SALE AGREEMENT

This Seller Agreement constitutes a legally binding agreement between Baticlick (“we”, “us” or “our”) and you, whether personally or on behalf of an entity (“you”). All persons or entities wishing to sell and supply Products to Customers or to access or use this website must fully accept these Seller’s Terms and Conditions (“Agreement”). BY REGISTERING FOR OR OTHERWISE USING THIS WEBSITE, YOU (1) ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT, AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND (2) REPRESENT AND WARRANT THAT YOU ARE EXPRESSLY AUTHORISED TO BIND THE VENDOR TO THIS AGREEMENT.

SCOPE

Baticlick owns and operates a platform in Switzerland that enables sellers from various European countries to sell their products to residents of Switzerland online. This platform is currently available on the website baticlick.com, but may be made available on the Apps in the future.

The Seller will have the opportunity to sell their products on the Baticlick platform. Baticlick is entitled to accept purchases on behalf of the Seller. The service provided by Baticlick is limited to referring customers to the Seller and accepting orders and payments on their behalf. In addition, at Baticlick’s discretion, it may provide the Seller with analytics regarding the performance of the Seller’s products and additional marketing support. This support may be commensurate with the agreed commission rate.

The Seller authorises Baticlick to accept binding orders from customers on its behalf.

Baticlick is under no obligation to monitor the behaviour of its members or Sellers in connection with their use of the Platform. In particular, Baticlick is entitled, but not obliged, to monitor offers, texts and images published by its members or Sellers on its platform as regards their legality or admissibility in any respect. This applies in particular to the member and Seller rating system used by members on their own responsibility.

Baticlick may make changes to the website or service, or suspend the service, without notice.

There is no right to registration, membership, use of the Platform or to claim services from Baticlick. In particular, Baticlick may at any time refuse a registration, exclude a member in accordance with section 15, prohibit use of the Platform or remove a service.

BATICLICK’S RIGHTS AND OBLIGATIONS

The Seller acknowledges that the relationship between customers and Baticlick is governed by the privacy policy and the Terms and Conditions of Use, both of which are available on the website.

Baticlick will display the products and services listed by the seller on its website. The seller will be responsible for listing their own products and services.

Baticlick is authorised to accept binding sales on behalf of the Seller and will take care to pass order details on to the Seller to the best of its technological ability.

In order to maintain its reputation for quality and high standards of service, Baticlick reserves the right to terminate its relationship with the Seller if the Seller repeatedly receives negative reviews or complaints, or fails to comply with Baticlick’s recommendations.

THE SELLER’S RIGHTS AND OBLIGATIONS

The Seller is obliged to provide all the necessary information when listing products and services on baticlick.com. This should include, but is not limited to: a detailed title and subtitle, price, quantity, image and description. The Seller must never knowingly mislead a potential customer by misrepresenting their products and services. The Seller must notify Baticlick of any changes to the details of their listings uploaded to the site.

The Seller guarantees that the information listed on Baticlick relating to its products complies with all legal requirements, and in particular meets the information requirements for consumer protection.

The Seller will be responsible for maintaining an up-to-date stock list of all their products listed on Baticlick.

The Seller guarantees that the information they provide does not infringe any third party’s copyright.

The Seller will not contact customers any more than is necessary for the processing of transactions referred by Baticlick. In particular, the Seller will not send any promotional emails or other commercial advertisements to customers without Baticlick’s prior consent. When delivering products and services sold via Baticlick’s online shop, the Seller will not advertise any of Baticlick’s competitors.

The Seller will process orders and arrange delivery with reasonable care as soon as a confirmation of sale is received via the Baticlick website by email and/or text message. The delivery options and times stated in their listing are binding; orders must be fulfilled and delivered within 5 working days. The Seller is required to ensure, to the best of their ability, that the products and services they advertise are available. Repeated stock-outs will result in the Seller and all their products being removed from the Baticlick platform.

If the seller lists the same products and services on any other online shop, the price quoted on the Baticlick online shop must not be higher than the prices quoted on those other online shops where the same products and services are listed.

The Seller shall be responsible for all activities between sellers and customers, including: listing products and services that are readily available for purchase, setting up and managing shops, agreeing delivery and shipping terms with customers, stock management, and the returns and refunds policy for all products and services.

The Seller shall also clearly state on their sales page: the Seller’s working days, opening and closing times. The Seller shall ensure that all times stated are correct and are strictly adhered to.

The Seller will ensure a prompt response to all messages, order requests and requests for quotations within a maximum of 3 hours from which the request was sent during working hours, and shall ensure that all purchased products and services are dispatched promptly and received by customers within 5 working days.

If the Seller is unable to fulfil an order placed with them, they must notify Baticlick as soon as possible, and at the latest within 1 day upon receipt of the order.

The Seller agrees to adhere to the range of Products and Services, and the prices, as provided to Baticlick and as described in their listing on the website. The Seller guarantees that there are no sales of prohibited goods and services and that there are no ongoing criminal, bankruptcy or tax proceedings, or other outstanding penalties, in relation to the products they are selling via the Baticlick platform. The Seller further guarantees to take great care to keep their range of products, stock levels, prices and associated terms and conditions, including delivery charges, up to date.

The Seller’s representative must provide Baticlick with a copy of their valid identity card upon signing the contract.

Technical restrictions: The use of mechanisms, software or other systems that could interfere with the proper functioning of the website is prohibited. Members are not permitted to take any action that would place an unreasonable or excessive burden on Baticlick’s infrastructure.

Sellers are not permitted to block, replace or modify content generated by Baticlick, or otherwise interfere with the Baticlick website in any disruptive manner.

The Seller shall not attempt to harm or abuse another Seller, their listings or ratings, or attempt to influence customers’ ratings, feedback and reviews.

The Seller must provide accurate information to Baticlick and update this information should there be any changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

The Seller must not attempt to divert Baticlick clients or customers to another website by providing links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Entries, texts and illustrations that a seller publishes in any form on the Platform (product descriptions, reviews, texts, etc.), texts for end-of-transaction messages, personal messages, etc., or which they communicate in any other way on the Platform, must not in any way contain advertising for products that the seller does not currently offer, or will not soon offer, for sale on the Platform.

The Seller ensures that offers and content (including photos and images) published on the Platform do not contain URL links or web addresses. Exceptions to this rule are offers in the form of classified adverts, as well as the exceptions set out in the general list of prohibitions.

The Seller warrants that it has a valid 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.

For booking services: the Seller must clearly state the rental agreement and terms and conditions on their sales page, which the user can read before booking; and for donations, the member must highlight the terms and conditions for such a donation on their sales page on the Baticlick website.

Breaching the Obligations or any other Baticlick policies may result in action being taken against your account, such as the cancellation of listings, the suspension or forfeiture of payments, and the withdrawal of selling privileges.

MINIMUM REQUIREMENTS FOR MEMBERSHIP

Exercise of civil rights

Only individuals or legal entities with full civil rights may become members of Baticlick. Minors (under the age of 18) may not be members of Baticlick.

Personal data

The details provided at the time of registration must be complete and accurate at all times, and must, in principle, include the following: full name, date of birth, current home address, telephone number (no premium-rate numbers, e.g. 0900), and a valid email address. If a company is registered, the name of the contact person and the full company name must be provided. In the event of any changes, the Member is obliged to make the necessary corrections immediately in their personal user centre so that the information remains complete and correct at all times. Baticlick may at any time request additional information for specific functions and/or carry out checks, or waive such requests.

The username chosen by the member at the time of registration must not be obscene, derogatory or offensive; nor must it contain details of an email address or website; nor must it infringe the rights of a third party.

RATINGS, FEEDBACK AND REVIEWS

The Seller will not attempt to influence or inflate customers’ ratings, feedback and reviews. The Seller may request feedback and reviews from their own customers in a neutral manner, but will not:

Pay for or offer an incentive (such as vouchers or free products) in exchange for providing or removing feedback or reviews.

Ask customers to write only positive reviews, or ask them to remove or amend a review.

Only ask for reviews from customers who have had a positive experience with the seller.

Review their own products or those of their competitors.

CONFIDENTIALITY

Both parties are obliged to treat as confidential all the contents of this agreement, as well as all other information and data they obtain in connection with the partnership; and not to use it for purposes outside the scope of this contract or disclose it to third parties.

All customer details received by the Seller during the customer’s purchase of the Seller’s products and services must be treated as confidential and must not be disclosed or transferred to any third party for any purpose. If the Seller receives a customer’s information, such as addresses or telephone numbers, in order to fulfil orders, the Seller will only use that information to fulfil orders and must delete it once the order has been processed. The Seller will not use customer information to contact customers or share it with any third parties.

OPERATION OF THE MEBF PLATFORM

Advertisements prohibited:

Baticlick is entitled to prohibit the listing of certain products and product groups on its platform at any time, at its own discretion and without having to provide a reason. A non-exhaustive, constantly updated list of such products and product groups can be found on the general ban list. In the event that a listing is removed due to such prohibitions, the publication fees will not be refunded.

Published content, offers and auctions; categories:

Baticlick is entitled to delete bids, offers, text and images on its website at any time without giving reasons. This applies in particular to bids published in an inappropriate category, as well as to bids, text and images that are clearly fictitious and infringe the rights of third parties. Such deletions do not give rise to any claims against Baticlick.

In addition, Baticlick is entitled to rename, subdivide, group, delete or create categories of offers, and to move existing offers to another category or delete them without prior notice or reason.

Failure to comply with the Baticlick terms and conditions

Baticlick shall be entitled to issue a warning to the Seller if there is substantial and credible evidence that the Seller has breached the terms and conditions. In particular, Baticlick shall have the right to issue a warning to the Seller if there is substantial and credible evidence that the Seller has intentionally breached its contractual obligations to Baticlick.

Baticlick further reserves the right to expel a member (see above: Membership / Termination of Membership by Baticlick).

Changes to the duration of an offer:

Baticlick shall have the right, but not the obligation, to extend or shorten the duration of an offer if this is deemed necessary for the proper execution of the offer. (See Technical Malfunctions/Maintenance)

COMMISSION

The Seller shall pay 10% commission on any sales of products and services, quote requests and donations made via the Baticlick platform. For full details on how Baticlick commission is calculated and earned, sellers should refer to the Commission Terms and Conditions on the website.

SALE AND PURCHASE OF PRODUCTS

9.1 A purchase confirmed between a Seller and a Buyer on the Baticlick Platform in accordance with the following provisions constitutes a legally binding purchase contract between the Users involved, acting on their own behalf, based on the terms and conditions agreed by these parties, including any terms and conditions posted by a Seller or, subject to Section 9.2(a)(vi) below, a Buyer.

9.2 Baticlick offers two ways of purchasing services and products: “Instant Deals” and “Quote Request”, which operate in accordance with the following procedures and requirements.

(a) Instant Deals

(i) The Seller may offer products via an Instant Deal on their listings to indicate that a certain number of packages of a product are available for purchase and dispatch at a fixed price and with guaranteed availability. Offering products via an Instant Deal shall not constitute a binding offer to sell by the Seller, but merely an invitation to the Buyer to make an offer (invitatio ad offerendum).

(ii) To activate a product listing for Instant Deals, the Seller must provide the relevant packaging information, prices and availability of the respective products.

(iii) The Seller shall ensure that it is able to supply the quantity of packaging units indicated in the product listing. The number of available packages of a particular product is automatically reduced by the Baticlick Platform upon the conclusion of each Instant Deal involving that product. The Seller shall be solely responsible for monitoring product availability, for replenishing its stock of products and for updating the availability of packages accordingly in the product listing to ensure that the indicated quantity is always actually available.

(iv) All quantities available via the Instant Deal option must be ready for immediate dispatch by the Seller.

(v) The Buyer selects the number of packages to buy, adds them to their basket and proceeds to the checkout.

(vi) Any purchase of products via an Instant Deal is governed solely by the Seller’s terms and conditions. The Buyer’s terms and conditions do not apply.

(vii) If the Buyer requires the Seller’s products for an immediate purchase, the transaction proceeds to the checkout. The Buyer proceeds by clicking the “Buy” button (or by triggering any other similar mechanism that may be implemented in the checkout process at the relevant time), which constitutes a binding offer by the Buyer to the Seller to purchase the products selected by the Buyer. After checkout, the purchase is either confirmed and the Buyer’s offer is accepted by the Seller via an email confirmation sent by Baticlick to both the Buyer and the Seller, or it is rejected by the Seller, in which case the Buyer is notified by email of such rejection.

(b)  Quote Request

(i) In Quote Request mode, the Buyer contacts an individual Seller by specifying the required quantity and delivery date of certain products and services, and may propose a price as a basis for negotiation with the relevant Seller. The Quote Request will first be received by Baticlick and then forwarded to the Seller. The Quote Request mode is available for all active products and services listed on Baticlick. A Quote Request shall not constitute a binding offer to purchase by the Buyer, but merely a request to the Seller to provide a non-binding quote.

(ii) The Buyer and the Seller may discuss the details of the request in a chat via the Baticlick messaging function. The Buyer and the Seller are encouraged to agree on all the relevant details of the quote (e.g., price, quantity, delivery date, applicable Incoterm, shipping cost, validity period of the quote, etc.) during the chat conversation until the Seller provides a quote to the Buyer, which the Buyer may accept or reject. Such an accepted quote shall only serve to set out the agreed commercial terms, but shall not create any obligation on the part of the Seller to sell or on the part of the Buyer to purchase any products.

(iii) If the Buyer accepts the Seller’s quote before it expires in order to purchase products on that basis, the transaction proceeds to the checkout. The Buyer’s indication of their final decision to purchase products based on such a quote by clicking the “Buy” button (or by triggering any other similar mechanism that may be in place during the checkout process at the relevant time) constitutes a binding offer by the Buyer to the Seller to purchase the products selected by the Buyer based on the Seller’s quote. After checkout, the purchase made via a Quote Request is either confirmed – with the Buyer’s offer accepted by the Seller via an email confirmation sent by Baticlick to both the Buyer and the Seller – or it is rejected by the Seller, in which case the Buyer is notified by email of such rejection.

(iv) Purchase details in Quote Request mode (in particular prices and quantities) are only visible to the Buyer and the Seller who are parties to the transaction.

BOOKINGS/RENTALS

Our booking services will include: accommodation, attractions, car hire, flights, private and public transport, and various other items made available for booking by the Seller.

10.1 Baticlick acts solely as an intermediary and does not offer or sell any of the services on the Baticlick Platform, nor does it hold any such products or services in its possession or verify their quality. Baticlick is not a party to, and bears no responsibility or liability under, any of these agreements or in relation to any of these services.

10.2 Our Platform does not constitute a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.

10.3 When the Buyer makes a booking, the Buyer accepts all the applicable policies as displayed by the Seller during the booking process. The Buyer will find each Seller’s cancellation policy and any other policies (regarding age requirements, security/damage deposits, additional charges for group bookings, extra beds, breakfast, pets, accepted payment methods, etc.) on the Seller’s page on the Platform during the booking process.

10.4 If a buyer cancels a booking or fails to turn up as agreed, any cancellation or no-show fee and any refund will depend on the seller’s cancellation or no-show policy.

10.5 Some bookings cannot be cancelled free of charge, whilst others can only be cancelled free of charge within a specified time frame.

10.6 If the Buyer makes a Booking by paying in advance (including all price components and/or a damage deposit, if applicable), the Seller may cancel the Booking without notice if they are unable to collect the balance on the specified date. If the Seller cancels a Booking, any non-refundable payment made by the Buyer will only be refunded at the Seller’s discretion. It is the Buyer’s responsibility to ensure that the payment is made on time (that your bank, debit card or credit card details are correct, and that there are sufficient funds available to cover the payment).

10.7 If the Buyer is unable to arrive on time, they should contact the Seller and let them know when they will be available, in order to avoid the Booking being cancelled. Baticlick accepts no liability for any consequences (e.g. the cancellation of the Booking, or any fees the Seller may charge the Buyer).

DONATIONS

11.1 Non-profit organisations are eligible to register as Registered Users and benefit from the Services provided by Baticlick via its Website. For the avoidance of doubt, once the registration process is complete, the Registered User will be deemed to have been authorised by the non-profit organisation unless there is evidence of fraud, as determined by Baticlick.

11.2 Baticlick receives donations made via the website. Donations are made to Baticlick and not to charities. When making a donation, donors may specify how they wish the funds they have donated to be allocated to projects listed on the website. Baticlick acknowledges such requests from donors and, whilst it will endeavour to ensure that donations reach the project chosen by the donor, Baticlick’s trustees retain sole discretion regarding the onward distribution of donations to charities (in order to ensure appropriate handling and compliance).

11.3 By completing the registration process, you agree and acknowledge that:

Baticlick retains full control over the donations, and the donations will be allocated to Baticlick’s general fund if (without limitation):

a project is discontinued or fully funded;

Baticlick receives a donation that is not linked to a specific project or campaign;

a Non-profit organisation fails to provide correct disbursement information within a reasonable timeframe after at least two reminder emails have been sent to it requesting that it update or provide such disbursement information;

a Non-profit organisation raises, via the Website, less than CHF 100 net of any fees payable by the Non-profit organisation to Baticlick in accordance with Clause 8 of this agreement; or

Baticlick carries out an investigation into the non-profit organisation and, based on the results of that investigation, decides to remove the non-profit organisation from the website.

Baticlick reserves the right to refuse to accept any donation;

The Nonprofit and/or its projects may be featured on Baticlick’s associated websites, including any partner or client websites;

Some donors may use the filter options on the website (e.g. by specific theme, region, project size, etc.), which may mean that some of a charity’s projects are not visible to such donors on the website;

Nothing in these Terms of Service shall constitute, or be deemed to constitute, a joint venture, partnership or agency relationship between Baticlick and the Non-profit Organisation, and the Non-profit Organisation is not authorised to enter into any commitments for or on behalf of Baticlick.

11.4 Baticlick reserves the right to decline any registration, terminate any grant, and refuse or suspend the listing of non-profit organisations or individual projects on the Website for any reason without further explanation. At the time of registration and at least every two years thereafter, Baticlick will carry out such checks as are necessary to verify or re-verify the identity and objectives of the non-profit organisation.

11.5 If Baticlick decides to transfer donations made by donors to the charity, you acknowledge that Baticlick will not be able to process such transfers until:

you have completed the registration process, have been accepted by Baticlick as a Registered User, have an account accessible via the Website (“Baticlick Online Account”) and, if required by Baticlick, have a publicly visible account (“Project Page”); and

Baticlick’s systems have been updated to indicate that the non-profit organisation is a registered user, and the website has been configured to process payment transactions for the non-profit organisation as a registered user.

11.6 Baticlick Obligations

11.6.1 Baticlick will operate the Website and provide the Services so that Donors can make online donations via the Website.

11.6.2 Where Baticlick has received donations and has decided to distribute such donations to a non-profit organisation at its discretion, it will hold the funds on behalf of the non-profit organisation until they are paid out in accordance with these Terms of Service. You will not earn or be paid interest on the sums that Baticlick holds and/or processes on your behalf.

11.6.3 Baticlick will use commercially reasonable efforts to collect, protect and secure donors’ personal details in accordance with applicable data protection laws.

11.6.4 Baticlick is committed to protecting the privacy of its donors. For this reason, donors“ physical addresses are not disclosed. Baticlick will, however, display the names and email addresses of donors who have not chosen to remain anonymous. Baticlick will not disclose the names and email addresses of donors who have opted for anonymity during the checkout process. Baticlick does not permit the use of donor email addresses obtained via the Baticlick platform. A non-profit organisation may, however, ask donors to opt in to its mailing list by linking a subscription form using Baticlick’s ”thank you note’ tool. The non-profit organisation and its members acknowledge and undertake to safeguard donors’ privacy and agree that no donor information will be passed on to a third party and that no donor information will automatically be added to the non-profit organisation’s mailing lists of any kind.

11.7 The Non-profit Organisation’s Obligations

11.7.1 The Non-profit Organisation shall ensure that:

All donations received will be used solely for the specified project and in accordance with the project description published by the charity on the website or as set out in the written proposal submitted to Baticlick, and not for any other purpose.

All donations received must be used within two years of the date on which they were received;

it will notify Baticlick if it receives donations which it reasonably knows it is not entitled to receive;

Any donations made via the website or offline are used by the non-profit organisation in accordance with any stated purpose or specific fundraising appeal, and it shall be the sole responsibility of the non-profit organisation to ensure that donations received by it are used for the stated purpose or appeal; Baticlick shall not be liable for the use or non-use of any such donations;

the content it posts for display on the Website, including any links to other websites and the content of linked websites, shall not be false, misleading, inaccurate or deceptive, nor shall it contravene any law or regulation, nor shall it be defamatory or obscene, nor shall it infringe any intellectual property rights of a third party, nor shall it breach any right of, or duty owed to, a third party;

all the details provided in connection with its Baticlick Online Account and all the content generated on the Website by or on behalf of the non-profit organisation are kept accurate and up to date;

it will notify Baticlick if a project reaches its total budget, including donations received from Baticlick and any other sources not related to Baticlick;

it will comply with all relevant data protection legislation and guidelines; and

it shall keep the Registered User’s website login and password confidential; and

It will only publish projects and appeals that comply with the Code of Fundraising Practice.

11.7.2 The Non-profit Organisation shall be responsible for all use of the Website under its Registered User’s login and password, whether or not such use is authorised by the Non-profit Organisation. Each Registered User must notify Baticlick immediately of any unauthorised use of their login or password.

11.7.3 Any actual or attempted use of the Website by you in breach of this Agreement may result in criminal and/or civil proceedings, including, without limitation, punishment under Article 147(2) of the Swiss Criminal Code of 21 December 1937, relating to computer fraud for commercial gain. Baticlick reserves the right, at its sole discretion, to review, monitor and/or record any information relating to your use of the Website (“User Information”) without prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you via the Website. Baticlick may share any User Information it obtains from you with any law enforcement organisation in connection with any investigation or prosecution of possible criminal or unlawful activity. Baticlick will also disclose User Information as required by any court order and/or subpoena.

11.7.4 Non-profit organisations must comply with any requests for documents made by Baticlick at any time to verify the use of funds, confirm programme activities or for other due diligence purposes.

11.8 Payments to the non-profit organisation

11.8.1 Receipt of Donations: Donations made to projects on the Website are made to Baticlick and are re-allocated to non-profit organisations at Baticlick’s absolute discretion.

11.8.2 Processing of Donations: Donations that Baticlick decides to award to a non-profit organisation will be processed and held by Baticlick (where applicable) on behalf of the non-profit organisation, and Baticlick may refuse to process and hold donations if it is not reasonably satisfied that:

the transaction is lawful and not connected with any form of fraudulent activity;

the donations have been duly authorised; or

the information on which Baticlick (as applicable) is basing the transfer is correct.

11.8.3 Payment Schedule for Donations Made via the Website: Baticlick will transfer cleared donations that it has received and authorised for payment to a non-profit organisation, which were made during the previous month, including any other pending funds received during the previous month (the “Funds”), to the non-profit organisation on or around the the 25th of the month. For example: Funds raised in June will be sent to an organisation on or around 25 July. With regard to funds being remitted outside Switzerland, Baticlick will only remit the funds if they exceed CHF 250 in value (the “Transfer Minimum”). The purpose of the Overseas Transfer Minimum is to help reduce the overall cost of wire transfer fees, as well as the negative effects of chargebacks and donation reversals.

11.8.4 Bank details: The bank account details you provide to Baticlick as part of the registration process will be used to process all future transfers made by Baticlick to you, unless you inform Baticlick otherwise or if a transfer is rejected by the recipient bank. You are responsible for ensuring that Baticlick is kept informed of the correct and up-to-date details. Any changes to the details must be submitted via the Registered User’s online Baticlick account by an authorised representative of the non-profit organisation and must be made in good time before a transfer is due to be made. If you provide us with (or allow us to continue using) incorrect or out-of-date information, we shall not be liable if the payment is not made, is delayed or is made incorrectly.

11.8.5 Refunds: If, after a Donation has been transferred by Baticlick to your account, such Donation is subsequently rejected or reversed for any reason – including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud – in whole or in part, you shall be liable to refund the full amount of the rejected Donation to Baticlick (as applicable). You hereby authorise Baticlick (as applicable) to deduct any such amount, together with any directly related out-of-pocket expenses and reasonable administrative costs incurred by Baticlick in this context, from your Baticlick Online Account. If this is not possible, you are liable to reimburse Baticlick (as applicable), and the amount shall be treated as a debt.

ONLINE CUSTOMER PAYMENT

In the event of an electronic payment by the customer (e.g. by credit card or debit card), Baticlick collects the payment for the relevant order in Baticlick’s name on behalf of the Seller, and pays it to the Seller in accordance with the invoicing agreement once the sale has been completed.

The Seller shall retain receipts for deliveries to customers for at least 13 months and make them available on request. In the event of any issues that may lead to the order being cancelled, or in the event of a failed delivery, the Seller must immediately notify Baticlick by telephone so that the credit card payment can be cancelled.

LIABILITY

The Seller shall indemnify Baticlick against all claims arising in relation to matters beyond Baticlick’s control, including but not limited to the quality of the goods and services provided by the Seller. The Seller shall further indemnify Baticlick against any claims by third parties resulting from any breach of laws and regulations by the Seller.

Technical faults / Maintenance:

Baticlick accepts liability only for the temporary unavailability of its website/platform, for the failure of any or all of the website’s functions, or for malfunctions of the website resulting from wilful misconduct or gross negligence on its part. In particular, in the event of slight negligence, Baticlick accepts no liability for technical problems that result in bids or offers being accepted or processed late or incorrectly. In particular, Baticlick does not guarantee that the system time is accurate in relation to the official time.

Due to maintenance or other necessary work, the Baticlick website may be partially or completely unavailable for a certain period of time. This does not entitle users or members to make any claims against Baticlick.

Contents and offers:

Baticlick is not required to verify offers, ratings or other information posted by members on its platform; Baticlick expressly accepts no responsibility for:

the accuracy and consistency of the layout of the offers

the quality, safety, legality or availability of products offered for sale

the ability, authorisation and willingness of the members to make offers, purchase, deliver, pay or otherwise perform the contract.

Members:

In particular, Baticlick accepts no liability for any loss or damage suffered by members or third parties as a result of the use or misuse of the platform by other members or third parties.

Linked websites:

Baticlick makes no warranty and accepts no responsibility for the timeliness, accuracy, legality, completeness or quality of the content of websites accessible via a link on the Baticlick website.

VAT liability rests with the Seller; and Baticlick shall not be liable for any VAT-related issues.

BACHELOR'S DEGREE

Baticlick reserves the right to manage the Seller’s listing and its ranking on the website as it sees fit. Baticlick offers customers the opportunity to rate and review the Seller’s products and services on the website, and reserves the right, but is under no obligation, to publish these online and make them visible to all customers. Baticlick reserves the right to delete ratings and reviews.

Baticlick will scan, transcribe and publish online the Seller’s listings, logos and other required materials. The Seller grants Baticlick a royalty-free, perpetual, unrestricted licence to use and distribute any materials provided by the Seller for the purpose of advertising Baticlick’s service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimisation measures.

COMMENCEMENT AND TERMINATION OF MEMBERSHIP

Start: Membership begins when Baticlick sends the confirmation email, once the member has registered and accepted the Terms and Conditions.

Termination of Membership by a Member: A member may cancel their membership at any time by sending an email to the Baticlick customer service email address. The conditions for such cancellation are as follows:

The member no longer has any products for sale on Baticlick.

The member is not taking part in an ongoing auction.

If any of these conditions are not met, the termination is not valid. Baticlick’s customer service confirms the termination by sending an email to the Member and blocks the relevant account. Any reviews given and received by the Member will continue to appear on Baticlick after the membership has been terminated.

Termination of membership by Baticlick: For factual reasons, in particular in the event of a breach of the Terms and Conditions, Baticlick is entitled to exclude a member at any time (i.e., terminate their membership), prohibit the use of a service or remove a service, without the member in question being able to make any claims against Baticlick. Baticlick is entitled to temporarily block a member or exclude them permanently if it appears likely that another member who has already been blocked or excluded (e.g., family members or flatmates) is carrying out transactions via this account, or if there is reasonable suspicion that the member has infringed the rights of third parties.

In the event of exclusion, the costs of closure, publication and publication options, as well as any reminder fees and compensation, remain payable.

Any evaluations given and received by the member will continue to appear on the platform, even after their membership has ended.

Excluded members are not permitted to re-register as members on the Baticlick website, either under their own name or another name, without Baticlick’s prior approval. In the event of a breach of this clause, Baticlick will charge the offender a fee of CHF 100.00.

The right to immediate termination applies in particular where the Seller repeatedly receives negative ratings and reviews on the website, provided these are not clearly unjustified. Repeatedly providing misleading information or withholding information required to present the Seller’s items also constitutes grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, provided they are not caused intentionally or by gross negligence.

MISCELLANEOUS

If any provision of this agreement is invalid, both parties shall endeavour to replace the invalid provision with a valid one that reflects as closely as possible the intended economic meaning of the invalid provision. The validity of the remainder of the agreement shall remain unaffected. This applies in particular if the agreement is found to be incomplete.

Baticlick reserves the right to amend its general terms and conditions without giving any reason. In such cases, Baticlick will give the Seller adequate notice by email. The notice will set out information on the right to object to the changes and the timeframe for doing so, as well as the consequences of failing to exercise that right.

The amended terms and conditions shall be deemed to have been accepted by the Seller if the Seller does not object to them in writing within two weeks of receiving notice of the changes.

Any terms and conditions of the Seller shall not form part of this agreement unless Baticlick expressly agrees to comply with them in writing.

RELATIONSHIP BETWEEN SELLER AND BUYER

17.1 General

Baticlick accepts no responsibility for ensuring that members act in good faith in transactions carried out on its platform. In particular, Baticlick accepts no responsibility for ensuring that contractual obligations between Sellers and Buyers are met.

17.2 Procedure for listing items for auction, at a fixed price or by direct purchase

17.2.1 Binding nature of the seller’s offer:

As long as no bid has been made against the Seller’s offer, the Seller is entitled to delete their own offer and thereby withdraw it.

As soon as an offer has been made in relation to their offer, the Seller is bound by that offer.

17.2.2 Form of the offer:

The offer may only be published using the template provided and on the page for the relevant category. Offers published in any other form, e.g. by email, are not valid and must be disregarded.

17.2.3 Binding nature of offers:

By placing a bid, the Bidder undertakes to purchase the product offered for sale in accordance with the conditions set out by the Seller or agreed individually with the Seller (terms of payment, transport, delivery, etc.) if their bid is the highest at the end of the auction. The Bidder is bound by their bid as long as no one else has outbid them.

It is not possible to change or withdraw a bid. In the case of multiple auctions, a bid is only eliminated when higher bids have exhausted the number of items offered for sale. If another bidder bids for only some of the items for which the first bidder has placed a bid, the first bidder is obliged to purchase this smaller number of items at the corresponding price.

If a bid is deleted, the bid that follows it only takes effect with the explicit consent of the bidder concerned.

If the description of a bid is amended after one or more bids have been placed and the amendment does not add value to the product described, the bidder with the highest bid at that time or, in the case of a multiple auction, the bidders whose bids would be the highest if the sale were to be concluded, is/are entitled to withdraw their bid(s). In this case, we ask the bidder(s) to send an email to the Baticlick customer service email address.

17.2.4 Binding nature of a bid for unsuccessful bidders:

At the end of an auction, the Seller is entitled to make an offer to the Bidders who did not win the auction. Such an offer, for an identical product, must match the bids made by the aforementioned Bidders.

Such an offer will remain valid for the period chosen by the Seller (between 1 and 7 days) and the product may be withdrawn by the Seller at any time prior to receipt of a statement of acceptance sent by the Buyer. During this period, the item cannot be offered for sale or sold elsewhere.

17.2.5 Conclusion of the contract:

At the end of the bidding period, a sales contract is automatically concluded between the Seller and the Bidder to whom the product has been awarded.

If a Bidder submits a bid matching the “Direct Purchase” or “Fixed Price Item” price, a sales contract is automatically and immediately concluded between the Seller and that Bidder.

17.2.6 Contents of the contract

1. (a) Seller’s Terms and Conditions

The terms of the contract entered into are based on the Seller’s description of the product (including any additions, such as details published by the Seller), the terms and conditions set out by the Seller, as they appeared in the offer published on Baticlick at the time the contract was awarded to the Buyer, and any agreements made between the two parties prior to the conclusion of the contract.

In return for payment of the purchase price, the Seller is obliged to transfer to the Buyer possession and ownership of the product, free from any encumbrances or third-party rights. Exclusions of liability in this regard are not permitted.

The effects of the Seller’s Baticlick costs on the Buyer are not accepted and therefore do not form part of the contract.

The price always includes VAT, unless the Seller delivers the goods to the Buyer directly from abroad. In this case, the Seller is obliged to clearly specify all additional costs, such as VAT, customs duties, etc.

1. b) Product Description

The product description forms an integral part of the contract; in other words, the Seller guarantees that the product possesses all the qualities and properties described in the offer.

If certain information does not constitute a guarantee, the Seller is obliged to state this clearly and expressly in their offer.

1. (c) Subject to the absence of any deviating conditions specified by the Seller at the time of purchase of the goods
2.  If, at the time a Bidder submits a bid, the Seller has not specified any different terms or a description of the product, and unless the parties have agreed otherwise, the following contractual terms shall apply.

The Seller is liable for defects in the goods, i.e. defects not described which significantly impair the value or use of the goods for their intended purpose. In particular, the Seller is liable for the proper functioning of a device sold, unless otherwise stated.

The risk of loss of the product passes to the Buyer at the time the product is dispatched or handed over to them. Any recycling fee is included in the purchase price and therefore does not have to be paid separately by the Buyer.

Any disputes arising between the contracting parties in connection with the offer shall be governed by Swiss law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

17.2.7 Performance of the contract:

1. (a) General

Both contracting parties undertake to fulfil the obligations arising from the sales contract in full and on time.

Unlike the legislation currently in force in EU countries, consumers do not (yet) have a right of withdrawal in Switzerland.

Both parties are responsible for the performance of the contract; the transaction is carried out in accordance with the respective contractual terms. This applies in particular to the due date for the individual contractual obligations (i.e. the point in time from which actual performance is required and may also be legally enforced).

1. (b) Communication

Each party is obliged to provide the other party, within 5 days of the conclusion of the contract, with the information necessary for the contract to be fulfilled. This applies in particular to postal or bank details, if the Seller has offered payment by postal or bank transfer in its payment terms and these details are not included in the Seller’s “Transaction completion message”.

If either party lacks information from the other party that is necessary to fulfil the contract, the first party is obliged to request this information from the second party within 5 days of the conclusion of the contract, at least twice by email and once by telephone. If these requests remain unanswered, the requesting party is entitled to withdraw from the contract within 5 days of the contract being concluded.

1. (c) Deadline

The contractual service must be provided in full and in the proper manner within 14 calendar days of receipt of the information required for the provision of the service. The contractual partner must also provide the service in full and in good order within 14 calendar days of receiving the information required to provide the service. This period of 14 calendar days shall also apply in the event of collection of the goods from the Seller against cash payment.

17.2.8 Withdrawal

If a member fails to provide the services they are obliged to provide, despite repeated requests, the contracting party is entitled to withdraw from the contract and to demand the return of all services already provided. This does not apply if the contracting party has failed to perform the services themselves (e.g. the contracting party has not turned up at the appointment for the delivery of the product or the member has not provided their bank or postal details despite repeated requests).

17.2.9 Product Defects

If a product is found to have a defect not mentioned in the description of the offer, and if this defect substantially or completely reduces the value or proper functioning of the product in relation to its intended use, the Buyer is obliged to inform the Seller within 5 calendar days of delivery of the product and to request that it be repaired at the Seller’s expense. The same shall apply if the product lacks a feature mentioned in the description of the offer.

The above paragraph does not limit any other warranty rights (e.g. longer complaint periods or manufacturer’s guarantees).

The Buyer shall endeavour to take the product to the Seller’s service centre or to send it to the Seller at their own expense. If the Seller fails to respond to the Buyer’s notice of defect or if the repair carried out does not achieve the desired result, the Buyer shall be entitled, in accordance with the Swiss Code of Obligations (in particular Articles 205 and 206 CO), to rescind the sale (redhibitory action), to claim compensation for the loss in value (reduction) or to demand other admissible items of the same kind (replacement).

MOBILE DEVICES

Baticlick may allow its members to access offers and content on the Baticlick websites and to take part in auctions or enter into contracts using a mobile device. Baticlick reserves the right, however, to exclude certain content, services or functions available on the Baticlick website from this option. In particular, certain publishing options may not display correctly when accessed via a mobile device.

Baticlick may in future provide its members with special programmes (e.g. an iPhone app) for mobile access to the Baticlick website. The right to use these programmes is subject to acceptance of the separate terms of use and licence.

Baticlick reserves the right to modify and technically adapt the offers and content of the Members’ programmes so that they can be displayed on mobile devices.

Members are aware that the way offers appear on mobile devices may differ from how they appear on the Baticlick website. Nevertheless, members remain bound by any offers or the conclusion of a contract made via a mobile device in the same way as if that offer or contract had been made or concluded via the website.

TRANSFER OF RIGHTS AND OBLIGATIONS

Baticlick reserves the right to assign to a third party, or to have a third party perform, all or part of the rights and obligations under these terms and conditions.

Membership and all rights and obligations of a current or former member of Baticlick may not be transferred by that member.

COMPENSATION

If other members, users or third parties bring legal proceedings against Baticlick on the grounds that their rights have been infringed by offers or content published by a Seller or member, or on the grounds of any other use of the Baticlick website by a member or user, that Seller, member or user shall indemnify Baticlick against all such claims and shall bear the costs of Baticlick’s defence (including court costs and lawyers’ fees).

By registering and signing up on the website “www.myecobestfriend.com”, you hereby agree to the terms and conditions set out above.

APPENDIX

PROHIBITED LIST

PRELIMINARY REMARKS

Baticlick maintains and updates this non-exhaustive and constantly updated list of prohibited products, the sale of which contravenes legal requirements, is immoral or breaches Baticlick’s generally applicable principles, and which may not be sold without Baticlick’s express consent. Baticlick is entitled to remove such listings. In addition, Baticlick may also remove listings that contain insufficient or misleading information.

Although this list of prohibitions provides for exceptions (meaning that the sale is permitted in certain clearly defined cases), Baticlick reserves the right to deviate from these exceptions. Unless otherwise stated, all provisions apply to all listings published on the Baticlick platform. In case of any uncertainty, please contact our customer service team first.

RIGHTS OWNED BY

It is not permitted to take any action on Baticlick that infringes the rights of third parties in any way. This includes copyright, trade mark rights, design rights, patent rights, personality rights, data protection rights, competition law rights and other rights of third parties.

Baticlick supports the holders of intellectual property rights. These holders may notify Baticlick of listings that have infringed their rights and may have such listings removed.

2.1 Intellectual property rights (intangible assets)

Offers, texts and visual presentations that a member publishes in any form (offer descriptions, reviews, entries in the “Questions & Answers” section, etc.) on the Baticlick website or otherwise communicates via the Baticlick website do not infringe any trade mark rights, copyright or other intellectual property rights. The offers, texts and visual presentations that a member publishes in any form (offer descriptions, reviews, entries in the “Questions & Answers” section, etc.) on the Baticlick website or otherwise communicates via the Baticlick website do not infringe the trade mark rights, copyright, design rights or patent rights of third parties in any way.

Members may only use and publish on the Baticlick website images and text that they have created themselves or for which the copyright holder has given explicit authorisation.

If there are any doubts as to the authenticity of an item, Baticlick reserves the right to request proof of authenticity from the Seller and/or to cancel the offer.

Examples:

Pirated goods such as imitations and counterfeits (e.g. watches, jewellery, clothing)

The use of terms such as ‘Replica’, ‘Fake’, ‘Style’, ‘Design’, ‘1:1’, etc., which indicate that a branded product has merely been copied or imitated

Use of photographs not taken by the member themselves without a licence from the rights holder

Items bearing the registered trademark “Louis Vuitton” that were not manufactured by Louis Vuitton

Offering home exercise bikes that do not bear the registered trademark “Spinning” for sale as “Spinning Bikes”, for example

All offers that give the impression of being genuine products, e.g. Armani Style sunglasses, “inspired by Versace”, etc.

Where a trade mark name appears in the title and/or description of the item, but the item is not actually of that trade mark (e.g. “not Gucci”, “not a BMW” or “Prada” when it is not a Prada item, etc.), the trade mark name may be used as a reference. Exceptions to this are, in principle, listings which do not use the trademark with the intention of infringing trade mark law, nor with the intention of misleading interested parties, nor for the purpose of unfair competition in the title or description of the item (e.g. iPhone case, not suitable for Nespresso machines, etc.)

Data storage media and photocopying

Media on which a member has recorded or printed content belonging to third parties – such as CDs, DVDs, VHS tapes, hard drives, USB sticks, e-readers, photocopies and other types of recordable media – may not be sold on Baticlick without the express consent of the rights holder.

Examples:

Software collections (including freeware and shareware, e.g. from the internet)

Media files or media collections recorded by the member themselves (photos, music and/or films)

Stolen copies of all kinds (VHS, DVD, CD-ROM, etc.)

Bootlegs

iPhones, iPods, hard drives, etc. that have not been fully recovered (deleted)

Photocopies of books, course materials or school lessons

Exceptions:

The sale of blank CD-ROMs, as well as the sale of original data carriers which have been played by their rights holder on broadcast media, is permitted. The sale of blank CDs, DVDs and MP3 players is only permitted if the remuneration rights (blank media levy) have been paid by the importer.

2.2 Rights of personality

Offers, texts and visual presentations that a member publishes in any form on the Baticlick website (offer descriptions, reviews, entries in the “Questions & Answers” section, etc.) or otherwise communicates via the Baticlick website must not infringe the personality rights of third parties and/or breach data protection law. In particular, members are not permitted to use any information that they publish in any form on the Baticlick website (offer descriptions, reviews, Q&A entries, etc.) or that they communicate in any other way via the Baticlick website in any manner that infringes the personal rights of third parties and/or contravenes data protection law. In particular, such content must not be offensive, obscene, defamatory, intrusive, dishonourable, disparaging of others, or damaging to others’ reputation, etc.

PROHIBITED PRODUCTS 

3.1 Addresses of any kind, as well as personal data

It is prohibited to publish lists or documents on Baticlick that contain addresses or other data relating to specific or identifiable persons (natural and legal persons).

Examples:

Addresses of traders, suppliers and manufacturers

Mailing lists

Bank customer data

Personal data, telephone numbers, email addresses or other information used to

Personal identification.

Other addresses

3.2 Archaeological cultural property (artefacts/objects)

Archaeological cultural goods may not be sold on Baticlick unless the seller has a certificate of legality issued by the authorities stating that the object may indeed be lawfully traded. This certificate must be included in the listing in such a way that it is clearly legible.

As a general rule, certificates of legality can only be issued for archaeological finds which can be shown to predate the introduction of the Swiss Civil Code (CC; SR 210). For objects with no indication of provenance or those originating from abroad, it is not possible to issue a certificate of legality. Mere customs export declarations, etc., do not in themselves constitute certificates of legality within the meaning of this principle.

Archaeological cultural artefacts are objects of historical, artistic or scientific importance.

Examples:

Coins, weapons, tools, ceramics (vases, etc.), jewellery, sculptures, manuscripts

Sacred objects such as relics

3.3 Medicines and medical products

It is not permitted to sell medicines and medical products, as defined by the Therapeutic Products Act, on Baticlick.

Examples:

Prescription medicines

Contraceptive pills or similar substances

HIV/AIDS testing

Pharmaceuticals that enhance sexual performance (e.g. Viagra)

Cuts II weight loss product

Dewormers

Salvia divinorum (may only be sold as a condiment. As a tobacco substitute, this product is licensed)

B2UP gum

Poppers or similar substances

Hoodia

Ruyan

Nicotine replacement products (e.g. nicotine chewing gum)

Spaglog

Spagyric medicines

Tiger Balm

Schüssler salt

3.4 Certificates and licences issued by official authorities

It is prohibited to offer official identity documents, permits and extracts from registers on Baticlick.

Examples:

Official documents issued by the authorities, such as driving licences, passports, identity cards, permits and licences.

Falsified identity documents and all materials used to produce such documents.

Birth certificates or extracts from the commercial register.

Documents permitting the misuse of certain titles (academic degrees, official titles or honours) and professional titles (doctor, master, etc.).

3.5 Motorway vignettes (used)

It is forbidden to sell motorway toll stickers that have already been used.

The Swiss motorway sticker is an official identification mark which, once affixed, is valid only for the vehicle for which it was originally intended. If a motorway tax sticker has been removed from a vehicle, it must be regarded as invalid. It is prohibited to tamper with invalid vignettes or new vignettes (e.g. using adhesive sheets) in order to make them appear valid. If the vehicle has used the motorway without having affixed the vignette correctly, it will also be considered invalid.

Such conduct constitutes an offence within the meaning of Article 245(1), paragraph 2, and Article 245(2) of the Swiss Criminal Code of 21 December 1937 (SPC; SR 311.0). Persons who acquire such a motorway vignette are also guilty of this offence. In such cases, the persons concerned will be punished with a custodial sentence of up to three years or a fine.

3.6 Decoding/decryption software and hardware for decoding/decryption

It is prohibited to sell decoding and decryption tools on Baticlick that allow unauthorised access to secure areas, trade secrets, encrypted data, etc., or that are intended solely to neutralise or circumvent technical measures designed to protect copyrighted works (e.g. copy protection).

Examples:

Hardware or hacking software.

Software for unlocking SIM cards.

Hardware for unlocking SIM cards (e.g. Griffin Box, Tornado Flasher…).

Software for copying copy-protected CDs or DVDs.

Decoders for Teleclub, Premiere, etc.

Devices for resetting the mileage on tachographs.

R4 cards for the Nintendo DS/DSI.

M3 cards, etc.

3.7 Drugs and other mind-altering substances

The sale of drugs, as defined in the Narcotics Act, and any other mind-altering substances is prohibited on Baticlick. This prohibition also applies to items that facilitate the production and/or consumption of mind-altering substances (with the exception of items traditionally intended for the consumption of tobacco products).

Examples:

Any type of product covered by the drugs legislation (heroin, cocaine, ecstasy, LSD, etc.)

Products containing cannabidiol (CBD).

Seeds of the aforementioned prohibited plants (e.g. hemp seeds).

Equipment used by drug users, such as syringes, spoons, etc.

Sniffing equipment.

Home-grown planting material (e.g. for hemp).

3.8 Admission tickets, flight tickets and train tickets

It is not permitted to sell tickets that bear the name of the ticket holder and for which a transfer to third parties has been contractually prohibited and is in force. The barcode and the number associated with the barcode must not be visible in the photographs. These areas must be redacted.

For the sale of tickets prior to the official start of sales, the Seller must be in possession of a receipt or proof that they have the tickets.

If there is any suspicion that tickets are being sold on a commercial basis, Baticlick reserves the right to request proof from the Seller that they are authorised to do so. If such proof cannot be provided, Baticlick reserves the right to remove these listings and/or block the member.

The following are permitted:

Transferable tickets (e.g. concert tickets, cinema tickets, train tickets, etc.) may, in principle, be sold. In addition, it is, in principle, permissible to sell options for a ticket (i.e. rights to tickets that will not be physically issued until a later date, but for which the sale takes place chronologically before the tickets are issued), although this must be clearly stated in the item description. Furthermore, the Seller is obliged to state the exact date on which the ticket will actually be sent to the Buyer.

3.9 Email addresses, internet domain names, licences, registration rights and online banner advertising spaces

It is prohibited to make offers on Baticlick that involve the purchase of email addresses, internet domain names, trade marks, designs, patents and other registration rights, web banner sites and licences.

3.10 Explosive products, radioactive substances and other substances and chemicals that are hazardous to health

Radioactive, toxic and explosive substances, fireworks of any kind and hazardous chemicals may not be listed on Baticlick.

The sale of chemicals is subject to additional conditions. The relevant product groups can be found at www.chemsuisse.ch.

In addition, the Seller must comply with all legal regulations relating to hazardous substances, pesticides, fertilisers and biocides.

Laws and regulations: Chemicals Act, ChemG and Chemicals Ordinance, OChim

Examples:

Pepper spray and defence spray.

Stink bombs.

Products subject to a warning issued by a federal authority.

Any product containing asbestos, in particular Eternit products manufactured before 1991.

3.11 Telecommunications installations, in particular radio communications equipment, which contravene the Telecommunications Act

It is prohibited to offer telecommunications equipment for sale on Baticlick, in particular radio equipment that contravenes Swiss telecommunications legislation.

Examples:

Transmitters and/or receivers.

Radio communication devices.

Remote control devices.

Remote controls.

Remote-controlled cameras.

Emitter detection devices.

Wave jammers.

FM transmitters with a range of more than 10 metres.

Active radar detection devices.

Products of this kind may only be sold and placed on the market if they comply with the provisions of Swiss telecommunications legislation. Amateur radio equipment may only be sold to holders of an amateur radio licence upon presentation of the said licence and against receipt.

Further information: Federal Office of Communications, 2500 Biel

3.12 Illegal listening devices.

Technical equipment intended, in particular, for the purpose of carrying out illegal eavesdropping or illegal sound recording and/or filming is prohibited.

Examples:

Pen cameras

Car keycams or light cameras, as well as

Button cameras and spy cameras

Further information is available at: http://www.admin.ch/ch/f/rs/311_0/a179sexies.html

3.13 Stolen goods and other goods that do not belong to the Seller

It is forbidden to sell stolen items on Baticlick. Listings for items that are not legally owned by the seller will also be removed by Baticlick.

Examples:

Stolen bikes

Leased modems/routers belonging to Cablecom, Swisscom, etc.

Vehicles which, under a current leasing contract or hire purchase agreement, may not be sold.

3.14 Coupons

It is not permitted to offer vouchers or discount vouchers on Baticlick that have been designated as being linked to a specific person and as non-transferable vouchers. The minimum purchase amount required must be clearly stated.

Examples:

Vouchers from our own online shop to encourage our members to make a purchase outside of Baticlick. 

Miles & More programme.

3.15 Mobile phone dummy

Offers for the sale of non-functional mobile phones without any clear indication in French (“sans fonctions”, “jouet” and/or “portable factice”) and/or in German (“Attrappe”, “ohne Funktionen” and/or “Spielzeug”) must be included in both the text of the offer and its title, clearly stating that the item is of this nature. The term “Dummy” or any other indication in English is NOT SUFFICIENT.

3.16 War material and military equipment

It is prohibited to sell on Baticlick any military or army equipment that has not been authorised for trade by the relevant authorities.

The price lists of the official ArmeeLiqShops and ArmeeTechShop provide a good indication of what is not permitted to be sold and what is permitted to be sold. These lists can be found at www.armyliqshop.ch and www.armytechshop.ch.

In principle, items that soldiers are permitted to keep at home after leaving the army may be sold.

For example, the following items may be sold

Sleeping bag 65.

Silver army pocket knife (but not the Army Knife 90)

Combat boots

However, the following items, for example, may not be sold:

Parts of current uniforms.

Camouflage 90 trousers (as they are also part of the uniform).

Sleeping bag 90.

Equipment that has only been provided on loan (items of personal equipment, in particular body armour)

3.17 Foodstuffs and consumer products covered by the Foodstuffs Act

It is prohibited to offer for sale on Baticlick food products and everyday consumer goods (e.g. cosmetics) that contravene Swiss food law. In particular, any claims that a food product has preventative properties, properties that enhance sexual performance, properties that treat or cure a human disease, or weight-loss properties – and which make a specific promise of effectiveness – are prohibited.

Under the Ordinance on the Labelling and Advertising of Foodstuffs, it is mandatory to always state the country of production on pre-packaged or unpackaged meat. It is also necessary to state that the meat comes from animals reared in countries where the use of antibiotics as growth promoters is permitted (e.g. the USA, Brazil).

Examples:

All types of tooth-whitening products, except toothpastes and tooth-whitening products containing less than 0.1% hydrogen peroxide concentrate.

T-bone steaks from the US, unless it is stated that the meat “may have been produced using antibiotics [and possibly hormones] and/or other antimicrobial performance enhancers”.

For weight-loss products, the exact weight-loss claims (e.g. a loss of 3 kilos in 10 days)

3.18 Lottery tickets

It is prohibited to sell items that promise winnings or other benefits, such as lottery tickets and other offers covered by the Lotteries Act.

Examples:

Euromillions

3.19 Body parts and organs

It is prohibited to sell human bodies, parts of the human body, human organs and bones on Baticlick.

Examples:

Human skulls and skeletons.

Organs (including organs prepared for medical purposes)

Blood, faeces, semen, eggs.

3.20 National Socialism/Racism/Extremism in politics

It is prohibited to offer for sale on Baticlick any items of a National Socialist, racist and/or politically extremist nature, or to disseminate propaganda of this kind.

Examples:

Items containing known coded symbols (e.g. victory crowns) and/or certain numbers (e.g. “88”)

Postcards from the Third Reich featuring a portrait of Adolf Hitler, along with Nazi slogans, swastikas and/or SS symbols.

CDs by far-right or far-left music groups.

T-shirts with political slogans or racist messages printed on them.

Money boxes depicting the heads or busts of black people (“jolly niger banks”).

Exceptions:

Stamps and coins of the Third Reich.

Objective and purely scientific documentation of the National Socialist era.

3.21 Pornography, sexual content and depictions of violence

It is not permitted to offer items containing sexual content or depictions of violence on Baticlick, or items for which this is the sole purpose. This includes pornography in all its forms, listings with sexual or obscene content or connotations, listings that promote violence, prohibited depictions of violence, and listings containing content that is harmful to young people.

Examples:

Hardcore pornographic material, regardless of the type of medium (hard drive, CD, DVD, video, poster, books, etc.)

Offers involving sexual acts with children, animals, human excrement or acts of violence.

Depictions of children and young people in unnatural body positions with sexual connotations.

Advertisements featuring images of genitals, bare breasts or people engaging in a sexual act

Inflatable dolls or love dolls.

Vibrators, dildos, geisha balls, cock rings, cock sleeves, anal plugs and accessories.

All BDSM accessories such as whips, chains, harnesses, masks, love swings, etc.

Pheromone fragrances.

Underwear that has not been washed beforehand.

Cannibalism of any kind (DVD films such as: *Cannibal Holocaust*, *Cannibal Apocalypse*…)

Offers with sexual connotations are for advertising purposes only. For example, one of the photos shows a scantily clad woman who has nothing to do with the product.

Films where the seller deliberately provides only incomplete information to make it clear that they are of a sexual nature (e.g. an insert stating “over 18” and published without a picture).

Modules/cards for erotic transmitters

Films listed in the “List of problematic films” index:

http://www.svv-video.ch/downloads/coc/Problematische_Filme.pdf

3.22 Animals and plants

On Baticlick, it is prohibited to sell live animals of any breed or species (including puppies, kittens, etc.) as part of the listings.

It is prohibited to sell protected animals and plants and products made from them on Baticlick. It is also prohibited to sell dog and cat skins.

Examples: protected animals and plants, as well as products derived from them, such as

Examples:

Feline skins and furs

Rhinoceros horns

Whale bones and teeth

Turtle products

Snake wine

The text of the Federal Ordinance on Animal Protection and further information can be found on the website of the Federal Veterinary Office at www.bvet.admin.ch.

For further information, see www.wwf.ch and www.cites.org.

3.23 All types of weapons, in particular firearms, bladed weapons and ammunition of any kind.

It is prohibited to sell on Baticlick any weapons whose sale or acquisition is prohibited under the provisions of the Swiss Weapons Act (SR.514.54). This includes, in particular, firearms, bladed weapons, weapon parts and ammunition of any kind. Imitation weapons are also prohibited. Baticlick reserves the right to remove listings for weapons that contravene the provisions of the Swiss Weapons Act at any time.

Examples:

Firearms and ammunition:

Firearms in general are prohibited (air guns, rifles, pistols, revolvers, etc.)

Alarm weapons, gas and signal weapons, airsoft guns, paintball markers

Firearm components (magazines, barrels, silencers, breeches, blades, ammunition, grips, frames, receiver housings, etc.)

Replica weapons

Knives and related weapons:

Knives whose blade can be extended by means of an automatic mechanism that can be operated with one hand (e.g. automatic-opening knife, lock knife)

Daggers with a fixed, symmetrical and pointed blade

Butterfly knives

Throwing knives

Credit card knives

Exceptions: kitchen knives, household knives, fishing knives, hunting knives and pocket knives; other weapons (If in doubt, hold a ruler parallel to the blade.)

Devices designed to cause injury to people, such as brass knuckles, handguns, throwing stars and slingshots.

Tasers, electroshock devices (all types)

Camouflaged weapons, such as pistol pens, and all weapons that are not immediately recognisable as such.

Objects that closely resemble a weapon (e.g. pistol-shaped lighters).

3.24 Securities, financial services and coins.

It is not permitted to sell securities and financial services on Baticlick. In the case of coin replicas, the listing must clearly state that the item is a copy, replica or reissue. Replicas of Swiss coins are only permitted if they are accompanied by a legible and permanent label appropriate to the products themselves, such as “copy”, “replica” and so on.

Examples:

Securities and shares (e.g. shares, bonds) of existing companies

Money market instruments/securitised and non-securitised financial instruments

Loans and grants

Loans and insurance or similar regulated services

Banknotes, excluding those no longer in circulation

Meal vouchers

Reka cheques

WIR cheques

Digital and internet currencies (e.g. Bitcoin)

Exceptions:

Older shares may only be sold on Baticlick if they have been declared invalid or if they represent an interest in a company that no longer exists as a legal entity.

3.25 Cigarettes and certain other tobacco products

It is prohibited to sell cigarettes of any kind, as well as products related to goods containing tobacco.

Examples:

Snus and other tobacco products for oral use

NTB (spice and herbal cigarettes)

Electric cigarettes or electric shishas, which already contain nicotine e-liquids

Nicotine e-liquids

Exceptions:

Cigars

Tobacco sold in bulk for smoking or snuffing (cigarette, snuff or pipe tobacco)

Tobacco pipes

Smoking accessories such as cigarette rolling machines, cases, etc.

E-cigarettes or e-shishas, which do not already contain nicotine e-liquids

Nicotine-free e-liquids

Please note: It is strictly forbidden to sell cigars and tobacco to persons under the age of 18. Furthermore, we draw your attention to the provisions of the Federal Tobacco Ordinance, in particular those relating to the import of tobacco products.

3.26 Buildings, land and restricted real rights

It is not permitted to offer property, land or similar property rights. Due to legal regulations, it is not possible to enter into valid sales contracts for property, land, easements (e.g. building rights), security interests and similar rights via the Baticlick platform.

3.27 Vehicle number plates

It is prohibited to advertise number plates of vehicles currently on the road on Baticlick.

PROHIBITION ON THE PROVISION OF SERVICES

4.1 Illegal provision of services

It is not permitted to offer services on Baticlick that contain or are intended to provide illegal services.

Examples:

Services whose sole purpose is to circumvent or override technical measures designed to protect copyrighted works (e.g. copy protection).

4.2 Provision of sexual services

It is not permitted to sell services of a sexual nature on Baticlick, such as prostitution, escort services, video sex, telephone sex or similar services

OTHER REASONS FOR DELETING AN OFFER

Baticlick reserves the right to remove listings that contravene the following provisions.

5.1 Languages other than German, French, Italian or English

It is not permitted to advertise offers on Baticlick in languages other than German, French, Italian or English.

5.2 Incorrect category

Listings that have been placed in the wrong category may be moved or deleted by Baticlick. 

Examples:

Motorbike listed in the “stamps” category.

CDs listed in the “records” category.

Housing unit listed in the “model electric trains” category.

5.3 Promises of earnings or donations

It is prohibited to sell items on Baticlick that are linked to a promise of a prize. It is also prohibited to sell items that are linked to a promise to make a donation, unless prior agreement has been reached with Baticlick. The provisions of the Lotteries Act also apply.

5.4 Spamming of categories

It is not permitted to post the same offers repeatedly on Baticlick if this results in a list of offers that becomes unreadable. This makes it difficult for users to find offers from other sellers.

Examples (non-exhaustive list):

A seller is offering identical items through several accounts.

Identical items are listed several times within the same period instead of as a single multiple sale (only one listing may be created for the item in question).

The title and description have been slightly altered just to make them a bit different.

The same product is listed at different prices.

Baticlick reserves the right, in such cases or similar cases, to remove the articles and to issue a warning to or block the members concerned.

5.5 Misleading information / Unfair behaviour

It is prohibited to publish listings on Baticlick that contain objectively incorrect and/or subjectively misleading information. Furthermore, any behaviour that is misleading or otherwise breaches the principle of good faith and affects relations with competitors or between the Seller and Buyers is prohibited.

Examples:

The photo and text do not match or contain contradictory information.

Conflicting or irrelevant information regarding the condition of the goods or the product’s characteristics.

If goods are marketed with misleading geographical indications of origin (e.g. “Swiss made” for products manufactured in China).

Indication of artificially high comparative prices (astronomical prices).

Unfair advertising and sales practices.

Information comparing prices or promising additional items or other discounts in relation to spirits.

5.6 Handling of search results and other functions of the Baticlick platform.

It is not permitted to use incorrect, inappropriate or misleading terms in the description of the listing (particularly in the title and description of the item) in order to manipulate the search results. Furthermore, the deliberate manipulation of the rating profile through listings is prohibited.

Examples:

Hidden texts

Mentioning brand names that are not related to the offer

Sell Coop Superpoints in 20 batches of 50 points each.

5.7 Rental/subscription contract, etc. (Applies only to bids in auctions and fixed-price bids)

It is not permitted to sell items via Baticlick, as this requires the conclusion of a tenancy agreement.

Products whose purchase is conditional upon the prior conclusion of a subscription must clearly and unambiguously state this condition.

It is also prohibited to sell products that require the conclusion of a leasing contract or an instalment agreement.

Examples:

Mobile phones on a contract.

Registered prepaid cards.

5.8 Requests for research and exchange (Applies only to bids in auctions and fixed-price bids)

Baticlick will remove any offers to search for or exchange products. In addition, “Questions & Answers” and reviews that contravene the above provisions will also be removed.

Examples:

Research mandates.

Search queries.

Exchange inserts.

5.9 Prohibited indications

In particular, it is prohibited to sell listings containing the following information:

5.9.1 Addresses, email addresses, telephone numbers, account details

Contact details such as postal address, website address, VAT number, company registration number, telephone number, email address and bank and post office account details must not be included in offer descriptions, reviews and “Questions & Answers” (including in the “private” replies to “Questions & Answers” and in personal updates).

Exceptions:

For auctions and vehicle advertisements, it is permitted to include a telephone number in the item description.

In the “Questions & Answers” section, it is permitted to include a telephone number if a potential buyer has asked the seller for it during a site visit.

A web address may only be included if the Seller provides a link to the manufacturer’s website in order to present details of a product. The link must not lead to an online shop.

Please note that it is not permitted to include a telephone number in the description (except in the case of an advertisement or a vehicle auction), in the images, in the private message or in the feedback comments (including in the comments section). It is permitted to include such a number in the “Questions & Answers” section if the Seller has received a request from a Buyer to publish it.

5.9.2 Information on jewellery and watches

For jewellery and watches made of gold or silver base metal, etc., the following claims are prohibited:

Guidance on titration;

Information on the proportion or weight of the precious metal used;

Descriptions relating to the name of the precious metals or other indications which are likely to mislead the persons concerned as to the true value or composition of the goods.

Attributes that reduce the value of a precious object (such as “pl.” for simple plating with a precious metal, or “cz.’) must be stated in the language of the advertisement, both in the title of the offer and in the accompanying body text, and must not be given in the form of abbreviations.

Any indication of the thickness of the precious metal layer.

These provisions also apply mutatis mutandis to packaging, advertising claims in brochures, advertisements, online offers, etc.

5.9.3 Cars and motorbikes

Vehicle parts and accessories that have not been tested in accordance with Swiss law, including those used in combination with other components, must be marked as follows:

“Not permitted on the road network in Switzerland in accordance with the Ordinance on Technical Requirements for Road Vehicles”.

Examples:

Xenon lamp with standard reflector

5.10 Sales outside MEBF/goods sold by the kilo (Applies only to bids in auctions or fixed-price bids).

Baticlick shall remove listings that state that additional products can be purchased after the surcharge has been applied and outside of Baticlick. Listings in which Baticlick’s fees have been circumvented and/or the final price of the listing is not visible (e.g. goods sold by the kilo) will also be removed. Examples of this include:

Additional statements in the text of the offer that refer to other offers outside Baticlick, e.g.: “For an additional charge of CHF xxx, you can purchase other identical items or add-ons to the offer” or “Dealer requests apply”, etc.

When the offer price refers to a unit of measurement (cm, kg, etc.) rather than the item itself (e.g. meat/cheese: the offer price refers to the item per kilo (for 1 kg), whereas the item actually weighs 3 kilos, meaning that the Buyer would have to pay three times the stated price).

A statement in the text of the offer stating, for example, that a pair of loudspeakers is being auctioned, but that the offer is nevertheless a multiple auction involving two items and/or that the offer price relates to only one loudspeaker and that, therefore, the price would be calculated as double, or where the offer price for a single auction relates to only one loudspeaker, in which case the price would be calculated as double.

5.11 Advertising/web addresses

Any form of advertising for oneself or for others is prohibited in all photos relating to the listing, in all titles and descriptions of the listing, in all reviews, and in all “Questions & Answers” (including “private” answers to “Questions & Answers” and in personal updates), as well as in usernames.

Examples:

Include internet addresses (WWW addresses, email addresses, etc.).

Create links that lead to online shops.

Create links to other online auction companies or to classifieds websites and car portals.

Exceptions:

For classified adverts in the “Vehicles” category, web addresses are permitted via the paid “website” option.

Links on the manufacturer’s website to the products on offer.

5.12 Other breaches of legal provisions and public morality

As a matter of principle, it is prohibited to publish or manage advertisements in a manner that contravenes legal provisions or public morality.

Examples:

Sending goods by military post