General Terms and Conditions

The following General Terms and Conditions govern the cooperation between goods and services providers and/or consumers with netandbuy.com regarding access to the service offering.

Users shall have technical access to the entire service offering of netandbuy.com by way of providers selected by the user and special third-party software obtained by the user via the Internet.

Parts of the service offering of the netandbuy.com platform are only made available after prior registration and/or identification of the user. The user registers and/or identifies himself by entering a login and password chosen by him.

The customer shall be entitled to offer his goods and services on the Internet in accordance with the agreement. The customer shall be fully responsible for the content and presentation of his offer. The customer’s website cannot contain any information with illegal content or allow for it to be retrieved. netandbuy.com AG shall not be obligated in any way to examine the content of customer offerings. It reserves the right to unilaterally cancel the agreement without notice in such an event, and to immediately deactivate the Internet presentation and accounts; it reserves the right to claim for damages, as well as to take/to initiate the respective legal steps under civil and criminal law.

The user pledges to keep his login information confidential, and to prevent unauthorized parties from misusing it. The password in particular cannot be written down and must be changed at regular intervals. The user shall be responsible for all consequences resulting from the use and misuse of his login information. If there is reason to believe that unauthorized third parties have obtained knowledge of the login information, the password must be changed immediately, or respectively the user must have it changed immediately. The user must check all data entered or to be transmitted by him for completeness and accuracy. The user shall remain responsible for the transmitted data until having received a system confirmation.

netandbuy.com is not a representative of the provider, and shall not assume any liability vis-à-vis third parties, especially interested parties for the proper fulfilment of an agreement, concluded on the basis of an offer made on the platform.

netandbuy.com shall not assume any liability for orders that are not executed or not executed in a timely manner, or for the resulting damages.

netandbuy.com also does not assume any responsibility for the user’s end device, technical access to the service offering of netandbuy.com, or the software required for such access. Transactions are carried out via an open network, namely the Internet.

netandbuy.com shall not be liable for any damages resulting from the utilization of the Internet. This also applies to the software it provides and the consequences resulting from and occurring during the transmission of the software via the Internet.

If security risks are detected, netandbuy.com reserves the right to interrupt the platform services at any time to protect the user until such time as the risks have been remedied. netandbuy.com does not assume any liability for any damages resulting from this interruption or a block.

netandbuy.com shall not be liable for the consequences of malfunctions, interruptions, and delays, particularly with regard to processing, unless it is guilty of gross fault.

netandbuy.com shall not be liable for any damages incurred by the user as the result of non-fulfilment of its contractual obligations or for indirect damages and subsequent damages such as lost earnings or third-party claims.

In all other regards, netandbuy.com shall only be liable for intent and gross negligence with the exception of fundamental contractual obligations. In cases of slight fault, netandbuy.com shall not be liable for any damages caused by its auxiliary persons while executing their duties.

• netandbuy.com reserves the right to change its offering at any time.
• netandbuy.com also reserves the right to deactivate user accounts if there are substantiated doubts about the accuracy of the information.
• netandbuy.com reserves the rights to amend its website at any time, and to change or delete information.

In principle, it is possible for unauthorized persons to gain access to confidential user data due to the data transfer methods used.
The user therefore especially acknowledges the following risks:

• Insufficient system know-how and insufficient security precautions can make it easier for unauthorized persons to gain access (e.g. insufficiently protected storage of data on the hard drive). There is always the risk that a computer virus could spread to the computer that has contact with the outside world, either through computer networks (e.g. the Internet) or disks. The use of antivirus software can reduce this risk. Users are recommended to use such software. The user is responsible for being thoroughly informed as to the required security measures.
• It is important that the user only works with software from trustworthy sources.
• It is possible for third parties to gain access to the customer’s computer without being detected while the customer is using the Internet.
• The Internet’s availability cannot be guaranteed. Transmission errors, technical defects, malfunctions, illegal interferences with the Internet’s features, network overload, intentional clogging of the electronic accesses by third parties, interruptions and other network operator deficiencies may occur.

The users of netandbuy.com acknowledge that their use of netandbuy.com from another country might violate foreign legal provisions. The user shall be responsible for obtaining information in this regard. netandbuy.com shall not assume any liability in this regard. Users using netandbuy.com from another country particularly acknowledge that there may be import and export restrictions pertaining to the encryption algorithms that might be violated when the netandbuy.com platform is used from another country.

netandbuy.com reserves the right to amend these General Terms and Conditions at any time for future transactions. The respective General Terms and Conditions published on the netandbuy.com website apply that were valid at the time the agreement was concluded.

This agreement is subject to legal provisions governing the operation and use of netandbuy.com. They shall apply from the time they become effective, and also apply for the access to the netandbuy.com platform described herein.

If one provision of the General or Amended Terms and Conditions is or becomes invalid, the remaining provisions of said Terms and Conditions shall not be affected. In this case, the contracting parties pledge to substitute this provision with another that most closely represents the economic intent of the invalid provision.

This agreement shall be governed by Swiss law. The place of jurisdiction is the registered office of netandbuy.com.

These General Terms and Conditions were last amended on 1 November, 2008.