Terms and Conditions
The present General Terms and Conditions govern the rights and obligations regarding the use of the services offered on the website “www.kaufes.ch,” which is a subsidiary of Swiss Software Helden GmbH.
1 Introduction
1.1 Scope and applicability of these General Terms and Conditions
The following General Terms and Conditions (GTC) of Kaufes.ch, located at Bernstrasse 8, 3363 Herzogenbuchsee, Switzerland (hereinafter “Kaufes.ch”), together with the provisions binding in addition to these GTC — including the Privacy Policy and the Fee Regulations — govern the rights and obligations relating to the use of the products offered by Kaufes.ch on the website www.kaufes.ch (including all subdomains, hereinafter collectively referred to as the “Marketplace”), as well as the contractual relationship between Kaufes.ch and its members. In addition, the API Terms of Use apply when using the interface.
1.2 Confirmation and amendment of these GTC
Members confirm these General Terms and Conditions (GTC) each time they log in to the Marketplace. Kaufes reserves the right to amend these GTC at any time and to publish the current version on Kaufes.ch. Important changes will also be communicated to members in a timely manner before they come into effect.
1.3 Kaufes.ch Marktplatz
Kaufes.ch provides its registered members with a platform to offer and acquire services, goods, and rights (hereinafter “Products”). In these General Terms and Conditions, the person or company offering a product is referred to as the “Seller,” and the person or company acquiring a product is referred to as the “Buyer.” The act of acquiring is referred to as a “Purchase” or “Buying.”
1.3 Principles for the use of the Kaufes.ch platform
1.3.1 Independent use
On the Kaufes.ch Marketplace, members or merchants can independently and on their own responsibility enter into contracts with one another. Only the seller or merchant and the buyer are entitled and obligated under such contracts. Fulfilment of the contract is the sole responsibility of the merchant or seller and the buyer.
1.3.2 Legal position of Kaufes.ch
Kaufes.ch does not act as a contracting party in agreements concluded between members or merchants and other members on the Marketplace. Neither Kaufes.ch nor its representatives, employees, or auxiliary persons assume responsibility for the risks associated with the conclusion or initiation of transactions, nor are they liable for any damages arising therefrom.
Kaufes.ch has no obligation to monitor the conduct of its merchants or members while using the Marketplace. Although Kaufes.ch has the right to review publications such as listings, images, and texts on the Marketplace for legality or admissibility, there is no binding obligation to do so. This applies in particular to the member or merchant rating system, which is used independently by the members themselves.
1.3.3 No automatic right of use
There is no automatic entitlement to use, register, or obtain membership on the Marketplace, or to make use of services provided by Kaufes.ch. In particular, Kaufes.ch reserves the right to refuse registrations, or, in accordance with Section 2.4, to exclude members, prohibit usage, or discontinue services.
1.4 Definitions
1.4.1 Membership
By providing personal information and agreeing to these General Terms and Conditions (GTC), the customer automatically becomes a “Member” of the Marketplace on Kaufes.ch. Additional information or verifications may or may not be required by Kaufes.ch. Registration and membership are free of charge.
1.4.2 Offer
An “Offer” refers to the publication of a self-created description for the sale of a product on the Marketplace.
1.4.3 Types of offers on the Kaufes.ch Marketplace
Offers can be created in different formats. The following types are currently available:
- a) Auctions
In an auction on the Kaufes.ch platform, a listing is published for a period determined by the seller and under conditions set by the seller. Starting from the set minimum price, potential buyers can compete by placing bids (i.e., the maximum price they are willing to pay) for the listed product. Listing a product for auction constitutes a binding offer by the seller to conclude a contract for the purchase of the offered item with the highest bidder at the end of the auction period. If a bid is placed within the final three minutes of the auction period, the auction will end three minutes after the last bid is received. The contract is concluded with the highest bidder.
In the case of a multiple-item auction, listing several identical products constitutes a binding offer by the seller to conclude separate purchase contracts, up to the available quantity, with bidders in descending order of their bid amounts.
- b) Fixed-price offers / Auctions with “Buy Now” option
Adding a product at a fixed price by the seller constitutes a binding offer to immediately transfer the item to the person willing to pay the specified amount.
If an auction listing additionally offers the option to purchase the product early at a fixed price — thereby ending the auction — this price will be clearly referred to as the “Buy Now price.”
2 Membership
2.1 Purpose
Membership as a registered user is a prerequisite for offering and purchasing items on the Marketplace, using related website functions, and accessing password-protected sections of the website (especially a personal account). To use all Marketplace features as a member (in particular, selling and unrestricted purchasing), various verification levels are planned or may be required (for example, entering an activation code).
2.2 Declaration
Registration and membership are free of charge. Membership is personal and non-transferable.
2.3 Basic requirements for membership
2.3.1 Legal capacity
Membership is available exclusively to natural or legal persons with full legal capacity. Minors (under 18 years of age) are excluded from membership.
2.3.2 Personal data
The information provided during registration must always be complete and correct and must include at least the following details: full first and last name, date of birth, address of current residence, telephone number (no premium-rate numbers, e.g., 0900 numbers), and a valid email address. When registering a business or corporate account, the name of the contact person and the full company name must be provided (including VAT ID and commercial register number, if available). The member is obliged to update any changes immediately in their personal account so that all information is always complete and accurate.
Kaufes.ch reserves the right to request additional information and/or verifications for certain functions at any time, or to waive such requirements.
The username chosen by the member must not be obscene, derogatory, or contain any other offensive elements. It must also not contain references to email or internet addresses and must not infringe on the rights of third parties.
2.3.3 Persons abroad
Individuals residing or based abroad can generally use the Marketplace only as buyers. To list items for sale, prior approval from Kaufes.ch is required, and in most cases, only legal entities or commercial sellers are permitted. The corresponding request, along with proof of business activity, must be sent to:
2.4 Commencement and termination of membership
2.4.1 Commencement
Membership becomes effective once Kaufes.ch sends an email confirmation following successful registration and agreement to the General Terms and Conditions (GTC).
2.4.2 Termination by the user
Membership may be terminated at any time by sending a written cancellation via email to info@kaufes.ch, provided that all of the following conditions are met:
- The member has no outstanding payments to Kaufes.ch.
- The member currently has no items listed on Kaufes.ch.
- The member is not participating as a bidder in an active auction.
If any of these conditions are not met, the cancellation will be considered invalid. The Kaufes.ch customer service team will confirm the cancellation by email and close the corresponding account. Any previously submitted or received Q&A entries and reviews from the member will remain visible on Kaufes.ch even after membership termination.
2.4.3 Termination by Kaufes.ch
Kaufes.ch reserves the right to exclude members for valid reasons — in particular for violations of the General Terms and Conditions (GTC) — at any time. This may include terminating membership, prohibiting usage, or discontinuing a service, without the affected member having any claim against Kaufes.ch as a result. Kaufes.ch may temporarily suspend or permanently exclude a member if it is likely that another person who has already been suspended or excluded (such as a family member or roommate) is conducting business through that account, or if there is reasonable suspicion that the member has infringed upon the rights of third parties.
Success fees and charges for boosts, plus any applicable reminder fees and administrative costs, remain payable even in the event of exclusion.
Reviews that a member has received or submitted, as well as Q&A entries, will remain visible on the platform even after termination of membership.
Excluded members are not permitted to re-register as members without prior approval from Kaufes.ch, whether under their own name or under a different name. Violations of this provision will incur a fee.
3 General obligations of members
3.1 Protection of access data
The member is obliged to keep their personal password — whether provided by Kaufes.ch during registration or created by the member themselves — as well as the activation code received by post, strictly confidential at all times and never disclose or make them accessible to third parties.
3.2 Technical interference
The use of software, mechanisms, or other scripts that could disrupt the proper functioning of the website is not permitted.
Members must not take any actions that could place an excessive or unreasonable load on the infrastructure of Kaufes.ch.
Members are not allowed to overwrite, block, modify, or otherwise interfere with content generated by Kaufes.ch, nor interfere in any other way with the Kaufes.ch websites.
3.3 Protection of third-party intellectual property
Listings, texts, and visual content published by a user on the Kaufes.ch platform in any form (for example, product descriptions, reviews, contributions in the “Questions and Answers” section, etc.), or otherwise transmitted via Kaufes.ch, must not infringe on any third-party intellectual property rights. Members may only use and publish images and texts on the Kaufes.ch platform that they have created themselves or for which they have obtained permission from the rights holder. This is especially relevant for texts and images that are publicly accessible on other websites.
3.4 Respecting the privacy of third parties
Listings, texts, and visual content that a user publishes on the Kaufes.ch platform in any form (such as product descriptions, reviews, contributions in the “Questions and Answers” section, etc.), or otherwise communicates via Kaufes.ch, must not infringe upon the personal rights of third parties. In particular, such content must not be offensive, obscene, defamatory, harassing, injurious to reputation, slanderous, derogatory, or damaging to one’s good name.
3.5 Prohibition of advertising
Listings, texts, and visual content that a member publishes on the Marketplace in any form (such as product descriptions, reviews, contributions in the “Questions and Answers” section, text for closing emails, messages to buyers, etc.), or otherwise communicates via the Marketplace, must not contain advertising for products that the member is not currently offering or does not intend to offer in the near future via the Marketplace.
3.6 Prohibition of links and web addresses
Listings and content (including images) published on the Marketplace must not contain URL links or web addresses. Exceptions apply to classified ads as well as the exemptions listed in the general list of Prohibited Content.
3.7 Use of content
Information about a seller or other details listed in an offer, or information that Kaufes.ch may transmit in connection with bids, may only be used in relation to the specific offer concerned; use for advertising purposes is strictly prohibited. It is also not permitted to use this information for sending newsletters or to pass it on to third parties.
3.8 Conclusion of contracts only on the Marketplace
Texts and visual content that a member publishes in any form (listings, classified ads, reviews, contributions in the “Questions and Answers” section, etc.) on the Marketplace must not be intended to, or directly or indirectly encourage, the conclusion of contracts outside the Marketplace.
3.9 No manipulation of auctions through bidding
It is prohibited to manipulate the prices of one’s own or other offers by using multiple Kaufes.ch accounts or by collaborating with third-party accounts (for example, accounts belonging to people in the same household or family members).
It is also forbidden to place bids using automated data processing methods.
3.10 Truthful use of the rating system
The user agrees to provide truthful information in the reviews they submit. Reviews must be honest and objective and must not contain personal insults. Advertising within a review (for example, by including a website address) is not permitted. Any unfair manipulation of one’s own or others’ rating profiles or reviews, as well as any misuse of the rating system, is prohibited. It is also forbidden to disclose personal user data in a review. Misleading reviews or attempts to manipulate the rating system for personal benefit are likewise not allowed. Kaufes.ch reserves the right — but is not obliged — to occasionally intervene in the independent rating system and delete and/or correct reviews.
3.11 Prohibition of circumventing the fee structure
It is prohibited to take measures aimed at circumventing the fee structure of Kaufes.ch (for example, by setting disproportionately high shipping costs).
4 Operation of the online marketplace on Kaufes.ch
4.1 Unauthorized offers
Kaufes.ch reserves the right to prohibit the listing of certain goods and product groups on its platform at any time and at its own discretion, without providing reasons. A regularly updated, non-exhaustive list of such prohibitions is available in the general list of prohibited items.
4.2 Published content, offers, and bids; categories
Kaufes.ch is entitled to remove individual offers, bids, and text or image materials from its website at any time, without prior consultation and without stating reasons. This applies in particular to offers placed in the wrong category, obviously unserious bids, and materials that could potentially infringe the rights of third parties. No claims can be made against Kaufes.ch as a result of such removals.
Furthermore, Kaufes.ch reserves the right to rename, split, merge, discontinue, or introduce offer categories at any time, without prior notice or justification. Current offers may therefore be moved to a different category or removed entirely.
4.3 Use of published content
The member grants Kaufes.ch the non-exclusive right to use the title and description of the original offer published on Kaufes.ch and to share it with other users.
4.4 Violations of the GTC by a member
Kaufes.ch reserves the right to warn a member if credible and specific information indicates that the member has violated these General Terms and Conditions. In particular, Kaufes.ch may warn a member if credible and specific information suggests that the member has intentionally breached their contractual obligations towards another member.
Kaufes.ch also reserves the right to exclude a member from participation in the membership.
4.5 Adjustments to offer duration
Kaufes.ch has the right, but not the obligation, to extend or shorten the duration of offers if this is deemed necessary for the proper processing of the listing.
5 Obligations of the seller
5.1 Legality of the goods offered for sale
The seller may only offer goods for sale over which they have full and unrestricted ownership and disposal rights. This means in particular — but not exclusively — that the member has the authority and legal right to transfer possession and ownership in full and free of encumbrances to the buyer; that they are entitled to rent out an item; and that they are authorized to transfer a right.
5.2 Prohibition of selling prohibited products
It is strictly prohibited to offer goods whose listing, sale, purchase, transfer, or use could violate applicable laws or moral standards. Kaufes.ch maintains a non-exhaustive, regularly updated list of prohibited goods, whose listing or promotion is not allowed without the express prior approval of Kaufes.ch. Regardless of whether a product is listed there, Kaufes.ch reserves the right to remove offers at any time and to notify the relevant authorities or affected third parties.
5.3 Accurate and complete information about the item for sale
The seller is obliged to provide truthful, non-misleading, and fair information about the product being offered, as well as to fully inform buyers about payment and shipping terms. Any defects in the product or its packaging must be clearly disclosed, especially for used or damaged items. The seller must also ensure that their listing is placed in the correct product category on the platform.
5.4 Prohibition of intermediate sales
The seller is prohibited from selling the listed item elsewhere or transferring rights to it to third parties while the listing is active.
5.5 Costs and fees for successful sales
Listing items on Kaufes.ch is free of charge. However, in the event of a successful sale, the seller must pay a success commission to Kaufes.ch in accordance with the provisions of the Fee Regulations. All stated fees must be paid within 14 days and can be downloaded as proof in the fee overview after payment has been received. The amount of the fees, as well as the applicable invoicing and payment terms, are set out in the current Fee Regulations. Kaufes.ch reserves the right to adjust the fee amounts for new listings at any time. Deleting or changing a listing during its active period does not entitle the seller to a refund or reduction of any fees incurred for listing boosts. Depending on the type of change made to a listing, additional costs may be incurred, especially if additional boosts are selected.
5.5.1 Reactivation of listings
When creating a listing, the seller can choose whether the system should automatically relist the item if there are no bids at the end of the listing period. An item offered in auction format can be automatically relisted up to three times. An item offered in fixed-price format cannot be automatically relisted unless it is a multiple-item listing (quantity > 1) and at least one item has been sold.
For calculating fees in the case of reactivation, the stored data from the most recently expired listing is used. The voluntary boost fees applicable at the time of reactivation become due immediately for each relisting and are automatically charged to the seller’s account. This policy also applies to manual reactivations via the user account.
5.5.2 Timing of payment request (formerly invoicing)
The payment request is issued 14 days after the fees are incurred. As soon as the oldest outstanding fee reaches at least CHF 1.01, a payment request will be sent by email. Outstanding amounts below CHF 1.01 will be regularly collected by Kaufes.ch. Once the fees have been settled, a VAT-compliant invoice will be issued, which can be downloaded at any time from the fee overview.
5.5.3 Payment deadline
The user will receive a payment notification and reminders via email. The fee overview lists all fees, payments, credits, and refunds. The total balance becomes due when it exceeds CHF 1.00 and 14 days have passed since the oldest fee was incurred. Even if no payment request is received due to technical issues, the member remains obligated to pay. Outstanding fees are payable upon receipt of the payment request. The first reminder is sent 30 days after the payment request, followed by a final reminder 40 days later. After the first reminder, Kaufes.ch may charge a reminder fee of CHF 10.00. If the outstanding account balance, including reminder fees, is not paid, the user account will be automatically suspended 50 days after the payment request. Repeated violations may result in the member being permanently excluded from trading on Kaufes.ch.
5.5.4 Payment methods
Outstanding fees can be paid in various ways. Depending on the chosen payment method, booking fees of CHF 4.50 may apply. Payment options include:
- Payment by credit card (Mastercard, Visa, or American Express)
- Payment via Apple Pay
- E-banking payment over the internet (free when using the QR code provided by Kaufes.ch; otherwise CHF 4.50 booking fee)
- Payment at a bank counter or post office counter (CHF 4.50 booking fee)
- Payment in euros (CHF 4.50 booking fee)
5.6 Fee refunds
5.6.1 Refund of success commissions
The seller may request a refund of success commissions if the buyer fails to pay the purchase price while the seller has fulfilled their obligations correctly. If both parties mutually agree to cancel the contract in order to resolve a dispute, the seller may also request a credit for the success commission. The request must be submitted via an online form in the user center within 50 days of the sale’s completion. Requests submitted after this period will not be considered, and the seller will have no right to a refund. Approved refund requests result in a credit to the seller’s Kaufes account. However, the seller is not entitled to a cash payout or transfer of these fees unless they terminate their membership. This also applies to refunds of fees for deleted listings.
5.6.2 Refund of listing boosts
In general, boosts are non-refundable. If a listing is deleted by Kaufes.ch due to a violation of the General Terms and Conditions, there is no entitlement to a refund of boost fees. If a listing is posted in error and/or deleted by the seller, the boost fees will still apply and will not be refunded. This policy also applies to scheduled but not yet activated listings.
6 Relationship between seller and buyer
6.1 General
Kaufes.ch does not guarantee that members will conduct transactions on the platform in accordance with the principles of good faith. In particular, Kaufes.ch assumes no responsibility for members fulfilling any contractual obligations they may have towards other members.
6.2 Process of offers in auctions and at fixed or “Buy Now” prices
6.2.1 Binding nature of the offer
As long as there are no bids, the seller has the right to withdraw or simply delete their offer. However, once a bid has been placed, the seller is logically bound by the offer.
6.2.2 Form of bids
Bids may only be submitted via the designated input field on the relevant listing page. Bids submitted in any other way, especially via email, will not be considered and are deemed invalid.
6.2.3 Binding effect of the bid
By placing a bid, the bidder agrees to purchase the offered product under the conditions set by the seller or individually agreed upon (payment terms, shipping method, delivery costs, etc.), provided they are the highest bidder when the auction ends. The bid remains binding unless it is outbid.
It is not permitted to change or withdraw a bid. In multiple-item auctions, a bid expires only when higher bids have exhausted the entire available quantity. If a bidder is outbid for only part of the offered products, they are still obligated to purchase the quantity awarded to them.
If a bid is deleted, the next-highest bid will only become active again with the explicit consent of the respective bidder. If the offer description is changed after a bid has been placed and the change does not increase the value of the product, the highest bidder — or, in the case of multiple-item auctions, the group of bidders who would win if the auction ended — is entitled to withdraw their bid. Such requests must be sent by email to info@kaufes.ch .
When using the designated input field for a “price proposal,” a member makes a binding purchase offer. It is not permitted to change or withdraw a price proposal. If the seller accepts the price proposal within the validity period, a purchase agreement for the offered product is concluded between the buyer and the seller under the seller’s stated conditions (payment terms, delivery conditions and costs, etc.) and at the price proposed by the buyer.
The potential buyer is bound by their price proposal. A price proposal becomes invalid if it is rejected by the seller or if its validity period expires.
6.2.4 Conclusion of the contract
A binding contract between the highest bidder and the seller is automatically formed when the offer period ends.
If a member accepts the “Buy Now” price or the fixed price, a binding contract between them and the seller is formed immediately and automatically.
6.2.5 Contract content
The content of the contract is determined by the seller’s product description, including any additions such as seller information published through the “Questions and Answers” function, as well as the terms stated on the listing page at the time of the successful bid and any agreements made between the parties before the contract was concluded.
The seller must transfer possession and deliver the goods to the buyer upon payment of the purchase price. Disclaimers of liability in this regard are not permitted.
It is prohibited — and therefore not part of the contract — for the seller to pass Kaufes.ch fees on to the buyer.
The purchase price always includes the applicable VAT, unless the seller ships the goods directly from abroad. In that case, however, the seller must clearly indicate any additional costs such as VAT, customs duties, etc.
a) Product description
The product description is an integral part of the contract, meaning that the seller guarantees the product has the characteristics described.
If certain statements are not intended as a guarantee, the seller must clearly and explicitly indicate this.
b) Content without differing seller terms in goods purchases
If, at the time of bidding, no differing conditions exist, no clearly different product description from the seller is provided, and the parties have not agreed otherwise, the following applies for goods purchases:
The seller is responsible for material defects, meaning defects not mentioned in the description that significantly impair the value or usability of the goods. In particular, the seller is liable for the functionality of a sold device unless expressly stated otherwise.
The risk of loss passes to the buyer when the item is ready for shipment or handed over to the buyer.
Any applicable recycling fee is included in the purchase price and does not need to be paid separately by the buyer. For all disputes related to the offer, Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
6.2.6 Contract execution
a) General provisions
Both contracting parties are obligated to fully and promptly fulfill their obligations under the purchase agreement.
Unlike in EU countries, Switzerland does not (yet) have a statutory consumer right of withdrawal. The execution of the contract is the responsibility of the parties, and performance of the transaction is governed by the agreed contractual terms. This applies in particular to the due date of each contractual obligation (i.e., the point in time when actual performance can be demanded and legally enforced). If the offer contains no specific provisions on this matter and the parties have not agreed otherwise, the following sections b to c apply:
b) Duty to communicate
Both parties are obliged to provide each other, within 7 calendar days of concluding the contract, with all relevant information necessary for the fulfillment of the contract. This particularly includes postal or bank account details if payment is made via bank transfer and this information is not already provided in the seller’s “End-of-sale email text.”
If one party lacks essential information about the other party that is required for contract performance, they are likewise obliged to request this information at least twice in writing and once by phone within 7 days of concluding the contract. If these requests remain unanswered, the requesting party is entitled to withdraw from the contract after the 7-day period expires.
c) Payment deadline
The due contractual performance must be rendered in full and correctly no later than 14 days after receiving the necessary information to fulfill the contract (see Duty to communicate). The counterparty is likewise obliged to provide the agreed consideration in full and correctly within no more than 14 days after receiving the corresponding performance. This 14-day period also applies in cases where payment is made in cash upon collection.
6.2.7 Termination of the contract
If a member fails to provide their due performance despite being requested to do so, their contractual partner has the right to withdraw from the contract and, if applicable, demand the return of any performance already rendered. This provision does not apply if the contractual partner themselves hindered performance (e.g., by failing to appear at the agreed handover date or by not providing their bank details despite a corresponding request).
6.2.8 Defective products
If a product has a defect not mentioned in the listing description that significantly reduces or eliminates its value or usability, the buyer must inform the seller within 14 calendar days of receiving the product. Only in this way can the buyer request a paid repair from the seller. The same applies if the product does not have the characteristics stated in the listing description. The buyer is responsible for bringing or sending the product at their own expense to the seller’s service center.
Any further warranty or guarantee rights — such as withdrawal, price reduction, or replacement delivery — are excluded unless different agreements have been made between seller and buyer.
7 Mobile use
Kaufes.ch allows its members to access bids and content on the Kaufes.ch website, as well as to place bids or conclude contracts, via mobile devices. However, certain content, services, and functions may be excluded from mobile use and only displayed on the Kaufes.ch website.
For mobile access to the Kaufes.ch websites, Kaufes.ch provides specific applications, such as iPhone apps. The use of these applications is subject to separate terms of use or license agreements, which members must accept.
Kaufes.ch reserves the right to technically adapt bids and content from members so that they can be displayed on mobile devices.
Members acknowledge that the display of listings on mobile devices may differ from their display on the website. Nevertheless, members are bound by their bids or contracts concluded via mobile devices in the same way as if they had been made via the website.
8 Data protection
Kaufes.ch processes the personal data collected from members in accordance with its Privacy Policy.
9 Transfer of rights and obligations to third parties
Kaufes.ch reserves the right to delegate individual or all obligations and rights under these terms of use to another party or have them carried out by another party. Membership, along with all obligations and rights of the current or former member towards Kaufes.ch, cannot be transferred to another person.
10 Disclaimers of liability at Kaufes.ch
10.1 General provision
Kaufes.ch is liable only for direct damages caused by intentional or grossly negligent actions on its part. Liability for direct damages resulting from slight negligence — regardless of the legal basis — is expressly excluded, subject to mandatory statutory provisions. Kaufes.ch assumes no liability whatsoever for indirect or consequential damages — regardless of the legal basis — and expressly and fully excludes such liability.
10.2 Disclaimers for technical disruptions and maintenance at Kaufes.ch
Kaufes.ch is only responsible for the temporary unavailability of the website, failures of individual or all website functions or of the marketplace, and malfunctions of the website or marketplace, if these are caused intentionally or by gross negligence. In cases of technical difficulties that result in offers or bids not being received, being delayed, or being processed incorrectly, Kaufes.ch assumes no liability for slight negligence in particular. Kaufes.ch does not guarantee that its system time matches any legally defined time. The Kaufes.ch website may be temporarily or partially unavailable due to maintenance work or other reasons, without giving the user or member any claim against Kaufes.ch. Auctions that are significantly affected by system interruptions will generally be extended automatically.
10.3 Disclaimers for content and listings on Kaufes.ch
Kaufes.ch is not obliged to review the listings, reviews, or other information published by members on the platform and, in particular, assumes no responsibility for:
- The accuracy and proper formatting of listings
- The quality, safety, legality, or availability of the products offered
- The authority, ability, and willingness of each member with regard to offering, buying, delivering, paying, or other contract performance
- The accuracy of translations when using the automatic translation function
10.4 Members and third parties
Kaufes.ch is not liable for damages suffered by members or third parties as a result of actions by other members or third parties in the context of the use or misuse of the marketplace.
10.5 Linked websites
Kaufes.ch makes no warranty as to the accuracy, timeliness, legality, quality, or completeness of the content of websites accessible via links on the Kaufes.ch web pages. In this regard, Kaufes.ch excludes any liability.
11 Indemnification
If other members, users, or third parties assert claims against Kaufes.ch due to legal violations arising from offers or content published by a member, or from any other use of the Kaufes.ch websites by members or users, the respective member or user shall indemnify Kaufes.ch against all such claims. Furthermore, the member or user shall bear the costs of Kaufes.ch’s legal defense, including court and attorney fees.
12 Severability clause
If individual provisions of these GTC are wholly or partially invalid or ineffective, the remaining provisions, or parts thereof, shall remain unaffected. Invalid or ineffective provisions shall be replaced by legally valid provisions that most closely reflect the original intent and purpose. The same applies to any gaps in these regulations.
13 Applicable law and place of jurisdiction
All disputes between Kaufes.ch and a (current or former) member relating to these GTC are subject to Swiss law. Unless otherwise required by law, the place of jurisdiction is Zug, Switzerland.