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Terms & Conditions

General Terms and Conditions (GTC)
 
These General Terms and Conditions of velocorner AG regulate the rights and obligations in connection with the use of the services offered on the website TCS velocorner.ch (including all subdomains). By using our services as well as our website you accept the following terms and conditions:
 
1. scope of application and validity

These General Terms and Conditions (GTC) of velocorner AG, Merlachfeld 215, 3280 Murten, Switzerland (hereinafter referred to as "TCS velocorner.ch") as well as the provisions declared to be binding by these GTC and recorded next to the GTC, in particular the privacy policy (velocorner.ch. ch/en/privacy-policy), regulate the rights and obligations in connection with the use of the products offered via the website www.velocorner.ch(incl. all subdomains) (together hereinafter "marketplace") and the contractual relationship between TCS velocorner.chand its users (hereinafter: "user" or "member"). These GTC also apply to any other services, local and mobile applications and applications of TCS velocorner.ch as well as their integration into other websites, applications and services.

The user confirms these GTC every time he logs in to the marketplace. TCS velocorner.ch reserves the right to make changes to these GTC at any time and to publish the current version on www.velocorner.ch(or corresponding subdomains). Users will be notified of any significant changes within a reasonable period of time before they come into effect. In doing so, TCS velocorner.ch shall point out the possibility of objection. If a user does not object to the validity of the new GTC after this information, the amended GTC shall be deemed accepted.

2. service description

On www.velocorner.ch dealers or private sellers can advertise new or used bicycle articles, especially vehicles and accessories, and thus offer them to a wide audience online. With TCS velocorner.ch.ch an intermediary platform between supplier (seller) and buyer (buyer) is offered. Users can retrieve advertised objects or contact details of dealers on TCS velocorner.ch.ch free of charge. A user can get in contact with the seller (dealer or private person) on the basis of his published contact details.

TCS velocorner.ch does not offer any items itself and does not become a contractual partner of the contracts concluded exclusively between the users of this marketplace. TCS velocorner.ch, its representatives, employees and auxiliary persons are therefore in no way responsible for the risks associated with the initiation and conclusion of transactions and are in no way liable for any defects and damages.

TCS velocorner.ch is not obliged to control the behavior of its members, users, buyers and sellers in connection with the use of the marketplace. In particular, TCS velocorner.ch is entitled, but not obliged, to check the offers, texts and pictorial representations published on the marketplace by its members or dealers for their legality or other admissibility in any way.

3 Registration / Membership

The use of the TCS velocorner.ch services requires the registration as a user. The registration takes place by opening an account and agreeing to these GTC and the privacy policy (velocorner.ch/policy). With the registration, a contract on the use of the TCS velocorner.ch services (hereinafter: "user contract") is concluded between TCS velocorner.ch and the user. There is no entitlement to the conclusion of a user contract.

The membership is personal and non-transferable. Registration is only permitted to legal entities, partnerships and natural persons with unlimited legal capacity. In particular, persons under 16 years of age may not register for the use of TCS velocorner.ch services.

The data requested by TCS velocorner.ch during registration must be provided completely and correctly. No value-added service number may be given as telephone number and no P.O. Box may be given as address. The registration of a legal entity or partnership may only be made by a natural person authorized to represent, who must be named. When registering natural persons, only single persons may be indicated as holders of the TCS velocorner.ch account (i.e. no married couples or families). In case of changes, the member is obliged to update these immediately in the personal user account, so that the information is complete and correct at all times. TCS velocorner.ch can at any time provide additional information and/or verification for specific functions or waive them. The username to be chosen by the member must not be obscene, derogatory or in any other way offensive. Furthermore, the user name may not contain any reference to an e-mail or Internet address, nor may it infringe the rights of third parties.

4 Beginning and termination of membership
                                                 
The membership begins with the sending of an e-mail confirmation by TCS velocorner.ch after the successful
registration and agreement to these terms and conditions as well as the corresponding privacy policy.

The termination of the membership is possible at any time by sending a notice by e-mail, provided that all following conditions are fulfilled:
- The Member's account balance is balanced, i.e. there is no balance in favor of TCS velocorner.ch.
- The member does not currently offer any products on TCS velocorner.ch.
- The member is currently not involved in a contract negotiation with another user (resp. buyer/seller).

If one of the conditions is not fulfilled, the cancellation is invalid. The customer service of TCS velocorner.ch confirms the cancellation with an e-mail and closes the corresponding account.

TCS velocorner.ch is entitled to exclude a member at any time (i.e. to cancel the membership), to prohibit a use or to discontinue a service for factual reasons, especially in case of disregard of the GTC, without the member concerned being entitled to any claims against TCS velocorner.ch. TCS velocorner.ch is entitled to temporarily block or definitely exclude a member if it seems likely that another already blocked or excluded member (such as family members or housemates) is conducting business via this account, or if there is a reasonable suspicion that the member has violated third party rights.


5. rights and duties of the members

5.1 Secrecy of access data

The member is obliged to keep secret at any time the personal password given to him by TCS velocorner.ch in the course of his registration or created by himself as well as the activation code received by mail and never to disclose or make it accessible to third parties.

5.2 Technical interventions

The use of mechanisms, software or other scripts that could disrupt the proper operation of the website is prohibited.

Members are not allowed to take any measures that could cause an unreasonable or excessive load on the
the infrastructure of TCS velocorner.ch.

Members are prohibited from blocking, overwriting or modifying content generated by TCS velocorner.ch or interfering in any other way with the web pages of TCS velocorner.ch.

5.3 Intellectual property rights of third parties (Intellectual property)

Offers, texts and pictorial representations, which a member publishes on the marketplace in any kind and form (offer descriptions, evaluations, entries etc.) or communicates in any other way via the marketplace, must not violate any intellectual property rights of third parties. The member may only use and publish images and texts on the website that he/she has created him/herself or the use of which has been approved by the rights holder; this also applies in particular to text and image material that is publicly accessible on another website.

5.4 Personal rights of third parties

Offers, texts and images that a member publishes on the marketplace in any form (offer descriptions, ratings, entries, etc.) or communicates in any other way via the marketplace, may not violate any personal rights of third parties; in particular, they may not be offensive, obscene, defamatory, harassing, defamatory, disparaging, discrediting, damaging to reputation, etc.

5.5 No advertising

Offers, texts and pictorial representations which a member publishes on the marketplace in any way or form (offer descriptions, entries, text for e-mails, messages to buyers, etc.) or communicates in any other way via the marketplace may not contain any form of advertising for products which this member is not currently offering or will not be offering in the immediate future via the marketplace.

5.6 Use of content

The information about a seller which can be viewed in an offer or other information which TCS velocorner.ch may transmit in connection with offers may only be used in connection with the respective offer; in particular a use for advertising purposes is prohibited. Furthermore, it is not allowed to use this information for sending newsletters or to pass it on to third parties.

5.7 No conclusion of a contract outside the marketplace

Texts and pictorial representations, which a member publishes on the marketplace in any kind and form (offer, classified ad, entries, etc.), may not be aimed at concluding contracts outside of the marketplace or directly or indirectly invite to do so.

5.8 Prohibition of circumvention of the fee structure

It is forbidden to take actions which serve to circumvent the fee structure of TCS velocorner.ch (e.g. offers with disproportionately high shipping costs).


6. marketplace operation

6.1 Inadmissible offers

TCS velocorner.ch is authorized to prohibit the offering of certain products and product groups on the marketplace at any time at its own discretion and without giving reasons.

6.2 Published contents, offers and bids

TCS velocorner.ch is authorized to delete individual offers as well as text and picture material on the website at any time without further inquiry and without giving reasons. This applies in particular to offers which obviously do not contain serious bids or text or picture material or which could violate the rights of third parties. No claims against TCS velocorner.ch can be derived from such deletions.

6.3 Violations of the GTC by a member

TCS velocorner.ch is authorized to warn a member if there are credible, concrete indications that this member has violated the present GTC. TCS velocorner.ch is especially authorized to warn a member if there are credible, concrete indications that the member has willfully violated his contractual obligations towards another member. The right to exclude a member from the membership remains reserved (see point 4).


7. seller obligations

7.1 Power of disposal over the offered product

The seller may only offer products in respect of which he is authorized to dispose. This means in particular, but is not limited to, that the member is able and entitled to transfer possession and ownership in full and unencumbered to the buyer; that he is authorized to lease an object and that he is authorized to transfer a right.

7.2 No sale of prohibited items

It is forbidden to offer products, the offer, sale, purchase, delivery or use of which could violate legal regulations or morality. TCS velocorner.ch reserves the right to delete offers at any time and to inform the competent authorities or infringing third parties.

7.3 Truthful and complete information about the object of purchase

The seller is obliged to provide truthful, non-misleading and non-unfair information about the offered product, as well as complete information about the details of payment and delivery. All defects of the product or packaging must be stated. This applies in particular to used products.

7.4 No intermediate sale

It is forbidden for the seller to sell the product otherwise or to grant third parties rights to it during the offer period.

7.5 Agency commission / fees

Fee schedule

TCS velocorner.ch charges fees to the seller for offering articles and for the use of additional options. If an article is sold, the seller has to pay a commission to TCS velocorner.ch, which TCS velocorner.ch deducts directly from the sales price. The amount of the individual fees as well as the brokerage commission depends on the current fee schedule.

Payment deadline

TCS velocorner.ch invoices the accrued fees and brokerage commission with the transaction itself. The amount will be deducted directly before payment. TCS velocorner.ch informs the seller by e-mail about the provision of the respective invoice. The seller can retrieve the complete invoice in his TCS velocorner.ch account.

Sellers are in default without further reminder after a period of 30 days after notification of the invoice amount.

Method of payment

The outstanding fees or sales commissions can be paid with the following options via a payment service provider. Depending on the payment method, booking fees of CHF 4.50 may be charged.

- Payment by credit card (Mastercard, Visa or American Express)
- Payment with Apple Pay
- Payment with TWINT
- Payment with PostFinance

Credit card fees in case of reversal

If a payment made by the buyer to TCS velocorner.ch has to be reversed, the buyer shall bear the costs of any credit card commissions that may be incurred in this context and shall only be refunded the purchase price less the corresponding credit card fees.

8. relationship seller-buyer

8.1 General

TCS velocorner.ch does not guarantee that members behave according to the principles of good faith when trading via the marketplace. In particular, TCS velocorner.ch does not guarantee that members fulfill their contractual obligations towards each other.

8.2 Binding nature of the bid

As long as there is no bid, the seller is entitled to delete and thus withdraw his offer. As soon as a bid is received, the seller is bound to the offer.

8.3 Binding nature of the bid

By submitting a bid, the potential Buyer declares the purchase of the offered product under the terms and conditions set by the Seller or individually agreed with the Seller (payment terms, mode of transport, delivery costs, etc.). The buyer is bound to his bid. Modification or withdrawal of a bid is not permitted.

8.4 Conclusion of contract

Upon agreement on the essential elements of the purchase, a binding contract is concluded between the Seller and the Buyer.

The content of the concluded contract is determined by the product description listed by the Seller and the terms and conditions set by the Seller, as they were visible on the offer webpage at the time of the agreement, as well as any agreements between the parties prior to the conclusion of the contract.

The product description is the subject matter of the contract, i.e. the Seller warrants that the product has the characteristics described. If certain information is not to constitute a warranty, the Seller shall state this clearly and unambiguously.

The seller is obliged to grant the buyer possession and unencumbered ownership of the item, free of third party rights, in return for payment of the purchase price. Exclusions of liability in this respect are not permitted. Inadmissible and therefore not part of the contract is a passing on of TCS velocorner.ch fees by the seller to the buyer.

The purchase price is always inclusive of any value added tax, unless the seller delivers the goods directly from abroad. In this case, however, the seller shall be obliged to clearly indicate all additional costs incurred, such as VAT, customs duty, etc.

8.5 Contents of the contract in the absence of deviating conditions

If at the time of the conclusion of the contract no deviating conditions or no clearly different product description of the seller apply and the parties have not agreed otherwise, the following content of the contract shall apply to purchases of goods:

The Seller shall be liable for material defects, i.e. for defects not described, which significantly impair the value or use of the item for its intended use. In particular, in the absence of a clear description to the contrary, the seller is liable for the functionality of a sold device. The risk of loss of the product shall pass to the Buyer when the product is dispatched or when it is handed over to the Buyer.

8.6 Execution of the contract

If the Buyer decides to purchase an advertised product, he makes a down payment of the purchase price to an account specified by TCS velocorner.ch. Upon receipt of the down payment, the purchase contract between the buyer and the seller is concluded.

After receipt of the deposit, the buyer and the seller will contact each other to coordinate the delivery and/or handover of the purchased product. The Buyer has the right to inspect and test the purchased product, insofar as it is a bicycle.

After inspection or testing of the product, the Buyer is entitled to notify the Seller via the platform TCS velocorner.ch within 10 days after the conclusion of the contract that the product does not meet his expectations or the product description of the Seller and he withdraws from the contract.

If the buyer wants to withdraw from the contract, he has to inform TCS velocorner.ch within 10 days after conclusion of the contract about the dissolution of the purchase contract. TCS velocorner.ch shall thereupon refund the purchase price to the Buyer (less the fees stipulated in section 7.5) and shall re-activate the Seller's advertisement.

If TCS velocorner.ch does not receive any notification of withdrawal from the Buyer within 10 days after conclusion of the contract, the Buyer's right of withdrawal shall be deemed forfeited. TCS velocorner.ch shall transfer the purchase price to the seller without further delay (minus the fees specified in section 7.5) and remove the advertisement. The buyer can inform TCS velocorner.ch already before the expiration of the 10 days since conclusion of the contract about the definite adherence to the purchase contract or the renunciation of the assertion of the right of withdrawal, whereby the purchase price (less the fees specified in item 7.5) is already paid out to the seller earlier and the advertisement is removed. This is the case, for example, when the bicycle is handed over. If the bike has been handed over and the handover has been confirmed by the buyer, the buyer has forfeited the right of withdrawal and the payment of TCS velocorner.ch to the seller will be triggered.


9. mobile devices

TCS velocorner.ch can enable its members to access offers and contents of the websites through mobile devices. However, TCS velocorner.ch reserves the right to exclude certain contents, services and functionalities from this, which are only displayed on the websites.

TCS velocorner.ch provides its members with special programs for mobile access to the websites (e.g. iPhone or Android apps), the use of which depends on the agreement to separate terms of use or license.

TCS velocorner.ch has the right to technically edit, prepare and adapt offers and contents of members in such a way that they can also be displayed on mobile devices. The members are aware that the presentation of the offers on the mobile device may differ from that on the website. Nevertheless, the members remain bound to a contract conclusion via mobile device in the same way as if they had concluded the contract via desktop or classic website.

10. data protection

TCS velocorner.ch processes the personal data collected from the members in accordance with the
privacy policy (velocorner.ch/policy).

11 Liability

11.1 General

TCS velocorner.ch is only liable for direct damages caused by an intentional or grossly negligent own action of TCS velocorner.ch. TCS velocorner.ch is explicitly not liable for damages to an advertised article or product and does not assume any warranty for product defects. A liability of TCS velocorner.ch for direct damages in case of slight fault - no matter for which legal reason - is explicitly excluded, subject to mandatory legal provisions. A liability of TCS velocorner.ch for indirect damages or for consequential damages - regardless of the legal reason - is fully and explicitly excluded. As far as a liability of TCS velocorner.ch exists, it is limited in all cases to the proven damage, but at most to the total price to be paid by the customer. All claims of the customer arising from this contract must be asserted by the customer immediately after they have arisen, otherwise they will be forfeited.

If TCS velocorner.ch, despite all due care, cannot fulfill its contractual obligations due to force majeure, such as natural events, armed conflicts, strikes, unforeseen official restrictions, epidemics and pandemics, the Customer shall have no claim to fulfillment of the contract for the duration of the event.

11.2 Technical malfunctions, maintenance

TCS velocorner.ch is only liable for grossly negligent or intentionally caused temporary unavailability of the website, failure of individual or all website functions or malfunctions of the website/marketplace. In particular, TCS velocorner.ch shall not be liable in case of slight negligence for technical problems due to which offers are not accepted or processed, or are accepted or processed late or incorrectly.

In particular, TCS velocorner.ch does not assume any warranty for the conformity of the system time with an officially determined time. The website of TCS velocorner.ch may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons, without the user or the member being entitled to any claims against TCS velocorner.ch as a result.

11.3 Contents and offers

TCS velocorner.ch is not obliged to check the offers and other information published by the members on the marketplace and in particular does not assume any responsibility for:

- the truthful and otherwise correct design of offers
- the quality, safety, legality or availability of products offered
- the ability, authority and will of the individual member with regard to offering, purchasing, delivering or otherwise fulfilling a contract.

11.4 Members and third parties

TCS velocorner.ch is in particular not liable for any damage caused to members or third parties by the behavior of other members or third parties in connection with the use or misuse of the marketplace.

11.5 Linked websites

TCS velocorner.ch does not take any responsibility for the actuality, correctness, legality, completeness or quality of the content of websites that can be reached via links on the websites and excludes any liability in this context.

12. consent to marketing purposes

By creating an account on our platform, the user agrees that velocorner.ch may use the contact details provided to inform the user about offers, news and other marketing activities. This consent can be revoked at any time. A revocation can be made via the contact options provided in our imprint or directly via the unsubscribe link in the respective contact channel.

13. indemnification

If other members, users or third parties assert claims against TCS velocorner.ch due to infringement of their rights by offers or contents published by a member or due to other use of TCS velocorner.ch web pages by members or users, this member or user indemnifies TCS velocorner.ch from all claims and also assumes the costs of legal defense of TCS velocorner.ch (incl. court and lawyer fees).

14. prohibition of set-off

The member is not entitled to set off possible claims against TCS velocorner.ch with claims of TCS velocorner.ch against the member.


15. Severability clause

Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions.

16. Applicable law and place of jurisdiction
 
These GTC shall be governed exclusively by Swiss law, to the exclusion of international conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). 
 
The exclusive place of performance and jurisdiction is at the registered office of velocorner AG.