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MustBuy.ch Terms and Conditions

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Intense Luminosity GmbH (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://mustbuy.ch – https://mustbuy.uk – https://mustbuy.at – https://mustbuy.fr website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Switzerland and have our registered office at Heiletenweg 4, Sissach, Baselland 4450. Our VAT number is CHE-218.641.837. The Site provides an online marketplace for the following goods, products, and/or services: audio; tv & video products; antiques & arts; books & comics; office & business products; stamps; computer & network products; vehicles; vehicle accessories; movies & series; photo & optics products; games & game consoles; cellphone & landline & radio products; crafts & garden products; household & living products; child & baby products; clothing & accessories; cosmetics & care products; model making & hobby products; music & musical instruments; coins; collecting & rare products; toys & handicrafts; sports products; tickets & vouchers; pet accessories; watches & jewelry; wine & spirits; other categories (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use, including the User Agreement posted on the Site, which are incorporated into these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

We accept the following forms of payment:

–  Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in CHF, EUR, GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Please review our Return Policy posted on the Site prior to making any purchases.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

    • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    • Use any information obtained from the Site in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Site in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Site.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
    • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
    • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Site.
    • Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
    • Sell or otherwise transfer your profile.
    • To offer counterfeits (also called “fake”, “replica” or “counterfeit” and similar items) on MUSTBUY. This means goods that falsely give the impression of being original, i.e. made by the proprietor of the specified trademark or the proprietor of the counterfeit design. Whether the goods are declared counterfeit or otherwise recognizable is irrelevant.
    • To advertise goods by naming brand names, although the goods offered were neither manufactured by the brand mentioned nor have a close functional connection with the brand (e.g. the statement “case for camera model xxx of brand yyy” is permissible). In particular, an application based on a brand is prohibited, e.g. “similar to the famous [Brand XXX] watch” or a comparative application, e.g. “better than soccer shoes from [Brand XXX]”)
    • To advertise an offer with the help of texts, photographs or other images without being the author of this content or having received permission to use it from the author.
    • To offer goods protected by patents in Switzerland, UK, and EU countries which were imported into Switzerland without the consent of the patent owner, unless the goods come from the European Economic Area (EEA) and were placed on the market there with the consent of the patent owner.
    • Offers, texts, and images, which a member on the marketplace in any kind and form (offer descriptions, ratings, entries in the context of the “questions and answers” function, text for end emails, messages to buyers, etc.) .) published or communicated in any other way via the marketplace, may not contain any form of advertising for products that this member is not currently offering or is offering in the immediate future via the marketplace.
    • The offers and content published on the marketplace (including images) must not contain any URL links or web addresses. This does not include offers in the form of classified ads or the exceptions listed in the general list of prohibited items.
    • The information about a seller or other information that can be viewed in an offer, which MUSTBUY may transmit in connection with offers, may only be used in connection with the corresponding offer; in particular, use for advertising purposes is prohibited. It is also not permitted to use this information to send newsletters or to pass it on to third parties.
    • Texts and images that a member publishes on the marketplace in any kind and form (offer, classified ad, evaluation, as part of the “questions and answers” function, etc.) may not be used for contract conclusions outside of the marketplace or directly or indirectly encourage them to do so.
    • The user is obliged to provide truthful information in the ratings he/she gives. The reviews must be factual and not contain any personal insults. It is not permitted to include advertising in a review (e.g. giving a www address, etc.). Any unfair influence on one’s own or third-party rating profiles or ratings as well as any misuse of the rating system is prohibited. It is also not allowed to give personal user information in a review. It is also not permitted to give misleading ratings or manipulate the rating system for your own benefit. MUSTBUY is entitled, but not obliged, to intervene in the autonomous evaluation system and to delete and/or correct evaluations at any time and without further inquiry.
    • It is forbidden to take actions that serve to circumvent MUSTBUY’s fee structure (e.g. offers with disproportionately high shipping costs).
    • Inadmissible Offers: MUSTBUY is authorized to prohibit the offering of certain products and product groups on the marketplace at any time at its own discretion and without giving reasons. A non-exhaustive, continuously updated overview can be found in the general prohibited list.
    • MUSTBUY is specifically authorized to warn a member if credible, there is clear evidence that the member has wilfully violated its contractual obligations to another member.
    • Registered trademarks may not be used by third parties without the consent of the owner. Third parties are therefore not allowed to affix the sign to goods, offer or market goods under the sign or use the sign on business papers, in advertising or in any other way in commercial transactions. An exception applies to original goods: goods that were originally placed on the market by the trademark owner himself may be resold if the trademark is named.
    • The Design Act protects designs of products or parts of products that are characterized by the arrangement of lines, surfaces, contours or colors or by the material used as a design. For example, fashion items such as handbags or sports equipment can be subject to this protection.
    • A patent can be granted on application for a new industrially applicable invention. The patented invention may not be used by third parties during the protection period of the patent (20 years, or longer) without the consent of the owner.
    • Piracy is the unauthorized copying of works and services that are protected by copyright or related property rights. A copy created in this way is also referred to as a pirated copy.
    •  

So-called OEM software (“original equipment manufacturer software”) is sometimes distributed by the manufacturer or its sales partner solely as a “bundle”, i.e. as a package that belongs together. The software that originally belonged to a bundle may be offered and sold separately on MUSTBUY, i.e. independently of the hardware originally purchased, because the copyright exploitation protection is exhausted with the first placing on the market or sale of the work copy. 

Art. 12 Para. 2 of the Swiss Copyright Act reads: “If an author has sold a computer program or has consented to the sale, this may be used or resold.” 

In rare cases, the resale of software purchased in a bundle by the Although the first purchaser violates his contractual obligations towards the first distributor. However, contractual ties between a company and the first-time buyer supplied by it only apply between the contracting parties and therefore have no influence on the admissibility of offers on MUSTBUY. 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Use License

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

We care about data privacy and security. Please review our Privacy Policy: https://mustbuy.ch/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Switzerland, United Kingdom and Germany. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, United Kingdom and Germany, then through your continued use of the Site, you are transferring your data to Switzerland, United Kingdom and Germany, and you agree to have your data transferred to and processed in Switzerland, United Kingdom and Germany.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

These conditions are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Intense Luminosity GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Sissach, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Switzerland, or in the EU country in which you reside.

The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Thanks to its strong brand, MUSTBUY offers a wide range, a continuously optimized platform, and comprehensive protection for buyers and sellers. Please see the link for stripe payment pricing: https://stripe.com/connect/pricing 

Overview of the applicable fees (valid for all sellers and categories): 

 

Setting & publishing offers: Free!

Success commission: 

  • 6% of the sales price  (only with successful sale) 
  • (min. CHF/EUR/GBP 0.10, max. CHF/EUR/GBP no limit.-)

Offer boosts:

At the moment we do not offer this service jet.

The success commission can be reimbursed on request if the buyer does not pay the purchase price, but you as the seller have fulfilled your obligations (multiple contacts, transmission of the necessary payment information). 

Submit your refund request to [email protected]



MUSTBUY makes its marketplace available to its registered members upon viewing as a platform for offering and purchasing goods, services, and rights (hereinafter: “Products”). For the sake of simplicity, these terms and conditions refer to the provider of a product as the “seller”, the purchaser of a product as the “buyer” and the acquisition as a “purchase” or “buy”.

In the marketplace, the members of the dealers and the members can conclude contracts autonomously and independently. Only the seller or trader and the buyer are obliged and entitled under such contracts. The fulfilment of the contract is the exclusive responsibility of the dealer or seller and buyer. 

MUSTBUY is not a party to contracts concluded between members or dealers and members on the marketplace. MUSTBUY, its representatives, employees, and auxiliaries are in no way responsible for the risks associated with the initiation and conclusion of transactions and are in no way liable for any resulting damage. 

 

MUSTBUY is not obliged to control the behaviour of its members or dealers in connection with the use of the marketplace. In particular, MUSTBUY is entitled, but not obliged, to check the legality or other permissibility of the offers, texts, and images published marketplace by its members or dealers in any way. This also applies in particular to the system used by members to evaluate members or dealers on their own initiative. 

MustBuy does only operate locally in each country of the registered domain:

 

We only allow our registered vendors, to sell products in the country of their residential address. We do not allow products to be exported outside their country of residence. This means; Swiss vendors are only allowed to sell inside Switzerland, UK vendors are only allowed to sell inside the UK, Austrian vendors are only allowed to sell inside Austria, and French vendors are only allowed to sell inside France.

 

We do not take any responsibility for sales made to export products outside the countries mentioned above.

If such a sale takes place it contradicts our GTC. It is therefore the vendors sole responsibility to take action through their own Stripe account to pay owed OSS VAT.

Click here to see, how a vendor can pay the owed VAT, and OSS VAT to the country of exported products:

https://stripe.com/en-ch/guides/introduction-to-eu-vat-and-vat-oss

 

The MustBuy Marketplace (Intense Luminosity GmbH), only collects a success commission fee of 6% to the vendors registered on the domains mentioned above. And are therefore exempt of OSS VAT regulations. Every vendor registered to the domains mentioned above is forced to accept this rule unconditionally.

 

For vendors registered in the Switzerland, you can get information here:

https://international.post.ch/en/blog/oss-ioss-ecommerce-trend

 

For vendors registered in the UK, you can get information here:

https://www.gov.uk/guidance/completing-a-one-stop-shop-vat-return

 

For vendors registered in EU countries, you can get information here:

https://vat-one-stop-shop.ec.europa.eu/index_en

 

Moreover the MustBuy Marketplace, only offers local postal services shipping calculations for Switzerland, UK, Austria and France. We do not include any export shipping couriers to export products abroad. This we do to hinder sales made by our registered vendors for export.

 

● local sales for vendors registered with us inside the country of residence, Swiss vendors / UK vendors / Austrian vendors / French Vendors

(Exporting to countries outside of the vendors country of residence are not allowed)

● the sale of any kind of goods which the trademark or design owner put on the market abroad and then imported into Switzerland / Austria / France and UK (so-called parallel import). An exception applies in part to patent-protected goods. 

● the photographic representation of a trademark affixed to the product sold provided it is an original. 

● the mention of the brand of the product being offered in the title and description of the offer. 

● the use of self-created photographs and self-created descriptions of the product offered. 

● the use of third-party illustrations or texts, provided that the provider has previously obtained demonstrable permission from the author. 

● the offering (and purchase) of so-called OEM software (“original equipment manufacturer software”), which was sold by the manufacturer or its sales partner solely as a “bundle”, i.e., as a package that belongs together. The software originally included in the bundle may be offered separately on MUSTBUY, i.e., independently of the hardware originally purchased. 

  • Member 

By registering, i.e. by providing the personal information requested and agreeing to these terms and conditions, the interested party becomes a “member” of the marketplace. MUSTBUY can provide additional information and/or verifications or waive them. Registration and membership are free. 

  • Offer 

Offer means the publication of an independently designed representation for the sale of a product on the marketplace. 

Types of Offers on the MUSTBUY Marketplace 

Offers can be designed in different ways. The following forms are currently available.

Offers for Fixed Price 

The listing of a product by specifying a so-called fixed price by the seller represents a fixed price offer for the immediate sale of the product to the person who agrees to pay this specified amount. MUSTBUY does not offer auctions at the moment. 

Membership 

  • Purpose 

Membership as a registered user is a prerequisite for offering and purchasing products on the marketplace, for the use of related website functions, and for the use of password-protected areas of the website (especially a personal account). In order to be able to use all functions of the marketplace as a member (in particular sell and buy without restriction), various verification levels are provided or can be requested (e.g. the entry of an activation code sent by post). The purchase of a product that is offered through a classified ad is also open to non-members. 

  • Description 

Registration and membership are free. Membership is personal and non-transferable. 

 

Minimum requirements for membership 

  • Capacity to Act 

Membership is only open to natural or legal persons with unlimited capacity to act. Minors (persons under the age of 18) are excluded from membership. 

  •  Personal Details 

The details to be entered when registering must be complete and correct at all times and must always contain the following: full first and last name, date of birth, address of the current main residence, telephone number (no value-added service number allowed such as 0900 numbers), valid e- E-mail address. When registering a company or a commercial member account, the name of the contact person and also the full company must be given (including VAT and commercial register number if available). In the event of changes, the member is obliged to update them immediately in their personal user account so that the information is always complete and correct. 

 

MUSTBUY can provide additional information and/or verifications for specific functions or waive them at any time. 

The user name to be chosen by the member may not be obscene, disparaging, or in any other way offensive. In addition, the user name must not contain any reference to an e-mail or Internet address, nor may it infringe the rights of third parties. 

  • Persons Domiciled Abroad 

Persons domiciled/domiciled abroad can generally only use the marketplace as buyers if they have a mailbox / shipping address on their own name registered locally to these countries:

 

 

 

In order to be able to post offers, the consent of MUSTBUY must be obtained in advance, whereby in principle only commercial providers or legal persons are permitted. The corresponding request including business license must be sent to: [email protected] 

 

  • There is no entitlement to registration, membership, use of the marketplace, or use of MUSTBUY ‘s services. In particular, MUSTBUY is free to refuse registration at any time, or to exclude a member in accordance with Section, to prohibit the use or to discontinue service. 

    MUSTBUY is entitled to temporarily block or permanently exclude a member if it appears likely that another member who has already been blocked or excluded (such as family members or housemates) is doing business via this account, or if there is a reasonable suspicion that the member has rights Third has injured. 

    Success commission and fees for boosts plus any reminder fees and expenses are still owed even in the event of exclusion. 

    Any reviews submitted and received, as well as “Questions & Answers” by a member will continue to appear on the marketplace even after membership has ended. Excluded members have no right to re-register as a member without the prior consent of MUSTBUY, be it under their own name or under someone else’s name. 

  • Published Content, Offers, Categories 

    MUSTBUY is authorized to delete individual offers, text, and image material on the website at any time without further inquiry and without giving reasons. This also applies in particular to offers that are posted in an incorrect marketplace category, and text or images that could infringe the rights of third parties. No claims against MUSTBUY can be derived from such 

    deletions. 

    MUSTBUY is also authorized to rename, split, merge, cancel or introduce new offer categories and to move current offers to another category or to delete them accordingly at any time without prior notice and justification. 

    Changes the Offer 

    To the duration of MUSTBUY is entitled, but not obliged, to extend or shorten the duration of offers insofar as this appears necessary for the proper implementation of the offer (see also technical malfunctions/maintenance) 

     

    Seller Obligations 

    Power of Disposal over the Product Offered 

    The Seller may only offer products for which he is authorized to dispose of. This means in particular, without being limited to this, that the member is able and entitled to transfer ownership and property completely and unencumbered to the buyer; that he is authorized to rent a property and that he is authorized to transfer a right. 

    No sale of Prohibited Articles 

    It is forbidden to offer products, the offering, sale, purchase, supply, or use of which could violate legal regulations or be contrary to common decency. MUSTBUY maintains a non-exhaustive and continuously updated list of prohibited products (cf. Irrespective of the entry of a product on the list, MUSTBUY reserves the right at any time to delete offers and to inform the responsible authorities or injured third parties. 

    Truthful and Complete Information about the Purchased Item 

    The seller is obliged to provide truthful, not misleading, and not unfair information about the product offered and to provide complete information about the details of payment and delivery. All defects in the product or the packaging must be stated. This also applies in particular to used products or products that have been damaged in packaging. The seller is obliged to publish his offer in a relevant product category on the marketplace. 

    No Prior Sale 

    The seller is prohibited from selling the discontinued product elsewhere during the period of the offer or from granting third parties rights to it. 

    Success Commission and Offer Boost Sporting 

    The articles on MUSTBUY are free of charge. 

     

    In accordance with the fee regulations, the seller has to pay MUSTBUY a success fee of 6% if the contract is successfully concluded. All of the aforementioned fees are debited automatically by our payment provider Stripe as payment and can be downloaded as a receipt in the fee overview after receipt of payment. 

     

    The payment invoice/confirmation is also sent by email through Stripe. The amount of the and fees, as well as the corresponding invoicing and payment conditions, are shown below and from the current fee regulations. MUSTBUY reserves the right to adjust the fee for new offers at any time. If the seller deletes or changes an offer during its term, it does not entitle the seller to a refund or a reduction in the fees incurred for boosts. Depending on the type of offer change, additional fees may apply, in particular, due to the selection of additional boosts. 

     

    Fees Reimbursement 

    Successful commissions can be reimbursed through the Stripe payment provider – check this link – https://support.stripe.com/topics/refunds. In any case, the refund must be submitted no later than 14 days after the sale has ended. Subsequent requests for a refund will not be considered and the seller is not entitled to a refund of the success fee. If MUSTBUY approves a Success Commission refund request, the applicable fees will be credited to the Stripe account. Except upon termination of membership, the seller has no right to a cash payment or to a transfer of these fees. This also applies to reimbursements of fees for offers that have been deleted by MUSTBUY. 

  • General 

    MUSTBUY does not guarantee that members will behave in good faith when trading on the marketplace. In particular, MUSTBUY does not guarantee that members will comply with any contractual obligations they may have with one another. 

    Content of the Contract 

    a) Conditions of the Seller 

    The content of the concluded contract is determined by the product description listed by the seller (including supplements such as seller information published by the seller in the “Questions and Answers” function) and the terms and conditions set by the seller as they were apparent on the offer webpage at the time of the successful sale, as well as any agreements between the parties prior to the conclusion of the contract. The Seller is obligated to grant the Buyer possession and unencumbered ownership of the item, free from third-party rights, in exchange for payment of the purchase price. Exclusions of liability in this respect are not permitted. 

    Inadmissible and therefore not part of the contract is a passing on of MUSTBUY fees by the seller to the buyer. 

    The purchase price is always inclusive of any value-added tax unless the seller delivers the goods directly from abroad. In this case, however, the seller is obliged to clearly indicate all additional costs incurred, such as VAT, customs duty, etc. 

    b) Product Description 

    The product description is part of the contract, i.e. the seller warrants that the product has the characteristics described. 

    If certain information is not to constitute a warranty, the seller shall clearly and unambiguously state this. 

    c) Content in the Absence of Deviating Seller Conditions for Purchases of Goods 

    If at the time of selling, no deviating terms and conditions or no clearly different product description of the seller apply and the parties have not agreed otherwise, the following content of the contract shall apply to purchases of goods: 

     

    The Seller shall be liable for material defects, i.e., for defects not described, which significantly impair the value or use of the item for its intended use. In particular, in the absence of a clear description to the contrary, the seller is liable for the functionality of a sold device. 

     

    The risk of loss of the product shall pass to the buyer upon its abandonment for shipment or upon its transfer to the buyer. 

     

    A possible recycling fee is included in the purchase price, i.e. not to be paid additionally by the buyer. Swiss law shall apply to all disputes between the contracting parties in connection with the offer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

    Contract Execution 

    a) General 

    Both parties to the contract are obliged to fulfil their obligations under the purchase contract in full and on time. 

    Unlike in the states of the EU, there is (still) no right of withdrawal for the consumer in Switzerland. So these terms apply for Switzerland especially. The execution of the contract is the responsibility of the parties; the fulfilment (settlement) of the transaction is governed by the respective terms of the contract. This also applies in particular to the due date of the individual contractual performances (i.e., to the point in time from which the actual performance can be demanded and also enforced in court). If the offer does not contain any rules in this respect and the parties have not agreed otherwise among themselves, the following letters b) shall apply: 

    b) Communication 

    Each party shall communicate to the other, within 7 calendar days from the conclusion of the contract, such information as the other party may require in order to perform the contract. If a party lacks information about the other party, which is necessary for the fulfilment of the contract, it is also obliged within 7 days from the conclusion of the contract to inquire about this at least twice by e-mail and once by telephone. If these inquiries remain unsuccessful, the inquiring party is entitled to withdraw from the contract after the expiration of the 7 calendar days from the conclusion of the contract. 

    c) Due Date 

    The contractual service owed shall be rendered completely and properly within 14 days at the latest from receipt of the information required for performance (cf. Communication). After receipt of the corresponding performance, the other party shall, in turn, provide the owed counter-performance completely and properly within 14 days at the latest. 

    Withdrawal 

    If a member does not provide his due service despite being requested to do so, his contractual partner shall be entitled to withdraw from the contract and, for his part, to demand the return of any services already provided. This shall not apply if the contractual partner itself has thwarted the performance of the service (e.g., the contractual partner did not appear at the agreed handover meeting or did not provide the member with its bank details despite being requested to do so). 

    Product Defect 

    If a product has a defect not mentioned in the offer description, which significantly reduces or eliminates the value or suitability of the product for the intended use, then the Buyer shall notify the Seller thereof within 14 calendar days after delivery of the Product in order to request rectification of the defect at the Seller’s expense. The same applies if the product lacks a feature that was mentioned in the offer description. The buyer must be responsible for bringing the product to the appropriate service point of the seller or sending it at his own expense. 

     

    Further warranty or guarantee rights such as cancellation, reduction, or replacement are excluded. Other agreements between seller and buyer remain reserved. If the product defect has been caused by the courier service or postal service, the buyer must well document the defect by taking several photos of the damaged item, and report it to the courier service or postal service, to request the payout of the insured value of the sent product.

     

    For our other domains that operate for customers outside of Switzerland, like Austria, France and the United Kingdom, the Terms stated inside these GTC apply to this link:

    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

  • Content and Offers 

    MUSTBUY  is not obligated to check the offers, ratings, and other information published by members on the marketplace and in particular assumes no responsibility for: 

    ● the truthful and otherwise correct arrangement of offers 

    ● the quality, safety, legality, or availability of products offered 

    ● the ability, authority, and will of the individual member with regard to the offering, purchasing, delivery, payment, or other contract performance 

    ● the correctness of translations when using the automatic translation function.

    Members and Third Parties 

    In particular, MUSTBUY shall not be liable for any damage caused to members or third parties by the conduct of other members or third parties in connection with the use or misuse of the marketplace. 

    Linked Websites 

    MUSTBUY does not warrant the timeliness, accuracy, legality, completeness, or quality of the content of websites accessible via links on the MUSTBUY websites and disclaims any liability in this regard. 

    Severability Clause 

    Should any provision of these GTC be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall not be affected. The invalid and/or ineffective provisions shall be replaced by such provisions that come as close as possible to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions. 

  • Preliminary Remark 

    MUSTBUY maintains this non-exhaustive and continuously updated list of prohibited products with 2 products whose offer violates legal regulations that violate the good Morals or against general MUSTBUY principles and the offer of which is prohibited without the express permission of MUSTBUY. 

    MUSTBUY is authorized to delete corresponding offers. 

    Offers that contain insufficient or misleading information can also be deleted. The rights of MUSTBUY according to Section IV.B. are expressly reserved. of the terms and conditions. Even if this prohibited list provides for exceptions (ie the offer allows in individual, defined cases), MUSTBUY reserves the right to deviate from these exceptions. 

    Unless otherwise stated, one passage applies to all offers on MUSTBUY. If you are unsure, please contact customer service first. ([email protected]

    Rights of third parties 

    It is forbidden to undertake actions on MUSTBUY which in any way violate the rights of third parties. This includes copyrights, trademarks, design or patent rights, personal rights, data protection rights, competition rights, and other property rights of third parties. 

    MUSTBUY supports the owners of property rights. They can report offers to MUSTBUY that violate their rights and have these offers removed. 

    Personal rights 

    Offers, texts, and images that a member publishes on the MUSTBUY website in any way (offer descriptions, reviews, entries in the context of “questions and answers” etc.) or communicated in any other way via the MUSTBUY website, may not violate any personal rights of third parties and/or violate the data protection law. In particular, they must not be offensive, obscene, defamatory, harassing, defamatory, denigrating, disparaging, damaging to the reputation, and the like. being. 

    Prohibited products 

    Addresses of any kind as well as personal data 

    It is forbidden to use MUSTBUY lists resp. To offer documents with addresses or other data that relate to specific or identifiable persons (natural and legal). 

     

    Examples: 

    ● Dealer, supplier, manufacturer 

    ● Mailing lists 

    ● Bank customer data 

    ● Personal Addresses, telephone numbers, e-mail addresses, or other information used for personal identification. 

    ● Other addresses 

    Archaeological cultural goods (finds / objects) 

    It is forbidden to offer archaeological cultural goods at MUSTBUY unless the provider has official proof of legality, according to which trading in this object is permitted. This verification document must be shown in the offer and be clearly legible. 

    As a rule, certificates of legality can only be issued for archaeological finds that can be proven to date from the time before the introduction of the Swiss Civil Code (ZGB; SR 210). A certificate of legality cannot be issued for objects without an indication of origin or from abroad. Mere customs export declarations etc. are not yet proof of legality in the sense of this principle. 

    Archaeological cultural assets are objects of historical, artistic, or scientific importance. 


     Examples: 

    ● Coins 

    ● Weapons and Tools 

    ● Ceramics (vases, etc.), 

    ● Jewelry 

    ● Sculptures 

    ● Writings 

    ● Sacred objects such as relics


     Drugs and Medical Devices Prohibited 

    Forbidden to offer drugs and medical devices in the sense of the Medicines Act at MUSTBUY. 

    Examples: 

    ● Prescription drugs (sales category A, B) 

    ● Medicines sales category C, D 

    ● Contraceptive pills or the like 

    ● HIV / AIDS test 

    ● Pharmaceutical sexual enhancers (e.g. Viagra) 

    ● Slimming product Cuts II 

    ● Deworming drug 

    ● Salvia Divinorum (may only be sold as a spice. A license is required as a tobacco substitute) 

    ● B2UP chewing gum 

    ● Poppers or the like 

    ● Hoodia 

    ● Ruyan 

    ● Nicotine replacement products (e.g. nicotine chewing gum) 

    ● Spaglog 

    ● Spagyric Remedies 

    ● Tiger balm 

    ● Schüssler salt 

    Identification documents and licenses from authorities 

    It is forbidden to offer official identification documents, licenses, and extracts from registers at MUSTBUY. 

    Examples: 

    ● From authorities issued official documents such as driving licenses, passports, identity cards, permits, licenses 

    ● Fake identity cards or any items that have been developed for the production of such cards 

    ● birth certificates or trade register extracts 

    ● Documents that the abuse of titles (degrees, Titles or public dignities) and professional titles (doctor, lawyer …). 

    Motorway vignettes (used) 

    It is forbidden to offer used motorway vignettes. 

    The Swiss motorway vignette is an official stamp that, once stuck on, is only valid for this specific vehicle. If a vignette is removed from a vehicle, it is to be regarded as invalid. It is not permitted to prepare invalid or new vignettes in such a way (e.g. provided with adhesive film) that they appear to be valid. If the motorway was used without sticking the vignette on, it is also considered invalid. This manipulation constitutes an offense within the meaning of Art. 245 No. 1 Paragraph 2 and Art. 245 No. 2 of the Swiss Criminal Code of December 21, 1937 (StGB; SR 311.0) is punishable in the same way. The threat of punishment, in this case, is imprisonment for up to three years or a fine. 

    Decoding/decoding software and decoding/decoding hardware 

    It is forbidden to offer decoding and decoding instruments at MUSTBUY that are used for unauthorized access to secure areas, trade secrets, encrypted data, etc., or that pursue the sole purpose of technical measures to protect copyrighted data Revoke or bypass works (such as copy locks). 

    Examples: 

    ● Prohibited ListHack hardware or software 

    ● Software for unlocking SIM locks 

    ● Hardware for unlocking SIM locks (eg Griffin Box, Tornado Flasher …) 

    ● Software for copying copy-protected CDs or DVDs 

    ● Decoding devices are. Teleclub, Premiere, etc. 

    ● speedometer reset devices 

    ● modchips 

    ● R4 cards for Nintendo DS / DSI 

    ● AceKards 

    ● M3 cards etc. 

    Drugs and other mind-altering substances 

    It is prohibited to offer MUSTBUY drugs within the meaning of the narcotics Act and other mind-altering substances. This prohibition also applies to objects that are suitable and/or intended for the manufacture or consumption of mind-altering substances (with the exception of articles that are traditionally intended for the use of tobacco products). 

    Examples: 

    ● Any type of product that falls under the Narcotics Act (heroin, cocaine, XTC, LSD, etc.) 

    ● Products that contain cannabidiol (CBD) 

    ● Seeds from plants prohibited under this heading (for example hemp seeds) 

    ● Fixer utensils 

    ● Snief cutlery 

    ● Homegrown boxes (eg for hemp) 

    Admission tickets, plane tickets & travel tickets 

    It is not permitted to offer tickets on which the person entitled is named and disclosure of which has been contractually prohibited. Neither the barcode nor the number belonging to the barcode must be recognizable on the images. These places need to be covered. 

    When selling tickets before the official start of sales, it should be noted that the seller must be in possession of a receipt or proof that he has the tickets. If there is a suspicion of commercial ticket sales, MUSTBUY reserves the right to obtain proof from the seller that he is entitled to do so. If this proof is not successful, MUSTBUY reserves the right to delete such offers and/or to block the member.

    E-mail addresses, domains, licenses, registration rights, and banner advertising spaces 

    It is forbidden to post offers at MUSTBUY that include the purchase of email addresses, domains, brands, designs, patents and other registration rights, banner advertising spaces, and licenses. 

     

    Explosive products, radioactive materials, and other chemicals and products that are hazardous to health 

    It is forbidden to sell radioactive materials, poisonous and explosive materials, fireworks of any kind, and chemicals that are hazardous to health at MUSTBUY. 

    Examples: 

    ● Pepper spray and defence spray 

    ● Stink bombs 

    ● Grenades 

    ● Fireworks 

    ● Products with warning notices from a federal office 

    ● Any products containing asbestos, in particular, Eternit products manufactured before

    1991 6

    Telecommunication systems, especially radio systems that Violate telecommunications legislation 

    It is forbidden to offer MUSTBUY telecommunications systems, in particular radio systems, that violate telecommunications legislation. 

    Examples: 

    ● transmitter and / or receiver 

    ● radio 

    ● Remote controls 

    ● remote 

    ● wireless cameras 

    ● scanning receiver 

    ● jammer 

    ● FM transmitter, which has a greater range than 10 meters. 

    ● Radar detectors 

    Such products may only be offered and placed on the market if they comply with the provisions of the telecommunications legislation. Amateur radio equipment may only be given to holders of an amateur radio license against receipt and presentation of this license. 

    Further information: Federal Office of Communications, 2500 Biel 

    Devices for unlawful eavesdropping 

    Technical devices that are used in particular for unlawful eavesdropping or for unlawful sound or image recording are not permitted. 

    Examples: 

    ● Ballpoint pen, lighter or car key cameras as well as so-called buttonhole cameras and spy cams). 

    Stolen products and other products that do not belong to the seller 

    It is forbidden to offer items on MUSTBUY that have been stolen. MUSTBUY will also delete offers for items that do not legally belong to the seller. 

    Examples: 

    ● Stolen bicycles 

    ● Rented modems/routers from Cablecom, Swisscom, etc. 

    ● Cars that are not allowed to be sold according to an ongoing leasing contract or an instalment sale. 

    Vouchers 

    Forbidden to offer MUSTBUY vouchers or tokens that are personal and non-transferable. Any minimum purchase prices must be clearly declared. Examples: 

    ● Vouchers from our own online shop with the aim of encouraging our members to make a purchase outside of MUSTBUY 

    ● Miles & More program 

    Dummy mobile phones 

    Offers that offer mobile phones without functions, WITHOUT a clear indication in German (“dummy”, “without functions” and/or “toys”) and/or French (“sans fonctions”, “jouet” and/or “portable factice”) language in the offer text and title that it is such. The designation “Dummy” or any other reference in English is NOT sufficient. 

    War material and army material 

    It is forbidden to offer war material and army material that has not been approved for trade by the responsible authorities on MUSTBUY. 

    The price lists of the official Army LiqShop and the ArmyTechShop provide a good indication of what can and cannot be sold. They are available at http://www.armyliqshop.ch and http://www.armytechshop.ch. Articles that a military man was allowed to keep after leaving the army are generally permitted for sale. 

     

    The following are permitted, for example: 

    ● Sleeping bag 65 

    ● Silver Army Army Knife (but not the Army knife ’90) 

    On the other hand, for example: 

    ● Parts of current uniforms 

    ● Trousers from camouflage suit 90 (because also part of the uniform) 

    ● Sleeping bag 90 

    ● Material that was only given on loan (Parts of the PA, especially corps material) 
     

    Food and utensils that are subject to the Food Act 

    It is forbidden to offer food and utensils (e.g. cosmetics) that violate the Food Act at MUSTBUY. In particular, indications of any kind that attribute the prophylaxis, potency enhancement, treatment, or cure of a human disease or as a slimming agent with precise promises of effectiveness to food are prohibited. According to the ordinance on the labeling and advertising of food, the country of production must always be specified in the case of pre-packaged or open delivery of meat. A note is also necessary if the animals come from countries in which they were allowed to be treated with antibiotics to promote performance (e.g. USA, Brazil).

     

    Examples: 

    ● Tooth bleaching agent of any kind, except toothpaste and tooth-bleaching agents with a hydrogen peroxide concentration below 0.1% 

    ● American T-bone steaks, unless the meat is from the US, or if this information is missing that the “meat Antibiotics Hormones] and/or other antimicrobial performance enhancers”. 

    ● Exact details of kilo losses with slimming products (eg “lose 3 kg in 10 days”) 

    Lottery tickets 

    It is forbidden to offer items that promise winnings or other benefits, such as lottery tickets and other offers falling under the Lottery Act. 

    Examples: 

    ● Euromillion 

    Human body parts and organs 

    It is forbidden to offer human bodies, body parts, organs, and bones at MUSTBUY. 

     

    Examples: 

    ● Human skulls and skeletons 

    ● Organs (including organs prepared for medical purposes) 

    ● Blood, excretions, sperm, egg cells 

    National Socialism / Racism / Political Extremism 

    It is forbidden to post articles with a National Socialist, racist, and/or politically extremist background on MUSTBUY or to carry out appropriate propaganda. Examples: 

    ● Offers with well-known coded symbols (eg wreaths) 

    and / or numbers (eg “88”) 

    ● Postcards from the 3rd Reich with the image of Hitler, National Socialist slogans, swastikas, and/or SS symbols 

    ● Music CDs from right-wing or left-wing extremist bands 

    ● T-shirts with propagandistic, political, and/or racist prints 

    ● So-called “Neger Kässeli” / “Jolly Niger Banks” 

     

    Exceptions: 

    ● Postage stamps and coins from the Third Reich 

    ● Objective, purely scientific documentation about the Time of national socialism. 

    Pornography, sexual and violent content 

    It is forbidden to offer articles on MUSTBUY that contain sexual or violent content or that are limited to a corresponding purpose. This includes pornography of any kind, offers with sexual, obscene, or violence-glorifying content or reference, forbidden depictions of violence, and general offers with content that is harmful to minors. 

     

    Examples: 

    ● Porn Hardcore, regardless of the type of medium (hard disk, CD, DVD, video, poster, books, etc.) 

    ● Contain Offers that sexual acts with children, animals, human excretions, or acts of violence. 

    ● Images of children and adolescents in unnatural, gender-emphasizing postures. 

    ● Offers with pictures of genitals or naked female breasts or people engaged in sexual acts ● Sex toys or love doll vibrators, dildos, love balls, penis rings, penis sleeves, plugs, and accessories 

    ● All BDSM accessories such as whips, shackles, harnesses, masks, love swings, etc. 

    ● Sex attractants 

    ● Worn, unwashed underwear 

    ● Cannibalism of any kind (DVD films such as Cannibal Holocaust, Cannibal Apocalypse, etc.) 

    ● Offers with sexual references for advertising purposes only. If, for example, a scantily clad woman can be seen in one of the pictures, although she has nothing to do with the product. 

    ● Films with deliberately insufficient information, which meanwhile points to sexual content (eg from 18 and without picture) 

    ● Modules/cards for erotic 

    ● Channels 

    ● ListAll films that are on the “List of problematic films” 

    Animals and Plants 

    It is forbidden to offer animals of any breed or breed (including puppies, kittens, etc.) on MUSTBUY. It is forbidden to offer protected animals, plants, and their preparations at MUSTBUY. Dogs and cat skins are also not allowed to be sold. 

     

    Examples: 

    ● ivory 

    ● wild cat fur 

    ● shahtoosh 

    ● rhinoceros horns 

    ● whale bones and teeth 

    ● turtle products 

    ● snake wine 

    The animal welfare ordinance and additional information can be found at the Federal Veterinary Office http://www.bvet.admin.ch / further information at http://www.wwf.ch and http://www.cites.org 

    Weapons of any kind 

    In particular, firearms, cutting and stabbing weapons as well as ammunition of any kind It is forbidden to sell weapons at MUSTBUY whose sale/acquisition is prohibited according to the provisions of the Swiss Weapons Act (SR.514.54). This includes in particular firearms, cutting and stabbing weapons as well as weapon components and ammunition of any kind. Imitation weapons are also prohibited. MUSTBUY reserves the right at any time to go beyond the provisions of the Weapons Act and to delete weapons offers. 

     

    Examples: 

    Firearms and ammunition: 

    ● Firearms, in general, are prohibited (air rifles, rifles, pistols, revolvers, etc.) 

    ● Alarm weapons, gas and signal weapons, soft air guns, paintball markers 

    ● Weapon components (magazines, barrels, silencers, breeches, blades, ammunition, grips, frames, closure housings, etc.) 

    ● arms imitations 

    ● knife and the like (in the case of doubt, should be parallel to the blade a scale are imaged):

    ● knife in which the blade can be extended with a single-handedly operated automatic mechanism (eg flick lock blades) 

    ● Daggers with a fixed pointed symmetrical blade. 

    ● Butterfly Knife (butterfly knife) 

    ● throwing knives 

    ● credit card knife 

    exceptions: 

    ● kitchen, household, fishing, hunting, and pocket knives 

    ● spin: 

    Other 

    ● To hurt devices that are destined to people such as brass knuckles, shock rods, throwing stars, and weapons… 

    ● Tasers, electric shock devices (of any kind) 

    ● Disguised weapons, such as shooting pens and all weapons that are not immediately recognizable as weapons 

    ● Objects that are deceptively similar to a weapon (eg revolver lighters) 

    ● Laser
     
     Securities, Financial Services, and Coins 

    It is forbidden to offer securities and financial services at MUSTBUY. 

    In the case of re-minting of coins, it must be clearly stated in the offer that it is a copy/replica / re-minting. Re-minting of Swiss coins is only permitted if they are permanently and legibly marked with a corresponding note on the goods themselves, such as “Copie”, “Replica”, etc. 

    Examples: 

    ● Securities and company shares (e.g. shares, bonds) from existing companies 

    ● Securitized and unsecuritized money market and financial instruments 

    ● Loans and credits 

    ● Loans and insurance or similarly regulated services 

    ● Banknotes, with the exception of banknotes that are no longer in circulation 

    ● Lunch checks, Reka-Checks and WIRE-Checks 

    ● Digital currencies / Internet currencies (e.g., Bitcoin) 

     

    Exceptions: 

    ● Share certificates may be offered for sale at MUSTBUY if they have been declared invalid or represent participation in a company that no longer exists as a legal entity. 

    Cigarettes and certain other tobacco products or tobacco 

    It is forbidden to sell cigarettes of any kind related to products. 

     

    Examples: 

    ● Snus and other tobacco products for oral use 

    ● NTB (herbal cigarettes) 

    ● Electronic cigarettes or electric shishas that already contain liquids containing nicotine-containing nicotine 

    ● Liquids 

     

    Exceptions: 

    ● Cigars 

    ● Tobacco is sold loosely for smoking and sniffing (cigarette, snuff, and Stuffing tobacco) 

    ● Tobacco pipes 

    ● Smoking utensils such as cigarette rolling machines, cases, etc. 

    ● Electronic cigarettes and electric hookahs that do not contain any 

    nicotine-containing liquids 

    ● Liquids without nicotine 

     

    Note: It is strictly forbidden to sell cigars and tobacco to people under the age of 18. We also expressly refer to the provisions of the Federal Tobacco Ordinance, in particular on the import of tobacco products. 

    Real estate, Land, and the Limited Rights in Rem 

    Real estate, land, and rights similar to land may not be offered. Due to legal regulations, no legally valid sales contract for real estate, land, easements (e.g. building rights), liens, and similar rights can be concluded via the MUSTBUY online platform. 

    Vehicle registration plates vehicle registration 

    It is forbidden to sell redeemed plates that are in traffic on MUSTBUY. 


     Prohibited Services 

    Illegal Services 

    It is forbidden to offer MUSTBUY services that contain or pursue illegal or immoral services. 

     

    Examples: 

    ● Services that pursue the sole purpose of suspending or circumventing technical measures for the protection of works protected by copyright (such as copy locks). 

    Sexual services 

    It is forbidden to discontinue services with sexual content such as prostitution, escort 

    service, video, telephone sex, or similar offers at MUSTBUY. 

  • MUSTBUY also reserves the right to delete offers that violate the following provisions: 

    Languages other than German, French, Italian, or English 

    It is forbidden to post offers on MUSTBUY in languages other than German, French, Italian, or English. 

    Wrong category 

    Offers that have been placed in the wrong category can be moved or deleted by MUSTBUY. 

    Examples: 

    ● Motorcycles in the stamp category 

    ● CD’s in the category of the records 

    ● Storage wall in the model railroad category promises of 

    Profit or Donation 

    It is forbidden to sell items in connection with promises of profit on MUSTBUY. It is also forbidden to sell offers with a promise to donate unless there has been a prior agreement with MUSTBUY. 

     

    Category spamming 

    It is forbidden to post identical offers more than once on MUSTBUY if this makes the offer lists confusing and items from other providers are difficult to find. Examples (not exhaustive): 

    ● A seller offers identical items with several user accounts. 

    ● Identical offers are posted several times in the same period instead of being combined in multiple offers. (Only one offer of a corresponding article may be activated at a time.) 

    ● The title and product description are only changed slightly to make a difference. 

    ● The same product is being discontinued at different prices. 

     

    In these and similar cases, MUSTBUY reserves the right to delete corresponding offers and to warn or block members who enter such offers. 

    Misleading information / unfair behavior 

    It is prohibited to post offers on MUSTBUY with objectively false and/or subjectively misinterpretable information. Furthermore, any deceptive or otherwise contrary to the principle of good faith business conduct that affects the relationship between competitors or between sellers and buyers is prohibited. Examples: 

    ● Image and text do not match or contain contradictory information. 

    ● Contradictory/incorrect information regarding the condition of the goods/product characteristics. 

    ● Offering goods under inaccurate geographical indications of origin (e.g. “swiss made” for products manufactured in China). 

    ● Stating artificially inflated comparative prices (moon prices). 

    ● Unfair advertising and sales methods 

    ● Price-comparison statements or the promise of bonuses or other benefits in connection with spirits. 

    Manipulation of search results or other functions of the MUSTBUY platform 

    It is prohibited to use false, inappropriate, or misleading terms in the description of the offer (in the particular title and item description) in order to manipulate search results. Furthermore, it is prohibited with the help of offers to specifically manipulate the rating profile. 

     

    Examples: 

    ● Hidden texts 

    ● Mentioning of brand names that have no relation to the offer 

    ● Selling Coop super points in 20 offers of 50 points each.
     
     Rental/subscription contract, etc. 

    It is prohibited to sell items via MUSTBUY if the conclusion of a rental contract is a prerequisite in the process. 

    Products whose purchase is linked to the conclusion of a subscription must clearly and unambiguously mention this condition. 

    Also prohibited are products that require the conclusion of a leasing or installment contract. 

    Mandatory. 

    Examples: 

    ● Cell phones with a contract 

    ● Registered PrePaid cards 

    Search and exchange requests 

    Offers in which products are searched for or offered for exchange will be deleted by MUSTBUY. In addition, questions & answers, as well as reviews can be deleted, which violates this passage. Examples: 

    ● Search requests 

    ● Search inquiries 

    ● Exchange advertisements 

    Prohibited information 

    In particular, it is prohibited to post listings containing information of the following types: 

    Addresses, e-mail, telephone numbers, account data. 

    The provision of contact details, such as the postal address, Internet address, VAT number, commercial registration number, telephone number, e-mail, postal and bank account details is prohibited in offer descriptions, ratings, offer images and questions & answers (including “private” answers in questions & answers and the personal message). 

    Exceptions: 

    ● For vehicle auctions and ads, providing a phone number in listing descriptions is allowed. 

    In “Questions & Answers”, the provision of a telephone number is permitted if the seller is asked for it by a prospective buyer in connection with a viewing. 

     

    The provision of an Internet address is only permitted if the seller links to the manufacturer’s website for the purpose of providing product details, but the link does not lead to an online store. 

    Details for jewelry and watches 

    Jewelry and watches made of base metal gold-plated, silver-plated, etc. must not contain the following information: 

    ● Fineness information 

    ● Indications of the proportion or weight of the precious metal used. 

    ● Designation in conjunction with the name of precious metals or other indications is likely to deceive as to the true value or composition of the goods. 

    ● Attributes that have a diminishing influence on the value of an item of value (such as pl. for a mere coating of precious metal, CZ. for cubic zirconia stones instead of diamonds, etc.) shall be indicated in the language of the offer, both in the title and in the continuous text, and shall not be abbreviated. 

    ● Information on the layer thickness. 

    ● These provisions also apply mutatis mutandis to packaging, advertising statements in brochures, advertisements, Internet offers, etc. 

    Cars and motorcycles 

    Vehicle parts and accessories which have not been tested according to Swiss law, even in combination with other components, must be marked with the notice: 

    “Not approved for use on Swiss roads in accordance with the Ordinance on Technical Requirements for Road Vehicles.” 

    Examples: 

    ● Xenon bulb in normal reflector. 

    Sale outside MUSTBUY / kilo goods 

    Offers that contain the indication that further products can be purchased after the award and outside of MUSTBUY will be deleted by MUSTBUY. Offers will also be deleted where the fees of MUSTBUY are bypassed and/or the final offer price is not apparent (e.g. kiloware). 

    Examples: 

    ● Additions in the offer text that refer to other offers outside of MUSTBUY such as: “For an additional charge of xxx CHF/EUR/GBP, you can still purchase other identical items or additions to the offer” or also: “Inquiries from resellers desired.” etc. 

    ● If the offer price refers to a unit of measurement (cm, kg, etc.) and not to the item itself (e.g. cheese/meat: offer price refers to 1 kg – but the item effectively weighs 3 kg and the buyer would then have to pay three times the price). 

    ● Mention in the offer text that, for example, a pair of speakers is being auctioned, but the offer is multiple offers with two pieces and/or the offer price only refers to one speaker and would therefore be charged twice or the offer price in a single offer only refers to one speaker and would then be charged twice.
     
     Advertising / Web addresses 

    Any kind of self and third-party advertising in all offer images, titles, descriptions, ratings, and questions & answers (including “private” answers in questions & answers and the personal message) as well as in user names is prohibited. 

    Examples: 

    ● Indication of Internet addresses (WWW addresses, e-mail addresses, or similar). 

    ● Depositing links that lead to online stores. 

    ● Depositing links leading to other online auction houses, classified ad sites, and car portals. 

    ● In the case of vehicle classifieds, the specification of the Internet address is permitted by means of the “Website” setting option for which a charge is made. 

    ● Links to the website of the manufacturer of the offered goods are also permitted. 

    Other violations of legal regulations and common decency 

    It is generally prohibited to post offers or to offer them in a form that violates legal regulations or morality. 

    Examples: 

    ● Sending goods via field mail

  • MUSTBUY also reserves the right to delete offers that violate the following provisions: 

    Languages other than German, French, Italian, or English 

    It is forbidden to post offers on MUSTBUY in languages other than German, French, Italian, or English. 

    Wrong category 

    Offers that have been placed in the wrong category can be moved or deleted by MUSTBUY. 

    Examples: 

    ● Motorcycles in the stamp category 

    ● CD’s in the category of the records 

    ● Storage wall in the model railroad category promises of 

    Profit or Donation 

    It is forbidden to sell items in connection with promises of profit on MUSTBUY. It is also forbidden to sell offers with a promise to donate unless there has been a prior agreement with MUSTBUY. 

     

    Category spamming 

    It is forbidden to post identical offers more than once on MUSTBUY if this makes the offer lists confusing and items from other providers are difficult to find. Examples (not exhaustive): 

    ● A seller offers identical items with several user accounts. 

    ● Identical offers are posted several times in the same period instead of being combined in multiple offers. (Only one offer of a corresponding article may be activated at a time.) 

    ● The title and product description are only changed slightly to make a difference. 

    ● The same product is being discontinued at different prices. 

     

    In these and similar cases, MUSTBUY reserves the right to delete corresponding offers and to warn or block members who enter such offers. 

    Misleading information / unfair behavior 

    It is prohibited to post offers on MUSTBUY with objectively false and/or subjectively misinterpretable information. Furthermore, any deceptive or otherwise contrary to the principle of good faith business conduct that affects the relationship between competitors or between sellers and buyers is prohibited. Examples: 

    ● Image and text do not match or contain contradictory information. 

    ● Contradictory/incorrect information regarding the condition of the goods/product characteristics. 

    ● Offering goods under inaccurate geographical indications of origin (e.g. “swiss made” for products manufactured in China). 

    ● Stating artificially inflated comparative prices (moon prices). 

    ● Unfair advertising and sales methods 

    ● Price-comparison statements or the promise of bonuses or other benefits in connection with spirits. 

    Manipulation of search results or other functions of the MUSTBUY platform 

    It is prohibited to use false, inappropriate, or misleading terms in the description of the offer (in the particular title and item description) in order to manipulate search results. Furthermore, it is prohibited with the help of offers to specifically manipulate the rating profile. 

     

    Examples: 

    ● Hidden texts 

    ● Mentioning of brand names that have no relation to the offer 

    ● Selling Coop super points in 20 offers of 50 points each.
     
     Rental/subscription contract, etc. 

    It is prohibited to sell items via MUSTBUY if the conclusion of a rental contract is a prerequisite in the process. 

    Products whose purchase is linked to the conclusion of a subscription must clearly and unambiguously mention this condition. 

    Also prohibited are products that require the conclusion of a leasing or installment contract. 

    Mandatory. 

    Examples: 

    ● Cell phones with a contract 

    ● Registered PrePaid cards 

    Search and exchange requests 

    Offers in which products are searched for or offered for exchange will be deleted by MUSTBUY. In addition, questions & answers, as well as reviews can be deleted, which violates this passage. Examples: 

    ● Search requests 

    ● Search inquiries 

    ● Exchange advertisements 

    Prohibited information 

    In particular, it is prohibited to post listings containing information of the following types: 

    Addresses, e-mail, telephone numbers, account data. 

    The provision of contact details, such as the postal address, Internet address, VAT number, commercial registration number, telephone number, e-mail, postal and bank account details is prohibited in offer descriptions, ratings, offer images and questions & answers (including “private” answers in questions & answers and the personal message). 

    Exceptions: 

    ● For vehicle auctions and ads, providing a phone number in listing descriptions is allowed. 

    In “Questions & Answers”, the provision of a telephone number is permitted if the seller is asked for it by a prospective buyer in connection with a viewing. 

     

    The provision of an Internet address is only permitted if the seller links to the manufacturer’s website for the purpose of providing product details, but the link does not lead to an online store. 

    Details for jewelry and watches 

    Jewelry and watches made of base metal gold-plated, silver-plated, etc. must not contain the following information: 

    ● Fineness information 

    ● Indications of the proportion or weight of the precious metal used. 

    ● Designation in conjunction with the name of precious metals or other indications is likely to deceive as to the true value or composition of the goods. 

    ● Attributes that have a diminishing influence on the value of an item of value (such as pl. for a mere coating of precious metal, CZ. for cubic zirconia stones instead of diamonds, etc.) shall be indicated in the language of the offer, both in the title and in the continuous text, and shall not be abbreviated. 

    ● Information on the layer thickness. 

    ● These provisions also apply mutatis mutandis to packaging, advertising statements in brochures, advertisements, Internet offers, etc. 

    Cars and motorcycles 

    Vehicle parts and accessories which have not been tested according to Swiss law, even in combination with other components, must be marked with the notice: 

    “Not approved for use on Swiss roads in accordance with the Ordinance on Technical Requirements for Road Vehicles.” 

    Examples: 

    ● Xenon bulb in normal reflector. 

    Sale outside MUSTBUY / kilo goods 

    Offers that contain the indication that further products can be purchased after the award and outside of MUSTBUY will be deleted by MUSTBUY. Offers will also be deleted where the fees of MUSTBUY are bypassed and/or the final offer price is not apparent (e.g. kiloware). 

    Examples: 

    ● Additions in the offer text that refer to other offers outside of MUSTBUY such as: “For an additional charge of xxx CHF/EUR/GBP, you can still purchase other identical items or additions to the offer” or also: “Inquiries from resellers desired.” etc. 

    ● If the offer price refers to a unit of measurement (cm, kg, etc.) and not to the item itself (e.g. cheese/meat: offer price refers to 1 kg – but the item effectively weighs 3 kg and the buyer would then have to pay three times the price). 

    ● Mention in the offer text that, for example, a pair of speakers is being auctioned, but the offer is multiple offers with two pieces and/or the offer price only refers to one speaker and would therefore be charged twice or the offer price in a single offer only refers to one speaker and would then be charged twice.
     
     Advertising / Web addresses 

    Any kind of self and third-party advertising in all offer images, titles, descriptions, ratings, and questions & answers (including “private” answers in questions & answers and the personal message) as well as in user names is prohibited. 

    Examples: 

    ● Indication of Internet addresses (WWW addresses, e-mail addresses, or similar). 

    ● Depositing links that lead to online stores. 

    ● Depositing links leading to other online auction houses, classified ad sites, and car portals. 

    ● In the case of vehicle classifieds, the specification of the Internet address is permitted by means of the “Website” setting option for which a charge is made. 

    ● Links to the website of the manufacturer of the offered goods are also permitted. 

    Other violations of legal regulations and common decency 

    It is generally prohibited to post offers or to offer them in a form that violates legal regulations or morality. 

    Examples: 

    ● Sending goods via field mail

Binding Nature of Contracts Concluded with MUSTBUY  

Question: “My seller has sold the item to someone else. What can I do?” 

Answer: A sale on MUSTBUY is binding. The seller is fundamentally obliged to deliver an equivalent replacement within a reasonable period of time. 

Sales Outside the MUSTBUY Platform 

Question: “A potential buyer contacted me via “Questions & Answers” and asked whether I could close my offer and sell him the goods at a different price. Is that in order?” 

Answer: The terms and conditions of MUSTBUY clearly prohibit such an approach – you and the buyer risk being excluded from the platform. In addition, you lose the opportunity to apply for seller protection from MUSTBUY in the event of problems with the buyer. 

Surcharges on the Sales Price 

Question: “Can a seller from Switzerland add VAT to the purchase price?” 

Answer: No, the sales price of goods that are in stock in Switzerland always includes VAT in accordance with MUSTBUY ‘s general terms and conditions. 

Question: “Can a seller from abroad add VAT to the purchase price?” 

Answer: Sellers from abroad must always deduct the foreign VAT and state the prices without VAT. Anyone who buys goods that are clearly identified in the offer as being shipped from abroad must pay the Swiss value-added tax levied on them on import and any other import fees (customs, etc.) themselves. 

Question: “In the description of the offer, the seller lists additional types of distribution (for example shipping via courier). For this, he demands additional fees. Is he allowed to do that?” 

Answer: Yes, as long as he clearly states this in the payment terms “as per description”. 

Incorrect Information about the Product 

Question: “The seller stated something different in the title than in the description of the offer. What is true now? ” 

Answer: Basically, the seller has to deliver what is more advantageous for the buyer. There is only an exception if the seller can plausibly demonstrate that he has made the information inadvertently (“declaration error” according to OR-Swiss Law)
 For the other EU and UK countries – see GTC stated above. 

Question: “I asked the seller a question before buying the product. Now it turns out that he answered this incorrectly. Is the contract still valid for me? ” 

Answer: The information provided by the seller (including “Questions & Answers”) is binding assurances relating to the purchased item. He must have the goods repaired at his own expense according to his specifications and delivered as promised. 

Question: “I purchased a product and now the seller has added as text that the goods are no longer for sale because he made a mistake in the offer. Can he refuse the sale because of that? ” 

Answer: Basically, the seller has to deliver. An exception is only made if the seller can plausibly demonstrate that he accidentally provided the original information (“declaration error” according to OR-Swiss Law).

For the other EU and UK countries – see GTC stated above. 

Question: “I supposedly bought a product at auction, but only received the packaging for it. Afterward, I saw that the small print of the offer only talked about the packaging. But you don’t see that at first glance. Can I cancel the purchase? ” 

Answer: The sale of pure packaging is only permitted on MUSTBUY  if it is clear from the title of the offer that only the packaging is offered. The choice of the category in which an offer is placed is also decisive. 

If a seller tries to deceive potential buyers by only pointing out in the “small print” that the item is packaging, this must be reported to customer service. In this case, the buyer can withdraw from the purchase. 

Question: “The seller sent me a completely different product than I ordered. Now he refuses to acknowledge this and claims that he sent me the right product. ” 

Answer: As a buyer, you have to prove that you received the wrong product. If possible, open a received package in the presence of a witness (e.g. postman). 

The statutory guarantee (OR-Swiss Law 197) is understood to mean the seller’s duty to ensure that his product is flawless at the time of purchase. The seller is particularly liable for material defects, i.e., for defects that are not described that significantly impair the value or use of the item for the intended use. 

In contrast, the guarantee represents a voluntary contractual commitment by the seller (sometimes also by the Manufacturer), for a certain period of time for the contractually guaranteed functionality of a To vouch for the product or parts thereof, insofar as it has been used properly. 

At MUSTBUY, the term guarantee is understood as the buyer’s fundamental right to repair or replace goods that differ from the product description or are defective (or a price reduction if both parties agree). 

The following applies: On receipt of defective goods (e.g., material defects not mentioned that were already present at the time of purchase) the buyer must report the defect to the seller within 14 days, otherwise the guarantee will expire. If the seller refuses to repair or replace the goods, the buyer can withdraw from the contract (= rescission). 

In this context, the postage costs for the return are at the expense of the buyer. Defects that are the fault of the buyer (such as breakage or moisture damage, etc.) are excluded from the guarantee. The same applies to transport damage or defects in wearing parts. 

If a guarantee period is specified, this means that the seller must also be responsible for defects that arise later during the specified period, even if the defects were not visible at the time of sale. 

Question: “The seller has sold a product and noted in the“ Warranty ”field:“ One year manufacturer’s warranty ”. The product broke six months after it was sold and the manufacturer wrongly refused to provide a free repair. Can I stick to the seller? ” 

Answer: yes; if the seller says there is a manufacturer’s guarantee, he is liable for it, i.e., he has to bear the repair costs if the manufacturer (or importer) does not provide this service free of charge. 

Question: “The goods have been damaged in transit. Who is liable for it? ” 

Answer: The seller is not liable for any damage that can be proven to have occurred during transport, even if he sold the goods with a guarantee. 

The only exception is if he has not packaged the goods carefully or appropriately and damage has occurred as a result. 

For registered items, Swiss Post will reimburse up to CHF 500 for loss, damage, or improper delivery. (For the other countries like UK, Austria, France other amounts will be reimbursed by the local postal services.)

If the product defect has been caused by the courier service or postal service, the buyer must well document the defect by taking several photos of the damaged item, and report it to the courier service or postal service, to request the pay-out of the insured value of the sent product. 

Question: “I bought an item without a guarantee. After receiving the goods, hidden defects appear. Is there a guarantee for these defects? ” 

Answer: As a matter of principle, your salesperson does not have to repair defects that have no effect on the actual functionality of a product (e.g., slight scratches on the housing of a used kitchen appliance that could not be seen in the pictures). You cannot cancel the contract either (change). 

Question: “I bought an item without a guarantee. After receiving the goods, there are defects that the seller obviously knew about. ” 

Answer: If there are defects that have a significant influence on the purchase decision, then the seller must state these in the offer or on request in “Questions & Answers” and must not mislead the buyer. There is intentional deception if the seller deliberately conceals defects in the offer that he must assess as essential for a buyer (for example, photographs a car in such a way that a large bump is not visible). 

In this case, the seller must ensure that the goods are repaired or replaced. 

Question: “Does a seller’s warranty information in an offer take precedence over MUSTBUY ‘s terms and conditions?” 

Answer: Yes, the information provided by the seller about the guarantee in an offer is binding. The provisions in MUSTBUY ‘s general terms and conditions only apply in cases in which the seller has not stated otherwise. 

Example: A seller writes in his offer that he grants an unconditional right of return of two weeks for his goods. Then he takes the position that the general terms and conditions only stipulate that he must repair the goods in the event of defects and that the goods are not defective, which is why he does not take them back. 

So here the seller has to grant the promised unconditional right of return. 

Question: “The seller has verifiably sent the goods (Track & Trace) but the package was stolen from my mailbox. Who is liable? ” 

Answer: With delivery in your mailbox, the risk of theft passes to you, because both the seller and the post office have done their job. In the case of registered mail, however, the post office or the relevant forwarding agent is liable. 

Question: “I have a nice replica of a Gucci bag. Can I offer this on MUSTBUY? ” 

Answer: No. The sale of imitations, fakes, copies, replicas, etc. is a trademark infringement and is not permitted on MUSTBUY. Your offer will be deleted and you will be warned. You may also be liable for damages or even criminally liable, even if you do not mention the brand name. 

Question: “I saw a product that looks very much like a fake.” 

Answer: The sale of fakes is not permitted on MUSTBUY. Please report offers recognizable as counterfeits sending us an email to [email protected]. In this context, we recommend our checklist for suspected counterfeiting. 

Question: “I bought a branded product that turned out to be a fake after buying it. How do I have to proceed? ” 

Answer 1: If a product turns out to be counterfeit only after purchase, give the seller a reasonable period (e.g., ten days) to perform their contract by delivering the promised (not counterfeit) branded product to you. 

Answer 2: With a written expert opinion from the manufacturer or specialist shop confirming the counterfeiting, you are entitled to the suspicion of buyer protection from MUSTBUY. 

Question: “I bought a branded product from abroad. Now it got stuck at customs because it was apparently a fake. How do I have to proceed? ” 

Answer: If a product has been recognized by customs as a counterfeit and confiscated, give the seller a reasonable period (e.g., ten days) to fulfil his contract by delivering the promised (not counterfeit) branded product to you. If he does not react, proceed as if he had not delivered the goods at all. 

If you are also billed by customs, the seller owes you a corresponding replacement, unless you knowingly purchased a counterfeit product. 

Question: “Can tickets be sold on MUSTBUY?” 

Answer: If a ticket is freely transferable to other people (e.g., concert tickets), sales are permitted, even if the sales price ends up being higher than the original price of the ticket. However, tickets on which authorized persons are named and disclosure of which has been contractually prohibited may not be sold. 

Buyer and seller must meet each other within 7 days of a successful purchase/sale. Often the seller already sends the necessary account details for a transfer in the text for end emails, which counts as sufficient contact. 

If the buyer or seller lacks information about the other party, which is necessary for the fulfilment of the contract, he is obliged to inquire at least twice by e-mail and once by telephone for 7 days from the conclusion of the contract. If these inquiries are unsuccessful within 7 days, the requesting party is entitled to withdraw from the contract. 

Question: “I have sold a product on MUSTBUY that was picked up by the buyer. Now he just doesn’t come by to pick up the goods” 

Answer: The buyer is obliged to collect the goods within 14 days. 

Question: “By when does an article have to be delivered if the offer defines ‘immediately available’?”

Answer: If advance payment has been agreed and the seller has noted “available immediately” as availability, the seller must deliver the goods within 14 days of receiving the advance payment. 

Question: “I have sold or bought goods on MUSTBUY, but the other party does not. I also don’t have an address or account number where I can send the goods or transfer the money. ” 

Answer: If one party does not provide information from the other party that is necessary for the fulfilment of the contract, it is obliged within 7 days of the conclusion of the contract to inquire about this at least twice by e-mail and once by telephone. If these inquiries are unsuccessful, the requesting party is entitled to withdraw from the contract after 7 days from the conclusion of the contract. The seller can also submit a request for a refund of the closing fees. 

Question: “I have paid the purchase price, but the seller does not deliver.” 

Answer: The seller must deliver the goods within 14 days of receiving the advance payment. In the case of a longer availability period, the corresponding days will be added. Please always wait for these deadlines first. If the delivery does not take place on time, you can proceed as follows: 

After 20 days, you have the option of sending a reminder to the defaulting seller in your MUSTBUY  user centre. 

If the delivery does not materialize, send him two written reminders, set him a realistic delivery time, and otherwise threaten to withdraw from the purchase contract. 

If the seller still refuses to deliver the goods, you have the following options: 

● You inform the seller in writing (by email is sufficient) that you are withdrawing from the contract and request the purchase price back.

● You can apply for buyer protection 30 to 60 days after the end of the offer. 

The vendor then needs to issue a refund manually through his own Stripe account: https://support.stripe.com/topics/refunds 
 If the vendor does not comply with our request to refund the amount owed to the buyer, his vendor account will be blocked, until the amount owed is refunded to the buyer.

If the vendor still does not issue the refund to the buyer, the buyer then has to initiate debt collection on a private basis, or get the money refunded through his payment provider / bank / credit card provider.

Question: “The seller stated absurdly high shipping costs in his offer. Do I have to pay for this? ” 

Answer: yes. From a legal point of view, your purchase is binding because the shipping costs were clearly stated. In the future, please report such sellers to customer service (before purchasing) so that we can take action against them. 

Question: “I bought several items from a seller. This now demands postage for each article. Isn’t he obliged to do a bulk mailing? ” 

Answer: No. Unless otherwise stated in the offer, he can request individual postage for each item. 

Question: “The buyer of my item lives abroad. Can I now ask for more postage than stated in the offer? ” 

Answer: yes. Unless otherwise stated, the postage details in the offer refer to shipping for Switzerland. You can ask buyers abroad for the shipping costs that are actually incurred. It is best to talk to the buyer about the choice of shipping method (A Mail, courier, etc.). 

Question: “I have purchased a product from abroad and have now received an invoice from Swiss customs. Do I have to pay for this? ” 

Answer: In the case of a seller with a registered place of residence outside of Switzerland / Austria / France and UK, as the importer of the goods, you have to pay customs duties and any VAT. 

If you do not see from the offer that the goods are being delivered from abroad (especially if the seller lives or is based in Switzerland), the seller has to pay for customs and VAT. 

Question: “Do I have to pay tax on the income I earn on MUSTBUY?” 

Answer: If you do business regularly and on a large scale through MUSTBUY, you have to declare the profit as income and pay tax on it. Income tax requirements can vary from canton to canton. Please contact your tax advisor or the tax authorities of your canton or municipality to find out more. As a Swiss seller, you are also subject to VAT if your sales of goods exceed CHF 100,000 per year. 

For UK see this link: https://www.gov.uk/how-vat-works

For EU see this link: https://europa.eu/youreurope/business/taxation/vat/vat-rules-rates/index_en.htm

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

Intense Luminosity GmbH

Heiletenweg 4

Sissach, Baselland 4450

Switzerland

Phone: +41 76 647 22 25

[email protected]

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