Terms & Conditions

motorradhandel.ch - General Terms & Conditions and Privacy Policy

General Terms & Conditions

1. Scope and validity of these General Terms and Conditions and Privacy Policy

a-Commerce AG operates a platform for the advertising of motorcycles, mopeds, trailers, snowmobiles, quads, trikes and e-bikes for sale and rental by Swiss motorcycle dealers (hereinafter "commercial providers") and private providers (together hereinafter "providers"). Interested parties (hereinafter referred to as "interested parties") can contact vehicle suppliers via various channels.

The subject matter of these GTC is the use of services provided by motorradhandel.ch to users via the following channels: the websites www.motorradhandel.ch, www.commerce-moto.ch, www.commercio-moto.ch, www.mototrader.ch and the mobile applications of motorradhandel.ch (hereinafter generally referred to as the "online platform"). The consent to these GTC is given by using the corresponding services. If the user makes use of individual services of motorraradhandel.ch, he may be asked to repeat his agreement to the General Terms and Conditions by clicking on an appropriate confirmation field.

As soon as a provider has signed an agreement or confirmed the purchase of services via the Internet, the corresponding agreement comes into force, including these General Terms and Conditions.

Unless expressly agreed otherwise, the currently valid price list of the online platform for the corresponding product shall apply for the calculation of prices. The online platform reserves the right to adapt prices to market and/or price developments. Unless expressly agreed otherwise, these price adjustments shall also apply to current contracts.

The online platform enables direct contact between providers and interested parties. Furthermore, these GTC apply to all visitors, as well as programmatic entities such as bots and spiders (hereinafter referred to as "users").

Furthermore, the user expressly agrees that in the event of non-compliance with the contractual conditions, the online platform may legally prohibit the user from using its services and claim damages and that the online platform expressly reserves the right to criminal prosecution in the event of unlawful use.

The use of personal data is regulated in the data protection declaration. The data protection declaration is an integral and binding component of these GTC.

2. Scope of use of the vehicle database - Prohibition of re-use

The online platform enables users to access information about used, new and rented vehicles from providers free of charge.

By using the online platform, users expressly accept the present terms of use. The online platform grants the user the right to use the information made available on the online platform exclusively for his own, non-commercial purposes under the express condition of unconditional compliance with these provisions.

By exercising these rights of use, the user acquires no rights whatsoever to content or information offered or made accessible on the online platform. The user acknowledges that there is no claim to availability of the online platform or individual parts thereof.

Furthermore, the user expressly undertakes not to use the information made available on the online platform in any way or form outside the online platform. In particular, the user shall refrain from copying, using robots or spiders to read, publish or otherwise reproduce the data accessible on the online platform in any form, namely on the Internet. This cannot be done on behalf of third parties or customers of the online platform.

3. Services for interested parties

In addition to the vehicle search for used, new and rented vehicles, the motorcycle catalogue is also available to interested parties.
In addition, interested parties can contact registered suppliers in Switzerland and find the right specialist for motorcycle-related services.
The private use of the online platform is free.
All websites, offers, data, services, information, logos, brand logos,images, design, texts and programs accessible via the online platform are protected by intellectual property rights for the online platform or its cooperation partners. They are, as far as no other property rights or reservations exist, property of the online platform or its cooperation partners.
Any infringement of industrial property rights will be prosecuted.

The private market of the online platform is exclusively for non-commercial providers. Commercial providers are not allowed to enter/sell offers in the private market.

The duration of an offer in the private market is sixty days. After this time has elapsed, the advertisement is automatically deactivated and no longer displayed on the online platform. There is no automatic runtime extension. If desired, the provider can apply for an extension of the term. An extension of 60 days costs CHF 17.50. The advertisement will be reactivated after receipt of the renewal costs due.

4. Registration

In order to present a vehicle on the online platform, the provider must identify himself on the online platform with his user name or e-mail address and password (hereinafter "access data"; the corresponding user account the "online account"). Under certain conditions, commercial providers have access to programmatic interfaces for the submission of offer data. All legal obligations of the online platform and commercial providers (merchants) are regulated by a separate contract.

The access data provided to the provider are intended for personal use by the provider and are to be treated confidentially. All offers created via the online account are attributed to the provider as online account holder.

5. No guarantee for the correctness of the content of the information passed on

The online platform makes every effort to ensure that all data provided is correct and up-to-date. However, Online Palttform assumes no guarantee or liability for the correctness of the content of the vehicle data transmitted by the providers with regard to topicality, correctness or completeness as well as for any typing and transmission errors.
Liability of the online platform in connection with the incorrectness of the information is expressly excluded. The same disclaimer also applies to all hyperlinkable websites referred to from the online platform.

6. Confirmation of contact

The interested party has the possibility to receive a copy of the contact by e-mail when contacting a provider. The online platform is not responsible for checking the accuracy of names, e-mail addresses, telephone numbers and addresses (hereinafter "contact information") of providers and interested parties. In the event of intentional or unintentional misinformation, the online platform shall not be liable for any damage incurred.

7. Vouchers

Private providers can obtain vouchers from commercial providers for free advertising of an offer. These vouchers are valid for 3 months after issue through the online platform. There is no legal claim after expiry of the defined period of validity.

8. Warranty

The online platform provides its services carefully and professionally within the framework of its operational resources and foreseeable requirements, provided that the online platform is not prevented from doing so by circumstances for which it is not responsible.

Providers and users are aware that the online platform provides its services via the Internet or by using communication networks. Temporary impairments or interruptions to the provision of services on the online platform may occur, in particular due to technical malfunctions, operational disruptions, disruptions or interruptions to communication networks and a breakdown of IT infrastructures or other parts of the infrastructure used for the provision of services. The online platform therefore gives no guarantee for the uninterrupted availability and accuracy of its services.

9. Liability of the online platform

The online platform is not liable to the provider or the user for any damage suffered by the user through the use of the online platform or the websites that can be accessed via hyperlink; in this respect, the interested party acts at its own risk.
The online platform assumes no responsibility or liability for the availability of the service due to failures of the server(s) or the Internet or parts thereof.
The online platform is not liable for damages resulting from the misuse of the transmitted data as well as for damages arising because information appears only shortened or falsified.

10. Applicable law, place of jurisdiction and final provisions

The use of the services, information and content offered on the online platform is subject exclusively to Swiss law. The exclusive place of performance and jurisdiction is the registered office of a-Commerce AG in Zurich.

The online platform reserves the right to change these GTC at any time. Changes are made accessible on the channels of the online platform and take effect when they are activated.

Should one or more provisions of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC contain a loophole.

Privacy Policy

1. Data Protection

The operators of this online platform take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
The use of our online platform is generally possible without providing personal data. As far as on our sides personal data (for example name, address or e-mail addresses) are raised, this takes place, as far as possible, always on voluntary basis. This data will not be passed on to third parties without your express consent. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

2. Cookies

Some of the Internet pages of this online platform use so-called cookies. Cookies do not cause any damage to your computer and do not contain any viruses. Cookies serve to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit our website. You can set your browser so that you are informed about the setting of cookies and Cookies only allow in individual cases, exclude the acceptance of cookies for certain cases or generally and activate the automatic deletion of cookies when closing the browser. When cookies are deactivated, the functionality of this website may be limited.

4. Contact form

If you send enquiries to a provider (see General Terms and Conditions) using the contact form, your details from the enquiry form, including the contact data you have provided there, will be stored for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

4. Newsletter data

If you would like to subscribe to the newsletter offered on the online platform, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. We use these data exclusively for the dispatch of the requested information and do not pass them on to third parties.
You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "Unsubscribe" link in the newsletter.

5. Google Analytics

The online platform uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files which are stored on your computer and which enable an analysis of your use of the online platform. The information generated by the cookie about your use of this online platform is usually transferred to a Google server in the USA and stored there.

IP anonymization
We have activated the IP anonymisation function on this online platform. This will cause your IP address to be cut by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this online platform, Google will use this information to evaluate your use of the online platform, to compile reports on the activities and to provide the operator of the online platform with further services associated with the use of the online platform and the Internet. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this online platform. You may also request the collection of data generated by the cookie and relating to your use of the online platform (incl. IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

Objection to data collection
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set which prevents the collection of your data on future visits to this website: Disable Google Analytics

More information on how Google Analytics handles user data can be found in the Privacy Policy of Google: https://support.google.com/analytics/answer/6004245?hl=en

6. YouTube

Our online platform uses plugins from Google's YouTube site. This website is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. If you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established.

The Youtube server will be informed which of our pages you have visited.
If you are logged into your YouTube account, you allow YouTube to associate your surfing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. For more information on the handling of user data, please refer to ^YouTube's privacy policy at:
https://policies.google.com/privacy?hl=en&gl=en

7. motoChat

We offer users the possibility to contact providers via motoChat. We use the Connect Customer software from CStudio. The data collected about the user, data collected by the user and chat histories are stored on CStudio servers in Switzerland. The transmitted personal data belongs to the online platform and may neither be used by CStudio itself nor passed on to third parties. Click on the links below to view CStudio's complete Terms and Conditions and Privacy Policy. Users of motoChat agree to the terms and conditions of the online platform and CStudio, the transfer to CStudio and storage in Switzerland.

8. SSL-encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as a site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

9. Right to information deletion and blocking

You have the right to free information about your stored personal data, their origin and recipients and the purpose of data processing as well as a right to correction, blocking or deletion of these data at any time. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of personal data.

10. Denial of advertising mails

We herewith object to the use of contact data published within the scope of the imprint obligation to send unsolicited advertising and information material. The operators of the online platform expressly reserve the right to take legal action in the event of unsolicited delivery of advertising information, for example through spam e-mails.

T&C and Privacy Policy Version 05.2018

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