Terms and Conditions (T&C)

1. Scope and Validity

These General Terms and Conditions (GTC) of velocorner AG, Merlachfeld 215, 3280 Murten, Switzerland, as well as the provisions declared binding alongside these GTC—in particular the Privacy Policy (velocorner.ch/ policy), exclusively govern the use of the online marketplace www.velocorner.ch (including all subdomains) for the purchase and sale of bicycles and other bicycle-related items between third parties, i.e., private sellers, specialty retailers (hereinafter also: “Retailers” or “Sellers”), and buyers (hereinafter also referred to as “Users” or “Members”). They apply accordingly to all other services in connection with the TCS velocorner.ch online marketplace, even if these are integrated into other websites, applications, and services.

Special shop terms and conditions apply to the sale of accessories and parts by TCS.ch velocorner to end customers (available at velocorner.ch/tc-brandstores).

By registering, the user accepts the currently valid version of these Terms and Conditions. Any changes will be communicated in an appropriate manner. If the user continues to use the platform after the changes take effect, this shall be deemed consent, unless otherwise required by mandatory legal provisions.

2. Scope of Work

At www.velocorner.ch, retailers and private sellers can list new or used bicycle items—particularly bicycles—and offer them online to a wide audience. Users can freely browse the listed items and, after registering and reserving an item, contact the seller.

TCS velocorner.ch provides private sellers only with the platform and booking infrastructure.

For commercial sellers (specialty retailers), TCS also provides a technical infrastructure on velocorner.ch to facilitate contract processing.

In all cases, the purchase agreement is entered into exclusively between the buyer and the seller; TCS velocorner is not a party to the purchase agreement and is not liable for the fulfillment of the obligations of the buyer and seller.

TCS velocorner is under no obligation to monitor the conduct of sellers, customers, and other users. In particular, it is entitled, but not obligated, to verify the legality or other admissibility of offers, texts, and images published by third parties.

3. Registration

To use the services of TCS velocorner.ch, such as selling items on the marketplace, you must register as a user. Registration is completed by opening an account and agreeing to the Terms and Conditions and the Privacy Policy (velocorner.ch/policy). Registration constitutes the conclusion of a contract for the use of the platform’s services. There is no entitlement to the conclusion of such a user agreement.

The agreement governing the use of the platform is personal and non-transferable. Registration, as well as the purchase and sale of bicycles, is reserved for legal entities, partnerships, and individuals aged 18 or older. Individuals under the age of 18 may only register with the express consent of their legal guardian, provided that TCS velocorner.ch permits this.

The information requested by TCS velocorner.ch during registration must be provided completely and accurately. A phone number must not be a premium-rate number, and an address must not be a P.O. box. Registration by a legal entity or partnership may only be carried out by a natural person authorized to act on its behalf, who must be named. When registering natural persons, only individual persons may be listed as account holders (i.e., no couples or families).

If any changes occur, the user is required to update them immediately in their personal user account to ensure that the information remains complete and accurate at all times. velocorner.ch may at any time require additional information and/or verification for certain functions or waive such requirements. The chosen username must not be obscene, derogatory, or otherwise offensive. The username must not contain any reference to an email or web address and must not infringe upon the rights of third parties.

4. Commencement and Termination of the Agreement for the Use of TCS velocorner.ch

The contractual relationship is established upon the sending of a confirmation email, which the user receives after successfully registering and agreeing to these Terms and Conditions and the Privacy Policy.

The contract may be terminated at any time by email or using the account deletion feature provided for this purpose. TCS velocorner.ch may postpone the account closure as long as there are active offers, ongoing transactions, outstanding claims, or legal retention obligations. If any of these conditions are not met, the termination is invalid. The velocorner.ch customer service team will confirm the termination via email and close the corresponding account.

velocorner.ch is entitled to suspend a user at any time for good cause, in particular for violating these Terms and Conditions, to prohibit use, or to discontinue a service, without this giving rise to any claims against velocorner.ch. velocorner.ch is entitled to temporarily suspend or permanently exclude a user if it appears likely that another user who has already been suspended or excluded (e.g., family members or household members) is conducting transactions through this account, or if there is reasonable suspicion that the user has infringed upon the rights of third parties.

5. Users' Rights and Obligations

5.1. Confidentiality of Login Credentials

The user is required to keep their login credentials and any other security features confidential and must never disclose them to third parties or make them accessible to them.

5.2. Technical Interventions

The use of mechanisms, software, or other scripts that could interfere with the proper operation of the website is prohibited. Users may not take any actions that could result in an unreasonable or excessive load on the infrastructure of TCS velocorner.ch. Members are prohibited from blocking, overwriting, modifying, or otherwise interfering with content generated by TCS velocorner.ch on their websites.

5.3. Third-Party Intellectual Property Rights

Offers, texts, and images that a user publishes on the marketplace in any form (offer descriptions, reviews, listings, etc.) or communicates via the marketplace must not infringe upon the intellectual property rights of third parties. The user may only use and publish on the website images and texts that they have created themselves or for which the rights holder has granted permission; this applies in particular to text and image material publicly accessible on other websites.

5.4. Third-Party Rights of Personality

Offers, texts, and images that a user publishes or communicates in any form on the marketplace must not infringe upon the personal rights of third parties; in particular, they must not be offensive, obscene, defamatory, harassing, libelous, disparaging, degrading, or damaging to reputation, etc.

5.5. No Advertising

Any offers, text, or images that a user publishes or shares on the marketplace in any form must not contain any advertising for products that the user is not currently offering on the marketplace or does not intend to offer in the near future.

5.6. Use of Content

The information about a seller contained in an offer, or any other information provided by velocorner.ch, may only be used in connection with the specific offer; in particular, its use for advertising purposes is prohibited. Furthermore, it is not permitted to use this information for personal purposes, such as sending newsletters, or to disclose it to third parties.

5.7. Prohibition on Circumventing the Fee Structure

Actions that are intended exclusively or primarily to circumvent the platform’s fee or commission structure are prohibited. However, the following remain permitted: contact between the buyer and the private seller; conducting viewings, test drives, and handover; and—if provided for by the platform—direct payment of the balance to the private seller.

6. Marketplace Operations

6.1. Prohibited Offers

velocorner.ch reserves the right, at any time, at its sole discretion, and without providing a reason, to prohibit the offering of certain products and product categories on the marketplace.

6.2. Published Content, Offers, and Bids

velocorner.ch reserves the right to remove individual listings, as well as text and image content, from the website at any time without prior notice and without providing a reason. This applies in particular to listings that contain obviously frivolous content or frivolous text and image material, or that could infringe on the rights of third parties. No claims against velocorner.ch may be derived from such removals.

6.3. Violations of the Terms and Conditions

TCS velocorner.ch is entitled to issue a warning to a user if there is credible, concrete evidence that the user has violated these Terms and Conditions. In particular, TCS velocorner.ch is entitled to issue a warning to a user if there is credible, concrete evidence that the user has intentionally breached their contractual obligations toward another user. The right to exclude a user from the platform is reserved (see Section 4).

7. Seller’s Obligations

7.1. Control over the product being offered

The seller may only offer products over which he has the right of disposal. This means, without limitation, that he is capable and authorized to transfer full and unencumbered possession and ownership to the buyer.

7.2. No sale of prohibited items

It is prohibited to offer products whose listing, sale, purchase, distribution, or use could violate legal regulations or public decency. TCS velocorner.ch reserves the right at any time to remove listings and to notify the relevant authorities or affected third parties.

7.3. Accurate and complete information about the article

The seller is required to provide truthful, non-misleading, and non-deceptive information about the product being offered and to fully disclose the payment and delivery terms. Any defects in the product or packaging must be disclosed. This applies in particular to used products.

7.4. No prior sale

The seller is prohibited from selling the listed product elsewhere or granting rights to it to third parties during the listing period.

7.5. Payment / Fees

Schedule of Fees

When reserving items offered by private sellers, the buyer pays a reservation deposit of 20% of the purchase price. This reservation deposit is applied toward the purchase price. The remaining purchase price can be paid—depending on the payment options offered on the platform—either through the platform or directly to the private seller. Any platform fees, service fees, and brokerage commissions are based on the currently published fee schedule (https://velocorner.ch/en/sell).

For items offered by specialty retailers, the buyer pays the full purchase price at checkout. TCS velocorner.ch receives a fee from the retailer in accordance with a separate agreement.

Payment terms

TCS velocorner.ch charges the applicable fees and commission directly against the purchase price (or portion thereof). If payment is made in full online, the corresponding amount is deducted before the funds are disbursed to the seller. TCS velocorner.ch notifies the seller via email when the invoice is available. The seller can view the full invoice in their TCS velocorner.ch account.

Payment Methods

All payments can be made through a payment service provider using the following methods. Depending on the payment method, transaction fees of CHF 4.50 may apply.

• Payment by credit card (Mastercard, Visa, or American Express)
• Payment with Apple Pay or Google Pay
• Payment with TWINT
• Payment with PostFinance
• (Payment via HeyLight)

Credit card fees in the event of a chargeback

If a payment made by the buyer to TCS velocorner.ch must be reversed for reasons attributable to the buyer, the buyer shall bear the costs of any credit card fees incurred and will receive only the purchase price minus the corresponding credit card fees. If this occurs for reasons attributable to the seller, such as a bicycle that has already been sold, the seller shall bear the corresponding credit card fees and administrative expenses, plus a fee of CHF 35.

8. Legal Relationship Between the Buyer and the Seller

8.1. General Information

TCS velocorner.ch does not guarantee that users will conduct transactions on the marketplace in good faith. In particular, TCS velocorner.ch does not guarantee that users will fulfill their mutual contractual obligations.

8.2. Non-binding nature of the offer

Until a reservation has been made or full payment has been received (for seller listings), the seller is entitled to remove the item and thereby withdraw the listing. Once a reservation has been made or (for seller listings) full payment has been received, the seller is bound by the listing.

8.3. Binding Nature of the Bid

By placing a reservation or making full payment (for offers from merchants), the buyer indicates their intention to purchase the product being offered under the terms and conditions set by the seller or individually agreed upon (payment terms, shipping method, shipping costs, etc.). Reservations for items offered by private sellers may be modified or canceled prior to payment.

Once full payment has been made, the buyer is bound by the contract.

8.4. Conclusion of the Contract

A binding contract is formed between the seller and the buyer upon agreement on the essential terms of the sale. The content of the contract is determined by the product description provided by the seller and the terms and conditions set by the seller, as displayed on the offer page at the time of agreement, as well as by any prior agreements between the parties. The product description is an integral part of the contract, meaning that the seller warrants that the product possesses the described characteristics. If certain statements are not intended as warranties, the seller must clearly and unambiguously indicate this.

The seller is obligated to transfer to the buyer, upon payment of the purchase price, possession of the item and unencumbered ownership thereof, free from any third-party rights. Any disclaimer of liability in this regard is not permitted. It is impermissible to pass on fees to the buyer, and such a provision may not be agreed upon in the contract.

The purchase price always includes any applicable sales tax, unless the seller ships the goods directly from abroad. In such cases, however, the seller is required to clearly itemize all additional costs, such as sales tax, customs duties, etc.

8.5. Terms of the Agreement in the Absence of Deviating Terms

In the absence of deviating terms and conditions, a significantly different product description, or a specific agreement between the parties, and unless otherwise agreed upon by the parties, the following terms and conditions shall apply to the purchase of goods:

• The seller is liable for material defects, i.e., for undisclosed defects that significantly reduce the value or suitability of the item for its intended use.
• In particular, unless the description clearly states otherwise, the seller is liable for the functionality of a product sold.
• The risk of loss passes to the buyer upon shipment or delivery.

8.6. Formation and Performance of the Contract

If the buyer decides to purchase or reserve a listed product, they must pay the full purchase price (in the case of a dealer, possibly with the help of third-party financing) or the advance payment (in the case of a private seller) into an account specified by TCS velocorner.ch.

The purchase agreement between the buyer and the seller becomes effective upon receipt of full payment (for merchants) or advance payment (for private sellers). After receipt, the buyer and seller will contact each other to coordinate the delivery and/or handover of the purchased product.

In the case of an instant purchase from a merchant, the seller must accept the order and, depending on the order type, either ship the product or make it available for pickup at their store.

8.7. Right of Withdrawal When Purchasing from Private Sellers

In the case of partial advance payment for offers from private sellers, the buyer has the right to inspect and examine the purchased product, provided it is a bicycle. Any opportunities for viewing, consultation, test rides, or demonstrations for dealer offers are governed exclusively by the respective dealer’s offer and the dealer’s terms and conditions. After inspecting or testing the product, the buyer is entitled to notify the private seller via the TCS velocorner.ch platform within 10 days of the contract’s conclusion that the product does not meet their expectations or the seller’s product description and that they wish to withdraw from the contract. If the buyer wishes to withdraw from the contract, they must notify TCS velocorner.ch of the termination of the purchase contract within 10 days of the contract’s conclusion. TCS velocorner.ch will then refund the purchase price to the buyer (minus the fees defined in Section 7.5) and reactivate the seller’s listing. If TCS velocorner.ch does not receive any notification from the buyer regarding withdrawal within 10 days of the conclusion of the contract, the buyer’s right of withdrawal is deemed forfeited. TCS velocorner.ch will then transfer the purchase price to the seller without further delay (minus the fees defined in Section 7.5) and remove the offer. The buyer may inform TCS velocorner.ch before the expiration of the 10-day period following the conclusion of the contract of their definitive intention to continue with the contract or to waive the right of withdrawal, whereby the purchase price (minus the fees defined in Section 7.5) will be paid to the seller earlier and the listing will be removed. This applies, for example, upon delivery of the bicycle. Once the bicycle has been handed over and the handover has been confirmed by the buyer, the buyer forfeits the right of withdrawal and TCS velocorner.ch initiates the payment to the seller.

8.8. No Right of Withdrawal for Dealer Offers

In the case of full payment or immediate payment for retailer offers, the buyer has no right to cancel, withdraw, or rescind the transaction with respect to TCS velocorner AG as of the time the payment is completed via velocorner.ch. From that point on, all inquiries must be directed to the relevant retailer. The retailer’s respective terms and conditions apply to cancellations, withdrawals, or rescissions.

9. Use of Mobile Devices

TCS velocorner.ch may provide its members with access to offers and content on the websites via mobile devices. TCS velocorner.ch reserves the right to exclude certain content, services, and features that are only available on the websites from mobile access. 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 edit, format, and adapt members’ offers and content 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 a desktop or the classic website.

10. Privacy Policy

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

11. Liability

11.1. General Information

TCS velocorner.ch expressly disclaims any liability for damage to items or products listed and sold by third parties and provides no warranty for product defects.

TCS velocorner.ch is liable only for direct damages resulting from intentional or grossly negligent breaches of its own obligations in connection with the provision and operation of the online marketplace. TCS velocorner.ch’s liability for damages arising from ordinary negligence—regardless of the legal basis—is expressly excluded, subject to mandatory statutory provisions. To the extent that TCS velocorner.ch is liable, such liability is in any case limited to the proven damage. All claims by the customer arising from this contract must be asserted by the customer immediately upon their occurrence; otherwise, they shall lapse.

If, despite exercising due care, TCS velocorner.ch is unable to fulfill its contractual obligations due to force majeure, such as natural disasters, armed conflicts, strikes, unforeseen governmental restrictions, epidemics, and pandemics, the customer shall have no claim to performance for the duration of the event.

11.2. Technical Issues, Maintenance

TCS velocorner.ch is liable only for the temporary unavailability of the website, the failure of individual or all website functions, or malfunctions of the website/marketplace caused by gross negligence or intentional acts on the part of TCS velocorner.ch. In particular, TCS velocorner.ch is not liable for technical problems resulting from slight negligence that cause offers to be rejected, delayed, or processed incorrectly. TCS velocorner.ch does not guarantee the accuracy of the system time compared to the officially defined time. The TCS velocorner.ch website may be temporarily unavailable or restricted due to maintenance work or other reasons, without this giving rise to any claims by the user or member against TCS velocorner.ch.

11.3. Content and Offers

TCS velocorner.ch is not obligated to review offers and other information published by third parties on the online marketplace and assumes no responsibility for:

• the truthful and otherwise accurate wording of offers
• the quality, safety, legality, or availability of the products offered
• the ability, authority, and willingness of individual members to offer, purchase, deliver, or otherwise fulfill contracts.

11.4. Users and Third Parties

In particular, TCS velocorner.ch shall not be liable for any damages incurred by users or third parties as a result of the conduct of other members or third parties in connection with the use or misuse of the marketplace.

11.5. Linked Websites

TCS velocorner.ch assumes no responsibility for the timeliness, accuracy, legality, completeness, or quality of the content on websites accessible via links on its websites, and disclaims all liability in this regard.

12. Marketing Consent

By creating an account on our platform, the user agrees that TCS velocorner.ch may use the contact information provided, in accordance with the Privacy Policy, to inform the user about offers, news, and for other marketing purposes. This consent to use the information for marketing purposes may be revoked at any time. Consent may be revoked using the contact information provided in our legal notice or directly via the unsubscribe link in the respective communication channel.

13. Indemnification

If other users or third parties assert claims against TCS velocorner.ch on the grounds that their rights have been infringed by published offers or content or by any other use of the TCS velocorner.ch websites, such user shall indemnify TCS velocorner.ch against all such claims and shall bear the costs of TCS velocorner.ch’s legal defense (including court and attorney’s fees).

14. Prohibition on Offsetting

The user is not permitted to offset any claims against TCS velocorner.ch against claims that TCS velocorner.ch may have against the user.

15. Severability Clause

If any provision of these Terms and Conditions is or becomes invalid and/or unenforceable in whole or in part, the validity and/or enforceability of the remaining provisions or parts thereof shall remain unaffected. Invalid and/or unenforceable provisions shall be replaced by provisions that most closely approximate the economic and legal purpose and intent of the invalid and/or unenforceable provisions. The same applies in the event of gaps in the provisions.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed exclusively by Swiss law, to the exclusion of international conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of performance and venue is the registered office of velocorner AG.