Acqire AG (hereinafter referred to as "Provider") operates the website www.positive.community (hereinafter referred to as "website") for numerous third-party providers (hereinafter referred to as "Sellers") who can offer their products and services for potential customers ("Buyers").

Terms of Service

I. Service Description

The provider offers a community marketplace on which its users (hereinafter referred to as “sellers”) can offer and buy all types of goods and services (hereinafter referred to as “articles”) (hereinafter referred to as “buyers”). In the community, sellers and buyers can publish other content as long as its offer, acquisition or disclosure does not violate legal requirements, these terms and conditions or other agreements with the provider. The provider as such does not offer any articles and does not become a party to the contracts that are expressly concluded between the users of this community marketplace. In addition to the relevant provisions in these conditions, the relationships between buyers and sellers may also be the conditions of each respective seller who recognizes the buyer in relation to the respective seller. The provider offers the services and grants third parties access to the user content for these purposes so that the parties can promote their content on websites, in software applications and in e-mails. The provider is entitled to process the elements and content of the user in a technical way in order to enable the display on the mobile devices or software applications of the provider or third parties. The provider only checks the data entered during registration to a certain extent, as the identification of people on the Internet is limited. Therefore, despite various security measures, it cannot be ruled out that incorrect data may have been entered for an account with the provider and / or that the data has changed after the account was activated. The articles and content published by the users do not reflect the opinion of the provider and therefore have not been checked for legality, correctness and completeness by the provider. The provider can set certain conditions for the use of services, certain functions or the scope of the use of certain functions, e.g. B. Review of registration details, usage time, account type (personal / commercial), assessment of profile status (including detailed seller ratings), payment history or submission of certain verifications (e.g. identification, purchase / payment history or proof of ownership). The provider reserves the right to change the community marketplace order within the scope of its rights, taking into account the legitimate interests of the provider. as far as this is feasible for the user. The user is entitled to use the provider's services only within the framework of the current technology status. The provider will restrict its services from time to time if this should be necessary with regard to capacity restrictions, security or server integrity or to carry out technical measures and if this is necessary to ensure a proper or improved provision of services (maintenance). In these cases, the provider takes into account the legitimate interests of the user, such as prior notification. In the event that an unforeseeable system failure should restrict the use of services; Users will be notified in an appropriate manner. Offers that expire during maintenance periods will not be renewed, although purchases will not be possible during this period. Deviating conditions only apply if this has been expressly agreed in writing between the provider and the user. By entering into the agreement for the provision of services, the user accepts the above conditions. The provider does not accept any contradicting special or general contractual conditions and the aforementioned do not apply in the context of agreements between the provider and the user. Individual agreements replace these terms and conditions. We reserve the right to make changes at any time. The relevant provisions of the Swiss Code of Obligations (OR) apply subsequently. If a seller performs multiple activations, these are processed individually and activated on the website. If the seller abuses the provider's offer, the provider reserves the right to refuse activation and / or refuse additional activations requested by the seller. The seller is solely responsible for the delivery of the products and services ordered on the website and for compliance with the delivery conditions. Seller and buyer agree on the shipping costs. The provider is not liable for the delivery of the products or services purchased on the website or for compliance with the delivery conditions and the associated shipping costs.

DISCLOSURE: This website may contain affiliate links. So if you click on the links and make a purchase, we will receive a commission. 

II. Registration and Account with the Provider

The use of services as a seller requires user registration. The user opens an account with the provider by registering and agreeing to these terms and conditions. By registering, the provider and the user conclude a contract for the use of services (hereinafter referred to as "service contract"). There is no entitlement to the conclusion of a license agreement. Registration is restricted to legal persons, companies and natural persons with unrestricted legal capacity. Minors are prohibited from registering to use the services. The data requested by the provider for registration purposes must be given completely and precisely. It is forbidden to list phone numbers or post office box addresses with value-added service. Users who use the services for commercial or independent professional activities are required to open a commercial account and its login information to supplement the information required by law. The registration of a legal person or company may only be carried out by an authorized natural person who must be identified by name. Only individual persons may be listed as account holders during the registration process (ie no married couples or families). Should the data given during registration change, the user is obliged to update his account information immediately. Users must keep their password confidential and carefully secure access to their account. Users are obliged to notify the provider immediately if there are indications that the account has been compromised by a third party. If a buyer pays for items purchased by direct debit, credit card, on account (if available) or the payment has been completed via PayPal, the payment of the respective offer applies. The account is not transferable. Users are only allowed to register and open an account once. The provider reserves the right to delete accounts with incomplete registration data after a reasonable period. By registering, the users of the website agree that personal data will be processed within the framework of this service contract and forwarded to third parties and other users of the website. 

Share Content

Users of this website own all of the content and information they post on positive.community. For content such as photos and videos, users grant positive.community a nonexclusive, transferable, sublicensable, royalty-free, worldwide license to use photos and videos posted on positive.community. When a user posts content or information to positive.community, anyone, including anyone outside of positive.community, can access, use, and associate that information with the user (i.e. name and profile picture).

Respect People's Rights

positive.community expects every user of the website to respect the rights of other people. It is not permitted to post content or take any action on positive.community that violates the rights of others or that violates the law. positive.community will remove all content or information published on this website if it violates these terms and conditions. If a user repeatedly violates the intellectual property rights of others, positive.community may deactivate that account. It is not permitted to post identification documents or sensitive financial information of persons on positive.community. It is not permitted to label products or to have chat conversations without the other consent.

III. Use of Services, Prohibited Items and Content 

The user is responsible for ensuring that his articles, including the images and other content, are legally acceptable and do not infringe the rights of third parties. It is prohibited to offer, advertise, sell or buy items on the website that violate legal provisions, the rights of third parties or good morals. The provider reserves the right to impose conditions on the sale of certain articles that go beyond the legal provisions. Manipulating the prices for your own or third-party articles by operating multiple accounts or working with other users is prohibited. The manipulation of service search functions, for example by inappropriately adding brand names or other search functions to the item name or description, is prohibited. Sellers must put their items in the appropriate category. as well as pictures and an exact and complete description. All characteristics and properties as well as defects that can reduce the value of the goods offered and are relevant for a possible purchase decision must be truthfully stated. Payment and shipping terms must be precisely and completely defined. For technical reasons, it is possible that no elements are found in a category search or when using keywords. The provider reserves the right to extend the sales period to 30 minutes if necessary for technical reasons. Such an enhancement will not be implemented for start-time sales. The provider allows users to sort the search results according to certain criteria, e.g. B. Offer, format, item description, number of searches, number of sales, time remaining, price, shipping costs, and seller standards. The item description and the images used may only apply to the item offered. Sellers who offer goods or services to consumers as part of their commercial or professional tasks are obliged to disclose the legally required consumer protection information and to point out existing or non-existing statutory rights of withdrawal. The price of the respective article is the final price plus any VAT and other price components. The sales price does not include delivery and shipping costs. Sellers are prohibited from charging any seller fees, PayPal fees, or commissions from buyers in addition to the selling price. Users may only use addresses, e-mail addresses and other contact details obtained through the use of services for contractual and pre-contractual communication. In particular, it is forbidden to sell this data or to use it to send advertising, unless the respective user has expressly agreed to the applicable legal provisions or has not contradicted them in advance. Users must archive information stored by the service provider in a verifiable manner on an independent storage medium if this is necessary for securing evidence, for billing purposes or for other purposes. Users are not allowed to block, overwrite, modify or alter content generated by the provider or other users in a disruptive manner, especially if this would lead to an excessive overload of the provider's infrastructure. Users must archive information stored by the service provider in a verifiable manner on an independent storage medium if this is necessary for securing evidence, for billing purposes or for other purposes. 

IV. Sanctions, Blocking and Termination 

The provider can take the following measures if there is reasonable suspicion that a user is violating statutory provisions, the rights of third parties or these terms and conditions, or if the provider has other legitimate concerns in order to protect users from fraudulent activities:

• a) Deletion of offers, articles, ratings or other content
• b) Reference to the user
• c) Delay in the publication of articles and other content
• d) Limitation of bondage
• e) Revocation of the special seller status
• f) Temporary blocking
• g) Permanent blocking

When selecting a measure, the provider takes into account the legitimate interests of the user, especially if it turns out that the user may not be responsible for the violation. The provider can exclude a user from permanent use of the services (permanent blocking) if:

• a) Repeatedly received negative ratings or less detailed seller ratings and blocking is required to protect the interests of other users.
• b) He has given incorrect contact details.
• c) He transfers his account or allows third parties access to his account.
• d) His actions adversely affect other users or the provider.
• e) He has repeatedly violated these terms and conditions.
• f) Other important reasons apply.

After a user has been permanently banned, they will no longer have the right to have their account or verification profile restored. Users can terminate this service contract at any time. The provider can terminate this service contract at any time with a notice period of 14 days at the end of a month. The right to block the account remains unaffected. If a user has been blocked or the service contract has been terminated by the provider, the user is also prohibited from using the services via other accounts and / or attempting a new registration. Blocking or termination does not affect the validity of contracts that were previously concluded on the community marketplace.

V. Fees and Prices

All prices are in CHF (including statutory VAT). The prices are those indicated on the website on the day of the order. Sellers are prohibited from circumventing the provider's fee structure. In particular, it refrains from measures aimed at the execution of contracts outside the Community market, or directly or indirectly promotes the above measures. The provider reserves the right to charge a small flat rate for the opening of a store, other content or for the blocking of users, provided that the user is responsible for the violation, unless the user can provide evidence that no damage has been done arose or for a significantly smaller amount. The provider can also charge a fee for reactivating a blocked account. The provider can change the fees at any time. Price changes are to be communicated to the user in good time before the actual change.

VI. Offer formats and Contract Processing 

The provider offers numerous offer formats and functions for the receipt and / or conclusion of contracts by using the services. When the seller enters an item through the Services, they must submit a contract offer for that item. It sets a starting and / or fixed price as well as a period in which the offer can be accepted (listing period). The buyer accepts the offer by clicking on the “Place order” button and then completes the payment process immediately. The buyer can also buy multiple items by placing the items in the shopping cart (available immediately) and completing the subsequent payment process. The buyer is obliged to pay for his purchases in advance. Unless otherwise agreed by the buyer and the seller, the purchase price is due immediately and is paid by the buyer using the payment methods offered by the seller. The provider reserves the right to limit the payment methods available to the buyer for the purpose of risk management. Sellers must be able to make the goods offered to the buyer available immediately after the conclusion of the contract. The seller may only offer goods that he is authorized to sell. In particular, ownership and property must be fully transferable to the buyer without reservation. The seller must notify immediately if the goods offered are no longer available. The following right of withdrawal applies to the buyer: Buyers are entitled to terminate the contract with the seller without giving reasons within 14 days from the contract date. To meet the withdrawal deadline, it is sufficient that the message about the right of withdrawal is sent before the withdrawal period has expired. If the sales contract is terminated, the seller must reimburse the payments received from the buyer (excluding shipping costs). Within five working days from the day on which the seller received the declaration of cancellation. The refund will be made using the same payment method as the original transaction, unless the buyer and seller expressly agree otherwise. The seller must reimburse the payments received from the buyer (excluding shipping costs). Within five working days from the day on which the seller received the declaration of cancellation. The refund will be made using the same payment method as the original transaction, unless the buyer and seller expressly agree otherwise. The seller must reimburse the payments received from the buyer (excluding shipping costs). Within five working days from the day on which the seller received the declaration of cancellation. The refund will be made using the same payment method as the original transaction, unless the buyer and seller expressly agree otherwise.

VII. Reviews

The user can write public reviews of their transactions or experiences. Buyers can also use the detailed seller rating to rate certain service aspects provided by the seller. The reviews are not rated by the provider and can be false or misleading. Users are only allowed to provide truthful information in their reviews. The reviews provided by users should be professional and not contain any abusive criticism. Inappropriate use of the rating system is prohibited. Specific:

• a) Write your own reviews on your behalf or hire third parties to write a review for you.
• b) Consideration of circumstances in the review that are not relevant to the processing of the respective transaction.
• c) Using reviews for purposes other than selling goods and services using the provider's services.
• d) Force other users to act, accept, or refrain from act by threatening or failing to provide a review.

Inappropriate ratings or ratings that contradict this principle can be removed by the provider.

VIII. Limitation of Liability

The seller guarantees that products and services are transferred / provided free of material and legal defects. All defects and complaints regarding faulty or incomplete deliveries are the responsibility of the seller, which is why positive.community is not liable. Any additional liability on the part of the provider, in particular for consequential and direct damage, is excluded. The scope of the limited or excluded liability of the provider also applies to the personal liability of its legal representatives, management and subcontractors.

IX. Intellectual Property 

All content provided by the provider for the provision of services is protected by copyright. The use and payment of services by the user does not constitute an entitlement to the transfer of intangible property rights. All software rights and rights to other works, services, processes, equipment, designs, technologies, brands, companies, inventions and other materials contained in the website correspond in any way remain entirely with the provider. Any other use or transfer by third parties requires the prior written consent of the provider. Violations are punished with a penalty. Additional claims for damages against the user for damages incurred by the provider due to copyright infringements remain unaffected. Advertisements, texts or images that are published by the user on the provider's website must not infringe any intangible property rights of third parties. The user may only use and publish images and texts that he has created or that the rightful copyright owner has consented to. The provider is not liable for insignificant violations of the rights of assets or for the violation of the intellectual rights of third parties. 

X. Compensation

The user releases the provider from all claims that other users or third parties may impose on the provider due to the violation of his rights by the user about the items listed in the provider's services. The user is responsible for all necessary legal costs of the provider, including court costs and legal fees to the legal extent. This does not apply if the user is not responsible for the violation. The user undertakes to immediately, truthfully and completely provide all information necessary for the assessment of claims and legal representation in the event that third parties have accessed the services.

XI. Final Provisions

The provider is entitled to transfer the rights and obligations from this contractual agreement in whole or in part to third parties with a period of four weeks. The provider reserves the right to change these terms and conditions at any time without giving reasons. The changed conditions will be sent to users by email no later than four weeks before the new terms and conditions come into effect. If the user does not object to the validity of the new terms and conditions within four weeks of receiving the email, the changed terms and conditions are deemed accepted. The provider must inform the user in the body of the email regarding the possibility of objection and the meaning of the four-week acceptance period. Should certain conditions described in these terms and conditions be or become partially or completely invalid, the validity of the remaining conditions will not be affected. In this case, the provider has to adjust the invalid condition to a condition that comes closest to the economic value of the original condition. All declarations that are transmitted within the framework of the service contract concluded with the provider must be in writing or are transmitted by email. The service contract and these terms and conditions are subject to Swiss law. The exclusive place of jurisdiction is the provider's headquarters. The application of the UN sales convention is excluded. 

ACQIRE AG

www.acqire.net

positive.community