GENERAL TERMS & CONDITIONS

Below you will find the Terms and Conditions that apply to the use of our auction site/platform and to making a purchase via this site/ platform whereby PISTON ADDICT SA is merely acting as an intermediary platform.

PISTON ADDICT SA established under the laws of Switzerland, registered at address Rue Alexandre Gavard 16, 1227 Carouge, Switzerland with the IDE registration number CHE-354.351.695 operates a platform on https://pistonaddict.com/ (‘’Platform’’) allowing both individuals (‘’Consumers’’) and professionals to offer goods for sale and put them in touch with potential buyers wishing to get involved. Piston Addict activities occurs worldwide with a main focus in Europe, except UK and Ireland.

The purpose of these conditions is to define your rights and obligations when you access and use the platform, whether as a buyer or a seller, in your relations with PISTON ADDICT SA.

We reserve the right to modify these conditions at any time, in which case you will be informed when you access the platform or by sending an email to the address indicated when you registered.

Access and use of the Platform constitute acceptance of the conditions in force, of our confidentiality policy available here as well as any special conditions that may apply.

DEFINITIONS:

1. PISTON ADDICT SA, rue Alexandre Gavard 16, 1227 Carouge, Switzerland. Platform: https://pistonaddict.com/
2. Auction: the internet auction held purely via the website of PISTON ADDICT SA.
3. Bidder: the participant in an Auction.
4. Buyer: the Bidder with whom a sales contract has been concluded.
5. Buying Member: a Bidder and/or Buyer who has registered on the Platform.
6. Consumer: a natural person who acts for purposes that are outside his business or professional activity.
7. Distance contract: a contract between the commercial/professional selling Member and the Consumer via the platform within the framework of an organized system for distance selling of goods, whereby up to and including the conclusion of the agreement making exclusively or partly use of one or more techniques for communication at a distance.
8. Goods: the good (singular)/the goods (plural) that can be offered for sale through the Platform.
9. Member: a Participant who has registered on the Platform.
10. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions. Annex I does not need to be made available if the Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order.
11. Offeror: the participant who is offering for sale by Auction.
12. Participant : All parties including Bidders, Users, Offerors, Buyers and Sellers who make use of PISTON ADDICT SA’s Platform in any way.
13. Platform : de website at https://pistonaddict.com/ operated by PISTON ADDICT SA.
14. Reflection period or Cooling-off period : the period of time during which the Consumer can make use of his right of withdrawal.
15. Remuneration : Any payment due in accordance with art. 6.
16. Right of withdrawal: the option of the Consumer to waive the distance contract within the Cooling-off period.
17. Sales contract or Contract: a contract concluded between a Buyer and a Seller.
18. Seller: the Offeror with whom a sales contract has been concluded.
19. Selling Member: an Offeror and/or Seller who has registered on the Platform.
20. Terms and Conditions : these terms and conditions.
21. User: the participant in an Internet Auction, who uses the website of PISTON ADDICT SA.

 

1. Applicability

1.1 These Terms and Conditions apply to all Auctions organized by PISTON ADDICT SA and in which PISTON ADDICT SA does not act as Seller.

1.2 These general terms and conditions apply to the legal relationship between PISTON ADDICT SA on the one hand and the Participants on the other hand. The parties can only deviate from these terms and conditions in writing.

1.3 The applicability of general or special terms and conditions used by the Participants is expressly excluded.

1.4 We have the right to amend these Terms and Conditions unilaterally. The modified general terms and conditions apply as of the first Auction following the day on which the modification of the general terms and conditions took place.

1.5 The current general terms and conditions of PISTON ADDICT SA can be viewed on and downloaded from the auction website of PISTON ADDICT SA.

1.6 Participants are required to register in order to submit goods or to make bids via an Auction. By registering, the Participant agrees to these Terms and Conditions.

1.7 The text of these Terms and Conditions will be made available to the Consumer in such a way that the Consumer can easily save it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the Terms and Conditions can be viewed electronically and that, at the Consumer’s request, they will be sent free of charge, either electronically or in some other way.

2. Basic principles

2.1 We only provide the Platform allowing the connection of a Seller with one or more potential Buyers registered on the platform as Members.

2.2 The conclusion and performance of the contract that may occur between Members is their sole and entire responsibility.

2.3 As such, you understand that we are in no way a party to the Sales contract that you may conclude through the platform with a Member of the platform, and that we are only liable for compliance with these conditions vis-à-vis our Members, to the exclusion of any other commitment, and only to the extent provided for by these Terms and Conditions.

2.4 Members can act as Consumers and as commercial/professional Participants. Commercial Selling Members shall take into account that a Contract can be concluded between them as a commercial Selling Member and a Consumer as a Buying Member. In this respect commercial Selling Members shall comply with the applicable consumer legislation. In case of a Contract between two Consumers, this consumer legislation does not apply.

2.5 We do not allow Members being commercial/professional Participants based outside Europe who want to sell goods through the Platform that are already present in Europe.

2.6 Members undertake to access and use the platform in accordance with its purpose, namely to allow the connection and sale, respectively the purchase of goods. As such, Users are prohibited from:

1. a) Infringe the rights of third parties, whether intellectual property rights (content belonging to a third party), personality rights (attacks on honor, identity theft), real rights (absence of right to the goods offered for sale belonging to a third party) or contractual rights (right to use the goods belonging to a third party);
2. b) Endanger the stability of our computer systems and servers and their proper functioning in any way whatsoever, in particular by distributing malicious codes (viruses, Trojan horses, malicious software, etc.);
3. c) Modify without our consent and in any way our website and the platform or demonstrate any disruptive activity in the matter;
4. d) Offer for sale content the other than the goods listed on the website as goods that can be offered for sale through the Platform;
5. e) Adopt a behavior contrary to the law in any way whatsoever in the context of access to and use of the platform, including in the exchanges likely to occur between Members;
6. f) Promote its own services other than the goods offered for sale;
7. g) Use automated software or any other robot or similar system as part of the auction process allowing the user to bid other than manually;
8. h) Use the system for illicit purposes, in particular for the purposes of money laundering or other activities of a criminal nature. We reserve the right to make enquiries in this regard.
   
   3. Registration

3.1 The publication of an advertisement and the possibility of acquiring goods offered for sale on the platform require your registration as a Member, a process during which you agree to communicate to us the required personal data as indicated in our privacy policy.

3.2 Your registration as a Seller requires, in addition to the usual data, that you provide us with a copy of your identity document and the registration document of the goods offered for sale, in order to ensure that you are the owner of the goods of the best of our abilities.

3.3 Your registration is free.

3.4 You are solely responsible for the information you provide to us and for ensuring that this information remains current as long as your account has not been closed.

3.5 In the event of registration as a Seller, you are asked to indicate whether you are acting as a Consumer or a professional/commercial Seller. As professional/commercial Seller, you are subject to specific obligations, particularly regarding consumer regulations as well as on the fiscal level with regard to the payment of VAT, you undertake to answer in accordance with the truthfulness in this matter and to relieve us and indemnify us as well as our representatives of any damages we may suffer if you fail to answer truthfully.

3.6 You warrant to us that:

1. a) The information you have given us is accurate and will remain so for as long as your account is not closed, any changes must be made by you without delay in your account;
2. b) You are entitled to register on our Platform under the law applicable to you, in particular that you have reached the age of majority in your country of residence, the use of our platform being prohibited for minors;
3. c) The sale of goods, respectively its acquisition is done in accordance with the law and the regulations applicable in the State in which you are domiciled;
4. d) In general, you comply with the law and regulations applicable to you.

You agree to indemnify us and our representatives and employees for any damage that may result for us from the violation of the aforementioned commitments.

3.7 You are free to appear under a pseudonym. In this case, the pseudonym chosen must not be obscene, derogatory or shocking; in addition, it must not contain indications relating to an e-mail address or an Internet site, nor violate the rights of a third party or correspond to the identity of a third person.

3.8 You agree to keep your username and password confidential and not to share them in any way. You understand that we are entitled, like our Members, to consider that any use of your account is the act of your own person or of a person authorized by you. In the event of abuse or suspicion of abuse, you agree to inform us without delay, in which case you understand that we may suspend your account for the necessary time.

3.9 The opening of several accounts by the same individual as a Buying Member is prohibited.

3.10 We are entitled to refuse at any time and at our sole discretion any registration whatsoever, to suspend an account or to exclude a Member.

4. Announcement

4.1 The content of the advertisement is the sole initiative of the Selling Member concerned and is under its sole and entire responsibility. He is free to define a reserve price below which no transaction can take place, respectively to decide that the sale will be at a fixed price, with no possible auction. If the Selling Member is making use of terms and conditions regarding the envisaged sale, he shall mention these conditions in the advertisement.

4.2 Subject to a different posting date chosen by the Selling Member, his ad is published as soon as the remuneration due for this purpose has been paid, posting which is equivalent to the start of the 7 (seven days.

4.3 The Selling Member agrees that his advertisement contains all the elements that he can reasonably consider to be essential for a potential buyer, including, in particular:

1. a) The sale price in the event of a fixed or minimum price in the event of an auction;
2. b) The date of first placing on the market of the goods and of acquisition by the seller;
3. c) Any defects or repairs suffered by the goods offered for sale;
4. d) The place of sale of the goods and the mode of transport and delivery if applicable.
5. e) The statutory Reflection Period and Right of Withdrawal applicable for Consumers.
6. f) Whether the Selling Member acts as a Consumer or as a commercial/professional Participant.

4.4 The Selling member is obliged to comply with the applicable consumer regulations.

4.5 The Selling Member is prohibited from inserting URL links or web addresses as well as any other content for advertising purposes in any way whatsoever in connection with their ad.

4.6 We reserve the right, but have no obligation, to monitor the content of the Advertisement, its truthfulness or the reasonableness of its terms, and may in our sole and absolute discretion refuse to post any Advertisement or remove it without notice and without entitling Members to any compensation whatsoever.

4.7 From the moment the goods are put up for sale on the platform, it is up to the Selling Member to ensure its availability and that no acquisition by a third party on another platform or in any way whatsoever is possible. Until the Auction is live, Selling Member are allowed to advertise on another platform as long as this does not conflict with Selling Member’s obligations under these Terms and Conditions (in particular art. 7.3.1). By posting their advertisement online, the Selling Member guarantees the good condition of the goods (subject to clearly mentioned defects and repairs) and its operation.

4.8 In case of violation of art. 4.7, the Selling Member concerned undertakes to indemnify us, our representatives and employees as well as the Buyer for any prejudice which may result therefrom.

4.9 The Selling Member is entitled to modify the reserve price and/or the information mentioned in his advertisement as long as no bid has been made by a Buyer Member.

5. Conclusion of Contract

5.1 The start of the sales period chosen by the Selling Member when putting his ad online is equivalent to a binding offer to sell the goods concerned (1) to the first Buying Member who proposes to pay the agreed fixed price or ( 2) to the highest Bidder in the event that the sale is made by auction, reservation then being made in the event that the goods would be put up for sale with a reserve price, assumption in which the firm nature of the offer is conditioned the fact that the highest offer is higher than the reserve price communicated by the Selling Member.

5.2 The duration of the sale is 7 (seven) days from the start of the sale period. If, after expiry of this period, no bid has been made and no Contract has been concluded, the Selling Member shall be free to re-offer the goods in accordance with the applicable provisions.

5.3 The Selling Member is entitled to withdraw his offer as long as no bid has been made by a Buyer Member.

5.4 The tender made by the Buying Member is equivalent to a firm acceptance to acquire the goods subject to the payment of (1) the sale price indicated in the case of a sale at a fixed price or (2) the amount for which he won the bid in the event of an auction, reserve then being made of the hypothesis where the goods would be put up for sale with a reserve price, hypothesis in which the tender made by the Buying Member only binds the Selling Member if the amount offered is higher than the reserve price.

5.5 The Contract is concluded at the moment at which the Consumer accepts in accordance with clause 5.4 the offer and the conditions stipulated thereby as set out in clause 5.1. The Contract is concluded between the Seller, acting in his own name, and Consumer. The Platform is not a party to this Contract and does not at any time become the owner or rightful claimant of the goods delivered to Consumer by Seller.

5.6 It is recommended that the Buying Member is domiciled in the State where the Selling Member, respectively the goods concerned, are located. In the event that this is not the case, the Buying Member is invited to find out before placing the costs that could result for him from a delivery from abroad, whether in terms of transport costs or taxes related to the importation of the goods, which will be added to the selling price. In case of a Consumer acting as Buying Member, the selling member will provide the Consumer with this information.

In this case, and in derogation of art. 5.5 first sentence, the bet made by the Buyer Member only constitutes acceptance on the condition precedent that it accepts the total sale price which will be communicated to it by the Selling Member as provided for in Art. 8.2 and 8.3.

5.7 Members whose connection took place through the Platform are prohibited from concluding the Contract outside of it to circumvent their remuneration obligations with regard to the platform or from taking any action it is aimed at circumventing the fee structure of the platform.

Any violation of this clause may result in the termination of your account with immediate effect and your commitment to pay us compensation in the lump sum of EUR 1,000 (one thousand euros) per violation. All damages and legal action against you are reserved.

5.8 The Selling Member will, at the latest upon delivery of the goods, provide the following information in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:

1. The visiting address of the establishment of the Selling Member to which the Consumer can address his complaints.
2. The conditions on which and the way in which the Consumer can make use of the Right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal
3. The information on guarantees and existing after-sales service
4. The price, including all taxes, of the good, service; insofar as applicable, the cost of delivery; and the method of payment, delivery of the good.
5. If the Consumer has a Right of withdrawal, the Model form for withdrawal.

6. Remuneration

6.1 The price for placing the advertisement online by the Selling Member is:

1. a) EUR 99 (ninety-nine euros) for the classic formula (online on the platform);
2. b) EUR 349 (three hundred and forty nine euros) for the premium formula which includes the promotion of the advertisement preferentially on the platform, within our newsletter, our social pages and in press advertisements when possible.

6.2 In the event that the sale leads to the conclusion of a contract between a Selling Member and a Buying Member, the Buyer agrees to pay us a commission equivalent to 3.5% of the sale price, with a minimum of 500 € and a maximum of 5 000 € if no reserve price setup and +10% of the amount between reserve price and final price if the final price beats the reserve price (which price does not include any costs related to the delivery of the goods, as defined in article 9.2) .

6.3 A hold amounting to 3.5% of the original bid will be placed on any Buyer Members’ card, with a minimum of 500 € and a maximum of 5000 €, so as to guarantee that Members have the fund to participate to the auction. The holdback will be released immediately at the end of the auction. The customer is aware that this hold can take up to 7 days to be released, depending on his bank.

6.4 If any VAT or a similar duty is applicable to the Remuneration, it will be calculated on the above-mentioned amount of the Remuneration and charged additionally to the Selling Member or the Buying Member as the case may be.

7. Terms of payment

7.1          Payment of fees

7.1.1      Members agree to pay any applicable fees (“Purchases”) listed on our Platform, including, without limitation, any applicable taxes (in particular VAT) or charges.

7.1.2      We use Stripe, Inc., as a third party payment processing service; provided, however, that we do not process any transaction that a Buyer may directly make with a Seller if such Seller selects a payment processing method that uses a third party to process the payment. All information that Members provide in connection with an auction must be accurate, complete, and current.

7.2.3      Prices listed for vehicles or any other products or services listed by Sellers on our Platform are set by the Sellers and we are not responsible setting or negotiating any prices or related fees. Buyer Members understand and agree that a Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.

7.2.3      All amounts listed on the Digital Services are in euros.

7.2          No Refunds

All purchases made from a Seller using the Platform are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a purchase or have any questions, you must directly contact the applicable Seller.

7.3          Bidding and Auction

7.3.1      Reserve and Publication

In order to use our Platform to list a vehicle or other product, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying us of such change via email or, if available, our web-based notification tools made available to Seller. We will only approve a listing for publication on our Platform once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing.

7.3.1      Seller Acknowledgment

Selling Members are responsible in all respects for any uploaded content and information related to any vehicle, product or service Selling Members decide to sell. They are also fully responsible in all respects for performing the transaction with the applicable Buyer in accordance with the Agreement.

IN THE EVENT A SELLING MEMBER ACCESSES OR USES THE PLATFORM TO SELL A VEHICLE OR OTHER PRODUCT OR SERVICE AS A “SELLER,” ANY SUCH SELLING MEMBER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE PLATFORM, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, WE MAY REMOVE SELLER’S LISTING.

7.3.2      Buyer Acknowledgment

Each Member Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via our Platform are binding and thus due and payable to us in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Platform. If Member Buyers decide to bid on a vehicle that has been listed by a Seller on our Platform, such Members acknowledge and agree that their bid constitute the first non-binding step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Platform, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.

We do not inspect any vehicles or any other goods that a Seller lists on the Platform. You acknowledge and agree that we bear no risk associated with purchasing a vehicle from a Seller listed via the Platform.

7.4 In the event that (1) the commission due in our favor is not paid, (2) the sale price is not paid by the Buyer Member within the agreed time or (3) the goods is not delivered, each party will then be entitled to terminate the Contract, in which case we undertake to return to the Buying Member the commission paid within 30 (thirty) days after being informed of this termination, the Selling Member undertaking to side to reimburse the Buying Member the sale price if he is unable to deliver it.

8. Delivery of the goods

8.1 The identity and contact details of the Buyer are communicated to the Selling Member after the commission due pursuant to art. 8.1 has been paid to us.

8.2 The Selling Member shall inform the Buying Member within 10 (ten) days of becoming aware of his identity of the delivery conditions. When this delivery requires that the goods be exported, the Selling Member informs the Buyer in particular of the transport costs and any applicable taxes, in order to allow the Buying Member to know the overall price of the transaction. Unless otherwise agreed upon between Buying Member and Selling Member, the Buying Member is responsible for the organization and performance of transport of the goods; the information to be provided by Selling Member to Buying Member pursuant to this clause shall therefore be deemed to be an indication of costs to Buying Member. Since we are not a party to the Contract, we will not have any involvement in the transport of the goods.

8.3 When the goods are to be exported, the Buying Member confirms its acceptance of the global price within 10 (ten) days of being informed by the Selling Member. In the event that this price is not accepted, the Buying Member informs us; the sale is then terminated and we undertake to reimburse the commission paid pursuant to art. 8.2 within 10 (ten) days of being informed.

8.4 The Buying Member undertakes to pay the sale price within 30 (thirty) days (1) after the Selling Member has informed the Buyer of the delivery conditions pursuant to art. 9.2, respectively (2) after the Buying Member has confirmed its acceptance of the global price when the goods are to be exported unless Buyer and Seller agreed otherwise.

9. Warranty

9.1 Not being a party to the Sales contract between the Selling Member and the Buying Member, we do not provide any guarantee whatsoever in relation to the goods offered for sale and never put goods up for sale on the platform. Thus, (1) we are never the owner of goods offered for sale on the platform, (2) have not carried out any inspection of goods whatsoever offered for sale on the platform and (3) possessed one either of the goods offered for sale.

9.2 The Buyer is entitled to take action against the Seller by asserting the rights provided for by the applicable law, respectively those which could have been agreed and granted directly to the Buying Member by the Selling Member in the event that the purchased goods does not comply with the description of the sale or would present defects conferring rights of the Buyer, it being specified that the Buying Member undertakes to inspect the goods upon receipt and inform the Seller of any defects noted within 14 (fourteen) days after its receipt.

10. Taxes

10.1 You agree as a Member to meet your legal obligations by paying any charge or tax that may have to be due in connection with the execution of the sale or acquisition of goods through the Platform, especially in terms of VAT if by chance you are a professional Seller.

11. Ownership of rights

11.1 We hold, respectively have all the necessary rights, in particular intellectual property, with regard to the Platform.

11.2 Your registration as a Member does not grant you any right to the Platform, except that of accessing it and using it under the terms provided for in these conditions.

11.3 You guarantee that you hold all the rights to (1) the advertisements, texts and illustrations (“Content”) that you put online in your capacity as a Member, respectively that you have obtained the authorizations to do so in a documented manner and that you are able to provide us with such documents at our request, (2) on the goods offered for sale, which is not the subject of any restricted or contractual real right that a third party could claim to frustrate the sale.

11.4 You grant us a license to the Content to the extent necessary to achieve the desired objective, namely the sale of the goods on the platform with a view to its sale with a Buyer Member, to the exclusion of any other purpose , said license also including in the premium formula the right to use said content in our newsletter, social pages and press publications.

11.5 In case of violation of art. 11.3, said content will be immediately removed and you agree to hold us harmless and indemnify us, our representatives and employees, for any damages we may suffer, whether attorneys’ fees arising from such violation, legal costs or an order to pay damages.

11.6 We are entitled to use any opinion or opinion that you communicate to us in relation to the platform without this giving you the right to make any claim whatsoever, in particular financial, against us.

12. Data Protection

12.1 Access to and use of the platform requires the collection and processing of some of your personal data, which is done in accordance with our privacy policy to which reference is made here:  https://pistonaddict.com/privacy-policy/.

13. Absence of guarantee and disclaimer of [platform operating company]

13.1 Access to and use of the Platform is provided “as is”, without guarantee that it will not suffer from malfunctions or computer bugs, in which case we will endeavor to remedy them without you being able to issue any claims on this subject.

13.2 Our Platform may include various links and URLs to third party sites, over which we have no control. We invite our Members to exercise caution in relation to these links, to read the conditions that may apply and we exonerate us from any liability for any damage that may result for our Members in relation to the access and use of said links and URL addresses.

13.3 We exonerate ourselves from any liability related to your registration and the conclusion, respectively the execution of the Contract likely to result from it between the Members to the fullest extent permitted by applicable law.

In particular, we do not guarantee that the sale, respectively the acquisition of the goods in your State of residence is lawful or would not be subject to certain conditions which must first be met, in particular on the administrative level. It is up to Members to inquire beforehand.

Our liability cannot in any event exceed the combined price of the amount of the ad and the commission paid to us in relation to a given ad.

 

14. Liability and indemnification of Members

14.1 Members undertake to indemnify us as well as our managers, representatives or employees for any prejudice that we may suffer in connection with their access, use of the platform as well as in connection with any violation of these conditions or of the law applicable to (x) Affected Member(s).

15. Duration and Termination

15.1 Your affiliation to the platform begins when you open your account and ends when it is closed, which you can run online at any time.

15.2 We reserve the right to close your account at any time for the end of a month by sending a prior notice of at least seven days, respectively with immediate effect in the event that:

1. a) We stop operating the Platform or generally cease our activities
2. b) You breach any of these Terms and Conditions;
3. c) You behave in a way that damages our reputation.

15.3 From the moment your account is closed due to the circumstances mentioned in art. 15.2 bed. b or c, you are prohibited from opening a new account under your identity or another identity.

 

16. Nullity

16.1 In the event that one or other of these conditions proves invalid under applicable law, the condition in question will be interpreted as closely as possible to its initial wording to guarantee its validity. The other conditions are not affected by this possible nullity and remain fully valid.

17. Complaints

17.1 Any complaints User may have in respect of our services of whatever nature are submitted to us electronically at the email address for that purpose.

17.2 We make efforts to solve complaints in an adequate way and undertake to respond to a complaint within 14 days after receipt thereof. If our response requires more time, we may extend this period of 14 days twice.

18. Applicable law and competent court

18.1 The validity and execution of these terms and Conditions are subject to the application of Swiss law, to the exclusion of the federal law on private international law.

18.2 Any dispute arising directly or indirectly from these conditions between [company operating the platform] and the Members will be subject to the exclusive jurisdiction of the Court of First Instance of the Republic and Canton of Geneva to which the parties hereby agree to irrevocably submit.

18.3 Any dispute between Members arising following the conclusion of a Contract relating to goods offered for sale through the platform will be submitted to the competent court of the buyer’s domicile.

Annex 1

Model withdrawal form

(complete and return this form only if you wish to withdraw from the Contract)

To: [ name of entrepreneur]

[ geographical address of the trader]

[ fax number of trader, if available]

[ email address or electronic address of trader/provider]

I/We* hereby give notice that I/We* have decided to terminate our contract on the sale of the following products: [ product designation ]*

the supply of the following digital content: [designation digital content]*

the provision of the following service: [service designation]*,

Ordered on*/received on* [date of order for services or date of receipt for products].

[Name of consumer(s)

[Address of consumer(s)

[Signature of consumer(s)] (only if this form is notified on paper)

[Date]

* Delete where not applicable or fill in where applicable