General Terms and Conditions for Subscribers, Dealers and Auction Houses (GTC)
Classic Driver (Schweiz) AG, Schaffhauserstrasse 239, 8057 Zürich, Switzerland (“Classic Driver”) operates a virtual marketplace for various products (“Products”) on the Internet at www.classicdriver.com (including sub-domains and the “Platform”), where sellers and buyers “Customers” are brought together. Classic Driver provides its sellers (“Sellers”) on the Platform services for placing advertisements (“Listings”) and for selling Products to potential buyers (“Buyers”).
1.2. Validity and scope of the T&Cs
These Terms and Conditions (“T&Cs”) and the provisions that have been declared legally binding in these T&Cs including provisions determined outside these T&Cs, particularly relating to prices, shall govern the contractual relationship between Classic Driver and its Customers. They shall apply to the use of the Platform by the Customer and to all services provided for the Customer by Classic Driver in connection with the Platform. The Customer’s T&C (if any) shall not apply to the contract between Classic Driver and the Customer.
1.3. Classic Driver’s position
Classic Driver is not involved in the relationship between the Seller and the Buyer as an intermediary or agent, party or representative of any party, but acts solely as the operator of an online platform who makes this Platform available to its Sellers and Buyers. The Platform allows Sellers to post offers and Buyers to accept them. Contracts between Buyers and Sellers are arranged and fulfilled without Classic Driver’s involvement. Classic Driver, its representatives, employees, and agents shall not be responsible in any respect for the risks involved in initiating and concluding transactions and shall not be responsible in any respect for fulfilment of the transactions.
2. Beginning And End Of The Relationship With The Customer
2.1. Customer Base
Both legal entities and natural persons domiciled or resident in Switzerland or abroad can register as Sellers.
Legal entities must register as Commerical Sellers. Classic Driver may authorise exceptions, upon request.
Natural persons will be registered as Private Sellers if they are not engaged in commercial trading. Natural persons who are engaged in commercial trading must register as Commerical Sellers. Commercial trade is defined as any sale by a Seller who is legally obliged to pay VAT.
Minors and persons who are not able to act on their own behalf are excluded from using the Platform.
There is no entitlement to register on the Platform, become a member, use the Platform or receive a service. Classic Driver is entitled to refuse registration, exclude a Customer or prohibit use of the Platform.
2.2. Concluding the Contract
The contract between Classic Driver and the Seller regarding use of the Platform will be concluded as soon as (i) the Seller has sent a signed application to Classic Driver to set up a contract or has filled in an electronic registration form, if Classic Driver offers this option on the Platform, and (ii) Classic Driver has accepted this application by granting access to the Platform.
2.3. Creating a Customer profile and Customer account
2.3.1. Seller Profile
The Seller is required to provide truthful information when creating the Seller profile and to update it whenever there are changes to the information.
2.3.2. Seller Area
The Platform provides access to a restricted Seller area for Sellers. The Seller area can only be accessed by authentication of Access Details. Special functions are available in the Seller area to help create and manage Listings. The Seller will receive a password and a user ID (the “Access Details”) for accessing the Seller area and for setting, changing or deleting Listings.
Seller accounts belonging to Private Sellers are not transferable. Seller accounts belonging to commercial sellers may be used by multiple employees. The Access Details for all accounts must be kept secret. If the Access Details are disclosed to third parties, the Seller must change the password immediately or inform Classic Driver. When the Seller's Access Details have been used, Classic Driver shall be entitled to assume that the Seller has logged in himself. The Seller shall, therefore, be fully responsible to Classic Driver for the use of their subscriber account by third parties.
2.3.3. Member Account
Classic Driver’s (or hired third party) support staff may access your account in order to maintain or improve service including to provide assistance with technical or billing issues.
2.4. Illegal activity
Activities on the part of the Customer, such as using software, scripts, or other mechanisms that could interfere with or overload the proper operation of the Platform, are prohibited.
The use of robots, crawlers, etc. to copy the contents of the Platform is prohibited. Classic Driver has the right to request that any Customer involved in this type of activity deletes any data obtained in this way. Classic Driver reserves the right to claim damages.
2.5. Termination of the contractual relationship
2.5.1 Private Listings
Private Listings will be booked for a specific period of time. When that time has expired, we reserve the right to take the relevant Listing offline or disable functionality or reduce services to Customers on the Platform related to the Listing.
2.5.2 Automatic renewal of seller packages
Seller packages will be automatically renewed for the same length of time as previously, unless notice is given in writing or by email to cancel the contract at least ten days before the end of a contract period or unless another Service Package has been booked.
2.5.3 Deletion of the Customer account by the Customer
Private Listings will be booked for a specific period of time. When that time has expired, we reserve the right to take the relevant Listing offline or disable functionality or reduce services to Customers on the Platform related to the Listing.The Customer may delete their account at any time, provided that (i) their account has a positive balance and no money is owed to Classic Driver, (ii) the Customer does not currently have any Products listed on Classic Driver’s Platform and (iii) the Customer is not involved in an open auction as a bidder. Deletion of a seller account will not automatically be considered termination of the contract with Classic Driver.
2.5.4 Termination by Classic Driver
Classic Driver may terminate the contract for good cause at any time without notice. In particular, good cause shall include a breach by the Customer of these T&Cs, infringement of the rights of other Classic Driver Customers, activities on the part of the Customer that damage Classic Driver’s image, or a change in the legal or technical standards on the Internet which make it unreasonable for Classic Driver to continue to provide its services, either in whole or in part.
The Customer may not make any claims against Classic Driver in connection with termination without notice by Classic Driver; fees for posting Listings will remain due in full and will not be refundable.
Following termination without notice, the Customer may not re-register on the Platform without Classic Driver’s prior written consent. If he does so anyway, he will owe Classic Driver a contractual penalty of €250 on each occasion.
3. Classic Driver's Services
3.1.1 Service Packages for Commercial Sellers
When Commercial Sellers register, the Seller will select a service package (“Service Package”) that includes a specific length of time (3, 6 or 12 months) and an unlimited number of Listings included in the Subscription Fee (see Section 4.1.1 below).
The Commercial Seller may notify Classic Driver in writing or by email at any time if they would like to sign up to a Service Package with a longer duration. The contract will continue on the terms of the new Service Package for the remainder of the contract period and for any renewal periods. In particular, for the remainder of the contract period and any renewal periods, the Commercial Seller shall owe the difference between the subscription fee for the previous Service Package and the subscription fee for the new Service Package in addition to the originally agreed amount.
If the Commercial Seller would prefer a smaller Service Package, he must notify Classic Driver in writing or by email at least ten days before the end of the current contract period. The terms of the new Service Package shall apply from the first renewal period.
If the Commercial Seller does not cancel their current Service Package or change to another Service Package, in writing or by email, at least ten days before it expires, the current Service Package will be renewed automatically.
3.1.2 Booking of individual Listings by Private Sellers
Private Sellers can only book individual Listings and have a free choice of certain features (such as the length of time they run for, options, etc.). The Private Seller can place any number of Listings on the Classic Driver Platform at the prices set out in Section 4.1.1.
If Classic Driver establishes that a Commercial Seller has registered as a Private Seller, Classic Driver shall have the right to delete the Customer account in question immediately without reimbursing any fees that have been paid. If the Customer agrees to register as a Commercial Seller, Classic Driver will invoice him for the payments that have already been made.
4. Customer Payments
4.1. Payment of fees
The fees for placing individual Listings and for Service Packages are published in the price lists at www.classicdriver.com/en/sell. Fees for Private Sellers are inclusive of VAT. Prices shown for Commercial Sellers are exclusive of VAT.
Invoicing for services purchased by Commercial Sellers will take place in advance for each contract period and will include the following elements:
(i) the fixed fee (“Subscription Fee”) for the Service Package chosen by the Seller;
(ii) the additional fee (“Additional Fee”) owed by the Seller for additional services provided by Classic Driver.
Invoicing for services purchased by Private Sellers will take place in advance for the period for which the Listing is on the site.
The amount of the Subscription Fee will depend on the prices published at the beginning of each contract period. The Additional Fees are subject to change during the contract period.
4.1.2 Methods of payment
Private and Commercial Sellers may pay by credit card, PayPal or, if authorised by Classic Driver, on account. The Seller authorises Classic Driver to charge the invoice amount to their credit card. The Seller is required to ensure that they always have sufficient funds to enable payment on their credit card.
Where a Commercial Seller’s credit card details have been provided/stored, the same Service Package will be automatically re-booked one day before the expiry of the previous period and the Commercial Seller’s credit card charged accordingly.
The invoice will be sent to the email address that the Seller provided when they registered or has subsequently communicated to Classic Driver. The Seller must notify Classic Driver within ten days if they object to the invoice in any way; otherwise, the amount invoiced will be deemed to have been accepted. The invoice shall be payable without deductions within ten days of the invoice date.
If payment is not made within the payment period, the Seller will automatically be in default of payment, without notice of default, and Classic Driver shall be entitled, without further notice, to charge default interest of 8% p.a. Commercial Sellers will have to pay additional costs of €30.00 per reminder letter. Classic Driver shall also be entitled to temporarily or definitively block the Seller account without further notice and/or terminate the contract with the Seller without any notice whatsoever. If this should occur, the Seller shall have no right to claim compensation from Classic Driver. The fees for services purchased shall remain due in full and will not be refunded.
4.2. Responsibility for the content of Listings
A Listing involves publication of an independently designed representation of an item on Classic Driver which is used by the Seller to seek an interested party for the Product mentioned in their Listing.
The Seller may only post Listings for Products where a product category has been provided on the Platform. Listing multiple Products (either individually or as a package) within a Listing is not permitted. The Seller is required to post their Listings in the appropriate product category. The Seller is not permitted to insert links in their Listings to external websites or create advertisements for Products that do not relate to the category in which the Listing has been placed.
The Seller undertakes to design the Listings carefully and truthfully and to update them to reflect any changes. The Seller is responsible for making sure that the information provided is complete and accurate. This applies both to regulatory requirements in the Seller’s country of residence or registered office and to copyright regulations in the event that the Seller hires third-party workers or factories.
As soon as a Product has been sold or is no longer available for any other reason, the Seller must archive/mark as sold the Listing for that Product.
The Seller is obliged to provide information about the Product on offer that is accurate and not misleading in any way. The Listing is not a binding offer, but a non-binding basis for negotiation and serves essentially to set up contact between the Seller and the Buyer. Features that are significant for Buyers, particularly any known or suspected defects in the Product, must be specified in the Listing. The Seller may only post Listings for Products for which he has the right of disposal, i.e. those Products where he is able and entitled to transfer full and unencumbered title and possession.
4.3. Responsibility in connection with personal data
Any Seller who is in receipt of personal data as the result of an enquiry may only use it to process the enquiry and is obliged to delete it immediately after the enquiry has been processed.
4.4. Deletion of Listings by Classic Driver
If a Listing contains unlawful content or misleading information, Classic Driver may block or delete the Listing or parts of it without consulting the Seller or providing any reasons. The Seller may not make any claims against Classic Driver in connection with the blocking or deleting of Listings by Classic Driver; fees for posting Listings will remain due in full and will not be refundable. This shall also apply if a claim against the Seller elapses following blocking or deletion of the Listing.
5. Intellectual Property Rights
The Seller must ensure that the information required to create the Seller profile (such as texts, logos, pictures) is free from third-party rights. The use of pictures or pre-formulated Product descriptions that the Seller has not created himself or for which he has not acquired the rights is particularly prohibited.
The Seller shall grant Classic Driver the right, free of charge and for an unlimited time, to use the content (in particular text, image, audio and video content) that they have sent to Classic Driver, both online and offline (e.g. in print or online media), but for advertising and marketing purposes in particular, i.e. to make the content publicly available, to copy, distribute and process the content, by including Listings or excerpts in print or online media, for example (e.g. in specialist magazines, on websites or social media channels belonging to Classic Driver’s collaborative partners), in software applications and in emails or marketing campaigns.
All rights related to the information, elements, and contents of the Platform (such as copyright, trademark and other proprietary rights) other than the content provided by the Seller are owned by Classic Driver within the relationship between Seller and Classic Driver. The publication, reproduction, transmission, modification and/or combining of information, elements, and contents of the Platform for public and/or commercial purposes in any form is prohibited without the prior written consent of Classic Driver.
Classic Driver shall only be liable for direct loss or damage caused by an intentional or grossly negligent act on the part of Classic Driver. Notwithstanding the above or mandatory statutory regulations, any liability on the part of Classic Driver and its associated bodies, representatives or agents (including third parties who provide services for Classic Driver) for damages, in particular for indirect or consequential loss or damage (such as lost profits or the consequences of data loss) - irrespective of the legal basis - shall be excluded.
Any liability on the part of Classic Driver for the misconduct of Sellers or Buyers shall be excluded, particularly in connection with misleading information provided by Sellers or Buyers.
6.2. Technical faults, maintenance and limitations of capacity
Classic Driver makes every effort to keep the Platform accessible at all times. However, for maintenance, security or capacity reasons, or due to events beyond the control of Classic Driver (such as disruptions and interruptions to public communications systems, power failures, etc.), the Platform may suffer from disruptions or may temporarily suspend operations. Classic Driver reserves the right to temporarily restrict the posting and taking down of Listings for maintenance, security or capacity reasons.
Classic Driver will therefore not be liable for the temporary unavailability of the Platform, the failure of any or all of the website or Platform functions or for the Platform malfunctioning, and particularly not for loss or damage caused by software defects, hacker attacks or other problems caused by the internet. This shall not entitle the Seller to a reduction in future payments or the reimbursement of payments that have already been made.
6.3. No liability for the content on the Platform
Classic Driver shall not be responsible for the topicality or accuracy, legality, completeness or quality of the content published in the marketplace or on the Platform, or the content of web pages that are accessible through links on the Platform, regardless of whether this information is shared by other Sellers or provided by Classic Driver itself.
6.4. Customer’s liability for breaches of contract; indemnification
The Customer shall be liable to Classic Driver for any loss or damage caused by culpable breaches of contract.
The Customer shall release Classic Driver from any third-party claims arising from the infringement of third-party rights by the content provided and/or posted by the Customer, and shall compensate Classic Driver for any additional ongoing loss or damage. The Customer shall assume sole liability in relation to Classic Driver and shall pay all necessary and reasonable expenses, as well as the costs of the defence against such claims, both in and out of court (including legal costs and a reasonable level of lawyers’ fees).
7. Data Protection And Data Security
8.1. Transfer of the contract, rights or obligations to third parties
Classic Driver shall be entitled, either wholly or in part, to transfer the contract with the Customer or any of the rights and obligations arising from the contract to a third party, to pledge the contract, or have it carried out by a third party; Classic Driver shall provide consumers with an assurance that the third party will fulfil any obligations under this contract. The Customer may only transfer or pledge the contract with Classic Driver, or any of its rights and obligations, to a third party with the prior written consent of Classic Driver.
The Customer shall not be entitled to offset amounts due to him against amounts due to Classic Driver.
8.3. Hiring third parties
Classic Driver may delegate the provision of services to third parties, in whole or in part.
8.4. Requirement for written form
Agreements that differ from these T&Cs shall only be considered valid if Classic Driver has expressly agreed to them in writing.
8.5. Severability clause
If any of the individual provisions in these T&Cs become null or invalid, this shall not affect the validity of the remaining provisions. Any void or invalid provisions shall be replaced by provisions which correspond most closely to the economic meaning and purpose of the void or invalid provisions in a legally effective manner. The same shall apply in the event there are loopholes in the T&Cs.
8.6. Changes to the T&Cs, prices and the Platform
Classic Driver reserves the right to amend these T&Cs at any time, without providing a reason, and to publish the updated version on this website. The amended T&Cs will be emailed to the Customer. The amendments shall be deemed to have been accepted if the Customer does not object to them in writing within ten days of notification, or if the Customer continues to use Classic Driver’s services after receiving the amended T&Cs. If the Customer objects to the amended T&Cs, the contract between Classic Driver and the Customer shall end immediately without notice.
Classic Driver reserves the right to adjust any Additional Fees during the contract period to reflect market and/or price developments.
Classic Driver reserves the right to change the range of services on the Platform and the design of the Platform, or to offer a different range of services, if it has good reasons to do so, and during the contract period, if applicable.
8.7. Applicable law and place of jurisdiction
The contract between the Customer and Classic Driver (including these T&Cs) is subject solely to Swiss law, to the exclusion of agreements between states.
All disputes or claims arising out of or in connection with the contract between the Customer and Classic Driver, including the validity, infringement or termination of the contract, shall be settled by the ordinary courts. The exclusive place of jurisdiction shall be Zürich. Classic Driver reserves the right to sue the Customer in any other court of competent jurisdiction. Any mandatory consumer jurisdictions shall remain reserved.