TERMS AND CONDITIONS

General Terms and Conditions For Swap Watch

Last Update: 25.10.2016

1. Scope
1.1 Swap Watch Limited is the operator of Swap Watch online marketplace for quality watches (hereinafter “platform”). The following “general platform terms and conditions” apply to the free use of the platform.
2. Contract
2.1 Sending the online registration represents a legally binding offer to form a contract with Swap Watch. The user shall be notified by e-mail of receipt of his/her registration enquiry. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link. The user account will not become active until it is activated by Swap Watch. A visitor agreement shall only come into effect when the user account is activated by Swap Watch.
3. Service Description
3.1 Swap Watch offers registered users the technical possibility of Selling-Buying-Auctioning their watch via the platform (section 5).
3.2 Swap Watch Itself does not offer items for sale on the platform. Sellers’ Watches on the platform do not represent any legally binding offer of sale to enter a purchase agreement, but are merely a non-binding invitation to the provider to submit offers of sale.
4. Registration, User Account and User Information
4.1 Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
4.2 A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details. Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with Swap Watch and is essential for all contractually relevant correspondence between yourself and Swap Watch.
4.3 The password is confidential and care must be taken to ensure that access to the user account is secure. Users are asked to contact Swap watch immediately if there are signs that a user account has been misused by third parties.
4.4 The user account is strictly personal. The user account is none transferable. Neither is the user entitled without the express consent of Swap Watch to enable third parties to access his/her user account using his/her login details.
4.5 The user shall in principal be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.
5. Use of the Platform
5.1 Swap Watch may amend the use of the platform, or individual functions, or the scope in which individual functions can be used at any time.
5.2 Registration is free of charge
6. Obligations of the User
6.1 The user is obliged to describe sales objects accurately and correctly. The user has to truthfully state all essential characteristics and features as well as defects, potentially diminishing the value of the sales object.
6.2 The user shall ensure to be in possession of the offered sales object and entitled to sell-Auction it. The user shall further ensure that sales objects are original and not plagiarised goods.
6.3 The user is obliged to observe applicable law (such as competition and criminal law) when creating and publishing contents on the platform. The user also undertakes not to breach the rights of any third parties (for example, patent, trademark, copyright and data privacy laws). Particularly, the user shall ensure that publication of images and contents on the platform does not infringe the rights of any third parties. The user is prohibited, in particular, from offering articles on the platform, if the offer, the sale or the acquisition of the sales object infringes legal guidelines or the rights of third parties. The user is also prohibited from publishing such sales offers on the platform.

Usage Rights

6.4 For the purpose of publishing and advertising on the platform, the user shall grant Swap Watch a simple, irrevocable usage right that is unrestricted in terms of space, time and content, and transferable to third parties, to the posted or imported content. Swap Watch can reproduce, edit and use the contents in this respect of Further promoting the site (Swap Watch).
7. General User Obligations
7.1 The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes: the use of software, scripts or databases in connection with the use of the platform; automatic reading, blocking, overwriting, modification, copying of data and/or other content unless essential for proper use of the platform distribution and/or public display of any content from the platform without the approval of Swap Watch.
7.2 Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts to establish a personal database in whatever media format and/or.for commercial utilisation of data or to supply information and/or for any other commercial use.
7.3 The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).
7.4 The user shall notify Swap Watch without delay if any disruption occurs while using the platform or its functions.
8. Term of Contract, Termination, Blocking
8.1 The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.
8.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for Swap Watch to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 4.3, 4.4, of this agreement.
8.3 In the event of a good cause that allows termination without notice, Swap Watch may at its discretion deny access to the user account instead of termination. Swap Watch may also block access if the user has not used his/her login details for a period of at least one year.
8.4 Termination will result in the user not having access to his/her user account.
8.5 Termination by Swap Watch shall be deemed valid, amongst other things, if the user is duly notified at the e-mail address that he/she has provided. Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.
9. Warranty and Liability
9.1 Swap Watch endeavours to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which Swap Watch no influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible. Swap Watch is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work.
9.2 Swap Watch is not liable in the case of an ordinary negligent infringement of obligations, which are not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance with which the user may regularly depend upon.
9.3 Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.
10. Data Protection
10.1 Data protection is at the heart of what we stand for and will never share your details with any third party, Please contact us for a copy of our data protection policy.
11. Right of Indemnity
11.1 The user shall not hold Swap Watch and its staff and/or appointees harmless from all third-party claims in the event that a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the platform or services of Swap Watch by the user.
11.2 The user shall undertake to reimburse Swap Watch all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defence, which Swap Watch would incur to defend itself from third-party claims. In this case Swap Watch shall notify the affected user without delay of the legal defence measures to be taken.

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