Conditions générales

1. Champ d'application et validité

These General Terms and Conditions (AGB) of velocorner AG, Merlachfeld 215, 3280 Murten, Switzerland (hereinafter "TCS velocorner.ch") as well as the provisions declared binding alongside these AGB, particularly the Privacy Policy (velocorner.ch/en/privacy-policy), govern the rights and obligations arising from the use of the products offered via the website www.velocorner.ch (including all subdomains) ("Marketplace") and the contractual relationship between TCS velocorner.ch and its users (hereinafter: "User" or "Member"). These AGB also apply to any further 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 AGB anew each time they log in to the Marketplace. TCS velocorner.ch reserves the right to make changes to these AGB at any time and to publish the current version on www.velocorner.ch (or respective subdomains). Significant changes will be communicated to Users within a reasonable period prior to their entry into force, with TCS velocorner.ch informing Users of the possibility to object. If a User does not object after this information, the amended AGB shall be deemed accepted.

2. Description des prestations

On www.velocorner.ch, dealers or private sellers can list new or used bicycle items, especially vehicles and accessories, and offer them online to a broad public. TCS velocorner.ch provides a mediation platform between provider (seller) and demander (buyer). Users can freely access listed items or contact details of dealers on TCS velocorner.ch. A User can contact the seller (dealer or private person) using the published contact details.

TCS velocorner.ch does not offer any products itself and is not a contracting party to contracts concluded exclusively between users of this marketplace. TCS velocorner.ch, its representatives, employees and auxiliary personnel are therefore in no way responsible for the risks associated with initiating and concluding transactions and bear no liability whatsoever for any defects or damages.

TCS velocorner.ch is not obliged to monitor 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 review the offers, texts and pictorial representations published by its members or dealers on the Marketplace for legality or any other admissibility.

3. Inscription / adhésion

The use of the TCS velocorner.ch services requires registration as a User. Registration is carried out by opening an account with consent to these AGB and the Privacy Policy (velocorner.ch/policy). Upon registration, a contract for the use of the TCS velocorner.ch services (hereinafter: "Usage Contract") comes into effect between TCS velocorner.ch and the User. There is no entitlement to conclude a Usage Contract.

The membership is personal and non-transferable. Registration is permitted only for legal entities, partnerships, and naturally fully capable individuals. In particular, persons under 16 years of age may not register for the use of the TCS velocorner.ch services.

The data requested by TCS velocorner.ch during registration must be provided completely and correctly. A telephone number may not be a premium-rate number and an address may not be a P.O. box. Registration by a legal entity or partnership may only be performed by a natural person authorized to represent it, who must be named explicitly. When registering natural persons, only individual persons may be listed as holders of the TCS velocorner.ch account (i.e., no couples or families). In case of changes, the Member is obligated to update them immediately in their personal user account so that the information remains complete and correct at all times. TCS velocorner.ch may at any time require additional information and/or verifications for specific functions or waive them. The username chosen by the Member must not be obscene, derogatory or otherwise offensive. The username must not contain any reference to an email or internet address nor infringe third-party rights.

4. Début et fin de l'adhésion

The membership begins with the sending of a confirmation email by TCS velocorner.ch after successful registration and consent to these AGB and the corresponding Privacy Policy.

The termination of membership is possible at any time by email cancellation, provided all of the following conditions are met:

• The member's account balance is settled, i.e., there is no outstanding credit due to TCS velocorner.ch.
• The member is not currently offering any products on TCS velocorner.ch.
• The member is not currently involved in a contract negotiation with another user (i.e., buyer/seller).

If any one of these conditions is not met, the cancellation is invalid. TCS velocorner.ch customer service confirms the cancellation via email and closes the corresponding account.

TCS velocorner.ch is entitled to exclude a member at any time for valid reasons, particularly for violation of these AGB, to prohibit usage, or to discontinue a service, without any claims arising against TCS velocorner.ch from this. TCS velocorner.ch is entitled to temporarily suspend or permanently exclude a member if it appears likely that another already suspended or excluded member (e.g., family members or household associates) is conducting business through this account, or if there is a justified suspicion that the member has violated third-party rights.

5. Droits et obligations des membres

5.1. Confidentialité des données d'accès

The Member is obligated to keep the password assigned by TCS velocorner.ch during registration or self-created, as well as the activation code received by post, confidential at all times and never disclose or make accessible to third parties.

5.2. Interventions techniques

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

Members must not take measures that could result in an unreasonable or excessive burden on the infrastructure of TCS velocorner.ch.

It is prohibited for Members to block, overwrite, modify or otherwise interfere with content generated by TCS velocorner.ch on its websites.

5.3. Droits de propriété intellectuelle de tiers

Offers, texts and pictorial representations which a Member publishes on the Marketplace in any form (offer descriptions, reviews, entries, etc.) or communicates via the Marketplace must not violate any third-party intellectual property rights. The Member may only use and publish images and texts on the website which they have created themselves or for whose use the rights holder has granted permission; this applies in particular to text and image material publicly available on other websites.

5.4. Droits de la personnalité de tiers

Offers, texts and pictorial representations which a Member publishes on the Marketplace in any form (offer descriptions, reviews, entries, etc.) or communicates via the Marketplace must not violate any third-party personality rights; in particular, they must not be offensive, obscene, defamatory, harassing, libelous, disparaging, demeaning, damaging to reputation, etc.

5.5. Pas de publicité

Offers, texts and pictorial representations which a Member publishes on the Marketplace in any form (offer descriptions, entries, text for emails, messages to buyers, etc.) or communicates via the Marketplace must not contain any form of advertising for products which this Member does not currently or in the immediate future offer on the Marketplace.

5.6. Utilisation du contenu

The information visible in an offer regarding a seller or other information that TCS velocorner.ch may provide in connection with offers may only be used in connection with the respective offer; in particular, use for advertising purposes is prohibited. It is also not permitted to use this information for sending newsletters or to disclose it to third parties.

5.7. Aucune conclusion de contrat en dehors de la place de marché

Texts and pictorial representations which a Member publishes on the Marketplace in any form (offer, classified ad, entry, etc.) must not aim at or directly or indirectly encourage contract conclusion outside the Marketplace.

5.8. Interdiction de contourner la structure de frais

It is prohibited to perform actions designed to circumvent the fee structure of TCS velocorner.ch (e.g., offers with disproportionately high shipping costs).

6. Fonctionnement de la place de marché

6.1. Offres interdites

TCS velocorner.ch is entitled to prohibit at any time, at its sole discretion and without stating reasons, the offering of certain products and product groups on the Marketplace.

6.2. Contenus publiés, offres et enchères

TCS velocorner.ch is entitled to delete individual offers as well as text and image material on the website at any time without consultation and without stating reasons. This applies in particular to offers containing obviously insincere bids or insincere text or image material or which may violate third-party rights. No claims against TCS velocorner.ch may be derived from such deletions.

6.3. Violations des CGV par un membre

TCS velocorner.ch is entitled to issue a warning to a Member if credible, concrete indications exist that this Member has violated the present AGB. TCS velocorner.ch is particularly entitled to warn a Member if credible, concrete indications exist that the Member has intentionally violated their contractual obligations towards another Member. The right to exclude a Member from membership remains reserved (see Sect. 4).

7. Obligations du vendeur

7.1. Pouvoir de disposition sur le produit proposé

The seller may only offer products concerning which they have the right of disposal. This means, without limitation, that the Member is capable and entitled to transfer full and unencumbered possession and ownership to the buyer; that they are entitled to lease an object; and that they are authorized to transfer a right.

7.2. Aucune vente d'articles interdits

It is forbidden to offer products whose offering, sale, purchase, distribution or use could violate statutory regulations or good morals. TCS velocorner.ch reserves the right at all times to delete offers and inform the relevant authorities or injured third parties.

7.3. Informations véridiques et complètes sur la marchandise

The seller is obligated to make truthful, non-misleading and non-deceptive statements about the offered product and to fully inform about the details of payment and delivery. All defects of the product or packaging must be disclosed. This applies in particular to used products.

7.4. Aucune revente intermédiaire

It is prohibited for the seller to dispose of the listed product elsewhere or grant third parties rights to it during the offer period.

7.5. Commission de médiation / Frais

Barème des frais

TCS velocorner.ch charges fees from the seller for offering items and for the use of additional options. If an item is sold, the seller must pay a mediation commission to TCS velocorner.ch, which TCS velocorner.ch deducts directly from the sales price. The amount of individual fees and the mediation commission is determined according to the current fee schedule.

Délai de paiement

TCS velocorner.ch invoices the incurred fees and mediation commissions directly with the transaction. The amount is deducted directly before payout. TCS velocorner.ch informs the seller via email about the availability of the respective invoice. The full invoice can be retrieved by the seller in their TCS velocorner.ch account.

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

Moyens de paiement

Outstanding fees or sales commissions may be paid via the following methods through a payment service provider. Depending on the payment method, transaction 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

Frais de carte de crédit en cas de rétrofacturation

If a payment from the buyer to TCS velocorner.ch must be reversed, the buyer bears the costs of any applicable credit card fees and receives only the purchase price minus the corresponding credit card fees back.

8. Relation vendeur-acheteur

8.1. Généralités

TCS velocorner.ch does not guarantee that members conduct trade via the Marketplace in accordance with the principles of good faith. TCS velocorner.ch does not guarantee in particular that members fulfill their contractual obligations towards each other.

8.2. Liabilité de l'offre

As long as no bid is placed, the seller is entitled to delete their offer and thereby withdraw it. Once a bid is placed, the seller is bound to the offer.

8.3. Liabilité de l'enchère

By placing a bid, the potential buyer declares their intent to purchase the offered product under the conditions set by the seller or individually agreed upon (payment terms, transport method, shipping costs, etc.). The buyer is bound to their bid. Modification or withdrawal of a bid is not permitted.

8.4. Conclusion du contrat

A binding contract comes into existence between the seller and buyer upon agreement on the essential elements of the purchase.

The content of the concluded contract is determined by the product description provided by the seller and the conditions set by them, as visible on the offer page at the time of agreement, as well as any prior agreements between the parties.

The product description constitutes part of the contract, i.e., the seller guarantees that the product possesses the described properties. If certain statements are not intended as assurances, the seller must clearly and unambiguously indicate this.

The seller is obligated to deliver possession and unencumbered, third-party-rights-free ownership of the item to the buyer upon payment of the purchase price. Any exclusion of liability in this regard is not permissible. It is impermissible and thus not part of the contract for the seller to pass on TCS velocorner.ch fees to the buyer.

The purchase price always includes any applicable VAT unless the seller delivers the goods directly from abroad. In such cases, however, the seller is obligated to clearly indicate all additional costs such as VAT, customs duties, etc.

8.5. Contenu du contrat en l'absence de conditions divergentes

In the absence of deviating conditions or a clearly different product description by the seller and absent any other agreement between the parties, the following contract content applies to goods purchases:

The seller is liable for material defects, i.e., for undisclosed defects that significantly impair the value or usability of the item for its intended purpose. In particular, the seller is liable, in the absence of a clearly differing description, for the functionality of a sold device. Risk of loss passes to the buyer upon dispatch or handover.

8.6. Exécution du contrat

If the buyer decides to purchase a listed product, they make an advance payment of the purchase price to an account specified by TCS velocorner.ch. Upon receipt of the advance payment, the sales contract between buyer and seller comes into effect.

After receipt of the advance payment, buyer and seller contact each other to coordinate delivery and/or handover of the purchased product. The buyer has the right to inspect and examine the purchased product, provided it is a bicycle.

Following inspection or examination of the product, the buyer is entitled to notify the seller via the TCS velocorner.ch platform within 10 days of contract formation that the product does not meet their expectations or the seller’s product description and that they wish to rescind the contract.

If the buyer wishes to rescind the contract, they must inform TCS velocorner.ch within 10 days of contract formation of the dissolution of the sales contract. TCS velocorner.ch will then refund the purchase price to the buyer (minus the fees defined in Sect. 7.5) and reactivate the seller’s listing.

If TCS velocorner.ch does not receive notification from the buyer within 10 days of contract formation regarding rescission, the buyer’s right of rescission is deemed waived. TCS velocorner.ch will then transfer the purchase price without further delay to the seller (minus the fees defined in Sect. 7.5) and remove the listing.

The buyer may inform TCS velocorner.ch prior to the expiration of the 10-day period since contract formation of their definitive intention to proceed with the contract or waive the right of rescission, whereby the purchase price (minus the fees defined in Sect. 7.5) will be paid out earlier to the seller and the listing removed. This applies, for example, upon handover of the bicycle. If the bicycle has been handed over and the handover confirmed by the buyer, the buyer has forfeited the right of rescission and the payout from TCS velocorner.ch to the seller is triggered.

9. Terminaux mobiles

TCS velocorner.ch may enable its members to access offers and content of the websites via mobile devices. TCS velocorner.ch reserves the right to exclude certain content, services, and functionalities from mobile access, which are displayed only 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 is subject to separate terms of use or license agreements.

TCS velocorner.ch has the right to technically process, prepare, and adapt offers and content from members so that they can be displayed on mobile devices. Members are aware that the display of offers on mobile devices may differ from that on the website. Nevertheless, members remain bound by a contract concluded via mobile devices in the same manner as if they had concluded the contract via desktop or classic website.

10. Protection des données

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

11. Responsabilité

11.1. Générale

TCS velocorner.ch is liable only for direct damages resulting from intentional or grossly negligent acts by TCS velocorner.ch. TCS velocorner.ch expressly does not assume liability for damage to listed articles or products and provides no warranty for product defects. Liability of TCS velocorner.ch for direct damages due to slight negligence — regardless of legal basis — is expressly excluded, subject to mandatory statutory provisions. Liability of TCS velocorner.ch for indirect damages or consequential damages — regardless of legal basis — is fully and expressly excluded. Where liability of TCS velocorner.ch exists, it is in all cases limited to the proven damage, but at most to the total price paid by the customer. All claims of the customer arising from this contract must be asserted by the customer immediately upon occurrence, otherwise they lapse.

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 governmental restrictions, epidemics, and pandemics, the customer has no claim for performance during the duration of the event.

11.2. Pannes techniques, maintenance

TCS velocorner.ch is liable only for temporary unavailability of the website, failure of individual or all website functions, or malfunction of the website/marketplace caused by gross negligence or intentional acts by TCS velocorner.ch. In particular, TCS velocorner.ch is not liable for technical problems due to slight negligence causing offers to be not accepted, delayed, or processed incorrectly.

TCS velocorner.ch does not guarantee the accuracy of the system clock time compared to officially defined time. The TCS velocorner.ch website may be temporarily unavailable or restricted due to maintenance or other reasons, without any claims against TCS velocorner.ch arising for the user or member.

11.3. Contenus et offres

TCS velocorner.ch is not obligated to verify offers and other information published by members on the Marketplace and assumes no responsibility whatsoever for:

• the truthful and otherwise correct formulation of offers
• the quality, safety, legality or availability of offered products
• the ability, authority, and willingness of individual members regarding offering, purchasing, delivering, or otherwise fulfilling contracts.

11.4. Membres et tiers

TCS velocorner.ch is particularly not liable for damages suffered by members or third parties due to the behavior of other members or third parties in connection with the use or misuse of the Marketplace.

11.5. Sites web liés

TCS velocorner.ch assumes no responsibility for the timeliness, accuracy, legality, completeness, or quality of the content of websites reachable via links on the websites and excludes any liability in this context.

12. Consentement marketing

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

13. Exonération

If other members, users or third parties assert claims against TCS velocorner.ch due to violations of their rights by offers or content published by a member or due to other use of the TCS velocorner.ch websites by members or users, such member or user shall indemnify TCS velocorner.ch against all claims and cover the costs of TCS velocorner.ch’s legal defense (including court and attorney fees).

14. Interdiction de compensation

The Member is not entitled to offset any claims against TCS velocorner.ch with claims of TCS velocorner.ch against the Member.

15. Clause salvatrice

If any provision of these AGB is or becomes wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. Invalid and/or ineffective provisions shall be replaced by provisions that come closest economically and legally to the purpose and intent of the invalid and/or ineffective provisions. The same applies in case of any gaps in regulation.

16. Droit applicable et for juridique

These AGB are subject exclusively to Swiss law, excluding international conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of performance and jurisdiction is the registered office of velocorner AG.