Terms and Conditions of Use

AGREEMENT TO THE TERMS

These Terms of Use constitute a legally binding agreement between you, whether acting in a personal capacity or on behalf of an entity (“you”), and Baticlick (“we”, “us” or “our”), hereinafter referred to as “BTC”, concerning your access to and use of the baticlick.com “Website” as well as any other media formats, media channels, linked or otherwise connected thereto (collectively, the “Site”).

You agree that, by accessing the Site, you have read, understood and agree to be bound by all of these Terms of Use. If you do not agree to all the Terms of Use, you are expressly prohibited from using the Site and must cease using it immediately.

Any supplementary terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, at our sole discretion, to make changes or amendments to these Terms of Use at any time and for any reason.

We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically to keep up to date with any changes. You will be bound by, and will be deemed to have been made aware of and to have accepted, any changes to the revised Terms of Use by your continued use of the Site after the date on which such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would contravene any law or regulation, or which would subject us to any registration requirement within that jurisdiction or country.

Accordingly, those who choose to access the Site from other locations do so of their own accord and are solely responsible for complying with local laws, where and to the extent that such laws apply.

The Site is intended for users aged 13 or over. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must ensure that your parent or guardian reads and agrees to these Terms of Use before you use the Site.

TERMS AND CONDITIONS OF SALE

Baticlick operates online stores for the listing of products and services by providers from various parts of Europe, and makes these available to its customers, who are resident in Switzerland, for the purchase of the products and services listed on the website. Customers listing products will hereinafter be referred to as “sellers”, customers purchasing products as “buyers” and the transaction as either a “purchase” or a “sale”.

The range of products and services available in the online shop (hereinafter “the range”) is intended exclusively for customers whose place of residence or place of business is in Switzerland. Deliveries are made exclusively to addresses in Switzerland.

You acknowledge and agree that:

The marketplace provides an online platform where sellers can sell and buyers can purchase products and services;

We shall accept binding sales on behalf of sellers, but Baticlick is not a party to the transaction between the seller and the buyer;

a contract for the sale and purchase of one or more products and services will come into force between the buyer and the seller, and you therefore undertake to buy or sell the relevant product(s) and services upon the buyer’s confirmation of purchase via the marketplace; and

Baticlick is not a party to the purchase agreement. It acts solely as an intermediary and service provider between the buyer and the seller. The purchase agreement is entered into exclusively between the buyer and the seller.

For certain services, the customer shall request a quote, and Baticlick shall be responsible for forwarding the customer’s quote request to the seller; the seller shall then accept the quote request and provide all the necessary information requested, including the price for the service in question.

Subject to these general terms and conditions, the seller’s terms of business shall govern the contract of sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions shall be incorporated into the contract of sale and purchase between the buyer and the seller:

the price of the product and services will be as stated in the relevant product listing;

the price for the product and services must include all taxes and comply with all applicable laws in force at the time;

delivery charges, packaging charges, handling charges, administrative charges, insurance costs, and other ancillary costs and charges shall only be payable by the buyer if this is expressly and clearly stated in the product listing;

products and services must be of satisfactory quality, fit for purpose and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

The seller warrants that it has clear title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions, including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

The seller acknowledges that it shall be solely responsible for the dispatch and delivery of its products and services once payment has been received by Baticlick. The seller shall clearly state its returns and refunds policy on its seller page or in the product or service description.

ORDER CHANGE OR CANCELLATION

Placing an order implies that the customer accepts the products and services. Baticlick or the merchant may, at its own discretion, accept subsequent changes to or cancellations of orders by the customer and charge an administration fee of 20% of the value of the cancelled order, subject to a minimum of CHF 60, as well as any loss in value of the ordered products.

In the event of (partial) inability to deliver (a circumstance leading to termination) after an order has been placed, the customer will be notified immediately by email. If the customer has already made payment, the amount will be refunded. If no payment has been made, the customer is exempt from the obligation to pay the amount due. Further claims arising from a delay in delivery or failure to deliver are excluded.

RETURNS AND REFUNDS

Refunds for returned products shall be handled in accordance with the Seller’s refund policy, which is clearly set out on the Seller’s page. In the event of a return, the products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be charged in full to the customer, as applicable.

It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to the Seller. The Seller reserves the right to carry out further deletions or resets of the product and to delete any personal data. A complete loss of data must be expected. Baticlick accepts no liability for any third-party access to, use of, modification of or ownership of any remaining data stored on the product.

Should customers exercise their right of return in accordance with the above-mentioned return conditions, Baticlick shall refund the full purchase price, excluding any minimum order surcharge paid.

PAYMENT / PAYMENT METHOD

Once a sale has been concluded between the seller and the buyer at their own risk, the buyer shall make payment to Baticlick, which is acting as an intermediary. The seller shall deliver the product(s) or services to the buyer as agreed (either by home delivery or in-store collection). The buyer shall receive and inspect the products to verify the condition of the products and services delivered, ensuring they are correct, complete and free from any potential transport damage. Upon confirming that the products delivered to the buyer are in good condition, the buyer shall notify Baticlick to release the funds to the seller. The buyer has 5 days to inspect the products upon receipt and confirmation of delivery. After 5 days, if the buyer fails to notify Baticlick of the condition of the products received, Baticlick shall unconditionally release the funds to the seller and the transaction shall be deemed complete. In the event that the products delivered, after 5 days without notification from the buyer, are not in good condition, the buyer shall hold Baticlick harmless and Baticlick shall not be held liable for the products and services delivered to the buyer.

Payment Method

Payments shall be made either via traditional credit card payment methods (Visa, MasterCard, etc.) or via e-wallets such as Apple Pay, using the Stripe payment gateway.

When paying by credit card or other instant payment methods, the amount is debited at the time the order is placed. In the case of prepayment, delivery is made only once full payment has been received.

Payment must be made in Swiss francs.

DELIVERY / DELIVERY DATE

The customer is either given a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by the seller is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) from the 30th calendar day following the originally scheduled delivery date. In such an event, the seller will refund the customer any amount paid in advance. No further claims against Baticlick or the seller shall apply.

The delivery address in Switzerland must be easily accessible by lorry. Should this not be the case, the customer shall bear any resulting costs.

If the customer selects the “delivery to place of use” option, it is the customer’s responsibility to ensure that the place of use is accessible. The customer must check that the product can fit through all entrances, such as staircases, doors, etc. If the products cannot be transported to the place of use, the customer must bear any additional charges.

Should the customer refuse to accept the ordered products on the agreed or specified delivery date, Baticlick or the merchant may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss in value.

If the customer does not collect the ordered products from one of our shops (in-shop collection) within 14 calendar days of the agreed date, Baticlick may withdraw from the contract (cancellation).

RULES REGARDING YOUR CONTENT

In these general terms and conditions, “your content” means:

all works and materials (including, without limitation, text, graphics, images, audio material, video material, audiovisual material, scripts, software and files) that you submit to us or our online platform for storage, publication, processing or onward transmission; and

all communications on the platform, including product reviews, feedback and comments.

Your content, and our use of your content in accordance with these general terms and conditions, must be accurate, complete and truthful.

Your content must be appropriate, civil and tasteful, and in accordance with generally accepted standards of etiquette and behaviour on the internet, and must not:

be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

depict violence in an explicit, graphic or gratuitous manner; or

be blasphemous, or in breach of legislation on racial or religious hatred or discrimination;

be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

causes annoyance, inconvenience or unnecessary anxiety to any person; or

constitutes spam.

Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

any right to confidentiality, right to privacy or right under data protection legislation;

any contractual obligation owed to any person; or

any court order.

You must not use our online store to link to any website or web page consisting of or containing material which, if posted on our marketplace, would breach the provisions of these general terms and conditions.

You must not submit to our online shop any material that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.

The review function on the online platform may be used to enable buyers to review products. You must not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them against a particular buyer, seller or item; or (iii) contacting another user with the intention of collecting any payments.

You acknowledge that all users of the marketplace are solely responsible for their interactions with other users, and you must exercise caution and good judgement when communicating with users. You must not send them any personal information, including credit card details.

We may review your content from time to time and we reserve the right to remove any content at our discretion for any reason whatsoever.

OUR RIGHT TO USE YOUR CONTENT

You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

You grant us the right to sub-licence the rights granted under clause 6.1

You hereby waive all your moral rights in your content to the fullest extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the fullest extent permitted by applicable law.

Without prejudice to our other rights under these general terms and conditions, if you breach our content rules in any way, or if we reasonably suspect that you have breached our content rules, we may delete, unpublish or edit any or all of your content.

COPYRIGHT AND TRADEMARKS

Subject to the express provisions of these general terms and conditions:

We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

All copyright and other intellectual property rights in our website and the material on our website are reserved.

Baticlick’s logos and our other registered and unregistered trade marks are trade marks belonging to us; we do not grant permission for the use of these trade marks, and such use may constitute an infringement of our rights.

Third-party registered and unregistered trade marks or service marks appearing on our website are the property of their respective owners; we do not endorse, nor are we affiliated with, any of the holders of such rights, and as such we cannot grant any licence to exercise those rights.

DATA PRIVACY

Buyers agree to the processing of their personal data in accordance with the terms of Baticlick’s Privacy and Cookie Notice.

Sellers shall be directly liable to buyers for any misuse of their personal data, and Baticlick shall bear no liability to buyers in respect of any misuse of their personal data by sellers.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these general terms and conditions shall limit any liability in any way that is not permitted under applicable law; nor shall it exclude any liability or statutory rights that may not be excluded under applicable law. Baticlick shall not be liable for any loss or damage of any kind, including in respect of:

any losses arising from any interruption or malfunction of the website;

any losses arising from any event or events beyond our reasonable control;

any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

any loss or corruption of any data, database or software; or

any special, indirect or consequential loss or damage.

ENTIRE AGREEMENT

These general terms and conditions and the Baticlick policies and guidelines (and, in the case of sellers, the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our online platform and shall supersede all previous agreements between you and us in relation to your use of our online platform.

SEVERABILITY

If any provision of these general terms and conditions is held by any court or other competent authority to be unlawful and/or unenforceable, the remaining provisions shall remain in force.

If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part shall be deemed to have been deleted, and the remainder of the provision shall remain in force.

LAW AND JURISDICTION

These general terms and conditions shall be governed by and construed in accordance with Swiss law.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.