Terms of use
1. INTRODUCTION
These terms of use, privacy notices and all and any privacy policies published on our www.guitarsexchange.com website set forth the terms under which Guitars Exchange sagl, having registered office in 6850 Mendrisio, Via Vignoo 3 (Switzerland) – company registration no. CHE-323.888.367 – offers you access to our website, services, applications and tools (hereinafter referred to jointly as ‘the Services’). The user undertakes to comply with all that is described therein when using the services. These terms of use apply to all users who register an account.
2. SERVICE DESCRIPTION
www.guitarsexchange.com is a platform which, amongst other things, allows users to publish ads, and sell and purchase third party products available in the ‘Marketplace’ section ('Buy & Sell'). Guitars Exchange Sagl does not own the items for sale or sold by www.guitarsexchange.com, and is not directly involved in transactions between buyers and sellers. The purchase and sale agreement is entered directly by and between the buyer and the seller. In any such case Guitars Exchange sagl will act as a broker and take a commission from the seller, as described in number 5 below (“CHARGES”). The use of any other services accessible by registering to www.guitarsexchange.com is free of charge. Whenever we provide indications on prices and on currency exchange, transport and other issues relevant to our services, such indications are for information purposes only and do not give rise to any contract between you and Guitars Exchange sagl. Guitars Exchange Sagl does not certify, nor rectify or warrant the truthfulness of the advertisements and the contents thereof published by the users. Even though Guitars Exchange Sagl endeavours to help solve any disputes, Guitars Exchange Sagl has no control over nor warrants the existence, quality, safety or lawfulness of any advertised or published items; the truthfulness or accuracy of any contents, ads or user ratings; the ability of sellers to sell items; the ability of purchasers to pay for items; nor that any purchaser or seller may enter an agreement for the purchase, sale or return of an item.
3. TERMS OF USE
Whenever using www.guitarsexchange.com you commit yourself:
· Not to publish, send or upload contents or items on/to the appropriate category or area on our website;
· Not to breach or circumvent any law, third party rights or our policies;
· Not to sell counterfeit goods, or otherwise breach copyrights, trademarks, or other third party rights;
· To use our services only if you are entitled to sign legally binding contracts (e.g.: if you are 18 or over);
· If you are the buyer, to pay for the purchased items, unless the seller has substantively modified the item’s description after the purchase has been finalized, or the seller has made a manifest typographical error or should it be impossible to contact the seller;
· If you are the seller, to send the items you sold, unless the buyer does not meet the requirements which have been set forth or should it be impossible to contact the buyer;
· To pay for any tax or duty, such as VAT, arising from the sale or purchase of the products. Whenever in doubt, any price shall be deemed to include VAT;
· To acknowledge that, on principle, there is no right of return or reimbursement of the agreed price on any item sold. Items are sold by the seller without warranty, notwithstanding any characteristics and quality standards guaranteed in the ad.
· Not to manipulate or change the price of an item and not to interfere with ads by other users;
· Not to publish incorrect, misleading, deceitful, defamatory and/or libellous.
· Not to take actions which may cause prejudice to voting or rating systems;
· Not to transfer your account or user-ID to another party without our consent;
· Not to spread or send spam or unsolicited e-mails, chain letters or pyramid schemes;
· Not to spread viruses or other technologies which could cause harm to Guitars Exchange Sagl or third parties;
· Not to use any robot, spider, data collection device or other automated equipment to access our services for any purpose whatsoever;
· Not to bypass and/or circumvent our exclusion and lockout systems for robots that interfere with the functioning of our services; and/or impose an unreasonable or disproportionately large load on our infrastructure;
· Not to copy, share, modify and/or distribute our website rights or contents;
· Not to copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content (except information) of our services, without prior consent in writing by Guitars Exchange Sagl and/or third parties;
· Not to collect information on users, including their e-mail address, without their consent.
We shall begin to supply our services as soon as you agree to our Terms of Use. Unless an agreement in writing is reached between the user and Guitars Exchange Sagl, it shall not be possible to cancel these Terms of Use pursuant to the applicable rules on consumer protection (or any equivalent legislation in your jurisdiction) once the supply of Services has started. We shall be entitled to cancel without notice any accounts that remain unconfirmed or have been inactive for a long period of time, as well as modify or revoke the Services.
4. MISUSE AND INAPPROPRIATE BEHAVIOUR
Notwithstanding any other rights, Guitars Exchange Sagl shall be entitled to limit, suspend or interrupt the user's services and account, limit or forbid access to the services and the activities which are developed therein, cancel offers, remove advertisements, delay publication or remove published contents, remove any special status associated with the account, reduce or cancel any discounts, and adopt technical and legal measures to prevent some users from using our services, if:
· We deem that such users are creating problems or potential legal liabilities;
· We deem that the above restrictions will improve the safety of the community or reduce the exposure to economic liabilities of Guitars Exchange Sagl or any other user;
· We deem that third party rights are being infringed;
· We deem that users are acting inconsistently with regard to the letter or the spirit of these Terms of Use or our policies, or in an abusive, unlawful and/or offensive manner towards our employees or other users;
· Notwithstanding our reasonable efforts, we are not able to verify or authenticate the information supplied; or
· The commission applied to the purchase and sale and/or for our services is not paid within the due date.
5. CHARGES
Charges are applied only once the sale of the items included in our ‘Marketplace’ section is completed and they are listed on our website. Guitars Exchange sagl shall collect the commission due from the seller, i.e. Guitars Exchange sagl’s partner in the agreement. The percentage applied on the total received by the seller is currently equal to 7%. The amount shall be automatically deducted by PayPal. With this method Guitars Exchange’s Charges shall be deducted from your PayPal account after 10 days of invoice receipt. PayPal deducts the amount of charges from your PayPal account. If your PayPal balance is not sufficient to cover the payment of the invoice, charges shall be debited to the alternative funding source you selected when registering to the automatic payment of Guitars Exchange Charges through PayPal. If you did not specify any alternative funding source at the time of registration, PayPal shall use any other funding source supplied by you. We shall be entitled to change our prices at any time, by simply amending these terms or publishing such amendments with 30 days prior notice on the www.guitarsexchange.com website. You may delete your account without penalty within 30 days of the publication of the notice relating to the amendments. When you are selling an item you are obliged to register a payment method. If any problems arise with your payment method or there are any pending payments on your account, we can debit charges that are still due by using debt collection mechanisms, including through the services of registered debt collection agencies or law firms, and, in the event of payments pending for more than 180 days, deduct the amount due from the balance of your PayPal account.
6. REQUIREMENTS FOR THE PUBLICATION OF ADS
By publishing an advertisement the user accepts:
· To take responsibility for the content and lawfulness of the advertised item and to promote it in compliance with these Terms of Use.
· Ads cannot be immediately indexed and/or found in a keyword or category search. Indexing normally takes place within approx. 24 hours. However, Guitars Exchange Sagl does not guarantee a definite time for the publication of ads.
· When the ad appears in the search results and browsing, the latter may be based upon a number of factors, such as the format, title, bid (in the case of the auction mode), end time, keywords, transport prices, feedback ratings, and detailed seller ratings.
7. TERMS OF PURCHASE
When you buy an item, you undertake to comply with all terms and rules relevant to buyers and you accept:
· To take responsibility for reading in full the ad relating to the item on sale before bidding and/or before committing to the purchase
· To enter a legally binding contract for the purchase of an item when you commit to purchase it by clicking on the “buy now” button or if during an auction you placed the winning or highest bid.
8. CONTENT
By sending and uploading content on www.guitarsexchange.com, you transfer to Guitars Exchange sagl the non-exclusive worldwide publication right for the maximum period permitted by law, and in any case for the entire period the content is published on www.guitarsexchange.com. The right of publication shall be deemed irrevocable – except within the limitations of these Terms of Use - free, and transferable (towards third parties). You therefore authorize Guitars Exchange Sagl to exercise all and any intellectual property rights, industrial property rights, advertisement rights, image rights, database rights and any other right available on the content, including reproduction, services, distribution, adaptation, transformation, translation, licensing, distribution and public communication, for all formats and known or future media.
9. LIABILITY
We endeavour to ensure that Guitars Exchange Sagl and the services supplied through the www.guitarsexchange.com website are safe, risk-free, and properly functioning, however we cannot guarantee continued functioning and access to our services. Offer updates in the case of auctions and other user notifications may not occur on a real time basis. These features are subject to delays beyond Guitars Exchange Sagl’s control. Guitars Exchange Sagl is not liable towards users for contractual responsibility or for liability of any other kind, whether for negligence or wilful misconduct and for any loss of business and/or earnings, such as loss of data, profit, income, business activities, opportunity, goodwill, reputation or interruption of business activities, directly or indirectly deriving from:
· The use or inability to use our services by the user;
· Prices, dispatch or other information provided by Guitars Exchange Sagl ;
· Delays or interruption of our services;
· Viruses or other software causing harm after accessing or installing itself in the supplied systems and/or services.
· Deficiencies, errors, or inaccuracies of any kind in our services;
· Damage to user hardware due to/during the use of any service;
· The contents, actions or omissions of third parties, including items advertised through our Services or the destruction of allegedly counterfeit goods;
· The suspension or any other action taken against your account;
· The period or the way your ads are displayed in search results, or
· The need to modify user practices, content or behaviour, or the loss and/or inability to do business further to changes to these Terms of Use or our policies. The identification of Internet users is difficult. Guitars Exchange Sagl is not in a position, nor confirms nor takes any responsibility in guaranteeing the truthfulness or veracity of the alleged identity of the users or the validity of the information supplied to us or mentioned on our website. Notwithstanding the provisions of the previous paragraphs, should liability eventually be found, the maximum compensation that Guitars Exchange sagl shall be obliged to pay users or third parties, is limited, in the alternative, to (a) the amount of charges relevant to the business, which, however, shall by no means exceed the total charges paid to Guitars Exchange Sagl in the course of the 3 months prior to the action which gave rise to the liability , or (b) not in excess of 100 Euros.
Compensation shall be limited to the higher amount between the above mentioned (a) and (b) alternatives.
10. INDEMNITY
The user accepts to indemnify Guitars Exchange Sagl from any loss or costs that Guitars Exchange Sagl shall have to bear, including legal expenses, in relation to any breach by the user of these Terms of Use, or of any law, or of third party rights.
11. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION FOR RELATIONSHIPS WITH GUITARS EXCHANGE sagl
The contractual relationship between Guitars Exchange sagl and the user is governed by Swiss law. It is hereby agreed that for any dispute that should arise between you and Guitars Exchange sagl the Court of Competent Jurisdiction shall be that of the Municipality of Mendrisio – Switzerland.
12. SETTLEMENT OF DISPUTES IN THE RELATIONSHIPS BETWEEN BUYER AND SELLER
The contractual relationship between buyer and seller is governed by Swiss law. Should any dispute arise between you and the buyer/seller, please contact us first to try and find a solution by writing to our customer service at the following address: info@guitarsexchange.com. If we are unable to find a solution for the dispute, as per the previous paragraph, al users agree to submit the matter to the Court of Competent Jurisdiction for Mendrisio - Switzerland.
13. GENERAL PROVISIONS
Should any of these Terms of Use prove to be invalid, void or unenforceable for any reason whatsoever, such term shall be ineffective, however the remaining terms shall remain fully effective. Failure to carry out and/or complete any action against any breach by the user shall in no way be construed to be a waiver of Guitars Exchange Sagl’s right to act against any other subsequent or similar breaches. We shall be entitled to change these Terms of Use at any time by communicating such changes to registered users by e-mail or by publishing the amended terms on www.guitarsexchange.com or by simply modifying the Terms of Use hereof. All terms and conditions of the revised Terms of Use shall be effective after 30 days from publication. The following sections and/or entries shall be effective even after the termination of these Terms of Use: price (regarding our services’ special charges), content, liability, indemnity, settlement of disputes and exemption from liabilities included in these Terms of Use. Any legal information shall be notified by registered letter to: Guitars Exchange Sagl, via Vignoo 3, CH-6850 Mendrisio, Switzerland. Guitars Exchange Sagl shall be entitled to send e-mail notifications to the e-mail address supplied by the user at the time of registration. E-mail notifications shall be considered to be sent after 24 hours of sending the relevant e-mail, unless the sender is notified that the e-mail address is invalid. Alternatively, it will be possible to send a legal notice by postal service at the street address supplied at the time of registration.
Version effective as at 12.15.2014
These terms of use, privacy notices and all and any privacy policies published on our www.guitarsexchange.com website set forth the terms under which Guitars Exchange sagl, having registered office in 6850 Mendrisio, Via Vignoo 3 (Switzerland) – company registration no. CHE-323.888.367 – offers you access to our website, services, applications and tools (hereinafter referred to jointly as ‘the Services’). The user undertakes to comply with all that is described therein when using the services. These terms of use apply to all users who register an account.
2. SERVICE DESCRIPTION
www.guitarsexchange.com is a platform which, amongst other things, allows users to publish ads, and sell and purchase third party products available in the ‘Marketplace’ section ('Buy & Sell'). Guitars Exchange Sagl does not own the items for sale or sold by www.guitarsexchange.com, and is not directly involved in transactions between buyers and sellers. The purchase and sale agreement is entered directly by and between the buyer and the seller. In any such case Guitars Exchange sagl will act as a broker and take a commission from the seller, as described in number 5 below (“CHARGES”). The use of any other services accessible by registering to www.guitarsexchange.com is free of charge. Whenever we provide indications on prices and on currency exchange, transport and other issues relevant to our services, such indications are for information purposes only and do not give rise to any contract between you and Guitars Exchange sagl. Guitars Exchange Sagl does not certify, nor rectify or warrant the truthfulness of the advertisements and the contents thereof published by the users. Even though Guitars Exchange Sagl endeavours to help solve any disputes, Guitars Exchange Sagl has no control over nor warrants the existence, quality, safety or lawfulness of any advertised or published items; the truthfulness or accuracy of any contents, ads or user ratings; the ability of sellers to sell items; the ability of purchasers to pay for items; nor that any purchaser or seller may enter an agreement for the purchase, sale or return of an item.
3. TERMS OF USE
Whenever using www.guitarsexchange.com you commit yourself:
· Not to publish, send or upload contents or items on/to the appropriate category or area on our website;
· Not to breach or circumvent any law, third party rights or our policies;
· Not to sell counterfeit goods, or otherwise breach copyrights, trademarks, or other third party rights;
· To use our services only if you are entitled to sign legally binding contracts (e.g.: if you are 18 or over);
· If you are the buyer, to pay for the purchased items, unless the seller has substantively modified the item’s description after the purchase has been finalized, or the seller has made a manifest typographical error or should it be impossible to contact the seller;
· If you are the seller, to send the items you sold, unless the buyer does not meet the requirements which have been set forth or should it be impossible to contact the buyer;
· To pay for any tax or duty, such as VAT, arising from the sale or purchase of the products. Whenever in doubt, any price shall be deemed to include VAT;
· To acknowledge that, on principle, there is no right of return or reimbursement of the agreed price on any item sold. Items are sold by the seller without warranty, notwithstanding any characteristics and quality standards guaranteed in the ad.
· Not to manipulate or change the price of an item and not to interfere with ads by other users;
· Not to publish incorrect, misleading, deceitful, defamatory and/or libellous.
· Not to take actions which may cause prejudice to voting or rating systems;
· Not to transfer your account or user-ID to another party without our consent;
· Not to spread or send spam or unsolicited e-mails, chain letters or pyramid schemes;
· Not to spread viruses or other technologies which could cause harm to Guitars Exchange Sagl or third parties;
· Not to use any robot, spider, data collection device or other automated equipment to access our services for any purpose whatsoever;
· Not to bypass and/or circumvent our exclusion and lockout systems for robots that interfere with the functioning of our services; and/or impose an unreasonable or disproportionately large load on our infrastructure;
· Not to copy, share, modify and/or distribute our website rights or contents;
· Not to copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content (except information) of our services, without prior consent in writing by Guitars Exchange Sagl and/or third parties;
· Not to collect information on users, including their e-mail address, without their consent.
We shall begin to supply our services as soon as you agree to our Terms of Use. Unless an agreement in writing is reached between the user and Guitars Exchange Sagl, it shall not be possible to cancel these Terms of Use pursuant to the applicable rules on consumer protection (or any equivalent legislation in your jurisdiction) once the supply of Services has started. We shall be entitled to cancel without notice any accounts that remain unconfirmed or have been inactive for a long period of time, as well as modify or revoke the Services.
4. MISUSE AND INAPPROPRIATE BEHAVIOUR
Notwithstanding any other rights, Guitars Exchange Sagl shall be entitled to limit, suspend or interrupt the user's services and account, limit or forbid access to the services and the activities which are developed therein, cancel offers, remove advertisements, delay publication or remove published contents, remove any special status associated with the account, reduce or cancel any discounts, and adopt technical and legal measures to prevent some users from using our services, if:
· We deem that such users are creating problems or potential legal liabilities;
· We deem that the above restrictions will improve the safety of the community or reduce the exposure to economic liabilities of Guitars Exchange Sagl or any other user;
· We deem that third party rights are being infringed;
· We deem that users are acting inconsistently with regard to the letter or the spirit of these Terms of Use or our policies, or in an abusive, unlawful and/or offensive manner towards our employees or other users;
· Notwithstanding our reasonable efforts, we are not able to verify or authenticate the information supplied; or
· The commission applied to the purchase and sale and/or for our services is not paid within the due date.
5. CHARGES
Charges are applied only once the sale of the items included in our ‘Marketplace’ section is completed and they are listed on our website. Guitars Exchange sagl shall collect the commission due from the seller, i.e. Guitars Exchange sagl’s partner in the agreement. The percentage applied on the total received by the seller is currently equal to 7%. The amount shall be automatically deducted by PayPal. With this method Guitars Exchange’s Charges shall be deducted from your PayPal account after 10 days of invoice receipt. PayPal deducts the amount of charges from your PayPal account. If your PayPal balance is not sufficient to cover the payment of the invoice, charges shall be debited to the alternative funding source you selected when registering to the automatic payment of Guitars Exchange Charges through PayPal. If you did not specify any alternative funding source at the time of registration, PayPal shall use any other funding source supplied by you. We shall be entitled to change our prices at any time, by simply amending these terms or publishing such amendments with 30 days prior notice on the www.guitarsexchange.com website. You may delete your account without penalty within 30 days of the publication of the notice relating to the amendments. When you are selling an item you are obliged to register a payment method. If any problems arise with your payment method or there are any pending payments on your account, we can debit charges that are still due by using debt collection mechanisms, including through the services of registered debt collection agencies or law firms, and, in the event of payments pending for more than 180 days, deduct the amount due from the balance of your PayPal account.
6. REQUIREMENTS FOR THE PUBLICATION OF ADS
By publishing an advertisement the user accepts:
· To take responsibility for the content and lawfulness of the advertised item and to promote it in compliance with these Terms of Use.
· Ads cannot be immediately indexed and/or found in a keyword or category search. Indexing normally takes place within approx. 24 hours. However, Guitars Exchange Sagl does not guarantee a definite time for the publication of ads.
· When the ad appears in the search results and browsing, the latter may be based upon a number of factors, such as the format, title, bid (in the case of the auction mode), end time, keywords, transport prices, feedback ratings, and detailed seller ratings.
7. TERMS OF PURCHASE
When you buy an item, you undertake to comply with all terms and rules relevant to buyers and you accept:
· To take responsibility for reading in full the ad relating to the item on sale before bidding and/or before committing to the purchase
· To enter a legally binding contract for the purchase of an item when you commit to purchase it by clicking on the “buy now” button or if during an auction you placed the winning or highest bid.
8. CONTENT
By sending and uploading content on www.guitarsexchange.com, you transfer to Guitars Exchange sagl the non-exclusive worldwide publication right for the maximum period permitted by law, and in any case for the entire period the content is published on www.guitarsexchange.com. The right of publication shall be deemed irrevocable – except within the limitations of these Terms of Use - free, and transferable (towards third parties). You therefore authorize Guitars Exchange Sagl to exercise all and any intellectual property rights, industrial property rights, advertisement rights, image rights, database rights and any other right available on the content, including reproduction, services, distribution, adaptation, transformation, translation, licensing, distribution and public communication, for all formats and known or future media.
9. LIABILITY
We endeavour to ensure that Guitars Exchange Sagl and the services supplied through the www.guitarsexchange.com website are safe, risk-free, and properly functioning, however we cannot guarantee continued functioning and access to our services. Offer updates in the case of auctions and other user notifications may not occur on a real time basis. These features are subject to delays beyond Guitars Exchange Sagl’s control. Guitars Exchange Sagl is not liable towards users for contractual responsibility or for liability of any other kind, whether for negligence or wilful misconduct and for any loss of business and/or earnings, such as loss of data, profit, income, business activities, opportunity, goodwill, reputation or interruption of business activities, directly or indirectly deriving from:
· The use or inability to use our services by the user;
· Prices, dispatch or other information provided by Guitars Exchange Sagl ;
· Delays or interruption of our services;
· Viruses or other software causing harm after accessing or installing itself in the supplied systems and/or services.
· Deficiencies, errors, or inaccuracies of any kind in our services;
· Damage to user hardware due to/during the use of any service;
· The contents, actions or omissions of third parties, including items advertised through our Services or the destruction of allegedly counterfeit goods;
· The suspension or any other action taken against your account;
· The period or the way your ads are displayed in search results, or
· The need to modify user practices, content or behaviour, or the loss and/or inability to do business further to changes to these Terms of Use or our policies. The identification of Internet users is difficult. Guitars Exchange Sagl is not in a position, nor confirms nor takes any responsibility in guaranteeing the truthfulness or veracity of the alleged identity of the users or the validity of the information supplied to us or mentioned on our website. Notwithstanding the provisions of the previous paragraphs, should liability eventually be found, the maximum compensation that Guitars Exchange sagl shall be obliged to pay users or third parties, is limited, in the alternative, to (a) the amount of charges relevant to the business, which, however, shall by no means exceed the total charges paid to Guitars Exchange Sagl in the course of the 3 months prior to the action which gave rise to the liability , or (b) not in excess of 100 Euros.
Compensation shall be limited to the higher amount between the above mentioned (a) and (b) alternatives.
10. INDEMNITY
The user accepts to indemnify Guitars Exchange Sagl from any loss or costs that Guitars Exchange Sagl shall have to bear, including legal expenses, in relation to any breach by the user of these Terms of Use, or of any law, or of third party rights.
11. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION FOR RELATIONSHIPS WITH GUITARS EXCHANGE sagl
The contractual relationship between Guitars Exchange sagl and the user is governed by Swiss law. It is hereby agreed that for any dispute that should arise between you and Guitars Exchange sagl the Court of Competent Jurisdiction shall be that of the Municipality of Mendrisio – Switzerland.
12. SETTLEMENT OF DISPUTES IN THE RELATIONSHIPS BETWEEN BUYER AND SELLER
The contractual relationship between buyer and seller is governed by Swiss law. Should any dispute arise between you and the buyer/seller, please contact us first to try and find a solution by writing to our customer service at the following address: info@guitarsexchange.com. If we are unable to find a solution for the dispute, as per the previous paragraph, al users agree to submit the matter to the Court of Competent Jurisdiction for Mendrisio - Switzerland.
13. GENERAL PROVISIONS
Should any of these Terms of Use prove to be invalid, void or unenforceable for any reason whatsoever, such term shall be ineffective, however the remaining terms shall remain fully effective. Failure to carry out and/or complete any action against any breach by the user shall in no way be construed to be a waiver of Guitars Exchange Sagl’s right to act against any other subsequent or similar breaches. We shall be entitled to change these Terms of Use at any time by communicating such changes to registered users by e-mail or by publishing the amended terms on www.guitarsexchange.com or by simply modifying the Terms of Use hereof. All terms and conditions of the revised Terms of Use shall be effective after 30 days from publication. The following sections and/or entries shall be effective even after the termination of these Terms of Use: price (regarding our services’ special charges), content, liability, indemnity, settlement of disputes and exemption from liabilities included in these Terms of Use. Any legal information shall be notified by registered letter to: Guitars Exchange Sagl, via Vignoo 3, CH-6850 Mendrisio, Switzerland. Guitars Exchange Sagl shall be entitled to send e-mail notifications to the e-mail address supplied by the user at the time of registration. E-mail notifications shall be considered to be sent after 24 hours of sending the relevant e-mail, unless the sender is notified that the e-mail address is invalid. Alternatively, it will be possible to send a legal notice by postal service at the street address supplied at the time of registration.
Version effective as at 12.15.2014