Seller Terms & Conditions
SELLER AGREEMENT
This Seller Agreement constitutes a legally binding agreement made between My Eco Best Friend (“we,” “us” or “our”) hereinafter referred to as “MEBF”, and you, whether personally or on behalf of an entity (“you”). All persons or entities who wish to sell and supply Products to Customers or access or use this website must wholly accept this Seller’s Terms and Conditions (“Agreement”). BY REGISTERING FOR OR OTHERWISE USING THIS WEBSITE, YOU (1) ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT, AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND (2) REPRESENT AND WARRANT THAT YOU ARE EXPRESSLY AUTHORIZED TO BIND THE VENDOR TO THIS AGREEMENT.
SCOPE
My Eco Best Friend (“MEBF”) owns and operates a platform in Switzerland that allows Sellers from different countries in Europe to sell their products to residents of Switzerland over the internet. This platform is currently provided on the website myecobestfriend.com, but may be provided on Applications in the future.
The Seller will have the opportunity to sell their products on the MEBF platform. MEBF is entitled to accept purchases on behalf of the seller. The service provided by MEBF is limited to referring customers to the Seller and accepting orders and payments on their behalf. In addition to this at MEBF’s discretion they may provide the Seller with analytics about the performance of the Seller’s products and additional marketing support. This support may be reflective of the agreed level of commission.
The Seller authorizes MEBF to accept binding orders from customers on their behalf.
MEBF is not obligated to monitor the behavior of its members or Sellers in connection with the use of the Platform. In particular, MEBF is entitled, but not obligated, to monitor offers, texts and images published by its members or Sellers on its platform as to their legality or admissibility in any way. This applies in particular to the member and Seller rating system used by members under their own responsibility.
MEBF may carry out changes to the website or service, or suspend the service, without notice.
There is no right to registration, membership, use of the Platform or claim to services from MEBF. In particular, MEBF may at any time refuse a registration, exclude a member in accordance with section 15, prohibit a use or remove a service.
MEBF’S RIGHTS AND OBLIGATIONS
The Seller acknowledges that the relationship between customers and MEBF is governed by the privacy policy and the User terms and conditions, both available on the website.
MEBF will present on the website the products and services listed by the seller. The Seller will be responsible for listing their own products and services.
MEBF is authorized to accept binding sales on behalf of the Seller and will be careful to pass order data on to the Seller as well as technology allows.
In order to maintain its reputation for quality and high standard of service, MEBF reserves the right to terminate the relationship with the Seller if the Seller repeatedly receives bad reviews or complaints, or fails to comply with MEBF recommendations.
THE SELLER’S RIGHTS AND OBLIGATIONS
The Seller is obligated to provide all the information necessary when listing a product and services on myecobestfriend.com. This should include but is not limited to; a detailed title and sub-title, price, quantity, picture and description. The Seller must never knowingly deceive a potential customer by misrepresenting their products and services. The Seller must notify MEBF of any changes to the details of their listings uploaded on the site.
The Seller guarantees that information listed on MEBF relating to his products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
The Seller will be responsible for keeping an up-to-date inventory of all their products listed on MEBF.
The Seller guarantees that the information they provide does not violate any third party’s copyright.
The Seller will not contact the customers any more than is necessary for the processing of the transactions referred by MEBF. In particular, the Seller will not send any advertising emails or other commercial advertisements to the customer without prior agreement from MEBF. When delivering products and services sold via MEBF’s online store, the Seller will not advertise any of MEBF’s competitors.
The Seller will process orders and arrange delivery with reasonable care the moment a confirmation of sale is received through the MEBF site via email and/or text message. The delivery options and time indicated on their listing is binding, orders should be fulfilled and delivered within 5 working days. The Seller is required to ensure that their advertised products and services are available, to the best of their ability. Repeated stock-outs will result in the removal of the Seller and all of their products from MEBF’s platform.
If the seller lists the same products and services on any other online store, the price proposed on MEBF online store shall not be higher compared to those other online stores through which the same products and services were listed.
The Seller shall be responsible for all activities involved between sellers and customers including: listing products and services that are readily available for purchase, setting-up and managing stores, agreeing on Delivery/Shipping conditions with customers, inventory management, and, return and refund policy for all products and services.
The Seller will also state clearly on their sales page: the seller’s working days, opening and closing hours. The Seller shall ensure all times stated are correct and will be strictly adhered to.
The Seller will ensure a prompt response to all messages, order requests, requests for quotes at most within 3 hours from which the request was sent during working hours, and shall ensure all purchased products and services are shipped promptly and received by customers within 5 working days.
If the Seller cannot fulfill an order submitted to them, they must notify MEBF as soon as possible, at the latest, within 1 day of receiving the order.
The Seller agrees to adhere to their range of Products and Services, and prices as provided to MEBF and as described on their listing on the website. The Seller guarantees that there are no sales of Prohibited goods and services and no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the MEBF platform. The Seller further guarantees to take great care to keep up-to- date their range of products, stock count, prices and associated terms and conditions, including delivery fees.
The Seller’s representative is to provide MEBF with a copy of their valid Identity Card upon signature of the contract.
Interventions technical: The use of mechanisms, software or other systems that could interfere with the proper functioning of the website is prohibited. Members are not permitted to take any action that would result in an intolerable or excessive burden on MEBF’s infrastructure.
Sellers are not permitted to block, replace, or modify content generated by MEBF or otherwise interfere with the MEBF website in any disruptive manner.
The Seller will not attempt to damage or abuse another Seller, their listings or ratings, or attempt to influence customers’ ratings, feedback, and reviews.
The Seller must provide accurate information to MEBF and update the information if there are any changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.
The Seller must not attempt to divert MEBF client/customers to another website, by providing links or messages that prompt users to visit any external website or complete a transaction elsewhere.
Entries, texts and illustrations that a seller publishes in any form on the Platform (product descriptions, reviews, texts etc.), texts for end-of-transaction messages, personal messages, etc., or that they communicate in any other way on the Platform, must not in any way contain advertising for products that the seller themselves does not currently offer or will not soon offer for sale on the Platform.
The Seller ensures that offers and content (including photos/images) published on the Platform may not contain URL links or web addresses. Exceptions are offers in the form of classified ads as well as the exceptions mentioned in the general list of prohibitions.
The Seller warrants that they have good title to, and are the sole legal and beneficial owner of the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
For Booking services: the Seller shall clearly state on their sales page the rental agreement and conditions which the user can read before booking; and for Donation, the member will highlight the terms for such a donation on its sales page on MEBF’s website.
Violating the Obligations or any other MEBF policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges.
MINIMUM REQUIREMENTS FOR MEMBERSHIP
Exercise of civil rights
Only individuals or legal entities with full civil rights may become members of MEBF. Minors (under 18 years of age) may not be members of MEBF.
Personal data
The data entered at the time of registration must be complete and correct at all times, and in principle must include the following details: full name, date of birth, current home address, telephone number (no premium rate telephone numbers, e.g. 0900), a valid e-mail address. If a company is registered, the name of the contact person and the full company name must be given. In the event of changes, the Member is obliged to make the necessary corrections immediately in their personal user center so that the information is complete and correct at all times. MEBF may at any time request additional information for specific functions and/or carry out checks or waive such requests.
The user name chosen by the member at the time of registration must not be obscene, derogatory or offensive, nor must it contain details of an e-mail address or website, nor violate the rights of a third party.
RATINGS, FEEDBACK, AND REVIEWS
The Seller will not attempt to influence or inflate customers’ ratings, feedback, and reviews. The Seller may request feedback and reviews from their own customers in a neutral manner, but will not:
Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews.
Ask customers to write only positive reviews or ask them to remove or change a review.
Solicit reviews only from customers who had a positive experience from the seller.
Review their own products or competitors’ products.
CONFIDENTIALITY
Both parties are obliged to treat confidentially all of the content of this agreement, as well as all other information and data they acquire in connection with the partnership; and not use it for purposes outside the scope of this contract or pass it on to third parties.
All customer details received by the Seller during customer’s purchase of the Seller’s products and services must be treated confidentially and must not be revealed or transferred to any third party for any purpose. If the Seller receives a customer’s information such as addresses or phone numbers to fulfill orders, the Seller will only use that information to fulfill orders and must delete it once the order has been processed. The Seller will not use customer information to contact customers or share it with any third parties.
OPERATION OF MEBF PLATFORM
Insertions prohibited:
MEBF is entitled to prohibit the offering of certain products and product groups on its platform at any time, at its own discretion and without having to justify itself. A non-exhaustive, constantly updated overview of such products and product groups can be found on the general ban list. In the event of deletion of an entry due to prohibitions, the publication costs will not be refunded.
Published content, offers and auctions; categories:
MEBF is entitled to delete bids, offers, text and images on its website at any time without giving reasons. This applies in particular to bids published in an inappropriate category, as well as to bids, text and images that are obviously fanciful and infringe the rights of third parties. Such deletions do not give rise to any claims against MEBF.
In addition, MEBF is entitled to rename, subdivide, group, delete or create categories of offers and to move current offers to another category or to delete them without prior notice or reason.
Non-compliance with the MEBF terms and conditions
MEBF shall be entitled to issue a warning to the Seller if there is tangible and credible evidence that the Seller has violated the terms and conditions. In particular, MEBF shall have the right to issue a warning to the Seller if there is tangible and credible evidence that the Seller has intentionally breached its contractual obligations to MEBF.
MEBF further reserves the right to expel a member (above: Membership / Termination of Membership by MEBF).
Changes to the duration of an offer:
MEBF shall have the right, but not the obligation, to extend or shorten the duration of an offer if it is deemed necessary for the proper execution of the offer. (See Technical Malfunctions/Maintenance)
COMMISSION
The Seller shall pay 10% commission fee on any sales of products and services, Quote Requests and Donations made through the MEBF platform. For full details on how MEBF commission is calculated and earned, the seller should refer to the Commission Terms and Conditions on the website.
SALE AND PURCHASE OF PRODUCTS
9.1 A purchase confirmed between a Seller and a Buyer on the MEBF Platform in accordance with the following provisions constitutes a legally binding purchase contract between the involved Users for which they are acting, based on the terms and conditions agreed by these parties, including any terms and conditions posted by a Seller or, subject to Section 9.2(a)(vi) below, a Buyer.
9.2 MEBF offers two modes of purchasing a service and products: “Instant Deals” and “Quote Request” which operate according to the following procedures and requirements.
(a) Instant Deals
(i) The Seller may offer products by way of an Instant Deal on their listings to indicate that a certain number of packages of a product are available for purchase and shipping with a fixed price and guaranteed availability. Offering products by way of an Instant Deal shall not constitute a binding purchase offer by the Seller but only a request to the Buyer to make an offer (invitatio ad offerendum).
(ii) Activation of a product listing for Instant Deals requires that relevant package information, prices and availability of the respective products are provided by the Seller.
(iii) The Seller shall ensure its ability to provide the available quantity of packaging level as indicated in the product listing. The number of available packages of a certain product is automatically reduced by MEBF Platform upon the conclusion of each Instant Deal involving the product in question. The Seller shall be solely responsible for monitoring product availability, for replenishing its stock of products and for updating the availability of packages accordingly in the product listing to ensure that the indicated quantity is always actually available.
(iv) All quantities available by way of an Instant Deal option have to be ready for immediate dispatch by the Seller.
(v) The Buyer selects the number of packages to buy, puts them in their cart and proceeds to the checkout.
(vi) Any purchase of products by way of an Instant Deal is solely based on the Seller’s terms and conditions. The Buyer’s terms and conditions do not apply.
(vii) If the Buyer needs the Seller products for instant deal, the transaction proceeds with the checkout. The Buyer proceeds by clicking on “Buy” button (or triggering any other similar mechanism as may be implemented in the checkout process at the relevant time) which constitutes a binding offer by the Buyer to the Seller to purchase the products selected by the Buyer. After checkout, the purchase is either confirmed and the Buyer’s offer is accepted by the Seller via an e-mail confirmation sent by MEBF to both the Buyer and the Seller, or it is rejected by the Seller, in which case the Buyer is notified by e-mail of such rejection.
(b) Quote Request
(i) In the Quote Request mode, the Buyer addresses an individual Seller by specifying the required quantity and delivery date of certain products & services and can propose a price as a basis for negotiation with the respective Seller. The Quote Request will first be received by MEBF and then sent to the Seller. The Quote Request mode is available for all active product and services listed on MEBF. A Quote Request shall not constitute a binding purchase offer by the Buyer but only a request to the Seller to provide a non-binding quote.
(ii) The Buyer and the Seller may discuss the details of the request in a chat via the MEBF messaging function. The Buyer and the Seller are encouraged to agree all the relevant details of the quote (e.g., price, quantity, delivery date, applicable Incoterm, shipment cost, duration of the quote, etc.) during the chat conversation until the Seller provides a quote to the Buyer which the Buyer may accept or reject. Such an accepted quote shall only serve to set out the agreed commercial terms, but shall not create any obligation of the Seller to sell or of the Buyer to purchase any products.
(iii) If the Buyer selects the Seller’s quote before its expiration to purchase products on that basis, the transaction proceeds with the checkout. Indication by the Buyer of the definitive decision to purchase products based on such quote by clicking the “Buy” button (or triggering any other similar mechanism as may be implemented in the checkout process at the relevant time) constitutes a binding offer by the Buyer to the Seller to purchase the products selected by the Buyer based on the Seller’s quote. After checkout, the purchase by way of a Quote Request is either confirmed and the Buyer’s offer is accepted by the Seller via an e-mail confirmation sent by MEBF to both the Buyer and the Seller, or it is rejected by the Seller, in which case the Buyer is notified by e-mail of such a rejection.
(iv) Purchase details in the Quote Request mode (in particular prices and quantities) are only visible to the Buyer and the Seller who are party to the transaction.
BOOKING/RENTALS
Our booking services will include: Accommodations, Attractions, Car Rentals, Flights, Private and Public Transport, and various other items that are made available for booking by the Seller.
10.1 MEBF acts as an intermediary only and does not offer or sell any of the services on the MEBF Platform, nor does it have possession of any such products and services or verify their quality. MEBF is not party to and has no responsibility or liability under any of these agreements or in relation to any of these services.
10.2 Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.
10.3 When the Buyer is making a Booking, the Buyer accepts all the applicable policies as displayed in the booking process by the Seller. The Buyer will find each Seller’s cancellation policy and any other policies (regarding age requirements, security/damage deposits, additional supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.) on the Seller’s page Platform during the booking process.
10.4 If a buyer cancels a Booking or fails to show up when required, any cancellation/no-show fee and any refund will depend on the Seller’s cancellation/no-show policy.
10.5 Some Bookings cannot be cancelled free-of-charge, whilst others can only be cancelled free-of-charge within a specified time period.
10.6 If the Buyer makes a Booking by paying in advance (including all price components and/or a damage deposit if applicable), the Seller may cancel the Booking without notice if they are unable to collect the balance on the date specified. If the Seller cancels a Booking, any non-refundable payment made by the Buyer will only be refunded at the Seller’s discretion. It is the Buyer’s responsibility to make sure the payment is completed on time (that your bank, debit card or credit card details are correct, and that there are funds available to cover the payment).
10.7 If the Buyer is unable to show up on time, the Buyer should contact the Seller and inform the Seller when they will be available to avoid a cancellation of the Booking. MEBF is not liable for any consequences (e.g. the cancellation of Booking, or any fees the Seller may charge the Buyer).
DONATIONS
11.1 Nonprofits are eligible to register as a Registered User and benefit from the Services provided by MEBF via its Website. For the avoidance of doubt, once the registration process is complete, the Registered User will be deemed as authorized by the Nonprofit unless there is evidence indicating fraud, as determined by MEBF.
11.2 MEBF receives Donations made through the Website. Donations are made to MEBF and not to Nonprofits. When making a Donation, Donors may request how they wish the funds they have donated to be allocated to projects listed on the Website. MEBF acknowledge such requests from Donors and while they will endeavor to ensure that Donations reach the project chosen by the Donor, MEBF’s trustee’s retain sole discretion regarding the onward distribution of Donations to Nonprofits (so as to ensure appropriate handling and compliance).
11.3 By completing the registration process, you agree and acknowledge that:
MEBF retains full control over the Donations and the Donations will be allocated to MEBF’s general fund if (without limitation):
a project is retired or fully funded;
MEBF receives a Donation without reference to a specific project or campaign;
a Nonprofit does not provide correct disbursement information within a reasonable timeframe after at least two reminder emails having been sent to the Nonprofit to update or provide such disbursement information;
a Nonprofit, through the Website, raises less than CHF 100 net of any fees payable by the Nonprofit to MEBF pursuant to Section 8 of these agreement; or
MEBF conducts an investigation of the Nonprofit and on the basis of the results of such an investigation, decides to remove the Nonprofit from the Website.
MEBF reserves the right to refuse to accept any Donation;
the Nonprofit and/or its projects may be included on MEBF’s associated websites including any partner or client websites;
some Donors may use filter options on the Website (e.g. by a specific theme, region, size of projects, etc.) which may result in some of a Nonprofit’s projects not being seen on the Website by such Donors;
Nothing in these Terms of Service shall constitute or be deemed to constitute a joint venture, partnership or agency relationship between MEBF and the Nonprofit and the Nonprofit is not authorized to enter into any commitments for or on behalf of MEBF.
11.4 MEBF reserves the right to decline any registration, terminate any grant, and refuse or suspend Nonprofits or individual projects from being listed on the Website for any reason without further explanation. At the time of registration and at least every two years thereafter, MEBF will undertake such checks as are necessary to verify or re-verify the identity and objectives of the Nonprofit.
11.5 If MEBF decides to transfer Donations made by Donors to the Nonprofit, you acknowledge that MEBF will not be able to process such transfers until:
you have completed the registration process, and have been accepted by MEBF as a Registered User, have an account accessible via the Website (“MEBF Online Account”) and if required by MEBF, have a publicly visible account (“Project Page”); and
MEBF’s systems have been updated to show that the Nonprofit is a Registered User and the Website has been set up to process payment transactions for the Nonprofit as a Registered User.
11.6 MEBF Obligations
11.6.1 MEBF will operate the Website and provide the Services so that Donors can make online Donations on the Website.
11.6.2 Where MEBF has received Donations and MEBF has resolved to distribute such Donations to a Nonprofit at its discretion, it will hold the funds on the Nonprofit’s behalf until they are paid out in accordance with these Terms of Service. You will not earn or be paid interest on the sums that MEBF holds and/or processes for you.
11.6.3 MEBF will use commercially reasonable efforts to collect, protect and secure the personal details of Donors in accordance with applicable data protection laws.
11.6.4 MEBF works to ensure the privacy of its Donors. For this reason, the physical addresses of Donors are not available. MEBF will, however, display the names and email addresses of Donors that have not elected to remain anonymous. MEBF will not provide the names and email addresses of Donors that have opted for anonymity during the check-out process. MEBF does not allow the usage of Donor email addresses from the MEBF platform. A Nonprofit may however, ask Donors to opt-in to its organization’s mailing list by linking a subscription form using MEBF’s “thank you note” tool. The Nonprofit and its members acknowledge and commit to securing Donor privacy and agree that no Donor information will be redistributed to a third party and that no Donor information will automatically be added to the Nonprofit’s mailing lists of any kind.
11.7 Nonprofit’s Obligations
11.7.1 The Nonprofit shall ensure that:
all Donations received will be used only for the project specified and in accordance with the project description posted by the Nonprofit on the Website or as set out in the written proposal submitted to MEBF, and not for any other purpose.
all Donations received must be used within two years from the date of receipt of such Donations;
it will inform MEBF if it receives Donations that it reasonably knows it is not entitled to receive;
any Donations paid through the Website or offline are used by the Nonprofit in accordance with any stated purpose or specific fundraising appeal and it shall be the sole responsibility of the Nonprofit to ensure that Donations received by it are used for the stated purpose or appeal and MEBF will not be responsible for the use or non-use of any such Donations;
the content it posts for display on the Website, including any links to other websites and the content of linked websites, will not be false, misleading, inaccurate or deceptive or violate any law or regulation or be defamatory, obscene or breach any intellectual property rights of a third party or breach any right of, or duty owed to, a third party;
all of the details provided in connection with its MEBF Online Account and all of the content generated on the Website by or on behalf of the Nonprofit is kept accurate and up-to-date;
it will notify MEBF if a project receives its total budget, including Donations received from MEBF and any other sources unrelated to MEBF;
it will complies with all relevant data protection legislation and guidelines; and
it maintains the confidentiality of the Registered User’s Website login and password; and
it will only post projects and appeals that adhere to the Code of Fundraising Practice.
11.7.2 The Nonprofit will be responsible for full use of the Website under its Registered User’s login and password whether or not such use is authorized by the Nonprofit. Each Registered User must notify MEBF immediately of any unauthorized use of such Registered User’s login or password.
11.7.3 Any actual or attempted use of the Website by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud for Commercial Gain Art. 147 para. (2) Of the Swiss Criminal Code of 21 December 1937. MEBF reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Website. MEBF may share any User Information it obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. MEBF will also disclose User Information as required by any court order and/or subpoena.
11.7.4 Nonprofit must comply with any document requests made by MEBF at any time to verify use of funds, confirm programmatic activity or for other due diligence purposes.
11.8 Payments to the Nonprofit
11.8.1 Receipt of Donations: Donations made to projects on the Website are made to MEBF and re-granted at MEBF’s absolute discretion to Nonprofits.
11.8.2 Processing of Donations: Donations that MEBF decide to grant to a Nonprofit will be processed and held by MEBF (as applicable) on the Nonprofit’s behalf and MEBF may refuse to process and hold Donations if it is not reasonably satisfied that:
the transaction is legal and not related to fraudulent activities of any kind;
the Donations have been properly authorized; or
the information on which MEBF (as applicable) is basing the transfer is correct.
11.8.3 Payment Schedule for Donations paid through the Website: MEBF will transfer cleared Donations that it has received and resolved to pay to a Nonprofit, which were made during the previous month including other pending funds received during the previous month (the “Funds”), to the Nonprofit on or around the 25th of the month. By way of example: Funds raised in June will be sent to an organization on or near the 25th of July. In relation to Funds being remitted outside of Switzerland, MEBF will only remit the Funds if they exceed CHF 250 in value (the “Transfer Minimum”). The essence of the Overseas Transfer Minimum is to help reduce the overall cost of wire fees, the negative effects of chargebacks and donation reversals.
11.8.4 Bank Details: The bank account information you provide MEBF as part of the registration process will be used for executing all future transfers that MEBF makes to you, unless you inform MEBF otherwise or if a transfer is rejected by the recipient bank. You are responsible for ensuring that MEBF is kept informed of the correct and up-to-date details. Any changes to the details must be submitted through the Registered User’s online MEBF Online Account by an authorized representative of the Nonprofit and within a sufficient period of time before a transfer is due to be made. If you provide us with (or let us continue to use) incorrect or out-of-date information, we will not be responsible if the payment is not made, is delayed or is made incorrectly.
11.8.5 Refunds: If after a Donation has been transferred by either MEBF to your account, such Donation is thereafter rejected or reversed for any reason, including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud, in whole or in part, you will be liable to refund the rejected Donation amount in full to MEBF (as applicable). You hereby authorize MEBF (as applicable) to deduct any such amount and any directly related out-of-pocket expenses and reasonable administrative costs incurred by MEBF in this context from your MEBF Online Account. If this is not possible, you are liable for reimbursing MEBF (as applicable), and the amount shall be treated as a debt.
CUSTOMER ONLINE PAYMENT
In case of an electronic payment by the customer (e.g. by credit card or debit card), MEBF collects the payment for the relevant order in MEBF’s name on behalf of the Seller, and pays it out to the Seller according to the invoicing agreement after the sale has been concluded.
The Seller will keep receipts of deliveries to customers for at least 13 months and make those available on request. In case of problems that may cause the order to be rescinded, or in case of a delivery failure, the Seller must immediately notify MEBF by phone so that the credit card payment may be cancelled.
LIABILITY
The Seller indemnifies MEBF from all claims arising in relation to matters outside MEBF’s control, including but not limited to the quality of the goods and services provided by the Seller. The Seller further indemnifies MEBF from any third parties’ claims resulting from any violation of laws and regulations by the Seller.
Technical malfunctions / Maintenance:
MEBF assumes liability only for the temporary unavailability of its website/platform, for failure of an individual or all functions of the website or for malfunctions of the website resulting from willful misconduct or gross negligence on its part. In particular, in the case of slight negligence, MEBF assumes no liability for technical problems that result in bids or offers being accepted or processed late or incorrectly. In particular, MEBF does not guarantee that the system time is accurate to the official time.
Due to maintenance or other necessary work, the MEBF website may be partially or completely unavailable for a certain period of time. This does not give users or members the right to make any claims against MEBF.
Contents and offers:
MEBF is not required to verify offers, ratings or other information posted by members on its platform; MEBF expressly assumes no responsibility for:
the accuracy and conformity of the layout of the offers
the quality, safety, legality or availability of products offered for sale
the ability, authorization and willingness of the members to make offers, purchase, deliver, pay or otherwise perform the contract.
Members:
In particular, MEBF excludes any liability for damages suffered by members or third parties as a result of the use or abuse of the platform by other members or third parties.
Interconnected websites:
MEBF makes no warranty and assumes no responsibility for the timeliness, accuracy, legality, completeness or quality of the content of websites accessible via a link on MEBF website.
VAT liability rests with the Seller; and MEBF will not be responsible for any VAT issues.
LICENCE
MEBF has the right to freely maintain the Seller’s listing and its ranking on the website. MEBF offers customers the opportunity to give ratings and reviews of the Seller’s products and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. MEBF reserves the right to delete ratings and reviews.
MEBF will scan, transcribe, and publish online the Seller’s listings, logos and other materials required. The Seller grants MEBF a royalty- free, perpetual, unrestricted license to use and distribute any materials provided by the Seller, for the purpose of advertising MEBF’s service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.
START AND TERMINATION OF MEMBERSHIP
Start: Membership begins with the sending of the confirmation email by MEBF, once the member has registered and accepted the T&C.
Termination of Membership by Member: A member may terminate their membership at any time by sending an e-mail to the MEBF customer service email address. The conditions for such termination are as follows:
the member no longer offers any products for sale on MEBF.
the member is not participating in an ongoing auction.
If any of these conditions are not met, the termination is not valid. MEBF’s customer service confirms the termination by sending an email to the Member and blocks the corresponding account. Any reviews given and received by the Member will continue to appear on MEBF after the termination of the membership.
Termination of membership by MEBF: For factual reasons, in particular in the event of non-compliance with the Terms and Conditions, MEBF is entitled to exclude a member at any time (i.e., terminate membership), prohibit use or remove a service, without the member in question being able to make any claims against MEBF. MEBF is entitled to block a member temporarily or exclude them permanently if it appears likely that another member who has already been blocked or excluded (e.g., family members or roommates) is transacting through this account or if there is a justified suspicion that the member has violated the rights of third parties.
In the event of exclusion, the costs of closing, publication and publication options as well as any reminder costs and compensation remain due.
Any evaluations given and received by the member continue to appear on the platform, even after termination of their membership.
Excluded members are not allowed to re-register as members on the MEBF website, either under their own name or another name, without MEBF’s prior approval. In the event of non-compliance with this clause, MEBF will charge a fee of CHF 100.00 to the offender.
The right to immediate termination in particular covers the case where the Seller repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the Seller’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
MISCELLANEOUS
If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
MEBF reserves the right to modify their general terms and conditions without giving any justification. In that case, MEBF will give the Seller adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
The changed terms and conditions are considered agreed by the Seller if they do not object to them in writing within 2 weeks of receiving notice of the changes.
Any terms and conditions of the Seller are not part of this agreement unless MEBF expressly agrees to adhere to them in writing.
RELATIONSHIP BETWEEN SELLER AND BUYER
17.1 General
MEBF assumes no responsibility for compliance with the principle of good faith between members in transactions conducted on its platform. In particular, MEBF assumes no responsibility for compliance with contractual obligations between Sellers and Buyers.
17.2 Insertion procedure for auctions, fixed price or direct purchase price
17.2.1 Binding nature of the seller’s offer:
As long as no offer has been made against the Seller’s offer, the Seller is entitled to delete their own offer and thereby withdraw it.
As soon as an offer has been made in relation to their offer, the Seller is bound to this offer.
17.2.2 Form of the offer:
The offer can only be published in the template provided and on the page of the appropriate category. Offers published in any other form, e.g. by e-mail, are not valid and must be ignored.
17.2.3 Binding nature of offers:
By placing a bid, the Bidder commits to purchase the product offered for sale under the conditions defined by the Seller or agreed individually with the Seller (terms of payment, transport, delivery, etc.) if their bid is the highest at the end of the auction. The Bidder is bound by their bid as long as no one else has outbid them.
It is not possible to change or withdraw a bid. In the case of multiple auctions, a bid is eliminated only when higher bids exhaust the number of items offered for sale. If another Bidder bids for only some of the items for which the first Bidder has made a bid, the first Bidder is obliged to buy this smaller number of items at the corresponding price.
If a bid is deleted, the bid that follows it only takes effect with the explicit consent of the bidder concerned.
If the description of a bid is changed after one or more bids have been made and the change does not add value to the product described, the bidder with the highest bid at that time or, in the case of a multiple auction, the Bidders whose bids would be highest if the sale were concluded, is/are entitled to withdraw their bid(s). In this case, we ask the Bidder(s) to send an e-mail to the MEBF customer service email address.
17.2.4 Binding nature of a bid to unsuccessful bidders:
At the end of an auction, the Seller is entitled to make an offer to the Bidders who did not win the auction. Such a bid, for an identical product, shall match the bids made by the above-mentioned Bidders.
Such a bid will be valid for the period chosen by the Seller (between 1 and 7 days) and the product may be withdrawn by the Seller at any time prior to receipt of a statement of acceptance sent by the Buyer. During this period, the item cannot be offered or sold elsewhere.
17.2.5 Conclusion of the contract:
At the end of the bidding period, a sales contract is automatically concluded between the Seller and the Bidder to whom the product has been awarded.
If a Bidder makes a bid corresponding to the “Direct Purchase” or “Fixed Price Item” price, a sales contract is automatically and immediately concluded between the Seller and said Bidder.
17.2.6 Content of the contract
The content of the contract concluded is based on the description of the product made by the Seller (including additions, for example, details published by the Seller), the conditions defined by the Seller, as they were visible in the offer published on MEBF at the time of the award to the Buyer, and any agreements made between the two parties before the conclusion of the contract.
In return for payment of the purchase price, the Seller is obliged to grant the Buyer possession and ownership of the product free of encumbrances and third-party rights. Exclusions of liability in this respect are not admissible.
The effects of the Seller’s MEBF costs on the Buyer are not accepted and therefore do not form part of the contract.
The price is always inclusive of VAT, unless the Seller delivers the goods to the Buyer directly from abroad. In this case, the Seller is obliged to clearly point out all additional costs, such as VAT, customs duties, etc.
The product description is an integral part of the contract, i.e. the Seller guarantees that the product has all the qualities and properties described in the offer.
If certain information does not constitute a guarantee, the Seller is obliged to state this clearly and expressly in their offer.
The Seller is liable for defects in the goods, i.e. defects not described which significantly impair the value or use of the goods for their intended purpose. In particular, the Seller is liable for the proper functioning of a sold device, unless otherwise described.
The risk of loss of the product is assumed by the Buyer at the time the product is shipped or handed over to them. Any recycling fee is included in the purchase price and therefore does not have to be paid additionally by the Buyer.
All disputes arising between the contracting parties in connection with the offer shall be governed by Swiss law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
17.2.7 Execution of the contract:
Both contracting parties undertake to comply with the obligations arising from the sales contract in full and on time.
Contrary to the legislation in force in the EU countries, the consumer does not (yet) have a right of revocation in Switzerland.
The execution of the contract is the responsibility of both parties; the execution of the transaction is carried out according to the respective contractual conditions. This applies in particular also to the due date of the individual contractual performances (i.e. the time from which the actual performance is requested and can also be legally demanded).
Each party is obliged to provide the other party, within 5 days of the conclusion of the contract, with the data necessary for the contract to be fulfilled. This applies in particular to postal or bank details, if the Seller has offered payment by postal or bank transfer in its payment terms and these details are not included in the Seller’s “Transaction completion message”.
If either party lacks information from the other party which is necessary to fulfill the contract, the first party is obliged to request this information from the second party within 5 days of the conclusion of the contract at least twice by e-mail and once by telephone. If these requests remain unanswered, the requesting party is entitled to withdraw from the contract within 5 days of the conclusion of the contract.
The contractual service due must be provided in full and in due form within 14 calendar days of receipt of the information required for the provision of the service. The contractual partner must also provide the service due in full and in good order within 14 calendar days of receipt of the information required to provide the service. This period of 14 calendar days shall also apply in the event of collection of the goods from the Seller against cash payment.
17.2.8 Withdrawal
If a member does not provide the services to which they are obliged despite repeated requests, the contractual partner is entitled to withdraw from the contract and to demand back all services already provided. This does not apply if the contractual partner has failed to perform the services themselves (e.g. the contractual partner has not shown up at the appointment for the delivery of the product or the member has not provided their bank or postal data despite repeated requests).
17.2.9 Product Defects
If a product is found to have a defect not mentioned in the description of the offer and if this defect substantially or completely reduces the value or the proper functioning of the product in relation to its intended use, the Buyer is obliged to inform the Seller within 5 calendar days of delivery of the product and to demand repair at the Seller’s expense. The same shall apply if the product lacks a property mentioned in the description of the offer.
The above paragraph does not restrict any other warranty rights (e.g. longer periods of complaint or manufacturer’s guarantees).
The Buyer shall endeavour to bring the product to the Seller’s service point or to send it to the Seller at their own expense. If the Seller does not react to the Buyer’s notice of defect or if the repair carried out does not achieve the desired result, the Buyer shall be entitled, in accordance with the Swiss Code of Obligations (in particular Art. 205/206 CO), to rescind the sale (redhibitory action), to demand compensation for the loss in value (reduction) or to demand other admissible items of the same kind (replacement).
MOBILE DEVICES
MEBF may allow its members to access offers and content on the MEBF’s sites and to participate in auctions or conclude the contract using a mobile device. MEBF reserves the right, however, to exclude from this possibility certain content, services or functions, which are available on the MEBF site. In particular, certain publishing options may not be displayed correctly when accessed via a mobile device.
MEBF may in future provides its members with special programs (e.g. iPhone application) for mobile access to the MEBF website. The right to use these programs is subject to acceptance of the separate terms of use and license.
MEBF has the right to modify and technically adapt the offers and contents of the Members programs so that they can be displayed on mobile devices.
Members are aware that the appearance of offers on mobile devices may differ from that of the offers on the MEBF website. Despite this, members remain bound by offers or the conclusion of a contract, made via a mobile device in the same way as if this offer or contract had been given, respectively concluded via the website.
TRANSFER OF RIGHTS AND OBLIGATIONS
MEBF reserves the right to assign to a third party or to have a third party perform all or part of the rights and obligations under these terms and conditions.
Membership and all rights and obligations of the current or former member to MEBF are not transferable by such member.
COMPENSATION
If other members, users or third parties bring a legal action against MEBF due to a violation of their rights by offers or content published by a Seller or member or due to other use of the MEBF’s website by a member or user, that Seller or member or user releases MEBF from all such claims and shall bear the costs of MEBF’s defense (including court costs and attorney’s fees).
By Registering and Signing Up on the website “www.myecobestfriend.com”, you hereby agree to the terms and conditions as stated above.
APPENDIX
PROHIBITED LIST
REMARKS PRELIMINARY
MEBF maintains and updates this non-exhaustive and constantly updated list of bans on products whose sale violates legal requirements, is immoral or violates MEBF’s generally applicable principles and whose sale is prohibited without MEBF’s express consent. MEBF is entitled to delete such offers. In addition, MEBF may also delete offers that contain insufficient or misleading information.
Although this list of prohibitions provides for exceptions (meaning that the sale is permissible in certain well-defined cases), MEBF reserves the right to deviate from these exceptions. Unless otherwise stated, all provisions apply to all offers published on MEBF platform. In case of uncertainty, please contact our customer service first.
RIGHTS OWNED BY
It is not permitted to take any action on MEBF that infringes on the rights of third parties in any way. This includes copyrights, trademark rights, design rights, patent rights, personality rights, data protection rights, competition rights and other protective rights of third parties.
MEBF supports the holders of protective rights. The latter can inform MEBF of offers that have infringed their rights and can have these offers deleted.
2.1 Intellectual property rights (intangible assets)
Offers, texts and visual presentations that a member publishes in any form (offer descriptions, reviews, entries in the “Questions & Answers” function, etc.) on MEBF website or otherwise communicates via MEBF website do not infringe any trademark rights, copyrights, copyrights or other intellectual property rights. The offers, texts and visual presentations that a member publishes in any form (offer descriptions, evaluations, entries in the “Questions & Answers” function, etc.) on MEBF’s website or otherwise communicates via the MEBF website do not infringe the trademark rights, copyrights, design rights and patent rights of third parties in any way.
The member may only use and publish on the MEBF website images and texts that they have created or whose use has been explicitly authorized by the copyright holder.
If there are doubts about the originality of an item, MEBF reserves the right to request proof of originality from the Seller and/or to cancel the offer.
Examples:
Piracy products such as imitations, counterfeits (e.g. watches, jewelry, clothing)
Use of concepts such as Replica, Fake, Style, Design, 1:1, etc. which show that a branded product has only been copied/imitated
Use of photos not taken by the member themselves without a corresponding license from the right holder
Articles bearing the registered trademark “Louis Vuitton” that were not manufactured by Louis Vuitton
Offering home training bicycles that do not bear the registered trademark “Spinning” for sale as “Spinning Bikes”, for example
All offers that give the impression of original merchandise, e.g. Armani Style sunglasses, “inspired by Versace”, etc.
Where a trademark name appears in the title and/or description of the article, but the article is not actually of that trademark (e.g. “no Gucci”, “not a BMW” or “Prada” when it is not a Prada article, etc.), the trademark name may be used as a reference. ). Exceptions to this are in principle offers which do not use the trademark with the aim of violating trademark law, nor with the aim of misleading the interested parties, nor with the aim of an unfair competition purpose in the title or description of the article (e.g. IPhone case, not suitable for Nespresso machines, etc.)
Data media and photocopying
Media on which the member has recorded or printed content belonging to third parties, such as CDs, DVDs, VHS, hard disks, flash memories, e-readers, photocopies and other types of describable media, may not be sold on MEBF without the express consent of the right holder.
Examples:
Software collections (also freeware and shareware, e.g. from the internet)
Media files/media collections burned by the member themselves (photos, music and/or films)
Stolen copies of all types (VHS, DVD, CD-ROM, etc.)
Bootlegs
IPhones/IPods/hard disks etc. not fully recovered (deleted)
Photocopies of books, course documents or school courses
Exceptions:
The sale of blank CD-ROMs as well as the sale of original data carriers which have been read by their right holder on broadcast media is permitted. The sale of blank CDs, DVDs and MP3 players is only permitted if the remuneration rights (blank media levy) have been paid by the importer.
2.2 Rights of the personality
Offers, texts and visual presentations that a member publishes in any form on MEBF website (offer descriptions, reviews, entries in the “Questions & Answers” function, etc.) or otherwise communicates via MEBF’s website shall not infringe the personality rights of third parties and/or violate data protection law. In particular, members are not permitted to use any information that they publish in any form on MEBF website (offer descriptions, reviews, Q&A entries, etc.) or that they communicate in any other way via MEBF website in any way that infringes the personal rights of third parties and/or violates data protection law. In particular, they may not be offensive, obscene, defamatory, intrusive, dishonorable, disparaging of others, disparaging of others, damaging of others’ reputation, etc.
PROHIBITED PRODUCTS
3.1 Addresses of any kind as well as personal data
It is prohibited to offer lists or documents on MEBF that contain addresses or other data relating to specific or specifiable persons (natural and legal persons).
Examples:
Addresses of traders, suppliers, manufacturers
Mailing lists
Bank customer data
Personal data, telephone numbers, e-mail addresses or other information used to
Personal identification.
Other addresses
3.2 Archaeological cultural property (finds/objects)
Archaeological cultural goods may not be sold on MEBF unless the Seller has a certificate of legality issued by the authorities stating that the object is indeed legal to trade. This certificate must be reproduced in the offer in such a way that it is clearly legible.
As a general rule, certificates of legality can only be issued for archaeological finds which can be proven to predate the introduction of the Swiss Civil Code (CC; SR 210). For objects with no indication of provenance or from abroad, it is not possible to establish a certificate of legality. Mere customs declarations of export, etc. do not yet constitute certificates of legality within the meaning of this principle.
Archaeological cultural goods are objects of historical, artistic or scientific importance.
Examples:
Coins, weapons, tools, ceramics (vases, etc.), jewellery, sculptures, manuscripts
Sacred objects such as relics
3.3 Medicines and medical products
It is not permitted to sell medicines and medical products as defined by the Therapeutic Products Act on MEBF.
Examples:
Prescription drugs
Contraceptive pills or similar substances
HIV/AIDS testing
Sexual performance enhancing pharmaceuticals (e.g. Viagra)
Cuts II weight loss product
Dewormers
Salvia divinorum (can only be sold as a condiment. As a tobacco substitute, this product is licensed)
B2UP gum
Poppers or similar substances
Hoodia
Ruyan
Nicotine replacement products (e.g. nicotine chewing gum)
Spaglog
Spagyric medicines
Tiger Balm
Schüssler salt
3.4 Certificates and licenses issued by official authorities
It is forbidden to offer official identity documents, permits and extracts from registers on MEBF.
Examples:
Official documents issued by the authorities such as driving licenses, passports, identity cards, permits, licenses.
Falsified identity documents and all materials used to make such documents.
Birth certificates or extracts from the commercial register.
Documents allowing the abuse of certain titles (academic degrees, official titles or distinctions) and professional titles (doctor, master, etc.).
3.5 Motorway vignettes (used)
It is forbidden to sell motorway toll stickers that have already been used.
The Swiss motorway sticker is an official identification sign which, once affixed, is only valid for the vehicle for which it was originally intended. If a motorway tax sticker has been removed from a vehicle, its validity must be considered null and void. It is forbidden to manipulate invalid stickers or new stickers (e.g. with adhesive sheets) in order to make them appear valid. If the vehicle has used the motorway without having affixed the sticker properly, it will also be considered invalid.
Manipulation of this kind constitutes an offence within the meaning of Art. 245 (1) Para. 2 and Art. 245 (2) of the Swiss Criminal Code of 21 December 1937 (SPC; SR 311.0). Persons who acquire such a motorway vignette are also guilty of this offence. In this case, the persons concerned will be punished with a custodial sentence of up to three years or a pecuniary penalty.
3.6 Decoding/decryption software and hardware from decoding/decryption
It is prohibited to sell decoding and decryption tools on MEBF that allow unauthorized access to secure areas, company secrets, encrypted data, etc. or that have the sole purpose of neutralizing or bypassing technical measures for the protection of copyrighted works (e.g. copy protection).
Examples:
Hardware or hacking software.
Software to unlock SIM cards.
Hardware for unlocking SIM cards (e.g. Griffin Box, Tornado Flasher…).
Software for copying copy-protected CDs or DVDs.
Decoders for Teleclub, Premiere, etc.
Devices for resetting the mileage of tachographs.
R4 cards for Nintendo DS/DSI.
M3 cards, etc.
3.7 Drugs and other mind-altering substances
The sale of drugs as defined in the Narcotics Act and any other consciousness-altering substances is prohibited at MEBF. This prohibition also applies to objects that enable the production and/or consumption of consciousness-altering substances (with the exception of objects that are traditionally intended for the consumption of tobacco products).
Examples:
Any type of product that falls under the drug law (heroin, cocaine, XTC, LSD, etc.)
Products containing cannabidiol (CBD).
Seeds of the above-mentioned prohibited plants (e.g. hemp seeds).
Utensils for drug users such as syringes, spoons, etc.
Sniffing equipment.
Home planting material (e.g. for hemp).
3.8 Entrance tickets, flight tickets and train tickets
It is not permitted to sell tickets which contain the name of the entitled party and for which a transfer to third parties has been contractually prohibited and is effective. The barcode and the number belonging to the barcode must not be visible in the photos. These spaces must be redacted.
For the sale of tickets before the official opening of sales, the Seller must be in possession of a receipt or proof that they have the tickets.
If there is a suspicion that the sale of tickets is carried out in a professional capacity, MEBF reserves the right to demand proof from the Seller that they are authorized to do so. If it is not possible to provide this proof, MEBF reserves the right to delete these offers and/or block the member.
Are allowed:
Transferable tickets (e.g. concert tickets, cinema tickets, train tickets, etc.) are in principle allowed to be sold. In addition, it is in principle permissible to sell options for a ticket (i.e. rights to tickets that will not be physically issued until a later date, but for which the sale already takes place chronologically before the tickets are issued), although reference to this must be made unambiguously in the description of the item. In addition, the Seller is obliged to state the precise date on which the ticket will actually be sent to the Buyer.
3.9 E-mail addresses, internet domain names, licenses, registration rights and banner advertising spaces web
It is prohibited to make offers on MEBF that include the purchase of e-mail addresses, Internet domain names, trademarks, designs, patents and other registration rights, web banner sites and licenses.
3.10 Explosive products, radioactive substances and other substances and chemicals hazardous to health
Radioactive, toxic and explosive substances, fireworks of any kind and dangerous chemicals may not be offered on MEBF.
The sale of chemicals is subject to additional conditions. The relevant product groups are available at www.chemsuisse.ch.
In addition, the Seller must comply with all legal regulations in the field of hazardous substances, pesticides, fertilizers and biocides.
Laws and regulations: Chemicals Act, ChemG and Chemicals Ordinance, OChim
Examples:
Pepper spray and defense spray.
Stink bombs.
Products subject to a warning from a federal office.
Any product containing asbestos, in particular Eternit products dating from before 1991.
3.11 Telecommunication installations, in particular radio communication equipment, which contravene the law on telecommunications
It is forbidden to offer telecommunications equipment for sale on MEBF, in particular radio equipment that contravenes Swiss telecommunications legislation.
Examples:
Transmitters and/or receivers.
Radio communication devices.
Remote control devices.
Remote controls.
Remote control cameras.
Emitter detection devices.
Wave jammers.
FM transmitters with a range of more than 10 meters.
Active radar detection devices.
Products of this kind may only be sold and put into circulation if they comply with the provisions of Swiss telecommunications legislation. Amateur radio equipment may only be sold to holders of an amateur radio license against receipt and on presentation of the said license.
Further information: Federal Office of Communications, 2500 Biel
3.12 Illegal listening devices.
Technical equipment which is intended, in particular, to carry out illegal eavesdropping or illegal sound recording and/or filming is prohibited.
Examples:
Pen cameras
Car keycams or light cameras as well as
Button cameras and spy-cams
Further information at: http://www.admin.ch/ch/f/rs/311_0/a179sexies.html
3.13 Stolen goods and other goods that do not belong to the Seller
It is forbidden to sell items on MEBF that have been stolen. Offers for items that are not legally owned by the Seller will also be deleted by MEBF.
Examples:
Bikes that have been stolen
Leased modems/routers belonging to Cablecom, Swisscom, etc.
Automobiles which, in accordance with a current leasing contract or installment sales contract, are not authorized for sale.
3.14 Coupons
It is not permitted to offer vouchers or discount vouchers on MEBF that have been established to be linked to the named person and as non-transferable vouchers. The minimum purchase amount required must be clearly stated.
Examples:
Vouchers from our own online shop to encourage our members to make a purchase outside of MEBF
Miles & More programme.
3.15 Mobile phones dummy
Offers for the sale of mobile phones without functions without any clear indication in French (“sans fonctions”, “jouet” and/or “portable factice”) and/or in German (“Attrappe”, “ohne Funktionen” and/or “Spielzeug”) which must be included in the text of the offer as well as in the title of the offer stating that it is an object of this kind are prohibited. The designation “Dummy” or another indication in English is NOT SUFFICIENT.
3.16 War material and material from the army
It is forbidden to sell on MEBF war material and army material that has not been authorized for trade by the competent authorities.
The price lists of the official ArmeeLiqShops and ArmeeTechShop provide a good indication of what is not allowed to be sold and what is allowed to be sold. These lists can be found at www.armyliqshop.ch and www.armytechshop.ch.
In principle, items that soldiers are allowed to keep at home after leaving the army are allowed to be sold.
For example, the following are allowed to be sold
Sleeping bag 65.
Silver army pocket knife (but not the army knife 90)
Combat boots
However, the following items, for example, are not allowed to be sold:
Parts of current uniforms.
Camouflage 90 trousers (because they are also part of the uniform).
Sleeping bag 90.
Material that has only been handed over on loan (parts of personal equipment, in particular body equipment)
3.17 Foodstuffs and consumer products subject to the Foodstuffs Act
It is forbidden to offer for sale on MEBF food products and everyday consumer products (e.g. cosmetics) that contravene the Swiss Food Law. In particular, any claims that a food product has preventive properties, sexual enhancement properties, treatment or curative properties for a human disease or weight loss properties and that make a specific promise of effectiveness are prohibited.
According to the Ordinance on the Labeling and Advertising of Foodstuffs, it is mandatory to always indicate the country of production on pre-packaged or unpackaged meat. It is also necessary to indicate that the meat comes from animals from countries where treatment with antibiotics as growth promoters is permitted (e.g. USA, Brazil).
Examples:
All types of tooth whitening products, except toothpastes and tooth whitening products containing less than 0.1% hydrogen peroxide concentrate.
T-bone steaks from the US if it is not mentioned that the meat “may have been produced with antibiotics [possibly with hormones] and/or with other antimicrobial performance enhancers”.
For weight loss products, the exact weight loss specifications (e.g. loss of 3 kilos in 10 days)
3.18 Tickets from lottery
It is prohibited to sell items that promise winnings or other benefits, such as lottery tickets and other offers that fall under the Lotteries Act.
Examples:
Euromillion
3.19 Body parts and organs
It is forbidden to sell human bodies, parts and organs of the human body and bones on MEBF.
Examples:
Human skulls and skeletons.
Organs (including organs prepared for medical purposes)
Blood, faeces, semen, eggs.
3.20 National Socialism/Racism/Extremism politics
It is forbidden to offer on MEBF any items from a national socialist, racist and/or political extremist background or to make propaganda in this sense.
Examples:
Articles containing known coded symbols (e.g. victory crowns) and/or certain numbers (e.g. “88”)
Postcards from the Third Reich with Adolf Hitler’s portrait, with Nazi slogans, swastikas and/or SS symbols.
CDs of extreme right-wing or extreme left-wing music groups.
T-shirts with political propaganda or racist texts printed on them.
Money boxes representing heads or busts of black human beings (“jolly niger banks”).
Exceptions:
Stamps and coins of the Third Reich.
Objective and purely scientific documentation of the National Socialist era.
3.21 Pornography, sexual content and violent representations
It is not permitted to offer items with sexual content or violent representations on MEBF or items for which this is the sole purpose. This includes pornography in all its forms, offers with sexual or obscene content or connotations, offers that promote violence, prohibited depictions of violence and offers with content that is harmful to young people.
Examples:
Hardcore pornographic material regardless of media type (hard drive, CD, DVD, video, poster, books, etc.)
Offers that contain sexual acts with children, animals, human excrement or acts of violence.
Reproductions of children and young people in unnatural body positions with sexual connotations.
Offers with pictures of genitals, naked breasts or with people performing a sexual act
Inflatable dolls or love dolls.
Vibrators, dildos, geisha balls, penis rings, penis sleeves, plugs and accessories.
All BDSM accessories like whips, chains, harnesses, masks, love swings etc.
Pheromone fragrances.
Underwear that has not been washed in advance.
Cannibalism of any kind (DVD films such as: Cannibal Holocaust, Cannibal Apocalypse… )
Offers with sexual connotations for advertising purposes only. For example, one of the photos shows a scantily clad woman who has nothing to do with the product.
Films where the Seller intentionally provides only incomplete information to make it clear that they are of a sexual nature (e.g. an insert stating “over 18” and published without a picture).
Modules/cards for erotic transmitters
Films that are listed on the index “List of problematic films”:
http://www.svv-video.ch/downloads/coc/Problematische_Filme.pdf
3.22 Animals and plants
On MEBF, it is forbidden to sell live animals of any breed and species (also puppies, kittens, etc.), within the framework of the offers.
It is forbidden to sell protected animals and plants and their preparations on MEBF. It is also forbidden to sell dog and cat skins.
Examples: protected animals and plants as well as products resulting from their preparation, such as
Examples:
Feline skins and furs
Rhinoceros horns
Whale bones and teeth
Turtle products
Snake wine
The text of the Federal Ordinance on Animal Protection and further information can be found on the website of the Federal Veterinary Office at www.bvet.admin.ch.
For more information, see www.wwf.ch and www.cites.org.
3.23 All types of weapons, in particular firearms, edged weapons and ammunition of any type.
It is forbidden to sell at MEBF weapons whose sale/acquisition is prohibited in accordance with the provisions of the Swiss Weapons Act (SR.514.54). This includes, in particular, firearms, edged weapons, weapon parts and ammunition of any kind. Imitation weapons are also prohibited. MEBF reserves the right to delete offers of weapons that deviate from the provisions of the Swiss Weapons Act at any time.
Examples:
Firearms and ammunition:
Firearms in general are prohibited (air guns, rifles, pistols, revolvers, etc.)
Alarm weapons, gas and signal weapons, air soft guns, paintball marker
Firearm components (magazines, barrels, silencers, breeches, blades, ammunition, grips, frames, receiver housings, etc.)
Imitation weapons
Knives and related weapons:
Knives whose blade can be extended by means of an automatic mechanism that can be operated with one hand (e.g. automatic opening knife, lock knife)
Daggers with a fixed symmetrical and pointed blade
Butterfly knives
Throwing knives
Credit card knives
Exceptions: kitchen knives, household knives, fishing knives, hunting knives and pocket knives other weapons (In case of doubt, a ruler should be shown parallel to the blade.)
Devices designed to injure humans, such as brass knuckles, handguns, throwing stars and slingshots.
Tasers, electroshock devices (all types)
Camouflaged weapons such as pistol pens and all weapons that are not immediately identifiable as such.
Objects that closely resemble a weapon (e.g. pistol lighters).
3.24 Securities, financial services and coins.
It is not permitted to sell securities and financial services on MEBF. In the case of coin copies, it must be clearly stated in the offer that it is a copy/replica/reboot. Copies of Swiss coins are only permitted if they are supplied with a legible and permanent reference appropriate to the products themselves such as “copy”, “replica” and so on.
Examples:
Securities and shares (e.g. shares, bonds) of existing companies
Money market instruments/securitized and non-securitized financial instruments
Loans and subsidies
Loans and insurance or similar regulated services
Banknotes, excluding banknotes no longer in circulation
Meal vouchers
Reka cheques
WIR cheques
Digital / internet currencies (e.g. Bitcoin)
Exceptions:
Older shares are only allowed to be sold on MEBF if they have been declared invalid or if they represent an interest in a company that no longer exists as a legal entity.
3.25 Cigarettes and certain other products containing tobacco
It is forbidden to sell cigarettes of any kind as well as products related to goods containing tobacco.
Examples:
Snus and other tobacco products for oral consumption
NTB (spice and herbal cigarettes)
Electric cigarettes or electric shishas, which already contain nicotine liquids
Nicotine liquids
Exceptions:
Cigars
Tobacco sold in bulk for smoking or snuffing (cigarette, snuff or pipe tobacco)
Tobacco pipes
Smoking utensils such as cigarette rolling machines, cases, etc.
E-cigarettes or E-shishas, which do not already contain nicotine liquids
Nicotine-free liquids
Please note: It is strictly forbidden to sell cigars and tobacco to persons under the age of 18. In addition, we expressly refer you to the provisions of the Federal Tobacco Ordinance, in particular those relating to the import of tobacco products.
3.26 Buildings, land and restricted real rights
It is not permitted to offer real estate, land and similar real estate rights. Due to legal regulations, it is not possible to conclude valid sales contracts for real estate, land, easements (e.g. building rights), security interests and similar rights via the MEBF’s platform.
3.27 Number plates for vehicles
It is forbidden to offer number plates of vehicles currently on the road on MEBF.
PROVISION OF SERVICES PROHIBITED
4.1 Illegal provision of services
It is not permitted to offer services on MEBF that contain or are intended to provide illegal services.
Examples:
Services that have the sole purpose of circumventing or overriding technical measures for the protection of copyrighted works (e.g. copy blocking).
4.2 Provision of services sexual
It is not permitted to sell services with sexual content on MEBF, such as prostitution, escort services, video sex, telephone sex or comparable offers
OTHER REASONS FOR DELETING AN OFFER
MEBF reserves the right to delete offers that contravene the following provisions.
5.1 Languages other than German, French, Italian or English
It is not permitted to sell offers on MEBF in languages other than German, French, Italian or English.
5.2 Category erroneous
Offers that have been placed in the wrong category can be moved or deleted by MEBF
Examples:
Motorbike placed in the “stamps” category.
CDs placed in the “records” category.
Housing wall placed in the category “model electric trains”.
5.3 Promises of earnings or donations
It is forbidden to sell items on MEBF that are linked to a promise of gain. It is also forbidden to sell items that are linked to a promise to donate, unless an agreement has been made with MEBF beforehand. The rules of the Lotteries Act also apply.
5.4 Spamming of categories
It is not allowed to place the same offers repeatedly on MEBF if the result subsequently displays a list of offers that becomes unreadable. This makes it difficult for users to find offers from other sellers.
Examples (non-exhaustive list):
A Seller offers identical items with several accounts.
Identical items are inserted several times in the same period instead of one multiple sale (only one offer can be inserted for the item in question).
The title and description are slightly modified just to make a difference.
The same product is inserted with different prices.
MEBF reserves the right, in such cases or in similar cases, to remove the articles and to warn or block the members in question.
5.5 Misleading information / Unfair behavior
It is prohibited to sell offers on MEBF that contain objectively incorrect and/or subjectively misleading information. Furthermore, any behavior that is misleading or otherwise violates the principle of good faith and influences the relationship with competitors or between the Seller and Buyers is prohibited.
Examples:
The photo and text do not match or contain contradictory information.
Conflicting/irrelevant information on the condition of the goods/product characteristics.
If goods are offered with irrelevant geographical indications of source (e.g. “Swiss made” for products that have been manufactured in China).
Indication of artificially high comparative prices (astronomical prices).
Unfair advertising and sales methods.
Information comparing prices or promising additional items or other discounts in relation to spirits.
5.6 Handling of search results and other functions of the MEBF’s platform.
It is not permitted to use incorrect, inappropriate or misleading concepts in the description of the offer (especially in the title and description of the article) in order to manipulate the search results. Furthermore, the targeted manipulation of the evaluation profile by means of offers is prohibited.
Examples:
Hidden texts
Quoting brand names that are not related to the offer
Sell Coop Superpoints in 20 offers at 50 points.
5.7 Rental/subscription contract, etc. (Only applicable to bids for auctions/fixed price bids)
It is not permitted to sell items via MEBF, as this requires the conclusion of a rental agreement.
Products whose purchase is linked to the prior conclusion of a subscription must clearly and unambiguously indicate this precondition.
It is also forbidden to sell products that require the conclusion of a leasing contract or an installment agreement.
Examples:
Mobile phones with contract.
Registered prepaid cards.
5.8 Requests for research and exchange (Only applicable to bids for auctions/fixed price bids)
MEBF will delete offers to search for products or exchange products. In addition, “Questions & Answers” as well as evaluations that contravene the above provisions will also be deleted.
Examples:
Research mandates.
Search requests.
Exchange inserts.
5.9 Indications prohibited
In particular, it is forbidden to sell offers with the following information:
5.9.1 Addresses, e-mail, telephone number, account details
Contact data such as postal address, Internet address, VAT number, commercial register number, telephone number, e-mail address and bank and post office account data may not be included in offer descriptions, evaluations and “Questions & Answers” (including in the “private” answers for “Questions & Answers” and in the personal news).
Exceptions:
For auctions and vehicle advertisements, it is permitted to include a telephone number in the description of the item.
In the “Questions & Answers” section, it is allowed to mention a telephone number if a potential buyer has asked the seller for it during an on-site visit.
The mention of an Internet address is only allowed if the Seller provides a link to the manufacturer’s website to present the details of a product. The link must not lead to an online shop.
Please note that it is not permitted to include a telephone number in the description (except in the case of an advertisement or a vehicle auction), in the images, in the personal message and in the evaluation texts (including in the comments). It is permitted to include such a number in the “Questions & Answers” if the Seller has received an invitation from a Buyer to publish it.
5.9.2 Information on jewellery and watches
For jewellery and watches made of gold or silver base metal, etc., the following indications are prohibited:
Indications on titration;
Information on the proportion or weight of the precious metal used;
Designation in relation to the name of the precious metals or other indications which are likely to mislead the persons concerned as to the real value or the real composition of the goods.
Attributes whose influence diminishes the value of a precious object (such as “pl.” for simple plating with a noble metal, or “cz. ) must be mentioned in the language of the insertion both in the title of the offer and in the accompanying running text, and may not be mentioned in the form of abbreviations.
Any indication of the thickness of the precious metal layer.
These provisions also apply mutatis mutandis to packaging, advertising statements in brochures, advertisements, internet offers, etc.
5.9.3 Cars and motorbikes
Vehicle parts and accessories which have not been tested in accordance with Swiss law, also in combination with other construction parts, must be marked as follows:
“Not permitted on the road network in Switzerland in accordance with the Ordinance on Technical Requirements for Road Vehicles”.
Examples:
Xenon lamp with common reflector
5.10 Sales outside MEBF/goods at kilo (Only applicable to bids with auctions/fixed price bids).
MEBF shall delete offers that contain the statement that additional products can be purchased after the surcharge and outside MEBF. Offers in which MEBF’s fees have been circumvented and/or the final price of the offer is not visible (e.g. goods per kilo) will also be deleted. Examples of this are:
Additional statements in the text of the offer that refer to other offers outside MEBF, e.g.: “For an additional charge of CHF xxx, you can purchase other identical articles or additions to the offer” or “Dealer requests requested”, etc.
When the offer price refers to a unit of measurement (cm, kg, etc.) and not to the item itself (e.g. meat/cheese: the offer price refers to the item per kilo (for 1 kg), whereas the item actually weighs 3 kilos, with the effect that the Buyer would have to pay three times the indicated price).
A statement in the text of the offer that e.g. a pair of loudspeakers is being auctioned, but that the offer is nevertheless a multiple auction involving two items and/or that the offer price relates to only one loudspeaker and that therefore the price would be calculated as double, or where the offer price for a single auction relates to only one loudspeaker, and that then the price would be calculated as double.
5.11 Advertising/addresses web
Any form of advertising for oneself or for others is prohibited in all photos of the offer, in all titles/descriptions of the offer, in all evaluations, and in all “Questions & Answers” (including “private” answers for “Questions & Answers” and in the personal news) as well as in the user names.
Examples:
Include internet addresses (WWW addresses, e-mail addresses, etc.).
Create links that lead to online shops.
Create links to other online auction companies or to classified pages and car portals.
Exceptions:
For classified ads in the “Vehicles” category, internet addresses are allowed by means of the paid option “website”.
Links on the manufacturer’s website to the goods offered.
5.12 Other violations of legal provisions and morality
As a matter of principle, it is forbidden to publish or manage insertions in a way that contravenes legal provisions or good morals.
Examples:
Sending goods by military mail
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