SCOPE OF APPLICATION
The current general terms and conditions of sale (hereinafter “GTCoS”) apply to the rights and obligations related to the sale of products, services, and arts through the marketplace www.offers.kitetrotter.com (hereinafter individually referred to as “marketplace”).
KITE TROTTER reserves the right to change these GTCoS at any time. The version of the GTCoS in force at the time of order placement applies. Customers’ terms contradicting or deviating from these GTCoS in terms of their relationship with KITE TROTTER will not be recognised.
KITE TROTTER makes its marketplace available to customers for buying and selling products, services, and arts. Customers listing products, services, arts will hereinafter be referred to as “providers”, customers purchasing products, services, and arts as “buyers” and the transaction as either a “purchase” or a “sale”. Subject to other agreements, these GTCoS also apply to buyers and providers.
The range of products, services, and arts available on the marketplace (hereinafter referred as “offer”) is intended for customers whose place of residence or place of business is in accordance with the offer and shipping conditions of the respective provider.
CONTRACT CONCLUSION/PARTIES
All contracts made via the sale platform by the provider or buyer are concluded in their own name, on their own account and at their own risk. The provider is therefore the buyer’s sole contractual partner. Both the provider and buyer carry the sole responsibility for fulfilling and executing all purchase contracts (including delivery, warranty, guarantee, rescission of the contract, payment of the purchase price etc.).
The purchase agreement between buyer and provider takes effect when the order is placed/purchase is made by the buyer on the marketplace and so do the conditions seen by the buyer on the marketplace (particularly the sale price and delivery timescale). The buyer and provider both agree to satisfy this purchase agreement in full.
KITE TROTTER is not party to the purchase agreement. It acts solely as an intermediary and service provider between the buyer and provider. The purchase agreement is fulfilled exclusively by the buyer and provider.
The buyer can see details of the provider, and therefore their contractual partner, on both the marketplace and their order confirmation.
When an online order is made, the buyer will be sent an automatic order confirmation from KITE TROTTER to the email address the former provided. This simply notifies the buyer that the order has reached the marketplace and that the contract with the provider has come into effect.
The provider alone is responsible for the correct declaration and payment of all applicable value added taxes (VAT) and any other taxes, duties, and charges in relation to all sales made by the provider via the marketplace.
The buyer and provider shall ensure that they comply with these GTCoS at all times
BUYWER – PROVIDER RELATIONSHIP
CONTRACT TERMS IN THE ABSENCE OF DEVIATING TERMS
If no other conditions or supplier product descriptions apply when the contract is concluded and the parties have not agreed anything else, the following terms govern purchase contracts:
The terms of the purchase contract between buyer and provider are determined by the product-, service- and art-description provided by the provider and the conditions listed on the marketplace (particularly the sale price).
The product-, service-, and art-description constitutes the contract terms, meaning that the provider guarantees that the product, service, and art has the characteristics described.
The provider is liable for any material defects, meaning non-disclosed defects which nullify or considerably reduce the value or use of the product, service, and art in terms of its intended use. In particular, the provider is liable for the functionality of a purchased product in the absence of a clear description to the contrary.
The provider must grant the buyer unencumbered possession and third party-free ownership of the product on payment of the purchase price. Limitations of liability are not permitted in this matter.
The buyer recognises that the sale of used products may involve slight visual defects, which are excluded from the guarantee.
All disputes between buyer and provider in connection with this sales contract is governed by the national law of the provider and excludes United Nations Convention on Contracts for the International Sale of Goods (CISG).
EXECUTION OF THE CONTRACT
The provider will be notified of the buyer’s name, address and email address after the contract has been concluded and the sales price has been payed.
Products can only be delivered to customers whose place of residence or place of business is in accordance with the offer and shipping conditions of the respective provider. In principle, the products will be shipped, unless the buyer and provider have agreed otherwise (e.g. pick-up).
If there is a delivery delay, the buyer is entitled to withdraw from the contract from 10 days after payment of the purchase price. In this instance, KITE TROTTER shall refund the buyer any payments they have already made. Any claims against KITE TROTTER exceeding this shall not be accepted.
INVOICING, DEBT COLLECTION & PAYMENT
hereinafter “invoice amount”) and all related rights (particularly interest claims).KITE TROTTER is entitled to charge the commission fee against the amount owed to the provider for the encashed invoice amount.KITE TROTTER shall generate an invoice for the provider for every order, listing each position.The provider must make any complaints about this invoice within seven working days after receipt. After this period, the invoice is deemed as unconditionally accepted.
REVERSAL OF THE PURCHASE CONTRACT
The purchase contract can only be reversed within 30 days from receipt of the purchase price and only if the credit is still in the provider’s customer account (and has not yet been transferred to his/her own bank account). Furthermore, both buyer and provider must approve the reversal and demonstrably carry it out (e.g. postal receipt for the return of the purchased item). When a purchase contract is reversed, KITE TROTTER either waives its commission fee or refunds the provider. KITE TROTTER also refunds the purchase price which the buyer has already paid. KITE TROTTER reserves the right to claim compensation for the reversal of the contract.
PROVIDER’S OBLIGATIONS
MANAGING YOUR SHOP ON KITE TROTTER
Your shop represents you and your business to the kite community. It’s important that you, your items, and your shop are honestly and accurately represented.
By selling on KITE TROTTER, you agree that you will:
• Provide honest, accurate information in your About section.
• Honor your Shop Policies.
• Ensure your shop content, such as any text, photos or videos used to represent yourself, your shop or your listings, abide by KITE TROTTERS’s policies, including our Anti-Discrimination policy.
• Accurately represent your items in listings and listing photos.
• Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to KITE TROTTER.
• Not engage in fee avoidance.
• Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of shilling, manipulating search or circumventing KITE TROTTERS’s policies.
• Not coordinate pricing with other sellers.
PRODUCTS, SERVICES, ARTS, AND PRICES
By listing products, services, and arts for sale on KITE TROTTER you understand and agree that you are responsible for complying with all applicable laws and regulations for the products, services, and arts you list for sale, including any required labels and warnings. KITE TROTTER assumes no responsibility for the accuracy, labeling, or content of your listings.
KITE TROTTER is entitled to exclude the sale of certain products, services, arts, and categories.
The provider must ensure that all published sale prices on the marketplace have end prices which contain all applicable taxes (particularly any VAT), any advance recycling fees, packaging costs, delivery charges and all other fees, taxes, and charges.
The provider must not provide any incorrect, misleading, dishonest, offending or in any other way unlawful information about the product, service, and art in question. The provider may not sell products, services, and arts with unlawful content.
SERVICE STANDARDS, SHIPPING, AND SHIPPING CONFIRMATION
By selling on KITE TROTTER, you agree to:
• Honor your shipping and processing times. Providers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
• Respond to Messages in a timely manner.
• Honor the commitments you make in your shop policies.
• Resolve disagreements or disputes directly with the buyer.
• If you are unable to complete an order, you must notify the buyer and cancel the order.
The provider is obliged to send the product to the buyer within four days from KITE TROTTER’s sales confirmation and must confirm shipment in the customer account.
POWER OF DISPOSITION OVER THE OFFERED PRODUCT
The provider must be free to dispose of the offered product, service, and art. This means that they are able and entitled to offer the service and transfer full and unencumbered possession and ownership of the product or art to the buyer.
COMMISSION FEE
The provider shall pay KITE TROTTER commission fees for providing access to buyers. The amount of these fees is detailed in Appendix “Commission Fees”. KITE TROTTER is entitled to adjust the commission fees at any time with a notice period of 30 days.
The commission fees are calculated based on the sale price of the product, service, and art (including fees, charges, packaging costs, shipping, and delivery fees, but excluding any VAT).
The commission fees applies to all purchase contracts which the provider makes with buyers on the marketplace. The commission fees do not apply if the purchase contract between buyer and provider is subsequently dissolved by mutual consent or the buyer does not pay the purchase price, contrary to their obligation to do so.
The entitlement to a commission fee comes into effect when the purchase contract is concluded in accordance with section “CONTRACT CONCLUSION/PARTIES”.
PROOF OF SHIPMENT
If requested by KITE TROTTER, the provider must provide proof of shipment (e.g. parcel number, proof of postage or similar evidence).
BUYER’S OBLIGATIONS
Payment
Placing an order requires the buyer to accept the product, service or art and pay the sales price. The buyer recognises that KITE TROTTER shall collect payment of the purchase price and undertakes to make all payments exclusively to KITE TROTTER.
Payment must be made in Euro.
Inspection obligation and confirming receipt
The buyer is obliged to confirm the receipt of the product, service or art in his/her customer account within 14 days after receiving the request to do so. Furthermore, the buyer must also check the condition of the product and art within the same timescale. By confirming receipt of the product, service or art, the buyer confirms that he/she has inspected the product, service or art and deemed it compliant with the contract.
PROVIDER – KITE TROTTER RELATIONSHIP
By listing their item(s), the provider agrees to the current GTCoS and particularly to the KITE TROTTER’ commission fees. If they do not comply with the fundamental obligations of the GTCoS, KITE TROTTER is entitled to exclude them from using the marketplace.
The provider recognises that the marketplace is a technically complex platform, and that constant availability cannot be guaranteed. The provider expressly waives the right to claim compensation in connection with temporary downtime of the marketplace and/or the technical connection.
LIABILITY AND EXCLUSION OF LIABILITY
KITE TROTTER’s liability is based on the applicable legal provisions. In no event shall KITE TROTTER be liable for the completeness or accuracy of customer details on the website, nor any loss of profit or consequential damages.
FURTHER PROVISIONS
Data protection and use
For the purpose of processing the purchase contract, the buyer’s data (name, address, telephone number, etc.) are transmitted to the provider. The provider may only use this data to fulfil the relevant purchase contract. The provider is prohibited from using this customer data for any other purpose (particularly marketing or other purposes, passing it on, selling it, etc.). The provider must process customer data in full compliance with applicable data protection legislation.
On termination of this contract, the provider must delete all existing data generated on the marketplace, excluding data that must be stored for legal reasons.
The provider recognises that customer data generated on the marketplace belongs to KITE TROTTER and KITE TROTTER is therefore entitled to use it.
The provider grants KITE TROTTER free and unlimited rights to use all data (particularly product, service and art data) that it provides on the marketplace. In particular, this includes the right to adapt and publicise this data for advertising purposes in print media, online and via other communication channels. This usage right continues after this contract has ended.
Furthermore, the privacy policy applies to the processing of personal data by KITE TROTTER.
Partial invalidity
Should individual terms of these GTCoS be invalid or void, the validity of the other provisions of these GTCoS shall not be affected.
Place of jurisdiction and applicable law
All legal relations between KITE TROTTER and buyers or providers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Subject to legal provisions to the contrary, the place of jurisdiction is the city of Zug, Switzerland.
Copyright notice
All rights to these GTCoS, particularly copyrights, are reserved by KITE TROTTER.
All reproduction, distribution or other use is prohibited except with written permission from KITE TROTTER. In the event of breach of this requirement, KITE TROTTER reserves the right to take legal action.
APPENDIX
«Commission fees»
| Free | 8% |
| Starter | 7% from 0 – 10k 6.5% from 10 – 20k 6% from > 20k |
| Pro | 6.5% from 0 – 20k 6% from > 20k |
| Business+ | 6% |
Last update: February 2022
Kite Trotter AG
Bahnhofstrasse 10
6302 Zug
Switzerland
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