AVV - Algemene Verkoopvoorwaarden

1. Scope and area of application

   • 1.1
     operates the online boat marketplace boat24.com (hereinafter “boat24”). The subject matter of these General Terms and Conditions of Business (hereinafter “GTC”) is all the products and services from boat24. By ordering or using a product or service, the customer (hereinafter the “customer”) unconditionally accepts all the provisions contained in these GTC.

2. Prices and payment terms

   • 2.1boat24 publishes the current prices online on boat24.com. boat24 reserves the right to change its prices at any time. The prices payable are based on the valid price list at the time of the order confirmation.
   • 2.2 For newly concluded contracts, the published prices are valid immediately. For contract extensions, the prices published at the time of renewal are valid.
   • 2.3 Invoices are payable within 10 days of being issued. If the customer fails to make payment within this period, boat24 may terminate the agreement without giving notice or issuing a payment reminder, and without paying compensation. In the case of late payment during the contract period, boat24 is also entitled to block the customer’s access to the applications. This block will be removed after full payment has been made of all open invoices. In such instances, the customer has no right to an extension of the agreed contract period for the duration of the block.
   • 2.4In the case of a default in payment, boat24 is entitled to suspend the use of its services and/or to terminate the contract without notice and without paying compensation.
   • 2.5The prices include the provision of the ordered services pursuant to the descriptions at boat24.com. Additional services will be billed separately, in accordance with the details agreed with the customer.
   • 2.6Betalingsmogelijkheden: Visa, MasterCard, American Express of PayPal
   • 2.7If the customer fails to pay the invoice on time, they will be charged default interest. Furthermore, the customer is obligated to reimburse boat24 for all reminder and collection costs, and all litigation costs incurred by boat24 as a result of asserting its claims.

3. Contract start and contract period

   • 3.1The contract comes into effect immediately on receipt of the customer’s online advertisement publication.
   • 3.2The electronic transmission of the online order implies that the customer has accepted all the contractual terms.
   • 3.3For advertisement publications, the contract is agreed for a duration of 30, 60 or 90 days. After the contract period expires, the advertisement will be deactivated automatically. The customer may reactivate the inactive advertisement at any time by extending the contract period.

4. Right of refusal

   • 4.1boat24 reserves the right to refuse an advertisement from a customer without being required to give a reason. boat24 may make minor changes without the prior consent of the customer, especially if these changes do not relate to the content of the advertisement.
   • 4.2Advertisements that violate the insertion terms stipulated by boat24. Insertion terms
   • 4.3Advertisements that harm the legitimate interests of third parties (patent rights, copyrights, brand rights, etc.), or which violate legal or official provisions, may be deleted immediately without prior notification. In such instances, the customer is not entitled to a refund.
   • 4.4boat24 is entitled to rescind, with immediate effect, the contract or parts of the service not yet performed if important grounds exist. In particular, these will be deemed to exist if it is not possible to process the credit card payment for the advertisement, or the invoice is not paid; the customer performs activities that are illegal or offensive, or which harm the boat24 platform; or if the details provided by the customer are incorrect.

5. Rights to the advertisement

   • 5.1boat24 will acquire the sole exploitation rights to all the advertisements that it publishes.

6. Place of publication

   • 6.1The advertisement will be published on boat24’s websites and on those of its partners.
   • 6.2boat24 is also entitled, but not obliged, to distribute the advertisement in other ways, especially by email, fax or telephone. In addition, boat24 is entitled, but not obliged, to publish the advertisement in any print medium of its choice (or allow it to be published by third parties). This relates to additional and voluntary services by boat24 for which the customer does not incur any additional costs, unless these additional media services have been offered on the platform for an additional charge and have been explicitly ordered by the customer.
   • 6.3The customer declares that they want their advertisement to be published exclusively by boat24 and its partners. boat24 cannot guarantee that other online providers will not copy or link the advertisements published on its platform and/or publish them elsewhere by using frames to mask them as their own offers. However, in the event of unauthorised linking or framing, the customer is not entitled to assert any claims whatsoever against boat24 as a result thereof.

7. Changes to the advertisement text

   • 7.1From the time that the advertisement is activated by the customer, the advertisement text may be amended only in accordance with the provisions below.
   • 7.2Changes that affect the identity of the advertised object, and would therefore constitute an advertisement for a different object, are not permitted. Advertisement details, however, may be changed at any time.

8. Obligations and responsibilities of the customer

   • 8.1When inserting an advertisement on the online marketplace, the customer acknowledges the insertion terms of boat24.
   • 8.2The customer assumes full responsibility for the information that they make available to the public on the internet. The following points in particular are not permitted:
     1. Advertisements that contain any content of an erotic, pornographic, unethical or extreme political nature, or which violate Swiss or international law in any way.
     2. Links to content under point 8.2.a
     3. Information that infringes the copyrights of third parties.
   • 8.3The customer undertakes not to share their personal user identification with third parties or to make it available to third parties.
   • 8.4The customer is responsible for activating their advertisement.
   • 8.5The customer is generally responsible for creating back-up copies of their data. boat24 performs an additional, regular back-up of data held on its server. The back-up represents a copy at a certain point in time.
   • 8.6If the customer violates one or more provisions of this agreement or of the insertion terms, boat24 is entitled to suspend the use of the services and/or to terminate the contract without notice and without compensation. boat24 reserves the right to assert any other claims for compensation.

9. Right of withdrawal/premature deactivation of the advertisement

   • 9.1The customer is generally entitled to deactivate the advertisement at any time after creating it. This will apply, in particular, in the event of a successful sale, where the customer wishes to avoid any further enquiries from interested parties.
   • 9.2The customer can deactivate the advertisement by entering their registration details.
   • 9.3This premature deactivation in no way represents a withdrawal from the contract, as boat24 will have already performed its agreed service as soon as a created advertisement is deemed to have been processed and released for publication on the servers of boat24. This will not give rise to a refund, or pro rata refund for any period of publication.

10. Liability and warranty

    • 10.1The customer is generally entitled to deactivate the advertisement at any time after creating it. This will apply, in particular, in the event of a successful sale, where the customer wishes to avoid any further enquiries from interested parties.
    • 10.2boat24 assumes no liability for direct or indirect damage caused by technical problems, server failure, loss of data, transmission errors, data uncertainty or other reasons. Under no circumstances may boat24 be held liable for lost profit or consequential damage/loss.
    • 10.3boat24 may not be held liable for security deficiencies and service interruptions of the internal network, the internet or the telecommunications networks of Swisscom AG or other network operators. boat24 will not bear any costs for services performed by third parties.
    • 10.4boat24 provides no warranty that the services offered will function without errors or interruptions. boat24 is unable to guarantee the quality of the data, the uninterrupted functioning of the service or the functioning of the service at a certain point in time.
    • 10.5boat24 assumes no liability for misuse of the internet by third parties, or for any damage incurred by the customer as a result thereof.
    • 10.6boat24 provides no warranties or guarantees whatsoever for the products and services offered, or for any contracts that may be agreed on the basis thereof (e.g. sales contracts).

11. Final provisions

    • 11.1These GTC are subject exclusively to Swiss law. The place of jurisdiction is Zürich.
    • 11.2Should individual provisions of these GTC be invalid, the contract will remain effective. The validity of the remaining provisions will not be affected thereby. The invalid provision will be replaced by a valid provision that comes closest to fulfilling the purpose of the invalid one.