Rechtlicher Datenschutz

3.1 Addresses and Personal Data

It is prohibited to offer lists or documents containing addresses or other data related to specific or identifiable individuals (natural or legal persons) on Kaufes.ch.

Examples:

• Addresses of merchants, suppliers, manufacturers
• Mailing lists
• Bank customer data
• Personal data, phone numbers, email addresses, or other personally identifiable information
• Other address lists

3.2 Archaeological Cultural Artifacts

The sale of archaeological cultural artifacts on Kaufes.ch is not permitted unless the seller can provide official proof of the item's legal trade status. This documentation must be clearly visible in the listing.

Legal certificates are typically only issued for artifacts proven to originate before the enactment of the Swiss Civil Code (ZGB; SR 210). Items without provenance or from foreign countries cannot receive such certification. Simple customs export declarations, etc., do not qualify as valid proof.

Archaeological cultural artifacts include objects of historical, artistic, or scientific significance.

Examples:

• Coins, armor, utensils, ceramics (e.g., plates), jewelry, sculptures
• Religious artifacts such as relics

3.3 Pharmaceuticals and Medical Products

The following pharmaceuticals and medical products, as defined by the Swiss Therapeutic Products Act (Heilmittelgesetz), are prohibited on Kaufes.ch:

Examples:

• Prescription medications (sales categories A, B)
• Category D medications
• Contraceptives (e.g., birth control pills)
• HIV-/AIDS-Tests
• COVID-19 rapid tests
• Tigerbalsam
• Tiger Balm
• HCG hormone
• Melatonin
• One-step pregnancy tests
• DNA-Tests
• Pharmaceutical potency enhancers (e.g., Viagra)
• Weight-loss products like Cuts II
• Deworming medications
• B2UP chewing gum
• Products like poppers
• Hoodia
• Ruyan
• Nicotine replacement products (e.g., nicotine gum)
• Spaglog
• Spagyric remedies

3.4 Government IDs and Licenses

The sale of government-issued identification documents, licenses, or registry extracts is prohibited.

Examples:

• Official documents (driver’s licenses, passports, ID cards, permits, certifications, vaccination records)
• Fake IDs or materials used to produce them
• Birth certificates or commercial registry extracts
• Documents enabling misuse of titles (academic degrees, honorary titles, public offices) or professional designations (e.g., "Doctor," "Attorney")

3.5 Used Motorway Vignettes

The sale of used motorway vignettes is prohibited.

The Swiss motorway vignette is an official toll sticker valid only for the vehicle to which it is affixed. Once removed, it becomes invalid. Altering vignettes (e.g., with adhesive films) to appear valid is forbidden. Using a motorway without an affixed vignette also invalidates it.

Such manipulations constitute a criminal offense under Article 245(1)(2) and Article 245(2) of the Swiss Criminal Code (StGB; SR 311.0). Buyers of such vignettes may also face penalties, including imprisonment (up to 3 years) or fines.

3.6 Decryption Software and Hardware

It is not permitted to offer decryption tools on Kaufes.ch that are intended to unlawfully penetrate protected areas, trade secrets, encrypted data, etc., or that are exclusively designed to bypass or remove technical measures for protecting copyrighted works (such as copy protection).

Examples:

• Hacking software or hardware
• Odometer reset devices
• Modchips
• R4 cards for Nintendo DS/DSI
• Software to unlock SIM locks
• Hardware to unlock SIM locks (e.g., Griffin Box, Tornado Flasher, etc.)
• Software to copy copy-protected CDs or DVDs
• Decryption devices for Teleclub, Premiere, etc.
• AceKards
• M3 cards, etc.

3.7 Drugs and Other Psychoactive Substances

The offering of drugs according to the Narcotics Act, as well as other mind-altering substances, is prohibited on Kaufes.ch. This ban also extends to alcohol of any kind. Additionally, items that are suitable or intended for the production or consumption of psychoactive substances may not be offered.

Examples:

• Products falling under the Narcotics Act (such as heroin, cocaine, ecstasy, LSD, etc.)
• Items containing cannabidiol (CBD)
• Seeds from plants falling into this category (e.g., cannabis seeds)
• Items for intravenous drug use
• Accessories for snorting drugs
• Salvia Divinorum
• Poppers

3.8 Tickets, Entrance Tickets, and Flight Tickets

It is prohibited to offer personalized tickets that include the name of the authorized person and where the transfer is contractually prohibited. The barcode or the corresponding number must not be visible in the images. These areas must be covered.

When selling tickets before the official sales start, the seller must provide proof or documentation showing that they possess the tickets. In the event of suspected commercial ticket sales, Kaufes.ch reserves the right to request corresponding proof from the seller. If this proof cannot be provided, Kaufes.ch reserves the right to remove such offers and/or block the member.


3.9 Banner Advertising Spaces, Email Addresses, Licenses, Registration Rights, Domain Names, and Trademarks

It is not permitted to list offers on Kaufes.ch that involve the acquisition of banner advertising spaces, email addresses, licenses, registration rights, domain names, and trademarks.

3.10 Health-Hazardous Chemicals, Explosively Dangerous Products, and Radioactive Materials

It is not permitted to offer radioactive materials, explosives, fireworks of any kind, and dangerous chemicals on Kaufes.ch.

Furthermore, sellers must comply with all legal regulations regarding hazardous substances, plant protection products, fertilizers, and biocidal products.

The relevant laws and regulations in this area include the Chemicals Act (ChemG) and the Chemicals Ordinance (ChemV).

Examples of prohibited products include:

• Products with warning labels from a federal office
• Stink bombs
• Pepper spray and defensive sprays
• Fireworks
• Grenades
• Any products containing asbestos, particularly Eternit products manufactured before 1991

3.11 Communication Devices, Particularly Radio Equipment, That Violate Regulations

It is prohibited to offer communication devices on Kaufes.ch, especially radio equipment, that violate legislation.

Examples of such products include:

• Transmitters and/or receivers
• Radios
• Remote controls
• Remote controllers
• Radio cameras
• Search receivers
• Jammers
• FM transmitters with a range of more than 10 meters
• Radar warning systems

These items may only be sold and circulated if they comply with legal requirements. Amateur radio equipment may only be sold to license holders upon presentation of an amateur radio license and issuance of a receipt.

4.1 Illegal Services

The offering of services that involve or promote illegal or immoral activities is prohibited on Kaufes.ch.

Examples of prohibited services include:

• Services that are exclusively aimed at bypassing or disabling technical measures for protecting copyrighted works (such as copy protection).

4.2 Services with Sexual Content

The listing of services with sexual content, such as prostitution, escort services, video or phone sex, or similar offerings, is not permitted on Kaufes.ch.

4.3 Esoteric Services

It is prohibited to list services with an esoteric character, such as clairvoyance, fortune-telling, contact with the afterlife, or similar offerings on Kaufes.ch.

Kaufes.ch reserves the right to remove offers that violate the following guidelines:

5.1 Use of other languages:

It is prohibited to list offers in languages other than German, French, Italian, or English on Kaufes.ch.

5.2 Incorrect categorization:

Offers that are posted in the wrong categories may be deleted or simply moved by Kaufes.ch.

Examples of this include:

• A motor vehicle listed in the Kitchen Appliances category
• Books listed in the Car Parts category

5.3 Profit or donation promises:

It is prohibited to sell items on Kaufes.ch that are associated with profit promises. The sale of offers that include donation promises is also prohibited without prior agreement with Kaufes.ch. This policy is also subject to the provisions of the Lottery Act.

5.4 Category spamming:

It is prohibited on Kaufes.ch to list identical offers multiple times if this results in the offer lists becoming cluttered and items from other sellers being difficult to find.

Examples include:

• A seller offers identical items with multiple user accounts.
• Identical offers are listed multiple times within the same time period, rather than being grouped together in a multi-offer.
• Only minimal changes are made to the title and product description to create the appearance of a difference.
• The same item is offered at different prices.

In such cases, Kaufes.ch reserves the right to remove the corresponding offers and warn or block members who list such offers.

5.5 Misleading information and unfair behavior:

It is prohibited to post offers on Kaufes.ch that contain subjectively false or objectively misleading information. Any form of deceptive or unfair behavior that influences the relationship between the seller, competitors, and customers is also prohibited.

Examples of this include:

• Inconsistent information between images and text or contradictory details.
• False or misleading information about the condition or characteristics of the goods.
• Offering goods with false geographical origin labels (e.g., “Swiss Made” for products made in China).
• Listing inflated comparison prices ("moon prices").
• Unfair advertising and sales methods.
• Price comparisons or promises of bonuses or other benefits related to alcoholic beverages.

5.6 Manipulation of search results or other platform functions on Kaufes.ch:

It is prohibited on Kaufes.ch to use untruthful, misleading, or inappropriate words in the offer description (particularly in the item description and title) to manipulate search results. It is also prohibited to manipulate the rating profile through offers.

Examples of this include:

• Use of hidden text.
• Mentioning well-known brands that are unrelated to the offer.

5.7 Rental and subscription contracts:

It is prohibited to sell items on Kaufes.ch that require the conclusion of a rental contract. Products that require the conclusion of a subscription must clearly state this condition. Similarly, products that require the conclusion of a leasing or installment contract are prohibited.

Examples of this include:

• Mobile phones with contract binding.
• Registered prepaid cards with no option for a holder change.

5.8 Search and exchange requests:

Offers that include searching or exchanging products will be removed by Kaufes.ch. Furthermore, questions & answers as well as reviews that violate this regulation may be deleted.

Examples of this include:

• Search requests
• Suchanfragen
• Exchange advertisements

5.9 Prohibited information:

It is particularly prohibited to publish offers with the following information:

5.9.1 Account details, addresses, emails, and phone numbers:

The disclosure of contact details such as postal address, website, VAT number, company registration number, phone number, email, and bank account details in offers, reviews, images, and questions & answers (including "Private" responses in questions & answers and in personal profile pictures) is prohibited. However, there are exceptions:

• In vehicle auctions and advertisements, mentioning a phone number in the offer is allowed.
• In "Questions & Answers," a phone number may be provided if a potential buyer asks for it in connection with a viewing.
• Providing a website address is only allowed to link to product information on the manufacturer's website, but not to an online store.

5.9.2 Information on watches and jewelry:

Jewelry and watches made of base metal, gold-plated, silver-plated, etc., may not include the following information:

• Purity information
• Information on the proportion or weight of the precious metal used
• Names associated with precious metals or other information that could mislead about the actual value or composition of the item
• Attributes that diminish the value of a valuable item (such as "pl." for simple plating with precious metal, "cz." for zirconia stones instead of diamonds, etc.) must be stated in the language of the offer in both the title and the body text and cannot be abbreviated.
• Information about the layer thickness
• These provisions also apply analogously to packaging, promotional statements in brochures, ads, online offers, etc.

5.9.3 Motor vehicles and motorcycles:

Parts and equipment for vehicles that have not been tested together with other components according to Swiss regulations must be clearly marked with the following notice:

"Not approved for Swiss road traffic according to the technical requirements for road vehicles."

Examples:

• Xenon burners in conventional reflectors

5.10 Sales outside of Kaufes.ch:

Advertisements indicating that additional products can be purchased outside of Kaufes.ch after the purchase will be removed. Ads will also be deleted if Kaufes.ch fees are circumvented and/or the final price is not visible (e.g., bulk goods).

Examples:

• Notes in the ad text that refer to additional purchases outside of Kaufes.ch, such as: "For an additional fee of xxx CHF, you can purchase additional identical items or add-ons to the offer," or "Inquiries from resellers are welcome," etc.
• A note in the ad text that, for example, a pair of speakers is being auctioned, while the offer actually includes two items and/or the listed price only refers to one speaker, leading to double billing in the case of a single offer.

5.11 Advertising / Web addresses:

Any form of self- or third-party advertising in any offer images, titles, descriptions, reviews, personal profile pictures, and questions & answers (including "Private" responses in questions & answers) as well as in usernames is prohibited.

Examples:

• Mentioning web addresses (web addresses, email addresses, or similar)
• Inserting links leading to online stores
• Inserting links referring to other online auction platforms, classifieds sites, and car portals
• Advertising with political or religious references

Exceptions:

• Links to the website of the manufacturer of the offered goods are also acceptable.

5.12 Other violations of legal provisions and ethical standards:

It is generally prohibited to offer items or present them in a way that violates legal requirements or moral principles.

Examples:

• Shipping products via military mail.