General Terms and Conditions Movengo
These General Terms and Conditions govern the rights and obligations related to the use of the services offered on the website "www.movengo.ch".
1 General provisions
1.1 Scope of application and validity of these Terms and Conditions
By logging into the Marketplace, the Member confirms these GTC each time. Movengo reserves the right to amend the GTC at any time. The Members shall also be notified of the changes within a reasonable period of time before they come into force. In doing so, Movengo shall once again draw Members' attention to the possibility of objecting. If a Member does not object to the validity of the new GTC within 10 days of this information, the amended GTC shall be deemed to have been accepted.
1.2 Movengo marketplace
These GTC refer to the provider of a product as the "Seller", the purchaser of a product as the "Buyer" and the purchase process as "Purchase" or "Buy".
1.3 Obligations for the use of Movengo
Members can conclude contracts on the marketplace. Only the Buyer and the Seller shall be obligated and entitled under such contracts. The fulfilment of the contract is the exclusive responsibility of the Seller and the Buyer. There is no entitlement to use the Movengo Marketplace. Movengo reserves the right to exclude Members from using the Platform without giving reasons.
1.4 Legal Status of Movengo
Movengo is not a party to contracts between Users of the Platform. Movengo disclaims any liability in connection with a purchase transaction. Movengo does not control the conduct of its Users. In particular, Movengo shall be entitled, but not obliged, to check the offers, texts and pictorial representations published on the Marketplace by its Members for their legality or other admissibility in any way. This shall also apply in particular to the system used by Members on their own responsibility to rate Members.
By using the marketplace, i.e. by registering and providing personal data, the User becomes a Movengo "Member".
1.6 Types of offers on the Movengo Marketplace
In the case of an auction on Movengo, an offer is published on the marketplace for a period of time determined by the Seller and at the conditions determined by the Seller. Starting at the fixed minimum price, potential buyers can place bids.
Posting a product for the purpose of conducting an auction constitutes a binding offer by the Seller. If a bid is placed within the last four minutes of the bidding period, the auction closes four minutes after the last bid has been entered. The bid is awarded to the highest bidder.
b) Offers at a fixed price
The listing of a product by the seller at a so-called fixed price constitutes a binding offer for the immediate sale of the product to the person who agrees to pay this fixed amount.
If an offer in auction form additionally contains the possibility to buy the product immediately at a fixed price and thus to end the auction prematurely, this price is called "fixed price" for the sake of clarity.
2.1 General Information
In order to use the Movengo marketplace, it is necessary to register as a User with a personal account. Registration and membership are free of charge. Membership is personal and non-transferable.
2.2 Requirements for membership
Membership is only open to natural persons or legal entities over the age of 18 who are capable of acting.
In the event of changes to the information to be entered during registration, the member is obliged to update this information immediately in the personal user account. The member's user name may not be immoral and may not contain any reference to an e-mail or Internet address.
2.3 Term of Membership
Membership shall commence with the sending of an e-mail confirmation by Movengo following successful registration and agreement to these GTC and shall end at any time upon written notice of termination to Movengo. Cancellation is invalid if the Member's account balance is not balanced or if the Member currently offers products on Movengo or rents products.
Movengo shall be entitled to temporarily block or definitively exclude a Member for factual reasons, in particular in the event of disregard of these GTC.
3 Duties of the Members
The Member is obliged to keep his/her personal password and the activation code received from Movengo secret at all times and never to disclose or make it accessible to third parties.
The use of mechanisms, software or other scripts that could interfere with the proper operation of the Website is prohibited.
Furthermore, no intellectual property rights of third parties may be violated. The member may only use and publish pictures and texts on www.movengo.ch which he/she has created himself/herself or the use of which has been approved by the holder of the rights; this also applies in particular to text and picture material which is publicly accessible on another website. Likewise, no personal rights of third parties may be violated.
Advertisements on Movengo for any products are not permitted and will result in immediate withdrawal of membership. For this reason, no URL links or web addresses may be published. The information about a seller that can be viewed in an offer or other information that Movengo may transmit in connection with offers may only be used in connection with the corresponding offer.
It is prohibited to manipulate the prices of one's own or third party Offers by using several Movengo accounts or in conjunction with accounts of third parties. It is also prohibited to submit bids by means of automated data processing procedures. It is prohibited to take actions that serve to circumvent Movengo's fee structure (e.g. offers with disproportionately high shipping costs).
Movengo may prohibit the publication of the sale of certain products, individual offers, text and image material, etc. at any time and without stating reasons. No claims whatsoever may be asserted against Movengo as a result thereof.
Movengo is authorized, at its own discretion, to warn or exclude a Member if a Member has violated its obligations towards another Member.
In the event of system failures, Movengo shall be entitled, but not obliged, to extend or shorten the duration of offers, insofar as this appears necessary for the proper execution of the offer.
Texts and pictorial representations may not be aimed at concluding contracts outside of the marketplace or directly or indirectly invite the conclusion of such contracts.
The evaluation of Sellers and Buyers must be truthful and factual. Movengo is authorized at any time and at its own discretion to intervene in the rating system and to delete or correct ratings.
Movengo shall have the right to technically edit, prepare and adapt offers and contents of Members in such a way that they can also be displayed on mobile end devices. The Members are aware that the presentation of the Offers on the mobile end device may differ from that on the Website.
5 Duties of the sellers
a) General obligations
The general obligations of a seller according to the Swiss Code of Obligations (OR) apply. In addition, the seller is not permitted to sell the offered product elsewhere or to grant third parties rights to it during the offer period.
It is also not permitted for the Seller to pass on Movengo fees to the Buyer.
6 Procedure of the Offer
Movengo shall not assume any responsibility or guarantee for Members fulfilling their contractual obligations. In the event of non-fulfilment of contractual obligations, Movengo may mediate and provide support.
As long as there is no bid, the Seller shall be entitled to delete his offer. As soon as a bid is received, the Seller shall be bound by the offer. The bid can only be validly entered in the input mask provided for this purpose.
6.2. Expiry of the offer period
With the expiration of the offer period, a purchase contract between the seller and the bidder with the highest bid is concluded. There is no right of withdrawal.
If a member bids an amount equal to the fixed price, a binding contract between him/her and the seller is concluded immediately without further ado. There is also no right of withdrawal for this form of offer.
The purchase price is always inclusive of any value added tax.
6.3. Fulfillment of the contract
The general obligations of a seller according to the Swiss Code of Obligations (OR) shall apply with the exception of the following provisions:
Within 7 calendar days of the conclusion of the contract, each party shall provide the other party with such information as the other party requires in order to fulfill the obligations of the contract, such as, in particular, the account data. If these requests remain unsuccessful, the requesting party is entitled to withdraw from the contract after the expiry of the 7 calendar days from the conclusion of the contract.
The subject matter of the contract and the payment for the product shall be provided no later than 14 days after the conclusion of the contract.
8 Exclusions of liability
Movengo shall only be liable for damage caused by intentional or grossly negligent actions on the part of Movengo. Otherwise, liability on the part of Movengo is excluded.
9 Severability Clause, Applicable Law, Place of Jurisdiction
Should individual provisions of these General Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
All disputes arising in connection with these GTC between Movengo and a (current or former) Member shall be subject to Swiss law. The place of jurisdiction is Zurich.