Terms of Use

Introduction

This web service (hereinafter the “Webservice”) represents a tool for selling and purchasing different items from a selection list by way of online auction. It is neither a seller, no a buyer but a virtual space where both can find each other within a proposed milieu and under the conditions mentioned below. As a matter of fact, the Webservice is not involved in any dealing between registered vendors and buyers, and may not guarantee the ability of vendor or/and the ability of purchaser to pay, nor it may transfer or be assumed to transfer an ownership in any item listed therein. 

General Terms & Conditions

By accessing the Webservice, you acknowledge and confirm that

• you have read, agreed to and understood the Terms of Use set forth herein;
• you are over 18 year old;
• you accept the responsibility to keep your passwords secure;
• you are not to use the Webservice for any activity prohibited by the law of Switzerland;
• you are not to use the Webservice in the way that may harm, offend, insult or cause any moral damage to other person, including but not limiting to posting, displaying, typing false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• you accept your sole responsibility for posting, submitting, downloading, displaying any data, text, information, screennames, graphics, photos, profiles, audio and video clips, links etc on the Webservice;
• you are not to transit any malware, viruses or a code of destructive nature to the Webservice;
• you are not to modify, adapt or hack the Webservice or modify another website in the way it would cause inconvenience in use or damage to the Webservice or it might be falsely associated with the Webservice;
• you are not to transfer your account (including user’s ID) to another party without consent of the Webservice;
• you are not to infringe any Intellectual Property Rights be they belong to the Webservice or to a third party;
• you agree with the authority of the Webservice to: 
  • modify or terminate any tool with the Webservice for any reason at any time, with or without prior notice;
  • ultimately, at its sole discretion, reject any bid, refuse or cancel the bedding sale at any stage, withdraw the item or reoffer and resell the item at auction;
  • remove any content of or terminate your account if the Webservice has reasons to believe you violating these Terms of Use;
  • ultimate right to refuse service of the Webservice to anyone at any time;
  • change these Terms of Use at any time;
  • ultimately, at its sole discretion, reject any bid, refuse or cancel the bedding sale at any stage, withdraw the item or reoffer and resell the item at auction.

Membership & Registration

Any person willing to take part in auctions shall register on the Webservice as a vendor, a purchaser, or both. The form to be filled in contains as minimum necessary data as prescribed by law so that a person would be eligible to make / accept valid money transfers and be identified with his / her accounts. The submission of the registration may not take more than 48-hours. By applying for registration, a customer also agrees to receive notifications about new auctions to his / her registered e-mails and other info that the Webservice finds suitable to share with customers.

Special provisions for Vendors

• Vendor shall assume sole responsibility for an item he / she intends to bring for auctioning to be legal for trade under the laws of Switzerland. 
• Vendor shall provide detailed description of the item to be auctioned.
• Should the Webservice finds it necessary, upon the respective request, Vendor shall improve the quality of the item’s description or add the requested details or make other changes as requested by the Webservice. 
• Should the Webservice finds it necessary, upon the respective request, Vendor shall produce certificates or other officially executed deed, agreement or else confirming his / her ownership or similar right to the traded item if such an evidence is enforceable by law to constitute or to confirm his / her rights. 
• Vendor shall not refuse examination, inspection or other type of expert investigation of a traded item if so requested by Purchaser of the Webservice. Costs associated with such actions shall not be the responsibility of Vendor. 
• Subject to Purchaser’s right to inspect, or to order an expert investigation in respect of a traded item, Vendor does not take responsibility for the conditions and quality of any traded item.
• After an auction has been started Vendor may not resign from the dealing or refuse to sell, or in other way avoid successive trading of the auctioned item. 
• After an auction completed Vendor shall reserve a lien or similar right to the traded item until Purchaser pays off the final auction’s price of that item, including all necessary fees, taxes and commissions.
• Vendor shall use available legal devices to push Purchaser to pay the final auction’s price, including all necessary fees, taxes and commissions, if the latter does not pay during 60 (sixty) days since the auction was closed. Should Vendor fail to take such efforts or delay them for more than 90 (ninety) days since the auction was closed, the Webservice may charge his / her commission upon Vendor and Vendor shall pay such charge. 
• The Webservice reserves the right to impose fines or to introduce other sanctions on Vendor if the latter does not respond to the Webservice’s requests more than 30 (thirty) days. The Webservice may retain the said fines from the sums due to the said Vendor by any member of the Webservice. 

Special provisions for Purchasers

• There is no any periodic payment or fee for routine use of the Webservice, however the Webservice may request Purchaser to put deposit on his / her account of the Webservice that may be charged by the Webservice. 
• Terms & conditions of a deposit are varied and shall be agreed by Purchaser before entering an auction to which the said terms & conditions are applied. 
• Purchaser may request additional info about an item to be traded, including changes, improvement and / or expansion of the current description of such an item, via request to the Webservice.
• Purchaser may order examination, inspection or other expert conclusion in respect of a traded item for what he may make respective request to the Webservice or to a Vendor. Any cost incurred by such an action shall be responsibility of the Purchaser that ordered it. 
• Purchaser shall understand that by entering an auction he / she enters a purchase agreement, and, in the event of wining an auction, he/ she would be liable to perform and to complete the purchase agreement.
• In respect of each auction, the Webservice shall notify a Purchaser about him becoming the winner within 24 hours.
• Title to a traded item shall pass to Purchaser upon all payments, including fees, commissions, and taxes are made via Purchaser’s personal account on the Webservice, or otherwise as may be agreed by the Webservice and a Purchaser.
• Purchaser shall collect a purchased item at his / her expense, during business hours within 90 days after conclusion of the auction at the place designated by the Webservice.
• The Webservice may, at its sole discretion, accept written or e-mail orders from Purchaser for shipment of the purchased item. Shipping is performed by order of Purchaser and at his / her expense and risk.
• If an item is not collected within 90 days, the Webservice is entitled to charge a storage fee on Purchaser.
• The invoice for an auctioned item must be paid no later than 10 days after receipt of the invoice. If Purchaser fails to pay or does not do so on time, the Webservice may either demand fulfilment of the purchase agreement or at any time, without setting a time limit, waive fulfilment of the purchase agreement by Purchaser and withdraw from the purchase agreement or demand damages for non-performance.
• As an indemnity for non-performance on behalf of Purchaser, Vendor is entitled to sell a traded item, without regard for a minimum sale price, either privately or by auction and use the proceeds to reduce Purchaser’s debt. Should the proceeds exceed that amount, Purchaser has no entitlement thereto.

Brief on Auctions

There are several types of auctions for Vendor to choose and to customize for own vision. Purchasers are strongly recommended to read terms and conditions for an auction closely and carefully before joining it. Usually the highest in value and the last in time bid designates winner, who becomes Purchaser upon confirmation of the Webservice that shall come within 24 hours, although some types of auction exploit alternative approaches that are indicated in the respective terms and conditions. Purchaser may take part in several auctions but the Webservice may restrict their number. 

Confidentiality & Personal Data Protection

Customers and the Webservice mutually agree to keep the confidentiality of all non-public information and data that become or have become available to them in the course of cooperation during the use of the Webservice by a customer. This obligation shall bind both parties even after customer’s signing out of the Webservice or upon an abandonment of the same on behalf of the legal owners. Both, customers and the Webservice shall take all efforts to treat and process data and information provided to or received by them during use of this web service with necessary care and precautions each within its respective area of influence. Additionally, the Webservice shall assume the responsibility to maintain safety of customers’ personal data including taking reasonably required measures for the protection against unauthorised processing, transferring, and / or using of personal data. 

Limitation of Liabilities

The Webservice tries to do its best in delivering to you the opportunity of enjoying properly operating software, however the Webservice cannot guarantee the continuous operation of or access to it, since part of the systems are beyond the Webservice’s control. 

The Webservice waives any and all warranties for defects of title or quality and any and all liability arising from mandate and agency. Expert reports attached to traded items or obtained by the Webservice are nothing more than expressions of opinion from which any and all liability is excluded. All prices shown within the Webservice are non-binding estimates.

Customer shall agree that he / she uses the Webservice at his / her own risk, and any content of the Webservice is provided to him / her “as is” and “as available”, and the Webservice, to the extent permitted by the laws of Switzerland, excludes all express or implied warranties that may be inferred from these Terms of Use. 

In addition, to the extent permitted by the law of Switzerland, in no event shall the Webservice be held liable to Customer or any third party under any claim at law for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by these Terms of Use whether or not they were capable to be anticipated or the Webservice was advised of risks to incur such damages or losses. Without the generality of the foregoing, the Webservice (including its affiliates, partners, members, officers, directors, employees, shareholders and agents) are not liable, and Customer shall agree not to hold the Webservice responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content Customer provides (directly or indirectly);
• Customer’s use of or Customer’s inability to use the Webservice;
• viruses or other malicious software obtained by accessing or linking to the Webservice;
• glitches, bugs, errors, or inaccuracies of any kind within the Webservice;
• damage to Customer’s hardware device from the use of the Webservice;

Indemnity

In addition and without prejudice to any rights and/or remedies which may be available to a customer under these Terms of Use and the laws of Switzerland, Customer of the Webservice, be it Purchaser or Vendor, either both,  agrees to indemnify, defend and hold harmless the Webservice and its affiliates, partners, members, officers, directors, employees, shareholders and agents from and against all suits, proceedings, claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and other defence costs, arising out of or in connection with:

• Customer being in breach of the obligations given by it under these Terms of Use; and/or
• the fraud, negligence or wilful misconduct of Customer or its affiliates, partners, members, officers, directors, employees, shareholders, agents, consultants, contractors and other persons depending on the Webservice, or them being in breach of or otherwise failing to discharge any obligation imposed on them under these Terms of Use.