Website Terms & Conditions

General Terms and Conditions for the Use of Websites and Marketplaces

These General Terms and Conditions for the Use of Websites and Marketplaces (the "Website Terms and Conditions") govern the terms of use of the websites and online marketplaces of Equippo AG (Equippo) (www.equippo.com and any local country versions operated by Equippo) (the Websites and Marketplaces) for the users as defined below in section 1 (the Users).

Users acknowledge that the Websites and Marketplaces are strictly B2B (business-to-business) marketplaces and that they are only intended for use of and shall only be used by professional users and individuals acting in a professional capacity which have reached the age of eighteen (18) and that the Websites and Marketplaces are not intended for use of consumers. Any embargoed persons or persons from embargoed countries are excluded from using the Websites and Marketplaces.

By registering according to section 2 below or creating a full account according to section 3 below, the User confirms and accepts that the use of the Websites and Marketplaces shall be governed by these Website Terms and Conditions. The Website Terms and Conditions are available under www.equippo.com/en/legals and can be printed out or locally saved.

Unless explicitly agreed otherwise by Equippo in writing, general terms and conditions and/or other contractual documents issued or provided by the User are explicitly waived and excluded. This shall also apply in case the User encloses general terms and conditions or other documents to the order or “order confirmation” or discloses such general terms and conditions or other documents otherwise to Equippo.

1 Users

For the purpose of these Website Terms and Conditions, Users are divided into the following three categories:

Users who visit the Websites and Marketplaces and do not need to register for using the features of the Websites and Marketplaces but are not allowed to conduct any transaction without creating a full personal account according to section 3 (the “Visiting Users”);
Users who are registered and accepted in accordance with section 2 in order to use certain features of the Websites and Marketplaces (the “Registered Users”); and
Users who have created a full personal account according to section 3 in order to conduct a transaction (the “Full Personal Account Users”).

Equippo may exclude any User at Equippo’s sole discretion from the use of the Websites and Marketplaces at any time.

2 Registration

The use of certain features of the Websites and Marketplaces may require registration.

Websites and Marketplaces are strictly B2B (business-to-business) marketplaces. The registration for the Websites and Marketplaces is permitted only to professional users and individuals acting in a professional capacity which have reached the age of eighteen (18); the registration is forbidden to consumers and to any embargoed persons or persons from embargoed countries.
Once a User has submitted its registration request and Equippo has reconfirmed such registration with a welcome message, the User becomes a Registered User. Equippo reserves the right to refuse any registration request at its sole discretion, and to cancel or suspend any registration at any time at its sole discretion, without prior notice.

By submitting his registration request, the registered User undertakes to comply with and agrees to these Website Terms and Conditions. The Registered User represents and warrants that all information provided by him is complete and accurate, and that he will update it if any changes occur.

The Registered User agrees that Equippo may contact him using the contact information provided by him during the registration. Costs incurring to the User in connection with the contacting, as for instance roaming costs, shall be borne by the User

3 Full Personal Account, Username and Password

In order to conduct any transaction on the Websites and Marketplaces, the User must create a full personal user account on the website, and create a username and password.

Websites and Marketplaces are strictly B2B (business-to-business) marketplaces. The creation of a full personal account for the Websites and Marketplaces is permitted only to professional users and individuals acting in a professional capacity which have reached the age of eighteen (18); the creation of a full personal account is forbidden to consumers and to any embargoed persons or persons from embargoed countries.

Users who are intending to buy resp. buying products via the Websites and Marketplaces (the Buyers) and who are subject to VAT taxes according to the applicable EU resp. Swiss law are permitted only if they hold a valid verifiable EU VAT ID Number resp. Swiss Company-Identification-Number (Unternehmens-Identifikationsnummer). For Users who are intending to sell resp. selling products via the Websites and Marketplaces (the Sellers), the creation of a separate full personal seller account is permitted only upon prior invitation by Equippo. To Sellers who are subject to VAT taxes according to the applicable EU resp. Swiss law, an invitation will only be granted if they hold a valid verifiable EU VAT ID resp. Swiss Company-Identification-Number (Unternehmens-Identifikationsnummer).

With the creation of the full personal account, the Full Personal Account User undertakes to comply with and accepts these Website Terms and Conditions and the applicable transactional terms, such as the Buyer Terms and Conditions and the Sales Authorization Agreement.

It is the Full Personal Account User’s sole and primary responsibility to hold his username and password (the Credentials) confidential, and to prevent by all means the use of these Credentials by any other person than the Full Personal Account User himself. The Full Personal Account User is liable for any damages resulting from an unauthorized use of the Credentials by any third party provided that the unauthorized use has been allowed by an insufficient and/or careless protection of the Credentials by the Full Personal Account User. The Full Personal Account User undertakes to notify Equippo immediately upon any suspicion or indication of unauthorized use of the Credentials or any other form of breach of security.

The Full Personal Account User agrees that Equippo may contact him using the contact information provided by him during the registration. Costs incurring to the User in connection with the contacting, as for instance roaming costs, shall be borne by the User.

4 No Warranties for Information Provided, Exclusion of Liability

The Websites and Marketplaces and the services of Equippo are provided on an “as is” and “as available” basis without any warranties of any kind, whether explicit or implicit, to the fullest extent permitted by law.

Equippo undertakes reasonable efforts to provide complete, accurate and current information from trustworthy sources. In no case however shall Equippo warrant, or deemed to have warranted, whether explicitly or implicitly, that the information provided on the Websites and Marketplaces is complete, accurate or up to date. Any decisions of the User based on the information provided by the Websites and Marketplaces or by Equippo are taken at the User’s own risk.

Equippo is not liable for any direct, indirect, incidental, intangible or consequential damages, including profit losses, resulting in any way from but not limited to any defects, viruses or other issues with the infrastructure involved in the access or use of the Websites and Marketplaces. Equippo is neither liable for any interception, modification or misuse of information exchanged between the User and Equippo nor for the abuse of the Websites and Marketplaces, loss of data, use of software made available on the Websites and Marketplaces nor for any third party claims related to the use of the Websites and Marketplaces.

5 Privacy and Data Protection

Equippo protects the User’s privacy and holds the User’s personal information confidential in accordance with Equippo’s Privacy & Data Policy. The Privacy & Data Policy is available under www.equippo.com/privacy-data-policy and can be printed out or locally saved.

Equippo has implemented various technical and organization measures designed to reasonably protect the User’s personal information and reasonably prevent unauthorized use of the Websites and Marketplaces. However, Equippo cannot guarantee that these measures will not be circumvented by unauthorized third parties. The User provides his personal information at his own risk.

6 User’s Obligations

It shall be the User’s responsibility to comply with any legal requirements regarding the use of the Websites and Marketplaces of the respective countries, or the country the User accesses the Websites and Marketplaces from. The User undertakes not to engage in any activity that may be harmful to and/or negatively affect the operation of the Websites and Marketplaces, including but not limited to its servers, software, content, infrastructure, code, availability, system security or other internet users of the Websites and Marketplaces. Specifically, without limitation, the following activities are prohibited: interference with the Websites and Marketplaces’ encryption systems, data transmissions and security systems or bypassing thereof; distributing, copying or republishing any part of the Websites and Marketplaces in any other channel or medium, whether manually or in an automated fashion (scraping); uploading any false information; uploading of viruses, worms or similar software; use of any automated system to access the Websites and Marketplaces if such system produces more traffic or server requests than manual conventional use; impersonation or misrepresentation of the User’s identity and his affiliations; collection of personal information of other Users such as usernames or IP addresses.

7 No Purchases outside of Websites and Marketplaces

For equipment that the Full Personal Account User has first identified on the Websites and Marketplaces as being for sale, he is prohibited from, without prior written consent of Equippo, contacting or attempting to contact the relevant Seller directly or indirectly other than via Equippo, or otherwise from attempting a purchase of the listed equipment other than via the Websites and Marketplaces. Should such purchase outside of the Websites and Marketplaces occur, the Full Personal Account User can be held liable for any damages occurred to Equippo.

On a case-by-case basis Equippo may facilitate, against additional fees, a personal inspection of the equipment by the Full Personal Account User or an authorized representative at the Seller’s premises. In case of such permissible contact with the seller the Full Personal Account User is likewise explicitly prohibited from a direct purchase outside of the Websites and Marketplaces and can be held liable for any damages occurred to Equippo.

8 Rights and Obligations of Equippo

Equippo will use reasonable efforts to ensure that the Websites and Marketsplaces are available with the least downtime possible. However, Equippo is not liable or responsible for any downtime or subsequent result of any downtime.

Notwithstanding that Equippo may monitor the content of the Websites and Marketplaces, the User acknowledges and agrees that Equippo is not under the obligation to do so.

Equippo may change or delete any content of the Websites and Marketplaces, restrict the User’s access or terminate the service at any time and at its sole discretion without prior notice.

Equippo is not responsible for any practices of third party websites it may be linked to or which are linked on the Websites and Marktplaces. The User acknowledges that (i) following such links is at his own risk, (ii) Equippo has no affiliation with such websites and (iii) Equippo is not liable for any consequences related to visits of such third-party websites.

9 Trademarks and Copyrights

Equippo, or the respective licensors, reserve all rights (including copyrights, patents, trademarks and any other intellectual property rights) with regards to all information (including designs, texts, graphics and code) disclosed on or through the Websites and Marketplaces. The User acknowledges that it is prohibited to copy, publish in any way, distribute, multiply, modify or download any information on the Website and Marketplaces without the prior written consent of Equippo or the proprietor of respective intellectual property rights. The Equippo trademark is the exclusive property of Equippo. The User acknowledges Equippo’s exclusive worldwide rights to the Equippo trademark and the Equippo hippo logo.

Should a User believe that his or any affiliated party’s copyrights or other intellectual property rights have been infringed by any content disclosed on the Website and Marketplaces, the User shall send a notice to Equippo’s contact details below, along with an authorization to act on behalf of the owner of the intellectual property right, a description of the alleged infringement, information about the location of the content in question, the User’s contact information, together with a statement of good faith belief that the disclosure of the content on the Website and Marketplaces use is not authorized and a statement that all information in the User’s notice is accurate.

10 Severability

Should any part of these Website Terms and Conditions be held to be invalid or unenforceable, the other provisions of these Website Terms and Conditions shall nonetheless remain valid. In this case, the invalid or unenforceable provision shall be replaced (by court order, as the case may be) by a substitute provision that best reflects the intentions of the original provision.

11 Right to Amendment and other Agreements

Equippo reserves the right to amend these Website Terms and Conditions at any time. Amendments shall become effective 24 hours after they have been announced to the User by email for all use of the Webites and Marketplaces thereafter.

Any deviations from these Website Terms and Conditions shall be agreed in writing and must be duly signed by authorized signatories.

Besides these Website Terms and Conditions, other specific transactional terms and conditions, such as the respective Buyer Terms and Conditions or the Sales Authorization Agreement may be applicable to Buyers resp. Sellers. In case of any discrepancies between these transactional terms and these Website Terms and Conditions, the transactional terms and conditions shall prevail over these Website Terms and Conditions.

12 Governing Law, Jurisdiction

These Website Terms and Conditions as well as any use of the Websites and Marketplaces and any contracts concluded via Equippo or the Websites and Marketplaces are exclusively governed by Swiss substantive law (to the exclusion of the conflicts of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980).

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Website Terms and Conditions, the use of the Websites and Marketplaces and any contract concluded via Equippo or the Websites and Marketplaces shall be Zug, Switzerland.

13 Notices

Any notices under these Website Terms and Conditions shall be sent by written electronic communication and by User’s choice of telefax, registered mail or overnight courier against signature.

Equippo AG
Grafenauweg 8
6300 Zug
Switzerland

E-Mail info (at) equippo.com
Telefax: +41 41 544 04 01

14 Prevailing Language

The English language version of these Website Terms and Conditions is the original version. Should the Website Terms and Conditions be used in other languages, the English version of the Website Terms and Conditions shall prevail in case of any inconsistencies.

Zug, Switzerland, 29. October 2014