General Terms and Conditions
1. Easy Auktion
1.1. Easy Auktion GmbH, Däniken (EA), operates an online trading platform at www.easyauktion.ch for the sale of vehicles and construction machinery (including defective, accident-damaged, recovered stolen, and fleet vehicles). Any other use of the platform is expressly prohibited.
1.2. The platform is made available to interested parties as long as their offers, sales, or purchases do not violate legal regulations or these terms and conditions.
1.3. EA does not itself offer vehicles and is not a contractual party in agreements made between users on Easy Auktion. The execution of these contracts is solely between participants.
1.4. EA may shut down the platform with written notice and a 6-month notice period, without any obligation to perform.
1.5. By accessing the platform (login and password), users accept these General Terms and Conditions.
2. Use
2.1. Use of Easy Auktion requires registration. There is no entitlement to participate. EA makes the final decision regarding admission, extent of use, and continued access. Registration implies acceptance of these terms and agreement to receive emails, push notifications, and SMS.
2.2. Upon approval, participants receive a username (email address) and password. The password must be kept confidential. EA will not share passwords with third parties.
2.3. Access credentials are non-transferable.
3. Subject and Scope of the Usage Agreement
3.1. Users can only use the website and its features to the extent technically available. EA may temporarily restrict services for capacity, security, or technical reasons (e.g., maintenance), and will consider users' legitimate interests by giving advance notice.
3.2. Offers may not be used for personal commercial purposes during the auction period.
4. Usage Fees
4.1. Registration is free for both individuals and legal entities.
4.2. A usage fee of CHF 100.00 plus VAT applies per successful auction and is paid by the buyer only. Listing offers is permanently free for sellers. The fee is due within 3 working days of a successful bid.
4.3. Additional paid services (e.g., transport) may apply and are clearly indicated during bidding. These are due upon sale and are owed to Easy Auktion GmbH.
5. Offers
5.1. All vehicle data must be complete and reflect the actual condition.
5.2. The buyer’s bid is binding for 3 days after the auction ends. Significant errors in vehicle data affecting the price must be clarified with the seller.
5.3. If a buyer withdraws their offer, Easy Auktion GmbH will charge CHF 500.00 as a handling fee.
5.4. Published data on the platform is binding.
5.5. An offer does not entitle the bidder to purchase; the seller chooses the contract partner.
5.6. EA reserves the right to remove offers that violate these terms or applicable law.
6. Sanctions Compliance
6.1. Sellers strive to maintain ethical, law-abiding business practices.
6.2. Sellers do not conduct business with persons or companies on official sanctions/embargo lists (especially Swiss and EU lists).
6.3. Sellers expect their partners to comply with sanctions regulations.
6.4. Buyers agree to respect sanctions lists and will not export or resell vehicles to sanctioned countries or individuals.
6.5. Violations may result in immediate termination of business relationships and potential claims for damages.
7. Principles
7.1. EA may immediately terminate access for:
- Violations of listed offer rules
- Use of data for personal commercial purposes
- Missed payment deadlines
7.2. EA is not liable for user-posted data or contract fulfillment and offers no guarantees.
7.3. EA reserves the right to modify its rules, within reason, and will announce changes on the website.
7.4. Swiss Code of Obligations articles 394ff apply.
7.5. Sales take place exclusively within Switzerland; both buyer and seller must reside in Switzerland.
7.6. Jurisdiction is at EA’s registered office, if in Switzerland, or otherwise in Olten.
7.7. The German version of these terms is legally binding.
Däniken, February 22, 2024