Terms and Conditions
Welcome to Exclusiv Loot and our website and online marketplace at www.lootbasel.com. These general terms and conditions govern the use of the online marketplace of Exclusiv Loot GmbH, Wanderstrasse 161, 4054 Basel, Switzerland ("Exclusiv Loot", "we", "us" or "our") ("Exclusiv Loot", "we", "us" or "our").
- SCOPE
- 1. An online marketplace is provided under the domain www.lootbasel.com. Various natural and legal persons and partnerships (“commercial users of the marketplace”) can post sales offers for goods on this online marketplace, provided that their offer, purchase or publication does not violate relevant legal or contractual provisions.
- 2. In addition to the product selection, customers have the choice between different providers. In their function as legal sellers, they are already named as such when presenting the offer under “Seller:” and are listed as part of the order processing.
- REGISTRATION AND ACCOUNT
- 1. In principle, the use of our website is possible without registration. It is only necessary to register a personal customer account (“account”) to use certain functions/services on our website and to make purchases via the online marketplace.
- 2. There is no fundamental right to register and use the functions of our website.
- 3. Individual natural persons of legal age and full legal capacity can register (but not groups of people such as families or married couples), legal entities and partnerships.
- 4. Furthermore, the following conditions apply to setting up an account:
- 5. Account registration is free.
- 6. When registering his account, the customer must provide his full name and email address and choose a password (access data). The customer guarantees that the information provided during registration is true and complete. If a customer provides incorrect or incomplete information, Exclusiv Loot is entitled to terminate and delete the customer's account without notice.
- 7. The customer is not entitled under any circumstances to pass on his access data and in particular his access password to third parties. If third parties nevertheless gain access to the customer's account or the customer has other indications that their account is being misused, the customer must inform Exclusiv Loot immediately and change their access data.
- 8. Multiple registrations by a customer are not permitted.
- 9. Logging out of an account is just as quick and easy. To do this, the customer can use the “Log out account” link in the “My Account” management. The account logout process will begin immediately.
- 10. In the event of misuse, Exclusiv Loot reserves the right to immediately delete the account and take legal action.
- CONCLUSION OF PURCHASE CONTRACT AND ORDER PROCESSING
- 1. The contracts are concluded exclusively between customers and sellers of the online marketplace.
- 2. The order itself - from recording to reversal - is processed via marketplace systems, but legal responsibility for both the offer itself and the execution of the order generally lies with the respective seller.
- PAYMENT PROCESSING
- 1. To process payments between customers and sellers, the seller has used Exclusiv Loot GmbH, which in turn uses Shopify (the “payment service provider”). The payment service provider is authorized to offer payment services.
- 2. The payment service provider offers payment services for the processing of contracts for the purchase and sale of products between the customer and the seller that are concluded on www.lootbasel.com. The payment service provider accepts payments from customers using various payment methods for the seller in its own account at a credit institution and pays out the funds from the sale of the products to the seller.
- 3. For the payment itself, customers can choose between the payment options provided on www.lootbasel.com or the payment methods offered by various service providers.
- DATA PROTECTION
- 1. The processing of your personal data takes place in compliance with your legal positions under data protection law. In order to carry out the service, it is necessary that the data you provide is forwarded to the provider of the offer used in order to enable them to authenticate the customer and to provide the services ordered as part of the offer (e.g. shipping and billing for ordered goods).
- 2. The data that you enter in the check-out to place your order will be processed as part of your order and the associated processes and, in this context, if necessary, passed on to third parties from Switzerland and the EU and third countries, in particular the respective sellers and payment services -/payment method provider.
- 3. In addition to transferring the data necessary to fulfill the legal transaction as part of order processing, the sellers also have access to the complaints system and can view the message changes there regarding the tickets.
- 4. Further information can be found in the data protection declaration.
- DIRECT ADVERTISING
- 1. If customers have purchased via the online marketplace, Exclusiv Loot also uses the email address provided in connection with the purchase for service information such as satisfaction surveys and to advertise its own similar offers via email. In such a case, only direct advertising for our own similar goods or services will be sent via email. Processing can be objected to at any time. The revocation must be communicated in text form to the following address: support@lootbasel.com or the link provided in every email can be used to completely unsubscribe from the newsletter/direct advertising. This also makes it possible to revoke your consent to the storage of personal data collected during the registration process.
- NO LIABILITY FOR PARTNERS
As a marketplace operator, we may work with various partners who also offer services on their websites that are accessible through our websites. These partners may have their own privacy statements and/or policies. We are not responsible for the content or privacy policies of our partners.
- COPYRIGHT/TRADE RIGHTS
The content on our website is protected by copyright. Downloading all content is permitted exclusively for private, non-commercial use without our consent. Linking is only permitted with our consent. The use and application of all logos and trademarks is prohibited to third parties.
- WARRANTY/LIABILITY
- 1. Exclusiv Loot endeavors to provide all of the website's functionalities as long-term and as trouble-free as possible. Due to technical circumstances such as configuration changes, maintenance, device failure, etc. However, this cannot be guaranteed completely. In the event of a service failure, Exclusiv Loot will endeavor to restore problem-free usability as soon as possible. Exclusiv Loot is not responsible for any consequences resulting from a lack of (complete) usability. Exclusiv Loot reserves the right to only provide all functionalities of the website in the future with a reduced and/or changed range of functions or to discontinue them completely. The customer has no contractual right to (continued) use of this (free) service. The respective providers are solely responsible for the provision of services within the scope of the individual offers. Exclusiv Loot is not responsible for any claims resulting from this. The same applies to other contributions from independent third parties such as an internet provider.
- 2. Otherwise, Exclusiv Loot is only liable for the customer's claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as for other damages resulting from an intentional or grossly negligent breach of duty by the marketplace operator, its statutory obligations representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, Exclusiv Loot is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer due to injury to life, body or health.
- TERM OF USE AND TERMINATION
- 1. Both Exclusiv Loot and the customer can terminate the usage relationship at any time without notice. As part of the administration of the account, the deletion of the account can be initiated by the customer at any time. To do this, the customer can use the “Log out account” link in the “My Account” management.
- 2. Termination by the marketplace operator is particularly possible if the customer violates the provisions of these General Terms and Conditions. Until such incidents have been clarified, user data may initially be blocked.
- OTHER IMPORTANT TERMS
- 1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will definitely inform you on this website if this happens.
- 2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
- 3. This contract is between you and us. No other person shall have any right to enforce any of the Terms.
- 4. Each of the paragraphs of these conditions applies separately. If any court or relevant authority decides that any of the paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 5. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, this will not mean that we have waived our rights against you and it means does not mean that you do not have to comply with these obligations. If we waive any default by you, we will only do so in writing, and that does not mean that we will automatically waive any subsequent default by you.
- 6. These Terms do not create a joint venture, partnership, agency or employment relationship.
- 7. These Terms and any documents expressly referred to in them constitute the entire agreement between us in relation to their subject matter and supersede all previous agreements, promises, representations, warranties, representations and understandings between us, whether written or oral , which relate to this item and cancel them. You agree that you shall have no remedy in respect of any statement, representation, undertaking or guarantee (whether made innocently or negligently) which is not contained in these Terms or in any document expressly referred to herein. You agree that you shall have no claim for any innocent or negligent misrepresentation or negligent misrepresentation based on any statement in these Terms or any document expressly referred to therein.
- 8. Each of the terms and conditions in these Terms applies separately. If any court or competent authority decides that any of these terms and conditions are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
- 9. These Terms and the relationship between you and us are governed by Swiss law and you agree to submit to the exclusive jurisdiction of the courts of Switzerland.