|Classic Driver Terms and Conditions|
General Terms and Conditions for Dealers (GTC)
These General Terms and Conditions (GTCs) for Classic Driver (Switzerland) AG ('Classic Driver'), Schaffhauserstrasse 210, CH-8057 Zurich, Switzerland (Company no CH-020.3.036.048-8), govern the contractual relationship between Classic Driver and Participants (Dealers) and all rights and obligations with reference to the services offered on www.classicdriver.com.
1.1. Classic Driver operates a virtual marketplace for various products ('Products') on the internet under the address www.classicdriver.com (incl. sub-domains, the 'Website') where supply and demand are joined.
1.2 .These GTCs as well as the established provisions beyond these GTCs declared herein to be binding, especially the prices, govern the contractual relationship between Classic Driver on the one hand and, on the other hand, each and every natural or legal person (the 'subscriber') who concludes a contract with Classic Driver as defined in Number 3 and who has opened an account ('subscriber account') for the use of the dealer's area of the website.
1.3. These GTCs apply to the use of the website by the subscriber and for all services that Classic Driver provides for the subscriber in association with the website. By accepting the services that Classic Driver provides, the subscriber accepts the obligation to comply with the provisions of these GTCs in their current version. Classic Driver reserves the right to change these GTCs at any time and without stating any reasons (Clause 13). Any agreements that deviate from these GTCs are only valid to the extent that Classic Driver has expressly consented to them in writing (Number 14).
1.4. Any and all GTCs issued by the subscriber do not apply to the contractual relationship between Classic Driver and the subscriber..
2. Object of Contract and Scope of Service
2.1. Classic Driver offers services for placing advertisements ('ads') for the sale of products on the website. Ad placement services are provided on a per-fee basis, whereby the prices to be paid are determined by the currently valid prices as specified under Number 5. By accepting the services offered by Classic Driver, the subscriber recognises the currently valid prices and these GTCs in their currently applicable version.
2.2. Access to a restricted area on the website is provided for the subscriber. The restricted area ('dealer's area') is only accessible by means of authentication using access data. In the dealer area, special functions are available that one can use to upload and edit advertisements.
2.3 .After the subscriber has uploaded an advertisement, it will be accessible by the external users of the website ('users') for queries through the search forms available on the website (and possibly the websites of Classic Driver's cooperation partners). An advertisement can be called up for the period of the originally agreed-upon contract period or any additionally agreed upon contract period (c.f. Number 4). After this, advertisements are automatically de-activated and deleted from the website.
2.5. Classic Driver provides a web template so that the subscriber can create a dealer profile. The dealer profile contains general information (such as name, contact details and a short description of the subscriber) and will be published on the website and made generally accessible to all users. The subscriber must take care that all necessary information for creating the dealer profile (such as texts, logos, images, etc.) are unencumbered by third-party rights. The information submitted by the subscriber will be prepared by Classic Driver for release on the website and the layout will be adapted to the requirements of the internet as well to the 'look and feel' of the website.
2.6. In connecting subscribers and users, Classic Driver uses the information given to Classic Driver. Classic Driver accepts no liability for the accuracy of such information. More specifically, Classic Driver does not confirm the identity of users. Any liability on the part of Classic Driver in connection with the inaccuracy of the information provided is excluded.
2.7. Classic Driver is not bound either as broker or agent or party or representative of a party in the relationship between the subscriber and the user. Contracts that are initiated as a result of an advertisement placed on our website will be concluded and fulfilled without any involvement on the part of Classic Driver.
2.8. Classic Driver can wholly or partially delegate the performance of services to third parties and/or allow third parties access to the advertisements, data and information published on the Classic Driver website.
2.9. Classic Driver reserves the right to modify the range of services on the website and its design, or to offer different services.
2.10. Classic Driver can advertise for the website and publish the advertisements placed on the website by subscribers, either on its own website or through third party websites and media, e.g. by integrating the advertisements or excerpts from them in print or online media (e.g. trade magazines, the websites of Classic Driver's cooperation partners or social media channels), in software applications as well as in e-mails or in marketing campaigns. Classic Driver can also involve third parties for support of these activities.
3. Registration and Conclusion of Contract
3.1 The contract between Classic Driver and the subscriber for the use of the dealer area involving these GTCs enters into force as soon as (i) the subscriber has submitted to Classic Driver either a signed registration form or, to the extent that Classic Driver offers this option on its website, has submitted a corresponding electronic registration form ('dealer registration') offering to conclude a contract and (ii) Classic Driver has accepted this offer by transmitting access data to the subscriber as described in Number 3.6. Classic Driver will exercise its own discretion in deciding on the acceptance or rejection of an offer.
3.2 In dealer registration, the subscriber selects a 'service package' which includes a specific number of advertisements per month as well as specific services, which are included in the subscription fee (c.f. Clause 5). As soon as the subscriber has reached the number of advertisements per month stipulated in the selected service package, no more advertisements can be placed.
3.3 If the subscriber would like to place additional advertisements, he has to inform Classic Driver in written or by email (c.f. Number 4.3) that he would like a larger service package. The Agreement will then be continued according to the conditions of the newly selected service package for the remaining time period of the Agreement, as well as for the renewal periods (c.f. Number 4.1).
3.4 If the subscriber would like a smaller service package then he has to inform Classic Driver latest 10 days before the termination of his current Agreement period in written or by E-Mal (c.f. Number 4.3). For the remaining period of the Agreement the conditions of the original service package apply. The conditions of the newly selected service packet apply as from the first renewal period (c.f. Number 4.1).
3.5 No credit or refund of payment is allowed if the subscriber does not place the maximum number of advertisements/month.
3.6 The subscriber will receive a password and user name for access to the dealer's area in order to place, modify or delete advertisements ('access data'). The subscriber is obligated to keep the access data confidential and not allow third parties access to this information. The subscriber is personally wholly responsible for the use of his/her subscriber account by third parties.
3.7 A subscriber account is not transferrable and may not be used by several persons or different branches or locations. A separate registration is required for each person, branch or location. Billing for different subscriber accounts will be carried out individually.
4 Duration and Termination of the Contract
4.1 The contract will be concluded for the period indicated in the dealer registration ('contract period'). After expiration, the contract will automatically be extended in each case by an additional contract period ('renewal period') in accordance with the originally selected contract period, to the extent that it is not cancelled by Classic Driver or the subscriber at the latest 10 days before the end of the current contract period.
4.2 The right to cancellation without notice for due and sufficient cause remains unaffected. Specifically considered due and sufficient causes for cancellation of the contract by Classic Driver are violation of these GTCs by the subscriber (including the terms of payment given under Clause 5), actions by the subscriber that harm the image of Classic Driver, or a change in the legal or technical standards in the internet that make it unreasonable for Classic Driver to continue to provide services either wholly or in part.
4.3 Cancellation by the subscriber must be sent in writing to Classic Driver (Switzerland) AG, Schaffhauserstrasse 210, CH-8057 Zurich, Switzerland or via e-mail to firstname.lastname@example.org.
5 Prices and Terms of Payment
5.1 The prices for the services provided by Classic Driver are determined by the prices in effect at the beginning of the contract period, which is published on the website www.classicdriver.com/de/find/4330_packages.asp and can be viewed by the subscriber at any time within the limits of the availability of the website. Classic Driver reserves the right to adjust the prices to market and/or price developments during the contract period. Prices are net and exclusive of the VAT and any bank, credit card or money transfer charges.
5.2 Billing for the services used by the subscriber is in advance for the current contract period and will include the following elements:
5.2.1 The fixed fee ('subscription fee') for the service package selected by the subscriber;
5.2.2 The supplemental fee ('supplemental fee') that the subscriber owes Classic Driver for additional services.
The amount of the individual fees is determined by the currently applicable prices.
5.3If the subscriber requests a bigger service packet (c.f. Number 3.3) during the contract period, he/she will owe the difference between the original subscription fee for the current service package and that for the newly selected service package for the remainder of the contract period and any extensions plus the originally agreed-upon amount.
5.4 If the subscriber orders a smaller service packet (c.f. Number 3.4) during the contract period, the amount due remains equal to the originally established amount for the remaining agreement period. For the renewal period the conditions of the newly ordered service packet will apply.
5.5 Payment will be rendered via credit card to the extent that other payment arrangements are not made inwriting. The subscriber authorises Classic Driver to charge the billed amount to his/her credit card in each case. The subscriber is obligated to make sure that adequate credit is available on the card at all times.
5.6 Under reservation of Clause 5.5, invoices will be sent via e-mail to the address that the subscriber noted in the Dealer registration form and/or communicated to Classic Driver after the fact. The subscriber must inform Classic Driver of any objections to the billing statement within 10 days; otherwise the amount given in the billing statement will be deemed accepted. The billed amount is due and payable within 10 days of the invoice date without any discount. The subscriber is not entitled to offset his due claims with claims from Classic Driver.
5.7 Should the payment not be rendered before the payment deadline, default of payment will automatically apply without notice that the account is in default being given and Classic Driver is entitled to bill default interest at a rate of 8% per annum without any further notice. Additionally, dunning costs of EUR 30.00 per reminder must be paid. Classic Driver is also entitled to block the subscriber's account temporarily or permanently without any further notice to the subscriber and/or to cancel the contract without notice. The subscriber has no claim to compensation for damages against Classic Driver in such a case. The fees for services used will be owed in their full amount and will not be refunded.
6 Requirements on Advertisements/Publication/Use Rights
6.1 The subscriber is obligated to compile information communicated to Classic Driver and content placed on the website carefully and accurately and to update this information. The subscriber is obligated to make correct, honest statements about the product being offered and to provide complete information about the details of payment and delivery. Properties that are essential to customers, such as known or suspected defects in a product, must be stated in the advertisement.
6.2 The subscriber is obligated to comply with all applicable legal regulations in formulating the content of the offers he/she places on the website. The subscriber may only draft advertisements for products that he/she is legally entitled to dispose of, i.e. products, which he/she owns fully and without encumbrance and which he/she is entitled to transfer.
6.3 The subscriber grants Classic Driver a non-time-limited, uncompensated right to commercialise the content (especially text, image, audio and video content) that he/she communicates to Classic Driver both online and offline (e.g. in print or online media) especially to use them for advertisement and marketing purposes, and specifically to make the content publicly accessible, reproduce, disseminate and edit them.
6.4 Classic Driver is entitled to integrate the subscriber's advertisements in other print and online media (e.g. trade magazines, websites of Classic Driver's cooperation partners or social media channels) and into software applications. The subscriber accepts that his/her advertisements can also be translated for integration into print or online media and software applications.
6.5 The subscriber may only compose advertisements for products for which there is a product category provided on the website. Offering several different products (individually or as a package) in a single advertisement is prohibited. The subscriber is obligated to publish product advertisements in the applicable product category. Offering products whose tendering, sale, purchase, distribution or use can violate provisions of law is prohibited.
6.6 The subscriber must keep the advertisements placed on the website up to date. As soon as a product has been sold or is no longer available for other reasons, the subscriber must note this in the matching advertisement or delete it.
6.7 The subscriber is not permitted to include links to external websites or contact information (web or e-mail addresses, telephone numbers, etc.) in his/her advertisements.
6.8 Classic Driver is entitled to re-name, break up, consolidate, remove or re-introduce individual product categories at any time and to move existing advertisements into different categories or delete them.
6.9 In the event that provisions of this Number 6 are violated, Classic Driver can block or delete the subscriber's advertisements wholly or partially without consulting the subscriber and without stating any reasons. This especially applies to advertisements that were placed in an incorrect product category or for images and text that infringe on or can infringe on third-party rights. The subscriber cannot derive any claims against Classic Driver in connection with blocking or deletions done for these reasons; the fees for placing the ads are still owed in their full amount and will not be refunded.
7 Data Protection
Classic Driver complies with all the legal provisions of data protection. All protected personal data collected in the framework of registration or generated in the use [of our service] that are subject to the protections of the Swiss Data Protection Act will be collected, stored and used exclusively for the purpose of contract fulfilment, market research as well as billing purposes to the extent that the subscriber has not given express consent to a use going beyond this, or if the Data Protection Act allows it.
8 Availability and Use of the Website
8.1 Classic Driver makes every effort to make the website as consistently available as possible. The subscriber, however, is aware that a 100% availability of the website is not technologically possible. Disruptions in service or temporary suspension of the operation of the website or availability of advertisements that have been placed can occur for reasons of maintenance, security or capacity, or due to events that lie outside of Classic Driver's range of influence (such as disruptions or interruptions of public communications systems or power failures, etc.).
8.2 Classic Driver reserves the right to temporarily restrict the uploading, editing and access to the advertisements if this is necessary for reasons of limited capacity, security or integrity of the service, or to carry out technical measures (e.g. maintenance).
8.3 Any liability on the part of Classic Driver for impediments and/or interruptions of services is excluded regardless of the cause. Likewise, there is no claim to a (proportional) reduction in the payments to be rendered or any refund of services already paid for.
8.4 Any actions on the part of the subscriber (such as use of software, scripts or other mechanisms), that could have a negative effect on the regular and proper operation of the website are prohibited. The subscriber must refrain from any actions that could excessively burden the website's technical infrastructure.
8.5Classic Driver will take the financially reasonable, technically possible and proportional measures to secure data and information that the subscriber transfers to the website. Classic Driver, however, accepts no liability of any kind for the security of the subscriber's data. It is the subscribers' responsibility to store a current back-up copy of the data transferred and store it independently from the website.
9 Copyrights, Trademarks and Other Protected Rights
9.1 All rights to intellectual property (e.g. copyrights, trademarks, and other protected rights) with respect to information, elements, and content on the website (with the exception of content provided by the subscriber) are the property of Classic Driver. Alternatively, corresponding use rights benefitting Classic Driver exist, which have been granted by third parties. All rights remain with Classic Driver and/or the original rights holder.
9.2 The publication, reproduction, transmission, editing and/or linking of information, elements and contents of the website for any public and/or commercial purpose of any form without the prior written consent of Classic Driver is prohibited.
10 Third Party Rights/Release
10.1 The subscriber guarantees that all data he/she communicates to Classic Driver and all content placed on the website (especially text, image, audio and video contents) are unencumbered by the rights of third parties, which would wholly or partially impede the contractually proper use of this content by Classic Driver. The subscriber also guarantees that he/she is entitled to use the data communicated or content placed for the execution of the contract with Classic Driver and especially to make these available on the internet. Placing advertisements on the website with the content communicated by the subscriber proceeds solely at risk to the subscriber.
10.2 The subscriber holds Classic Driver harmless and indemnifies Classic Driver against all claims brought by third parties that arise from infringement of third party rights by content communicated and/or placed by the subscriber and will compensate Classic Driver for all possible damages incurred including subsequent damages. In the relationship with Classic Driver, the subscriber accepts sole liability and all necessary and expedient expenses such as costs for defence against such claims in and out of court (including any court costs and reasonable attorney's fees), unless the subscriber cannot be held responsible for the infringement of third party rights.
11.1 Classic Driver is only liable for direct damages that are caused by a malicious or grossly negligent act by Classic Driver itself. Otherwise, reserving compulsory legal provisions, any liability on the part of Classic Driver as well as its organs, representatives, subsidiaries, temporary personnel (including third parties who perform services for Classic Driver) for damages, such as especially for indirect or subsequent damages (such as lost profits or the consequences of data loss)-regardless of the legal grounds-is excluded.
11.2 Specifically, Classic Driver is not liable for:
11.2.1 temporary unavailability of the website, outage of some or all website functions or malfunctions on the website;
11.2.2 damages caused by software damages, hacker attacks or other problems caused by the internet;
11.2.3 damages that occur to the subscriber through misuse or loss of the access data that are assigned to him/her and/or any changes to the access data initiated by the subscriber; or
11.2.4 the currency, accuracy, legality, completeness, or quality of the content of websites that can be reached through links on our website or on which the subscriber's advertisements are integrated.
12 Transfer of Contract/Transfer of Rights and Obligations to Third Parties
12.1Classic Driver is entitled to transfer the contractual relationship with the subscriber or individual rights and obligations deriving from the contractual relationship wholly or partially to a third party. Alternatively, they may allow them to be exercised by a third party.
12.2The subscriber can only transfer the contractual relationship with Classic Driver or individual rights or obligations deriving from it to a third party with the prior written consent of Classic Driver.
13 Changes to the GTCs
Classic Driver reserves the right to change these GTCs at any time without stating any reasons and to publish the currently valid version on the website. The changed GTCs will be sent to the subscribers via e-mail. The changes are deemed accepted insofar as the subscriber does not state any objections in writing within 10 days of the announcement or if the subscriber continues to use services from Classic Driver after the expiration of the deadline for filing objections.
14 Written Form and Validity
14.1 Deviating or supplementary provisions, side agreements or changes to these GTCs only apply if Classic Driver has consented to them in writing.
14.2 The nullity or unenforceability of individual provisions of these GTCs does not affect the unenforceability of the remaining provisions. Any invalid or unenforceable provisions will be replaced by those that most closely approximate the goal and purpose of the invalid or unenforceable provision. This will be carried out commercially in a legally enforceable manner. The same applies to any loopholes.
15 Applicable Law, Place of Fulfilment and Court of Jurisdiction
15.1 The contractual relationship between the subscriber and Classic Driver is exclusively subject to the material law of Switzerland excluding agreements under state treaties and especially the United Nations Convention on the International Sale of Goods from April 11, 1998.
15.2 All disputes or claims deriving from or associated with the contractual relationship between the subscriber and Classic Driver, including its validity, violation, or dissolution will be decided upon by the regular courts. The place of fulfilment and exclusive court of jurisdiction is Zurich, Switzerland. However, Classic Driver reserves the right to bring claims against the subscriber at any other responsible court.