1.1. biddr.ch is a product of the skayo corporation (hereinafter called biddr.ch only). By using the website of biddr.ch any user accepts the following terms and conditions.
1.2. Users confirm the terms and conditions with any visit of the website of biddr.ch. biddr.ch may change the terms and conditions anytime and will publish the current version on the website of biddr.ch. Significant changes will be announced seven days prior to their introduction. biddr.ch points out the possibility of refusal of said changes. Users who do not refuse the updated terms and conditions agree to be bound to them.
2.1. Bidders: People who participate or intend to participate in auctions or Fixed Price Sales through biddr.ch will be called bidders hereinafter.
2.2. Auction Houses: Auction Houses, dealers or other contractual partners of biddr.ch which publish or conduct auctions through the website of biddr.ch and allow Bidders to participate in web- or room auctions or to send in pre-bids are called Auction Houses hereinafter.
2.3. Users: Bidders, Auction Houses and all other visitors of biddr.ch's website are called Users hereinafter.
3.1. biddr.ch is a platform (website) through which Bidders and Auctions Houses can conclude agreements. biddr.ch is not part of said agreements and the contractual performance lies in the responsibility of the Bidders and Auction Houses only.
3.2. biddr.ch is not obliged to monitor the behavior of its User. biddr.ch is entitled, but not obliged, to review and, where necessary, delete the offerings, texts and pictures published by its Users.
4.1. Any action that affects the website or part of it in any form is prohibited. This includes in particular:
4.2. All software on the website of biddr.ch is the property of biddr.ch and is protected by copyright laws. Any use of the site without explicit permission, including the reproduction, modification, distribution, transmission or display of the content, is strictly prohibited.
4.3. Registration and use of biddr.ch by Users is free of charge.
4.4. Any autonomous natural person or corporate entity may register at biddr.ch. Minors (persons under the age of 18 years) are excluded from registration.
4.5. All data provided in the registration process has to be correct and complete at any time. Users are obliged to keep their account up to date.
4.6. Access data may not be handed over to third parties in any way. Bidders have to use a personal account. Any bidding by third parties is strictly prohibited.
4.7. Users have no entitlement to registration, use or receipt of services of and by biddr.ch. biddr.ch reserves the right to restrict or cancel the use of the website by certain users without giving reasons. Expelled Users may not register again except with explicit consent of biddr.ch.
4.8. Any user is responsible for keeping his/her password and other account information confidential and is responsible for all uses of his/her account, whether or not authorized. biddr.ch refuses any liability for fraudulent use of personal accounts.
5.1. Auction Houses may accept or refuse the participation of Bidders at any time and without giving reasons.
5.2. Bidders accept the terms and conditions of both biddr.ch and the Auction House. By participating in an auction Bidders agree to be bound to the terms and condition of the Auction House. In case of contradictions the terms of sale of biddr.ch precede those of the Auction House. The terms and conditions of the Auction House are hyperlinked in the application process of the sale.
5.3. Bids may only be submitted in the specific input mask(s).
5.4. By buying an item in a fixed price list or submitting a bid to an auction any Bidder agrees to buy the item(s) at the individual conditions (payment terms, transport mode, shipping costs, price, commission fees, VAT, customs etc.) should he or she be the highest bidder when the auction ends. Bidders are bound to their bids until they are outbid.
5.5. In case of coincident bids it is up to the Auction House to decide which bid to give precedence. This especially applies to coincident room- and online bids.
5.6. Both contracting parties (Bidder and Auction House) are obliged to fulfil the sale contract. The contractual performance is down to Bidder and Auction House. This especially applies to the maturity of individual contract elements.
6.1. biddr.ch may provide access to offers and contents of biddr.ch's website and to bidding and contract conclusion through mobile terminals. biddr.ch reserves the right to exclude certain contents and services from mobile terminals.
6.2. biddr.ch reserves the right to process and edit offerings and contents of Users to adapt them to mobile terminals.
6.3. Bids and contract formations through mobile terminals are subject to the same terms and conditions as bids and contract formations through the website.
7.1. All personal data will be kept confidential. In particular and with the exception of 7.2, no data will be handed over to third parties.
7.2. By registering to an auction participation, Bidders authorize biddr.ch to hand over individual-related data to the specific Auction House. This includes possible references by other Auction Houses which may include:
The Auction House is obliged to treat all data strictly confidential and may not hand it over to third parties. The Auction House may, however, use the data provided by biddr.ch for administrative purposes and for processing the transaction(s). This allows the Auction House to contact the Bidder and to deliver the good(s).
7.3. In case of a legal requirements, regulatory actions or judicial inquiries biddr.ch may hand over data to the relevant public authorities.
7.4. biddr.ch may use usage data for statistical surveys. This allows biddr.ch to optimize the website regularly.
7.6. By registering at the website of biddr.ch Bidders agree that biddr.ch and Auction Houses at whose auctions Bidders participate may use their individual-related data for marketing-purposes like Newsletters. Bidders may accept or refuse receiving newsletters from biddr.ch or Auction Houses in the registration process or at any time in their personal account settings.
8.1. biddr.ch reserves the right to demise individual or all rights and duties of these terms and conditions to third parties or to have them wielded by third parties.
8.2. Users may not wield their rights and duties to third parties.
9.1. biddr.ch seeks to provide quality services and to maintain a functioning website.
9.2. biddr.ch is no contracting party of contracts between Bidders and Auction Houses agreed upon through the website of biddr.ch. biddr.ch and its employees or representatives are not liable for any risks or damages resulting from said contracts.
9.3. biddr.ch refuses any liability for misbehaviours by Bidders or Auction Houses concerning contracts agreed upon through the website of biddr.ch. biddr.ch provides no guarantee for the feasance of purchase agreements and is not liable for defects as to quality or defects of title of the traded goods.
9.4. biddr.ch is only liable for direct damage caused by intentional or grossly negligent act. biddr.ch is not liable for problems caused by minor culpability unless there is any mandatory liability. Any liability for indirect or consequential damage is excluded.
9.5. biddr.ch is not liable for any malfunctions of the website. In particular, no liability is accepted for technical problems that delay or ignore bids or for the correctness of the system clock.
9.6. The biddr.ch website may be temporarily out of use due to maintenance work without leading to any additional liability.
9.7. The liability for financial losses and consequential damages is excluded unless there is any mandatory liability.
9.8. In particular, biddr.ch is not liable for damage caused to users, consignors or third parties by other users, consignors or third parties by misuse of the biddr.ch website.
9.9. biddr.ch does not guarantee the actuality, correctness, legality, completeness or quality of the websites linked to from the biddr.ch website and excludes any liability for them.
9.10. biddr.ch does not guarantee the actuality, correctness, legality, completeness or quality of contents published by Users on biddr.ch and excludes any liability for them.
9.11. Bidders accept that there may be latency in transmitting information. Auction Houses may receive bids with a certain delay and bids by other Bidders may appear on the screen with certain latency. Audio and Video Stream in particular may exhibit lagging. biddr.ch refuses any liability for bids that arrive too late at the Auction Houses.
The contract is subject in all facets to Swiss law only. Place of fulfillment is at the place of business of skayo AG in 6037 Root, and exclusive court of jurisdiction is Lucerne.
If any parts of these Terms and Conditions should be no longer or not fully in conformity with the valid legal situation, this shall not affect the content and validity of the remaining parts. The parties hereto commit themselves to modify the invalidated part of the contract by a clause that economically is closest to the original intention. The above-mentioned conditions are written in German and English; in case of unclear formulations, the only valid text is the German one.