1. scope of application
The malimpex GTC govern the rights and obligations associated with the use of the malimpex.ch portal and the contractual relationship between malimpex and registered malimpex.ch users.
Users of the malimpex.ch portal may use the services of malimpex.ch as visitors, producers of handmade products and course providers („producers“) and suppliers of materials for handmade products („suppliers“). Producers and suppliers are grouped together under the same terms and conditions as „Suppliers“.
2 Legal status of malimpex
The malimpex.ch portal mediates the purchase and sale of handmade products, materials and courses from Switzerland and abroad.
malimpex is not the seller of the products/materials/courses presented on the portal. Contractual partners of the buyers are only the suppliers and not malimpex.
On this portal, the registered users conclude the contracts among themselves autonomously and on their own responsibility. The fulfilment of the contract is the sole responsibility of the provider and the buyer.
The products offered on malimpex.ch must be original products of the producer. The producer guarantees that the products are manufactured by hand. The products come from the producer’s own production or are produced in a team, whereby the producer must be part of the team.
No products are brokered on the portal
– which are bought and offered for sale without minimal intervention by the producer (exceptions are materials for handicrafts)
– which do not meet the quality requirements of the portal
– which use motifs or techniques protected by the rights of third parties (copyrights, trademarks, designs, names, patented technologies). The producer is responsible for the legal conformity of the names and products used. Likewise, malimpex accepts no liability for any patent infringements or other violations of applicable law. Only pictures and texts may be used and published on malimpex.ch which have been created by „providers“ themselves or the use of which has been approved by the rights holder; this also applies in particular to text and picture material which is publicly accessible on another website.
– which are second-hand products
– which are not the legal property of the producer or supplier.
– in all other respects, clause 2 of malimpex.ch’s code of good conduct shall apply.
malimpex.ch may discontinue its business activities without reason. Suppliers and buyers have no claims in connection with the discontinuation of malimpex.ch business activities.
Registration on malimpex.ch is free of charge for buyers. Producers (shops) receive a quarterly invoice in accordance with the fee regulations.
The use of malimpex.ch to search for products, materials, courses and suppliers is possible without registration. Registration is required for various functions, such as buying and selling products, materials and courses, comment and product evaluation functions. Shopping for products, materials and courses is also possible without registration as a „guest“.
All natural persons over 18 years of age as well as legal entities can register on malimpex.ch.
Registration and all correspondence between malimpex and producers or suppliers is in German. Suppliers who wish to set up a webshop on malimpex.ch in another language must first obtain the approval of malimpex once. The corresponding request should be sent to firstname.lastname@example.org.
The data requested during registration must be provided completely and correctly. The registered user is obliged to keep his contact and registration data (including name, address, e-mail address, telephone number and, for producers and suppliers, payment information) up to date. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named. When registering, only individual persons may be specified as the owner of the user account.
When registering, the user chooses a user name and a password. The registration is unique. After successful registration, only the e-mail address and password are required for a new registration.
A user account is not transferable.
Each registered user is responsible for maintaining the confidentiality of his or her access data. malimpex accepts no liability whatsoever for any damage resulting from misuse.
Every registered user is obliged to accept malimpex’s general terms and conditions.
4. blocking and termination
If there are concrete indications that a user has violated legal regulations, the rights of third parties or the malimpex GTC, malimpex may take the following measures:
– Deletion of offers and other content that have been posted on malimpex.ch
– Warning of users
– Temporary blocking
– Final blocking
malimpex may exclude registered users from malimpex.ch for the following reasons if:
– the user repeatedly receives negative reviews
– false contact or payment information is provided
– he transfers his user account or grants third parties access to the portal via his user account
– he causes considerable damage to other users and malimpex.ch
– products are offered which may not be offered according to these GTCs
– there is another important reason
malimpex.ch may delete the shops of registered users if they have not posted any products within 4 weeks of registration.
As soon as a registered user has been permanently blocked, there is no entitlement to restoration of the blocked shop. The blocked user may not register again with malimpex.ch with a different user name or e-mail address.
In the case of an annual subscription, the registered user may terminate his contract with malimpex one month before the subscription is extended. Written notification to email@example.com is accepted as notice of termination. The cancellation is legally valid as soon as the user has received a confirmation from malimpex by e-mail. Otherwise, the user is obliged to pay the subscription fees.
5. sale on malimpex.ch
Only registered providers can sell their products and materials or offer courses on malimpex.ch.
Suppliers can set up a shop on malimpex.ch in which all their products and courses offered are listed. The providers themselves are responsible for the products, materials and courses listed in their shop and for compliance with all legal requirements.
The creation of a shop is free of charge, the placement of products, materials and courses in the shop is subject to a fee.
The provider chooses a shop name that is identical to the user name. The shop name must not infringe the rights of third parties and must not offend common decency. This also includes that neither the name nor the texts may refer to an external website. malimpex.ch reserves the right to delete these references to external websites.
The provider may not publish his contact details in his profile, terms and conditions or otherwise. malimpex.ch reserves the right to delete the contact details.
By posting a product or a course, the provider makes a binding offer to sell this product or course at a fixed price to the buyers.
The provider must describe his posted products and courses in detail and depict them authentically. The provider shall truthfully inform the buyers about the properties and features of all its products offered or about the content of the course as well as about its GTC.
The purchase contract is concluded when the following process is completed: The buyer places a binding order with the provider and receives a confirmation by e-mail. If the provider confirms an order only partially, the purchase contract is only concluded when the buyer agrees to the partial delivery of his order and has confirmed this by e-mail.
5.2 General Terms and Conditions (GTC) of the Producers
The supplier defines his shop GTC himself. These include the following: payment method and delivery conditions. The supplier may include further terms and conditions of sale, e.g. warranty conditions. The GTC may not contain any impossible or unlawful content or be contrary to good morals.
The buyer accepts the terms and conditions of the individual shop as stated in the product description and in the supplier’s GTC, provided that these terms and conditions are not in conflict with these GTC or legally invalid.
The individual shop T&Cs must not violate the malimpex T&Cs and the morality of malimpex.ch, otherwise malimpex reserves the right to ask the suppliers to adapt their T&Cs accordingly.
The buyer agrees that the providers registered on malimpex.ch offer different delivery and payment conditions.
5.3 Payment and delivery conditions of the supplier
The supplier defines the terms of payment and delivery himself in his GTC. The supplier shall inform the buyer in detail about its payment and delivery conditions and delivery periods.
Vendors subject to VAT are obliged to state their prices including VAT.
The sales price shown on the portal is a gross price, including commission and any applicable VAT. When the sale is concluded, a commission is payable to malimpex from this sales price (excluding delivery and shipping costs and any VAT). See also the fee regulations.
Vendors are not permitted to charge the fees and/or commissions payable to malimpex to the buyer in addition to the sales price shown on the portal or to claim them from the buyer.
malimpex accepts no responsibility for realised or unrealised payments, incorrect payment information or late payments.
5.4 Communication between seller and buyer
Communication between the buyer and the seller takes place on the malimpex.ch portal in the „Post“ section for the respective seller. The communication is not public and not visible to other malimpex.ch users. malimpex reserves the right to retain access to the communication in order to check or delete its content in the event of suspected violations of legal provisions or of these GTC.
Texts and images published by a user on malimpex.ch in any form whatsoever (offer, classified ad, rating, within the framework of all communication channels, etc.) must not be aimed at concluding contracts outside malimpex.ch or directly or indirectly invite users to do so.
5.5 Evaluation of providers
malimpex.ch has a rating system in which buyers rate the sellers after the conclusion and fulfilment of a purchase contract. The rating system serves the purpose of quality control and buyer protection.
Buyers are obliged to provide truthful and factual information in connection with the execution of the purchase contract. Ratings may not violate any personal rights of third parties; in particular, they may not be insulting, obscene, defamatory, harassing, defamatory, disparaging, discrediting, damaging to reputation or similar.
malimpex reserves the right, at its own discretion, to delete unjustified ratings or ratings that violate these GTC. There is no entitlement to the restoration of deleted evaluations.
6. obligations of the sellers towards malimpex
6.1 Listing fees, commissions
For providing space for the shops on the malimpex.ch portal and the associated services and advertising, malimpex charges listing fees and a commission for each product sold as well as material and the course. See also fee regulations.
Listing fees and commission for sold products, materials and courses are to be paid solely by the sellers.
malimpex reserves the right to adjust the current prices and fees at any time. The sellers will be informed in good time of any changes on the website, in a newsletter or by e-mail.
6.2 Invoicing of the sellers
Invoices for commissions and listing fees are sent to the provider quarterly (in January, April, July and October) to his registered e-mail address and to his mailbox in „Post“.
The producer takes the details for the payment of listing fees and commissions from the payment information for fees and commissions.
The invoice for listing fees and commissions is due 14 days after receipt.
The invoice shall include the following items:
– Commissions for transactions in the previous months since the last invoice was issued.
– Listing fees for listed products, materials and courses for the next 3 months
Invoices that do not reach the amount of CHF 3 after 3 months will automatically be rounded up to this amount.
10 days after the invoice date, the first payment reminder (reminder) is sent by e-mail and 20 days after the invoice date, the second and final reminder is sent. malimpex has the right to charge reminder fees of CHF 10.- per reminder after the first reminder.
In the event of non-payment of an outstanding invoice amount, including reminder charges, up to 50 days after the invoice date, the shop profile will be blocked, i.e. automatically converted into a buyer profile and all products will be set to inactive. However, the amount owed is still payable.
In the event of a conflict between supplier and buyer, the commission is owed and the supplier is not entitled to a commission refund.
7. data protection
The data protection regulations of malimpex.ch apply.
8. intellectual property
8.1 Rights of malimpex and granting of licences
malimpex.ch retains all copyrights and other rights to the website and to the content, information, images, videos and databases published by it via the website. Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of the protected property without the prior written consent of malimpex is prohibited.
malimpex.ch grants buyers and providers a non-exclusive and time-limited right to use the property of malimpex.ch insofar as this is necessary for the use of the services offered by malimpex.ch within the scope of these GTC.
8.2 Rights of the buyer and provider and granting of licences
Buyers and providers retain all ownership rights to the content and comments they post on malimpex.ch.
By posting content or comments on malimpex.ch, buyers or sellers grant malimpex.ch a worldwide licence:
malimpex.ch a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with making the services available and otherwise in connection with making the website and malimpex.ch’s business available. ch, including without limitation advertising and redistribution of all or any part of the Website (and derivative works based thereon) in any media format and by any means of distribution.
A non-exclusive, royalty-free licence to each user of malimpex.ch to the extent necessary to use the services offered by malimpex.ch.
The licences granted above expire as soon as the corresponding content is removed from malimpex.ch.
9. limitation of liability
Unless expressly mentioned in these GTC and permitted by law, all warranty claims against malimpex are excluded.
malimpex shall only be liable for direct damage caused by malimpex’s own intentional or grossly negligent action. Liability of malimpex for direct damage in the case of slight negligence – irrespective of the legal grounds – is expressly excluded, subject to mandatory statutory provisions. Liability on the part of malimpex for indirect damage or consequential damage – irrespective of the legal grounds – is fully and explicitly excluded.
9.2 Technical faults, maintenance
malimpex shall not be liable for the temporary unavailability of the portal, the failure of individual or all portal functions or for malfunctions of the website. In particular, malimpex shall not be liable for technical problems due to which offers or bids are not accepted or are processed late or incorrectly. The malimpex website may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons, without the user being entitled to any claims against malimpex as a result.
9.3 Contents and offers
malimpex is not obliged to check the offers, evaluations and other information published by users on malimpex.ch and, in particular, accepts no responsibility for
– the truthfulness and otherwise correctness of offers
– the quality, safety, legality, authentic image and other details or availability of products offered
– complaints, rectification of complaints, compensation, exchange of goods or refund of money
– the timeliness or content of delivery
– the ability, authority and willingness of the individual Member to offer, purchase, deliver, pay or otherwise perform the contract.
9.4 Users and third parties
In particular, malimpex.ch is not liable for damages incurred by users or third parties as a result of the conduct of other users or third parties in connection with the use or misuse of malimpex.ch.
9.5 Linked websites and blogs
malimpex assumes no liability for the topicality, correctness, legality, completeness or quality of the content of websites that can be accessed via links on malimpex.ch and excludes all liability in this connection.
Reference may be made to blogs on malimpex.ch, provided that no reference is made to external pages on the blogs or to sales outside malimpex.ch.
If other users or third parties assert claims against malimpex due to infringement of their rights by offers or content published by a user or due to other use of malimpex.ch by users or visitors, this user or this visitor shall indemnify malimpex against all claims and shall also bear the costs of malimpex’s legal defence (including court and lawyer’s fees).
malimpex reserves the right to amend these GTC at any time. malimpex shall list the date of the last amendment in each case.
12 Applicable law and place of jurisdiction
All disputes between malimpex and the portal users in connection with these GTC are subject to Swiss law, excluding the rules of international private law. The place of jurisdiction is Bern, Switzerland and Dublin 2, Ireland for EU customers.
13. severability clause
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
Dublin, 20 September 2021, Version 2.0