Terms and conditions
Section 1 – General provisions
- The following General Terms and Conditions of Contract (hereinafter GTC) regulate the principles of business relationships established with the users of the online platform operated by TEAM Consulting Europe GmbH for the sales of accident damaged vehicles. The salvage exchange is hereinafter referred to in summary and in brief as the “platforms”.
- Other General Terms and Conditions of Contract, deviating from, contrary or supplementary to the provisions of these GTC shall not form a part of the contract, unless TEAM Consulting Europe GmbH expressly agrees in writing to the validity thereof. Reference by the contracting parties to their own terms and conditions is excluded.
- By logging on to the platform, the participants, as well as other potential contracting partners acknowledge and agree to these terms and conditions.
Section 2 – The legal status of TEAM Consulting Europe GmbH with respect to the advertised goods
- The contracting partners acknowledge that the advertised vehicles, accessories, and other goods advertised on the platforms are not owned by TEAM Consulting Europe GmbH.
- TEAM Consulting Europe GmbH does not become a contracting partner in the sales contracts concluded for the vehicles, accessories or other goods advertised on the platforms in any of the procedures detailed in these GTC. Until expressly stated by TEAM Consulting Europe GmbH to the vendor or purchaser, TEAM Consulting Europe GmbH makes no statement on a sale or purchase, or repair in its own name.
- TEAM Consulting Europe GmbH is never the owner of the vehicles or items to be auctioned or repaired, TEAM Consulting accepts no liability for the condition and quality of the vehicles or items. TEAM Consulting does not subject the vehicles or items to any technical and/or visual inspection. The description of condition is based entirely on data provided by the owners, or experts.
Section 3 – Access to the platform, withdrawal and termination
- The platforms may be used exclusively by business partners authorized by TEAM Consulting Europe GmbH in writing.
Only car dealers, garages, car dealerships certified by TEAM-Consulting Europe, or companies engaged in the automotive industry can participate in the platform as bidders.
- Access is authorized by TEAM Consulting Europe GmbH upon application. TEAM Consulting is entitled to review the data at any time, and to refuse an application or withdraw an already granted authorization without stating reasons.
- It may be withdrawn primarily for the following reasons:
- Giving false data during registration, or Publishing false data later in the advertisements due to wilful or gross negligence,
- delay of more than one month in the payment of the participation fees,
- repeated delay in the processing of vehicles or items sold through the platforms,
- non-existence or cessation of the conditions for authorization,
- misuse of the user ID and/or password,
- violation of the applicable laws or the rights of a third party, where this affects the interests of TEAM Consulting, with special regard to the integrity and reliability of the commercial transactions effected on the platforms,
- initiation of bankruptcy or liquidation proceedings, or suspension of business due to insolvency,
- use of the platform beyond the scope of its intended purpose,
- creation and operation of a platform directly or indirectly competing with TEAM Consulting.
TEAM Consulting Europe GmbH reserves the right to claim damages in the event of any breach of these Terms and Conditions of Contract.
The statement of acceptance of these General Terms and Conditions of Contract (GTC) and the user agreement concluded thereby with TEAM Consulting GmbH may be cancelled within two months from the date of making it in writing. It shall be sent by letter to the address: TEAM Consulting Europe GmbH, Mittlere Bahnhofstrasse 2, CH 8853 Lachen, or by e-mail to the e-mail address: email@example.com.
Section 4 – The user rights of participants
- With the authorization of participation in the platform, the participant is granted access to the relevant website, to the allowed user space. Thereby the participant is granted a non-transferable limited user right for the duration of the mutual business relationship and for the purpose of the proper use of the services of TEAM Consulting Europe GmbH.
- It is prohibited to pass on the participant ID and the access details given by TEAM Consulting Europe to any third party without the written permission of TEAM Consulting, and it will result in the immediate exclusion of the user. TEAM Consulting also reserves the right to claim damages in such cases. All users are themselves responsible for maintaining the confidentiality of their access details. Consequently, in the event of the loss or theft of these details they have unlimited liability towards TEAM Consulting Europe GmbH.
Section 5 - Prices
The use of the platform is subject to the payment of the user fees set out in a separate price list.
Section 6 - Payment
- Unless agreed otherwise, the invoices issued by TEAM Consulting Europe shall be paid net within eight (8) days from the date of the invoice. In the event of a delay in payment the provisions of the applicable laws / Civil Code / shall apply.
- An objection to any invoice of TEAM Consulting shall be submitted in writing to TEAM Consulting Europe GmbH.
- Participants may only offset a counter-claim against TEAM Consulting GmbH if it is undisputed or has been finally determined by a court.
Section 7 – Platform procedure
General rules of procedure
- Based on the contractual agreement concluded with TEAM Consulting, the advertiser makes available on the platform the vehicles, vehicle parts, accessories or other items to be advertised, and – as far as possible on the basis of the following provisions – determines the sales procedure.
- The advertiser or vendor shall ensure that the complete and correct, real data on the advertised vehicles or other goods will be transmitted to TEAM Consulting in a timely manner. The data shall cover all traffic engineering-related features, as well as any existing defects (technical and visual). TEAM Consulting Europe GmbH accepts no liability for the data given by the advertiser or vendor.
- Should a third party make any claim against TEAM Consulting Europe GmbH in connection with the incorrect / incomplete and non-realistic / description of a vehicle or the breach of any other obligation, or in connection with a bid or the sale of a vehicle, in such cases the advertiser, bidder or vendor shall fully indemnify TEAM Consulting Europe GmbH against all such claims or the legal consequences thereof.
- If the highest bidder claims that his bid is invalid – the burden of proof lies with him – the advertiser is entitled, but not obliged, to accept this statement as a statement of withdrawal, and to offer the vehicle or item to the next highest bidder. In the event of a dispute concerning the receipt of the next highest bid, the already accepted highest bid shall remain valid.
Section 8 – Possible procedures at TEAM Consulting Europe GmbH
The bidding system
- In the bidding system, at the request of the advertiser TEAM Consulting Europe GmbH sets a bid deadline for the vehicle to be advertised. Bidders view the vehicles and if they are interested in purchasing one, submit a bid. By submitting a bid the bidder makes a binding offer to purchase the vehicle.
- After the bidding the advertiser views the bids received for the vehicle advertised by him. The advertiser simply takes note of them. A sale is concluded only with the express acceptance of a bid, following its review, if the advertiser or owner of the vehicle accepts and agrees with it.
- The advertiser or owner of the vehicle is not under any obligation to accept the purchase offer at the bid price.
Section 9 – Special rules for the platform
In the bidding system, a bid submitted for a vehicle shall be binding for 3 weeks in the case of foreign vehicles, and 2 months in the case of domestic vehicles. An exception is the sale of used vehicles, where bids shall be binding for 2 weeks in all cases. This shall be binding on all partners participating in the platform, submitting bids.
Seller must make sure that all vehicles, accessories and other goods which are for sale on the platform are free of third party rights.
Section 10 – Collection of the vehicle
If the bidder receives the certificate or order for the sale of the vehicle, he is obliged to agree on a date with the owner of the vehicle immediately, and to collect the vehicle within a week.
Section 11 – Closing provisions
The platform procedure and data management is performed in accordance with the data protection regulations. The participants acknowledge and agree that within the scope of proper use and general data management the data given and bids submitted by them may be disseminated, used, transmitted and stored commercially and for business purposes. The participants and TEAM Consulting Europe GmbH shall treat the data as confidential.
Section 12 - Liability
- TEAM Consulting Europe GmbH assumes no liability for the correctness and completeness of the data given by the participants, or the sale of the advertised vehicles. Neither will TEAM Consulting Europe GmbH assume liability for the loss of quality for pictures sent by fax by the advertisers.
- The contractual and statutory liability of TEAM Consulting Europe GmbH for compensation is limited to damage caused by wilful and gross negligence. If the breach of a material contractual obligation is due to negligence, the liability of TEAM Consulting Europe GmbH shall be limited to the typically foreseeable damage.
Section 13 – Place of performance and jurisdiction
- These terms and conditions of contract between TEAM Consulting Europe GmbH and the participants, and the related legal relationships shall be governed by the laws in force in Switzerland.
- The place of performance for the services provided by TEAM Consulting shall be current seat of the company. The exclusive place of jurisdiction for any present and future claim arising from business relationships with registered mechanics, including bills of exchange or cheques receivable, shall be Lachen.
The same place of jurisdiction shall apply if the client does not have a domestic seat, residence or place of stay, his residence or habitual place of stay is moved abroad after the conclusion of the contract, or his residence or habitual place of stay is unknown at the time of bringing an action.
Section 14 – Closing provisions, severability clause
In the event that any individual provision in these terms and conditions of contract is deemed invalid or unenforceable, or insufficiently regulated, this shall not affect the validity of the other provisions of the contract. Instead of the invalid or unenforceable provision, a valid or enforceable provision coming closest to the meaning and purpose of the invalid or unenforceable provision shall be deemed to form part of the agreement. If the meaning of a provision is not clear, the interpretation favouring the party concluding the contract with the party specifying the condition shall be adopted.
Issues not regulated by these GTC shall be governed by the provisions of the Civil Code and the applicable laws in force.