General Terms and Conditions of CAR FOR YOU AG

1. General

CAR FOR YOU AG, 8048 Zurich (hereinafter “CAR FOR YOU”), operates a vehicle portal on its www.carforyou.ch Internet platform on which both commercial customers (hereinafter “Customers”) and private sellers (hereinafter “Sellers”) place advertisements for previously used vehicles and new cars, together with related services. At the same time, the vehicle portal gives potential buyers (hereinafter “Buyers”) an opportunity to consult advertisements and contact the seller or customer.

Sellers are persons who place not more than one free advertisement per year on the CAR FOR YOU vehicle portal.

Customers are persons who place more than one advertisement per year on the CAR FOR YOU vehicle portal.

In all cases, CAR FOR YOU acts solely as a medium. Information that can be retrieved on the vehicle portal is placed by customers/sellers and does not constitute a binding offer on the part of CAR FOR YOU. CAR FOR YOU accepts no liability whatsoever for the accuracy and lawful nature of the information contained in the advertisement. A potential contract is closed exclusively between the customer/seller who has placed the advertisement, on the one hand, and the buyer, on the other. CAR FOR YOU is neither a representative nor an agent of the customer. Declarations of intent relating to the closure of a contract must therefore be negotiated directly between the customer/seller and the buyer and vice versa, but never in relation to CAR FOR YOU, unless otherwise stipulated hereinafter.

2. Scope of the Contract and Validity

2.1. CAR FOR YOU – Seller

CAR FOR YOU allows sellers to place one advertisement per year on the CAR FOR YOU vehicle portal free of charge. The provisions of these general terms and conditions of business (GTCB) govern the relationship between CAR FOR YOU and the sellers unless they refer explicitly to customers or relate to the contractual relationship between CAR FOR YOU and customers.

2.2. CAR FOR YOU – Customers

CAR FOR YOU enables customers to place an unlimited number of advertisements on the CAR FOR YOU vehicle portal, subject to the contractually defined parameters. For this purpose, the customer must enter into a contractual relationship with CAR FOR YOU by signing the separate contract document which is made available to him by CAR FOR YOU. These GTCBs are an integral part of the contract between the dealers and CAR FOR YOU and apply without any limitation unless the parties specifically include differing provisions in the separate contract document to be signed by the customer.

The customer’s own GTCB are deemed not to have been agreed in the relationship with CAR FOR YOU and are therefore invalid unless CAR FOR YOU has specifically consented to their validity in writing.

In order to call upon CAR FOR YOU’s services and use the vehicle platform, the customer/seller must have due legal capacity and be entitled to effect the intended acquisition of the products and services. This means in particular that the customer/seller must be at least 18 years old if he is a natural person. By using the platform or signing the contract with CAR FOR YOU, the customer/seller or the natural person acting on his behalf confirms compliance with these conditions.

The customer is not entitled to transfer the contractual relationship with CAR FOR YOU to any third party.

3. Contractual term

The contract is automatically extended for a further 12 months in each case unless it is terminated as stipulated below.
The contract between CAR FOR YOU and the customer enters into force when the separate contract document has been signed by the customer and is concluded in each particular case for a contractual term defined in the separate contract document.

The contract is automatically extended for a further 12 months in each case unless it is terminated as stipulated below.

4. Termination of the contract

4.1. Ordinary termination
Either party may give three months advance notice to terminate the contract at the end of a contractual term. Termination of the contract by the customer in the event of opposition within the meaning of section 7.4 para 7 and section 18 para 2 is reserved.

4.2. Termination without notice
CAR FOR YOU may terminate the contract without notice if elements of this contract are not respected by the customer or if the latter publishes unlawful contents on his Internet pages. The possibility of termination pursuant to section 14.2 para 2 in particular is reserved.

For important reasons, CAR FOR YOU is likewise entitled to terminate contracts with customers or to withdraw from any part of the contract that has not yet been completed without advance notice, with immediate effect and without any form of compensation; an important reason is deemed to exist in particular if:
(1) the invoice is not paid by the customer by the due date;
(2) the customer engages in unlawful or importuning activities or activities that are detrimental to the CAR FOR YOU platform;
(3) the customer’s particulars were inexact and would have resulted in a refusal to sign the contract had they been known (e.g. under minimum age);
(4) the customer is subsequently deprived of his legal or business capacity.

4.3. Consequences of termination
In the event of termination of the contract, all CAR FOR YOU’s claims against the customer arising out of the business relationship fall due for immediate payment. CAR FOR YOU’s entitlement to commissions is determined by section 7.1, para 4.If the contract is terminated, the customer must immediately return to CAR FOR YOU all data made available to him (together with any copies). In the event of any breach of this obligation, the customer is required to make good all resulting prejudice suffered by CAR FOR YOU, unless he can prove that he was in no way to blame for failure to comply with the obligation to return.

5. Publication of the advertisement/further services of CAR FOR YOU

Advertisements are activated by CAR FOR YOU immediately after all the information and means of advertising needed for publication have been made available to it.

If a contract is closed, the customer receives a username and a password from CAR FOR YOU that enable the customer to place advertisements directly by using electronic interfaces with the CAR FOR YOU database. The placing of an advertisement is confined to the form offered in each particular case (format, fields, length of text etc.). Customers’/sellers’ advertisements are published on the CAR FOR YOU vehicle portal. In addition, the advertisements may also be placed on the CAR FOR YOU cooperation partners’ Internet pages.

CAR FOR YOU cannot guarantee that other Internet providers will not also copy, link and or camouflage by frames the advertisements published on its platform and go on to publish them as an offer of their own, although CAR FOR YOU will endeavour, using the technical and legal means at its disposal, to prevent copying, linking or framing as described above. For this purpose, the customer/seller hereby grants CAR FOR YOU such declarations of consent as may be necessary. However, should unauthorised linking or framing still occur, the customer shall have no claims whatsoever against CAR FOR YOU on that basis.

CAR FOR YOU ensures that buyers are informed of the provisions of Section 10  below before they make an offer to purchase using the online purchase option.

Further services such as promotional actions or boosts are provided by CAR FOR YOU on the terms of separate individual contractual agreements.

6. Right to decline/Right of amendment

CAR FOR YOU reserves the right to decline or delete advertisements of customers/sellers without stating reasons. Minor changes which, in particular, do not alter the content of the advertisement in any way may be made by CAR FOR YOU without the customer’s/seller’s prior consent. CAR FOR YOU will not accept any offers made by minors or persons whose legal capacity is otherwise limited.

Advertisements placed by customers/sellers which infringe the justified interests of third parties (patents, copyright, trademark rights etc.) or are in breach of statutory or official requirements may be deleted by CAR FOR YOU without prior notice and with immediate effect.

7. Compensation rules

Sellers who place not more than one advertisement per year on the CAR FOR YOU vehicle portal are not required to pay CAR FOR YOU any compensation for this purpose.

Customers who place more than one advertisement per year on the CAR FOR YOU vehicle portal and accordingly enter into a written contract with CAR FOR YOU must compensate CAR FOR YOU as follows:

7.1. Commission per vehicle sale
For each vehicle sale completed via CAR FOR YOU, the customer is liable to CAR FOR YOU for a fixed commission. The amount of that commission is defined in the contract document to be signed with CAR FOR YOU as a completion fee for each transaction.

CAR FOR YOU’s commission entitlement is generated at the time when a vehicle purchase contract is signed between the customer and a buyer (1) if this contract relates to a vehicle which the customer has advertised on the CAR FOR YOU vehicle platform and (2) if the buyer’s attention was drawn to the vehicle by this advertisement.

In the event of an online purchase pursuant to Section 10 below, CAR FOR YOU’s commission entitlement is generated as soon as the buyer’s right to rescind the transaction pursuant to Section 10.2. has expired.

Commissions are likewise payable if vehicle purchase contracts are not concluded until after (ordinary or premature) termination of the contract between CAR FOR YOU and the customer, but the conditions of section 7.1, paragraph 2 are satisfied. The customer shall notify CAR FOR YOU immediately, and without the need for a special request to do so, if a purchase contract giving entitlement to a commission has been concluded on the conditions set out above. The customer shall, at CAR FOR YOU’s request, provide detailed information about all the circumstances that are relevant for the purpose of determining the commission entitlement.  

7.2. Basic annual price
Upon signing the separate contract document and whenever the contract is automatically extended, the customer is liable to CAR FOR YOU for payment of a basic price. The amount of that basic price shall be defined in the contract document to be signed by the customer with CAR FOR YOU.

The basic annual price paid by the customer shall be imputed against the commissions payable for the particular contractual year. Over and above the basic prices, the customer shall therefore only pay commissions  to CAR FOR YOU if the total amount of the commissions due for the relevant contractual year exceeds the basic price paid for that contractual year.

However, if the sum of the commissions paid for a particular contractual year falls short of the basic price paid for that year, the customer shall not be entitled to a refund or partial refund of the basic price; the basic price remains vested fully in CAR FOR YOU, unless opposition is made within the meaning of Section 7.4, para 7 and Section 18, para 2.

If opposition within the meaning of Section 7.4, para 7 and Section 18, para 2 is made, the customer shall receive a proportionate refund of the basic price paid for the contractual year which exceeds the commissions due for that contractual year.

7.3.  Maximum costs
If the sum of the commissions for the contractual year exceeds the maximum annual sum agreed in the written contract (maximum costs), the customer’s obligation to pay further commissions to CAR FOR YOU for the relevant contractual year shall lapse.

7.4. Payment terms
CAR FOR YOU invoices the basic prices to the customer immediately after the written contract has been signed and also when it is automatically extended, payment to be made at 30 days.

CAR FOR YOU sends the customer regular statements of the commissions that are payable. If the total amount of the commissions payable exceeds the starting sum that was paid, the excess sum shall be invoiced with a 30-day payment term.

All prices are quoted exclusive of taxes (in particular VAT) and charges.

Payments shall be made using means of payment that are accepted by CAR FOR YOU.

Interest on arrears shall be charged to the customer in the event of late payment of the invoice, together with a warning fee of CHF 20.00 if a warning has to be sent out. Finally, the customer shall pay CAR FOR YOU all additional costs incurred by CAR FOR YOU for the enforcement of its claims (in particular, warning and cash collection charges, together with pre-procedural legal costs).

Retention of payments and offsetting of customer claims against claims of CAR FOR YOU are prohibited unless CAR FOR YOU is insolvent, a legal connection exists between the counterclaim and the customer’s liability, the counterclaim has been established by a court of law or acknowledged by CAR FOR YOU. The customer is not entitled to withhold payments on grounds of incomplete overall delivery, guarantee or warranty claims or complaints about defects.  

CAR FOR YOU is entitled to adjust the agreed compensation at any time. Any price increase must be notified to the customer not less than 14 days before its entry into force. Upon receipt of such notification, the customer may object to the change within 14 days (opposition). In the event of opposition, the contract shall remain in force on the existing terms and end on the last day of the following month. If the customer fails to object within the stipulated period, the adjustment of compensation shall be deemed to have been accepted.

8. Further obligations of the customer/seller

Customers/sellers are responsible for the complete and correct drafting of the content of their advertisement when this is placed by them personally and must upload any images in impeccable condition. CAR FOR YOU gives no guarantee as to the accuracy of advertisements or changes notified by telephone. Prejudice incurred because of late, incomplete transmission or unsuitable means of advertising shall be the customer’s/seller’s sole responsibility.

Customers/sellers have sole responsibility for the content and in particular for the accuracy, topicality and lawful nature of their advertisements (text and images). Customers/sellers undertake to comply with the relevant laws and third-party rights. CAR FOR YOU is entitled, but not obliged, to check the lawful nature of advertisements and, in particular, to make sure that they are not in breach of third-party rights.  

From activation of the advertisement until the booked duration expires, the customer/seller is responsible for maintenance of the advertisement (e.g. for deactivation of outdated advertisements).

The customer/seller shall indemnify CAR FOR YOU fully against third-party claims that are lodged against CAR FOR YOU on grounds of the advertisement’s content or of the customer’s/seller’s action on the vehicle platform. This likewise applies to the costs of legal representation.  

The customer is required to refrain from disclosing his username, password and all data which facilitate unauthorised access to his user account and to protect them against unauthorised third-party access. CAR FOR YOU accepts no liability for unauthorised or wrongful use of the customer’s username or password. The customer is likewise liable for third parties who make use of CAR FOR YOU services via his account. The customer shall immediately report any unauthorised or unlawful use of his username or password to CAR FOR YOU. CAR FOR YOU is entitled to keep records of IP addresses.The customer/seller undertakes to refrain from any unauthorised use of information and data received via CAR FOR YOU. The term unauthorised use means, in particular, use within Switzerland of information and data received for commercial purposes which resemble the services offered by  CAR FOR YOU.

9. Premature deactivation of the advertisement by the customer/seller

In principle, the customer/seller is entitled to deactivate the advertisement at any time after it has been placed. This will be the case in particular in the event of a successful sale if the customer wishes to prevent further enquiries by potential buyers.

The customer/seller must himself effect this premature deactivation. Alternatively, this can be done by CAR FOR YOU employees or their assistants.

Any such premature deactivation does not under any circumstances constitute withdrawal from the contract because CAR FOR YOU has already provided its promised service as soon as an advertisement that was written has been processed and cleared for publication on the CAR FOR YOU servers.

If one or all of a customer’s advertisements are deactivated prematurely, the contract remains in force. The contractual payment obligations still apply and CAR FOR YOU cannot be required to refund payments that have already been made.

10. Online purchase option

10.1. General and closure of a contract

CAR FOR YOU gives customers an opportunity to offer their vehicles by using the “online purchase” button (“online purchase option”) on the www.carforyou.ch platform. If a customer offers the online purchase option for a vehicle, the provisions of this Section 10 shall apply and take priority over the other GTCB in cases where they depart from the latter.

If a vehicle is acquired using the online purchase option, the purchase contract is still concluded exclusively between the advertiser as the seller and the interested party as the buyer. CAR FOR YOU is not involved in the purchase contract.

By using the online purchase option, the buyer makes a direct purchase offer which CAR FOR YOU passes on to the customer. By using the online purchase option, the buyer confirms in particular the fact that he has taken due note of, and understood, the provisions of this Section 10.

At the buyer’s request, when making the offer he may pay an instalment/reservation fee to CAR FOR YOU. CAR FOR YOU passes this payment on to the customer who imputes it against the purchase price. CAR FOR YOU’s entitlement to payment of a commission by the customer remains unchanged.

If the customer accepts the purchase offer made by the interested party, he must forward the written purchase contract to that party within one working day. If the purchase contract so provides, the buyer shall sign and return it to the customer.

10.2. Binding contractual content for an online purchase

If a vehicle is acquired by the online purchase option, the vehicle purchase conditions shall in principle likewise be freely determined by the two parties in the written purchase contract between the customer and the buyer.

Over and above the provisions of the written purchase contract, the parties to that contract shall, if a vehicle is acquired by the online purchase option, via the www.carforyou.ch website, always have the following mutual rights and obligations which take precedence over any different provisions of the purchase contract or those of any other agreements reached between the parties to the purchase contract:

Buyer’s rights/customer’s duties:

• The customer grants the buyer a guarantee lasting for at least one year on the vehicle that is sold by way of a warranty against defects. If the purchase contract makes provision for a longer warranty period, that longer period shall apply. If the purchase contract contains no provision as to the duration of the warranty, the general statutory provisions shall apply. The scope of the warranty is defined in the purchase contract. If the purchase contract makes no mention of the scope of the warranty, the general statutory provisions shall apply.
• The vehicle shall be delivered by the customer, free of charge, to an address of the buyer’s own choice within Switzerland.
• Within seven days of delivery of the vehicle, or after driving not more than 500 kilometres  after the vehicle has been delivered, the buyer is entitled to ask for the purchase contract to be cancelled. In the event of such cancellation, the buyer shall receive a refund of the full purchase price, including any instalment payment/booking fee, from the customer within ten days of the vehicle’s return.

Buyer’s duties/customer’s rights:

• If the buyer wishes to make use of his right of return, he shall inform the customer of that fact in writing. The right of return is deemed to have been exercised in good time if the withdrawal is notified or posted to the seller by 23.59 on the seventh day after the vehicle was handed over or before the 500th kilometre has been driven.
• If the buyer exercises his right of withdrawal, he is no longer entitled to use the vehicle (save for the purpose of returning it to the customer).
• In the event of cancellation, the buyer must take the vehicle back to the customer within seven days of the declaration of withdrawal at the place where it was located when the purchase contract was signed. The vehicle shall be returned by the buyer in a condition identical to its condition at the time when the purchase contract was concluded (after cleaning etc.), with the exception of the number of kilometres driven by the buyer. The vehicle must be returned with a full fuel tank.
• The buyer is liable to the customer for any damage caused to the vehicle between its handover and return. • In the event of cancellation, the customer must make sure that the vehicle is deregistered at the Road Transport Department and that the motor vehicle insurance has been suspended.

11. Protected rights

All offers, services, information, logos, company marks, images, designs, texts and programs  figuring on the www.carforyou.ch websites are protected intellectual property rights of CAR FOR YOU or of its cooperation partners.

12. Rights in the advertisement in particular

The customer/seller benefits from an entitlement to make free use of any protected rights embodied in advertisements (e.g. image rights, trademarks and copyright) and hereby authorizes CAR FOR YOU to make use of such rights for the performance of the contract.

CAR FOR YOU acquires sole usage rights in all advertisements produced by it. Insofar as the advertisements published by CAR FOR YOU were produced by the customer/seller himself (self-advertising) or by an agency acting on his behalf, the customer hereby grants CAR FOR YOU an exclusive and transferable right of use for the purpose of publication of the advertisement. The right to decline pursuant to section 6, paragraph 1 above shall apply as appropriate. The right of use includes in particular the right to oppose in its own name unlawful breaches of copyright by third parties on the occasion of publication and also to enforce any resulting claims in the courts.

By placing advertisements on the vehicle platform, the customer/seller grants CAR FOR YOU the right to incorporate his advertisements in the vehicle platform and also in online and other own or third party services, to use and exploit them for its own marketing and other purposes, or to otherwise publish and give access to them or pass them on to third parties, in particular to disseminate and publish such advertisements on other channels (e.g. social media channels or mobile devices).

13. Warranty and liability of CAR FOR YOU

13.1. General

CAR FOR YOU is only liable for prejudice if deliberate intent or gross negligence can be proven on the basis of the relevant statutory provisions. For the rest, in particular for minor and average negligence, as well as actions of third parties and assistants, liability is declined insofar as no binding legal provisions preclude this. Compensation for secondary prejudice and damage to assets, failure to achieve savings, losses of interest, loss of profit and damages arising from the claims of third parties against CAR FOR YOU are excluded in every case, to the extent that this is permitted by law.

CAR FOR YOU is not liable for conduct that would in principle constitute a breach of contract, insofar as such breach is caused by force majeure or other circumstances beyond the control of the supplier who accepts the order.

CAR FOR YOU’s liability to the customer is limited to the value of the order, whatever the legal basis for liability may be.

CAR FOR YOU is not liable for prejudice caused by wrongful use of data that have been transmitted or for prejudice caused because database contents are displayed only in abbreviated or distorted form.

13.2. For advertisements in particular

CAR FOR YOU guarantees the finest possible reproduction of the advertisement, respecting the habitual technical standard in every case.

CAR FOR YOU has no influence on Internet technology and/or on general Internet connections and declines all liability in this respect. However, CAR FOR YOU specifically admits no responsibility or liability for the availability of the Internet service due to failures of the server(s) or of the Internet or parts thereof.

CAR FOR YOU endeavours to maintain stable operation of the server, by means of which the customer’s data and information are published. Should this server nevertheless experience functional defects, CAR FOR YOU shall endeavour to remedy or minimise them as quickly as possible. No claims for compensation shall be entertained against CAR FOR YOU for any prejudice suffered as a result. If the system failure lasts for more than 24 hours or if a system failure of that length is likely, CAR FOR YOU shall immediately inform the customer by suitable means of communication (telephone, email or letter). All warranty and liability on the part of CAR FOR YOU are excluded in respect of defective functions caused by unprofessional use by the customer/seller, unsuitable display software or hardware (e.g. browsers), or other data carriers used by the customer/seller, operating systems, databases, server software of other manufacturers or suppliers, viruses of any kind whatsoever or unsuitable operating and transport conditions as well as defective functions of the Internet connection, or incomplete or out of date offers or failure of the CAR FOR YOU platform server lasting for not more than 24 hours. If a failure lasts for more than 24 hours, the general provisions on liability shall apply.

CAR FOR YOU is liable neither for any particular success of the advertisement nor for the accuracy, completeness and suitability of the offered object or completion of a transaction.

14. Warranty and liability of the customer/seller

14.1. In relation to CAR FOR YOU

The customer/seller is liable for all prejudice caused to CAR FOR YOU either by him or by a third party who is accountable to him; he shall likewise pay CAR FOR YOU’s legal representation costs (including court and lawyers’ fees).

14.2. For advertised vehiclesThe customer/seller is responsible for making sure that he has the right to dispose of the vehicles advertised by him with CAR FOR YOU, that the vehicles can be delivered and the services provided.  

Vehicles that are advertised on the CAR FOR YOU platform must be available for inspection by interested parties at the place of sale (with the exception of the online purchase option). CAR FOR YOU reserves the right to deactivate advertisements for vehicles that cannot be inspected at the point of sale or to terminate this contract without notice if the customer/seller fails to remove such vehicle advertisements after receiving a written warning from CAR FOR YOU.

15. Data Protection

Reference is made to the data protection declaration.

16. Links

The web address www.carforyou.ch, together with its sub-pages, contains links to other websites. CAR FOR YOU has and accepts no responsibility whatsoever for the content of those websites. CAR FOR YOU points out that no review or technical verification (viruses etc.) is made of the contents, which can be accessed and retrieved via the CAR FOR YOU portal but are not CAR FOR YOU’s own contents. The provider of the relevant website to which the user was referred has sole liability for unlawful, defective or incomplete contents and in particular for prejudice suffered as a result of use of linked information.

17. Use of Third-party Applications

Whenever he uses third-party applications that are integrated into the applications and/or online platforms of www.carforyou.ch, the customer/seller accepts the relevant provisions on use of such applications

18. Amendments to the GTCB

CAR FOR YOU is entitled to amend these GTCB at any time and to publish the latest version on www.carforyou.ch.

Substantial amendments shall be notified to customers not less than 14 days before the date on which they are due to enter into force. Upon receipt of such notification, the customer is entitled to object to the change within 14 days (opposition). If such opposition is notified, the contract shall remain in force on the previous conditions but shall end on the last day of the next following month. If the customer fails to object to the new GTCB by the stipulated deadline, the amended GTCB shall be deemed to have been accepted.

19. Final Provisions

In order to be legally valid, all notifications, information, warnings, deadlines or other declarations with legal effect made between CAR FOR YOU and the customer must be set down in writing or by some other form of transmission which permits textual proof (e.g. email).

Applicable law and place of jurisdiction: offers of CAR FOR YOU and contracts with customers shall be governed by Swiss law. Zurich is the place of performance and place of jurisdiction over any disputes.

Should individual provisions hereof be or become invalid, that fact shall not affect the remaining content of this contract. The relevant provision shall instead be replaced by a provision that would have been chosen by the parties in good faith, if they had been aware of the fact that the relevant provision was invalid. The same stipulation shall apply if a gap is found to exist.

CAR FOR YOU SA

Badenerstrasse 567, 8048 Zurich
Tél. +41 43 588 10 00info@carforyou.chwww.carforyou.ch
Status: 10.15.2020