy, sell, or take possession of any goods, nor does it become a party to any transaction between Users.

5.2 Types of Sales.

The Platform facilitates two types of connections between User-Sellers and User-Buyers:

• (a) Trade-In Connections, which connect User-Sellers with User-Buyers interested in purchasing their goods directly.
• (b) Consignment Connections, which connect User-Sellers with User-Buyers interested in assisting them in selling their goods to a third party through means outside of the Platform (e.g., offline or through other platforms).

5.3 Selection of Connection Type.

The User-Seller decides which type of connection they are interested in at the moment of publishing their goods on the Platform, or as requested by the Platform.

5.4 User-Buyer Eligibility and Financial Conditions.

User-Buyers must be specifically approved by the Provider to be eligible for both Trade-In Connections and Consignment Connections. The financial conditions related to these connections are specified in individual addendums to the present conditions, discussed and agreed upon with each User-Buyer. By creating an account, and in any case by making an Offer, the User-Buyer explicitly agrees to the financial conditions.

5.5 Listings.

Any User-Seller may submit a listing to offer a good for sale (Trade-In Connections) or to seek a User-Buyer interested in assisting with selling their goods outside the platform (Consignment Connections). All listings must comply with the Platform's guidelines and any applicable specific terms set by the Provider.

5.6 Duration.

The listing is published on the Platform for the duration specified by the Service Provider (the Listing Duration). The User-Seller will be informed of the Listing Duration at the time of listing submission. The Listing Duration may be extended or modified by the Service Provider at its discretion, with notification to the User-Seller.

5.7 Offering Period.

The Offering Period begins as soon as the goods are published on the Platform and User-Buyers are permitted to make offers. This period continues for the entirety of the Listing Duration. During this time, User-Buyers may submit offers for the listed goods.

5.8 Content of Listings.

By transmitting to the Provider the data related to the listing, the User-Seller:

• (a) authorizes the Provider to publish the listing on the Platform;
• (b) guarantees to the Provider that the goods they offer are described accurately and truthfully, have the characteristics described, and do not infringe on any applicable laws or third-party rights;
• (c) acknowledges that the User-Seller can modify certain elements of the listing after publication, but not all elements. The Platform specifies which elements are subject to modification at which stage;
• (d) understands that the Provider is authorized, but not obliged, to modify the listing and its content upon being informed of characteristics of the goods that differ from those originally announced, or upon the User-Seller’s request to change the conditions of the sale (e.g., reserve price). Such a request may be submitted by the User through various means (e.g., email, phone, or chat), but it is deemed received and accepted only when the modification is actually performed on the Platform;
• (e) acknowledges that the Provider reserves the right to remove or modify any listing that does not comply with these guarantees or the Platform's guidelines, without prior notice.

5.9 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.

5.10 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. The User-Buyer undertakes not to contact the User-Seller directly other than through the Platform.

5.11 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.

5.12 Compliance.

Users shall comply with the Service Provider's instructions, particularly regarding the timeframe for responding to offers, inquiries, or any other communications related to the use of the Platform. Failure to adhere to these instructions may result in the suspension or termination of the User’s access to the Platform or other penalties as deemed appropriate by the Service Provider.

6. Trade-in Connections

6.1 Listing of a Good for a Trade-In Connection.

By listing a good on the Platform for a Trade-In Connection, the User-Seller agrees to provide accurate and complete information about the good, including but not limited to its condition, history, and any other relevant characteristics. The User-Seller is required to specify a Reserve Price, which is the minimum price they are willing to accept for the sale of the good. This Reserve Price remains confidential and is not disclosed to potential buyers unless explicitly stated otherwise by the User-Seller or required by applicable law.

6.2 Offers Above the Reserve Price.

If at least one offer is submitted that meets or exceeds the Reserve Price, the Platform will notify the User-Seller of the highest offer.

6.3 Publishing Fees.

A publishing fee of 2% of the Reserve Price is charged to the User-Seller at the end of the Offering Period. However, these fees are automatically waived only under the following conditions:

• (a) If the User-Seller contracts with the User-Buyer; or
• (b) If the Platform fails to provide any offer that meets or exceeds the Reserve Price; or
• (c) If the User-Seller cancels their listing before the Offering Period has started; or
• (d) If the User-Buyer refuses to contract at the conditions specified in the offer, with the exception of the case where the goods have undisclosed defects or characteristics that materially differ from those listed, in accordance with Article 6.7 of the present GTC.

If none of the above conditions apply, the fees are due and must be paid by the User-Seller.

6.4 Additional Fees.

Specific services may be offered to the User-Seller for a fee (e.g., Car-Check, Escrow service). These fees are not subject to the waiver set forth in Section 6.3 and are governed by their respective clauses or contractual conditions.

6.5 Offer to Buy.

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

• (a) Submitting an offer does not entitle the User-Buyer to purchase the good; the final decision rests with the User-Seller.
• (b) The offer will only be communicated to the User-Seller if it is the highest offer received that meets or exceeds the Reserve Price.
• (c) The purchase price indicated in the offer is binding, except in cases where the goods have undisclosed defects or characteristics that materially differ from those listed, in accordance with Article 6.7 of the present GTC.
• (d) By submitting an offer, the User-Buyer explicitly agrees that, unless otherwise explicitly stated in writing, the goods shall be transferred from the User-Seller to the User-Buyer at the location specified in the listing (the "Transaction Place"). If the User-Buyer decides to arrange transportation, either independently or through the Platform, the transfer of ownership and associated risks between the User-Seller and the User-Buyer shall occur at the Transaction Place.

6.6 Acceptance and Payment.

If the User-Seller accepts the highest offer, the User-Buyer will be granted access to the User-Seller’s details after paying the applicable fees as outlined in Section 9. Upon receiving these details, the User-Buyer is expected to finalize the transaction promptly and in accordance with the terms agreed upon in the offer.

If the User-Buyer refuses to finalize the transaction for any reason other than those specified in Section 6.5(c) (i.e., undisclosed defects or characteristics that materially differ from those listed), the User-Buyer will be liable to pay the Provider a penalty equal to twice the applicable fees. This penalty is intended to cover the costs associated with the failed transaction and to compensate the Provider for the disruption caused by the refusal to contract.

6.7 Exceptions for Undisclosed Defects or Material Differences.

Notwithstanding the binding nature of the purchase price, a User-Buyer may retract or renegotiate an offer if, upon inspection or further review, the goods are found to have undisclosed defects or characteristics that materially differ from those listed by the User-Seller. Material differences include, but are not limited to, inaccuracies in the description of the goods' condition, history, or functionality that would reasonably affect the value or suitability of the goods for the User-Buyer.

6.7.1 Limitation of Responsibility When Car-Check Is Performed.

If a Car-Check has been performed by the Provider, the report generated is intended to provide an accurate assessment of the vehicle's condition at the specific point in time when the inspection was conducted. However, the Provider does not guarantee that the Car-Check will uncover all defects or issues with the vehicle, especially those that may develop after the inspection or that were not detectable at the time of the Car-Check.

The Provider disclaims all liability for any discrepancies, omissions, or inaccuracies in the Car-Check report that may result in undisclosed defects or material differences not being identified. The User-Buyer acknowledges that the Car-Check report reflects the condition of the vehicle only as of the date of the inspection, and reliance on the report is at their own risk. The Provider cannot be held responsible for any financial loss, damages, or other consequences arising from issues that were not identified in the report or that arise after the Car-Check was performed.

6.7.2 Attention to Swiss Contract Law Regarding Hidden Defects.

Users should be aware that hidden defects are governed by specific provisions under Swiss contract law. Users are advised to familiarize themselves with their rights and obligations under Swiss law, particularly in relation to hidden defects, and to seek legal advice if necessary.

6.8 Resolution Process.

In the event of a dispute regarding undisclosed defects or material differences, the User-Buyer and User-Seller are encouraged to resolve the issue amicably. If an agreement cannot be reached, the matter may be escalated to the Platform's dispute resolution process as outlined in these GTC.

6.9 Platform’s Role.

The Platform is not responsible for verifying the accuracy of the goods' descriptions but reserves the right to review the dispute and take appropriate action, which may include, but is not limited to, removing the listing, suspending accounts, or providing recommendations for third-party arbitration.

6.10 Obligation to Inform.

Both the User-Seller and User-Buyer are required to promptly inform the Platform of the status of their contract, including whether the transaction has been successfully completed or if any issues have arisen that could impact the finalization of the contract.

6.11 Terms of Communication.

The User acknowledges and agrees that the Provider retains full discretion over the publication of any listings and the communication of any offers. The Provider may, at any time and without prior notice, refuse, modify, withdraw, or delete any listing or offer if it deems such action necessary to maintain the integrity of the Platform or in compliance with legal or regulatory requirements.

7. Consignment Connections

7.1 Listing of a Good for Consignment Sale.

By listing a good on the Platform for a Consignment Sale, the User-Seller agrees to provide accurate and complete information about the good, including but not limited to its condition, history, and any other relevant characteristics. The User-Seller is required to specify a Reserve Price, which is the minimum price they are willing to accept for the sale of the good. The Reserve Price is disclosed to potential User-Buyers.

7.2 Engagement of a User-Buyer for Consignment.

In a Consignment Sale, the User-Seller seeks the assistance of a User-Buyer to help sell the good to third parties outside of the Platform. The User-Buyer selected through the Platform to assist in the sale (hereafter referred to as the "Consignment Partner") may present potential buyers or negotiate on behalf of the User-Seller. Any such engagement is subject to mutual agreement between the User-Seller and the Consignment Partner, facilitated through the Platform. The Consignment Partner engaged in a Consignment Sale is responsible for presenting the good to potential buyers, negotiating terms, and managing any inquiries related to the sale. The Consignment Partner must act in good faith and in the best interest of the User-Seller, adhering to the terms agreed upon through the Platform.

7.3 Proposal and Acceptance of Consignment Partners.

User-Buyers may be proposed by the Platform with the opportunity to assist a User-Seller in the sale of their good. Upon acceptance of the role of Consignment Partner for the sale, the User-Buyer is bound by the conditions set forth in this chapter.

7.4 Physical and Virtual Consignments.

In a Virtual Consignment Sale, the good remains with the User-Seller until the sale is finalized. In a Physical Consignment Sale, the good is transferred to the Consignment Partner for the duration of the consignment process.

7.5 Publishing Fees.

There are no publishing fees for the User-Seller for Consignment Sales. However, the User-Seller will enter into an agreement directly with the Consignment Partner under the preferential conditions outlined in these terms. The User-Seller acknowledges that the Consignment Partner may pay commissions to the Provider.

7.6 Additional Fees.

Specific services may be offered by the Provider to the User-Seller for a fee (e.g., Car-Check, Escrow service). These fees are governed by their respective clauses or contractual conditions.

7.7 Acceptance and Deposit.

Upon becoming a Consignment Partner for the sale, the User-Buyer will be granted access to the User-Seller’s details. Upon receiving these details, the Consignment Partner is expected to organize the sale of the goods promptly and in accordance with the terms agreed upon in the offer. A deposit equal to the applicable fees, as outlined in Section 9, based on the Reserve Price, is paid to the Provider.

7.8 Final Payment and Settlement.

A final payment is made to the Provider by the Consignment Partner or vice versa upon completion of the sale of the goods by the Consignment Partner. This payment includes the balance calculated between the applicable fees based on the final sale price and the deposit paid. If the goods are not sold, no applicable fees are due to the Provider.

7.9 Specific Agreement Between User-Seller and Consignment Partner.

The User-Seller and the Consignment Partner will enter into a specific agreement between them, facilitated by the Provider. The agreement will include:

• The payment of a success fee of 6% for Virtual Consignments or 8% for Physical Consignments of the final sale price to the Consignment Partner upon successful sale of the goods.
• The Consignment Partner may provide for administrative fees that should not exceed the success fee, in case the User-Seller refuses to contract with a potential buyer any offer that meets or exceeds the Reserve Price, provided that the Consignment Partner has fulfilled their obligations under the consignment agreement.

All offers and communications between the User-Seller and Consignment Partner must be conducted through the Platform to ensure transparency and proper documentation.

8. Optional Additional Services

8.1 Overview of Optional Services.

The Platform offers a range of optional services designed to enhance the experience for both User-Sellers and User-Buyers and to facilitate the sales process. These services are not mandatory but can provide added convenience, security, and efficiency in the transaction process.

8.2 How to Engage Services.

Users can select and engage these optional services directly through the Platform during the listing process or at any time before the completion of the sale. Detailed instructions on how to request these services are provided on the Platform, including any necessary steps for activation and completion.

8.3 Service Fees.

Each optional service is available for an additional fee, which is clearly outlined on the Platform before the service is engaged. These fees are independent of other fees, such as publishing or consignment fees, and are governed by their respective terms and conditions. By engaging any of these services, the User agrees to the associated fees and terms.

8.4 Specific Provisions for the Car-Check Service

8.4.1 Description.

The Car-Check Service is performed by the Provider and includes a comprehensive inspection of the vehicle's condition, along with high-resolution photographs. This service aims to provide an accurate view of the vehicle's status, enabling buyers to make more informed decisions and potentially increasing the number of offers received.

8.4.2 Limitation of Liability.

While the Provider strives to ensure the accuracy and completeness of the Car-Check report, it cannot be held responsible for any discrepancies or omissions. The report is intended to provide a general overview of the vehicle's condition, but it does not replace a thorough inspection by the buyer. The Provider disclaims all liability for any damages or losses arising from reliance on the Car-Check report.

8.5 Specific Provisions for the Escrow Service

8.5.1 Description.

The Escrow Service ensures that funds from the sale are held in a secure escrow account until all conditions of the sale are met, providing security and peace of mind for both parties.

8.5.2 Third-Party Partnership.

The Escrow Service is provided by a third-party financial institution whose name is disclosed upon contracting the service. While the Provider facilitates the process and collects the fees for the service, the contractual agreement for the escrow is directly between the User and the third-party provider.

8.5.3 Limitation of Liability.

The Provider disclaims any liability for errors, delays, or losses arising from the use of the Escrow Service. All issues related to the escrow account, including the release of funds, are governed by the terms and conditions of the third-party provider, and any disputes must be resolved directly with them.

8.6 Specific Provisions for Logistics and Transportation

8.6.1 Description.

The Logistics and Transportation Service coordinates the transportation and delivery of goods, simplifying the process for both the seller and the buyer, especially for large or complex items.

8.6.2 Third-Party Partnership.

This service is provided by third-party logistics companies, whose names are disclosed upon contracting the service. The Provider collects the fees for the service, but the contractual agreement for transportation is directly between the User and the logistics provider.

8.6.3 Limitation of Liability.

The Provider is not liable for any issues related to the transportation or delivery of goods, including but not limited to delays, damages, or loss of items. These matters are the responsibility of the logistics provider, and any claims or disputes must be directed to them. Users are encouraged to review the terms and conditions of the logistics provider before engaging the service.

9. Financial Conditions

9.1 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 (the Fees).

9.2 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.

9.3 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.

9.4 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.

9.5 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.

9.6 Set-Off.

The offsetting of claims requires the prior written consent of the Provider.

10. Availability, Maintenance

10.1 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.

10.2 Availability.

The Provider shall endeavor to maintain the availability of the Platform and the Services but does not guarantee their availability.

10.3 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.

11. Intellectual Property and Data Protection

11.1 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 license granted in accordance with Section 2.1.

11.2 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 (the Usage Data).

11.3 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.

11.4 Third-Party Content.

The Services may contain content or software components developed, distributed, and/or licensed by third parties (the 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 endeavor to identify any Third-Party Content in the documentation applicable to the Services.

11.5 Privacy Policy.

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 from time to time, forms part of these GTC.

12. Warranty

12.1 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.

12.2 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.

13. Liability

13.1 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 goods, services 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.

13.2 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.

13.3 Auxiliaries.

The exclusions and limitations provided for in this Section 13 shall extend to directors, officers, employees, agents, subcontractors, and auxiliaries of the Provider.

14. 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.

15. Miscellaneous

15.1 Independence.

The Parties are independent of each other, and neither Party has the right or authority to bind or obligate the other.

15.2 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.

15.3 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 email, notification on the Platform, or other electronic 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.

15.4 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.

15.5 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.

15.6 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.

15.7 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.

15.8 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.

15.9 Third Parties.

These GTC are binding only on the Parties (and their respective successors and permitted assigns) and shall inure to their benefit only.

15.10 Official Language.

While the official language of these GTC is English, translations may be provided for convenience. In the event of any conflict, the English version shall prevail.

16. Applicable Law and Jurisdiction

16.1 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.

16.2 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.