{"id":1438,"date":"2024-05-10T10:32:38","date_gmt":"2024-05-10T10:32:38","guid":{"rendered":"https:\/\/help.kaufes.ch\/?page_id=1438"},"modified":"2026-10-15T12:56:32","modified_gmt":"2026-10-15T12:56:32","slug":"agb","status":"publish","type":"page","link":"https:\/\/help.kaufes.ch\/en\/agb\/","title":{"rendered":"Bedingungen und Konditionen (AGB)"},"content":{"rendered":"
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Home<\/a><\/span><\/span><\/p>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Terms and Conditions \n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The present General Terms and Conditions govern the rights and obligations regarding the use of the services offered on the website \u201cwww.kaufes.ch,\u201d which is a subsidiary of Swiss Software Helden GmbH.<\/p>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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1 Introduction\u00a0<\/b><\/p>

1.1 Scope and applicability of these General Terms and Conditions<\/strong><\/span><\/p>

The following General Terms and Conditions (GTC) of Kaufes.ch, located at Bernstrasse 8, 3363 Herzogenbuchsee, Switzerland (hereinafter \u201cKaufes.ch\u201d), together with the provisions binding in addition to these GTC \u2014 including the Privacy Policy and the Fee Regulations \u2014 govern the rights and obligations relating to the use of the products offered by Kaufes.ch on the website www.kaufes.ch<\/span><\/a> (including all subdomains, hereinafter collectively referred to as the \u201cMarketplace\u201d), as well as the contractual relationship between Kaufes.ch and its members. In addition, the API Terms of Use apply when using the interface.<\/p>

1.2 Confirmation and amendment of these GTC\u00a0<\/strong><\/span><\/p>

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.<\/span><\/p>

1.3 Kaufes.ch Marktplatz\u00a0<\/strong><\/span><\/p>

Kaufes.ch provides its registered members with a platform to offer and acquire services, goods, and rights (hereinafter \u201cProducts\u201d). In these General Terms and Conditions, the person or company offering a product is referred to as the \u201cSeller,\u201d and the person or company acquiring a product is referred to as the \u201cBuyer.\u201d The act of acquiring is referred to as a \u201cPurchase\u201d or \u201cBuying.\u201d<\/span><\/p>

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1.3 Principles for the use of the Kaufes.ch platform\u00a0<\/b><\/p>

1.3.1 Independent use<\/strong><\/span><\/p>

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.<\/span><\/p>

1.3.2 Legal position of Kaufes.ch<\/strong><\/span><\/p>

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.<\/span><\/p>

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.<\/span><\/p>

1.3.3 No automatic right of use<\/strong><\/span><\/p>

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.<\/span><\/p>

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1.4 Definitions<\/b><\/p>

1.4.1 Membership<\/strong><\/span><\/p>

By providing personal information and agreeing to these General Terms and Conditions (GTC), the customer automatically becomes a \u201cMember\u201d 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.<\/span><\/p>

1.4.2 Offer<\/strong><\/span><\/p>

An \u201cOffer\u201d refers to the publication of a self-created description for the sale of a product on the Marketplace.<\/span><\/p>

1.4.3 Types of offers on the Kaufes.ch Marketplace<\/strong><\/span><\/p>

Offers can be created in different formats. The following types are currently available:<\/span><\/p>

  1. a) Auctions<\/li><\/ol>

    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.

    \nIn 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.<\/span><\/p>

    1. b) Fixed-price offers \/ Auctions with \u201cBuy Now\u201d option<\/span><\/li><\/ol>

      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.<\/span><\/p>

      If an auction listing additionally offers the option to purchase the product early at a fixed price \u2014 thereby ending the auction \u2014 this price will be clearly referred to as the \u201cBuy Now price.\u201d<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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      2 Membership \n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      2.1 Purpose\u00a0<\/strong><\/span><\/p>

      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).<\/span><\/p>

      2.2 Declaration<\/strong><\/span><\/p>

      Registration and membership are free of charge. Membership is personal and non-transferable.<\/span><\/p>

      2.3 Basic requirements for membership<\/strong><\/span><\/p>

      2.3.1 Legal capacity<\/strong><\/span><\/p>

      Membership is available exclusively to natural or legal persons with full legal capacity. Minors (under 18 years of age) are excluded from membership.<\/span><\/p>

      2.3.2 Personal data<\/strong><\/span><\/p>

      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.\n\nWhen 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.<\/span><\/p>

      Kaufes.ch reserves the right to request additional information and\/or verifications for certain functions at any time, or to waive such requirements.<\/span><\/p>

      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.<\/span><\/p>

      2.3.3 Persons abroad<\/strong><\/span><\/p>

      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:<\/span>\u00a0<\/span><\/p>

      info@kaufes.ch<\/a><\/p>

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      2.4 Commencement and termination of membership<\/strong><\/span><\/p>

      2.4.1 Commencement<\/strong><\/span><\/p>

      Membership becomes effective once Kaufes.ch sends an email confirmation following successful registration and agreement to the General Terms and Conditions (GTC).<\/span><\/p>

      2.4.2 Termination by the user<\/strong><\/span><\/p>

      Membership may be terminated at any time by sending a written cancellation via email to info@kaufes.ch<\/a>, provided that all of the following conditions are met:<\/p>