1. Scope and definitions
These General Terms and Conditions (hereinafter «Terms») of CARINDEX AG, Arnold Baumgartner-Str. 9, CH-2540 Grenchen (hereinafter «CARINDEX»), govern the use of the online platform carindex.ch (hereinafter «Platform») and the services offered through it. They apply to everyone who uses the Platform, with or without a user account.
These Terms use the following definitions:
- «User»: any person who accesses or uses the Platform;
- «Customer»: a User with a user account;
- «Private seller»: a Customer who offers a vehicle outside of a commercial activity;
- «Dealer»: a Customer who offers vehicles commercially and has concluded a separate agreement with CARINDEX (section 6);
- «Listing»: the description of a vehicle, including photos, price and location details, that a seller publishes on the Platform.
Deviating or supplementary terms apply only if CARINDEX has confirmed them in writing. For Dealers, the individual agreement takes precedence over these Terms.
2. Platform services
CARINDEX provides an online marketplace on which sellers list vehicles and interested parties search for and compare vehicles, save them as favourites and set up saved searches with e-mail notifications. Searching, viewing listings and contacting sellers are free of charge.
Interested parties contact the seller by e-mail message or by phone, provided the seller has supplied such a contact channel. E-mail messages are technically relayed to the seller through CARINDEX; this does not make CARINDEX a party, and CARINDEX is not involved in the initiation, conclusion or performance of contracts between sellers and interested parties.
There is no entitlement to the availability of the Platform or to a particular range of functions (section 9).
3. Registration and user account
The Platform can be used without registration. Listing vehicles, saving favourites and saved searches in the account and other functions require a user account.
Only natural persons aged 18 or over may register, as well as legal entities within the scope of section 6. CARINDEX may restrict registration to certain countries. There is a single account type for private individuals that supports both searching and listing. Dealer accounts are set up exclusively by CARINDEX (section 6).
Registration requires a name, an e-mail address and a password. The e-mail address must be valid and read by the Customer; CARINDEX delivers invoices and notices to it. The Customer must provide true and current information and keep the password secret. Actions taken through the Customer's account are attributed to the Customer regardless of who actually performed them, unless the Customer reports misuse without delay.
Only one account per person is permitted. The Customer may delete the account at any time in the «Account» area (section 11).
4. Listings and listing rules
The seller may only list vehicles they are entitled to dispose of and may only use content they created themselves or whose use the rights holder has permitted. The following applies to every Listing:
- Details of the vehicle, the price and the location must be complete, true and current; they must not be misleading or unfair.
- A Listing describes exactly one vehicle. Bulk listings, placeholders and listings without a specific offer are not permitted.
- No addresses, e-mail addresses, phone numbers or number plates may be legible in photos. Persons whose faces are recognisable may only be shown with their consent.
- Content must not infringe third-party rights (in particular copyright, trademark and personality rights) or statutory provisions.
- The postcode and town of the location are published with the Listing. Interested parties can send the seller an e-mail message through the CARINDEX contact form and, where provided, retrieve the phone number on the Listing. The seller's e-mail address is not published.
- Vehicles that have been sold or are no longer available must be deactivated without delay.
CARINDEX is entitled, but not obliged, to review Listings before or after publication and to modify, deactivate or not publish them for legal or technical reasons. There is no entitlement to publication.
By submitting a Listing, the seller grants CARINDEX the non-exclusive, royalty-free right to publish and promote the Listing and its photos on the Platform and in the online and offline channels of CARINDEX and AUTOMOBIL REVUE and to process it technically for this purpose (for example by resizing images). CARINDEX may evaluate listing data in anonymised form for statistics and to improve the Platform.
5. Prices and payment for private sellers
For private sellers, a Listing costs CHF 1.– per calendar day and active Listing, including VAT. A Listing is active for as long as it is published. Every calendar day started (Europe/Zurich time zone) counts as a full day. Drafts and deactivated Listings are free of charge. There is no minimum term, no packages and no advance payment.
Before publishing the first Listing, the private seller registers TWINT as a payment method. Registration takes place on the payment page of our payment service provider Datatrans AG through a transaction of CHF 0.–; no amount is charged. CARINDEX only receives a reference to the registered payment method, never any credentials.
Billing is monthly: on the last day of the month, the active days of all of the private seller's Listings are combined into one invoice and charged to the registered TWINT. If the private seller deactivates their last active Listing, the current period is invoiced and charged immediately (close-out invoice). The invoice is sent by e-mail.
If a charge fails, CARINDEX retries it. If it remains unsuccessful, CARINDEX may deactivate the private seller's Listings and invoice the outstanding amount with a payment term of 10 days. On expiry of the payment term, the private seller is in default without a reminder; the statutory default interest and reminder fees of CHF 45.– per reminder are owed. The registered payment method can only be removed once no amounts are outstanding.
CARINDEX may adjust the price per day. Price changes are published on the Platform and apply to days after their publication; days already invoiced are not affected. The private seller may deactivate their Listings at any time.
6. Dealers
Dealers do not list through the self-service offer for private sellers. They conclude an individual agreement (flat-rate offer) with CARINDEX; requests are made via the contact form. CARINDEX sets up the dealer profile and enables the dealer functions.
For Dealers, prices, payment terms and term are governed by their agreement. The number of Listings is not limited; registering TWINT is not required. On request, CARINDEX imports the Dealer's vehicle stock from a source named by the Dealer (for example a stock feed or a profile operated by the Dealer on another platform); the Dealer confirms being authorised to do so.
These Terms apply to Dealers in addition, unless the agreement provides otherwise.
7. Use of content
All content on the Platform, in particular Listings, photos, vehicle data, texts, logos and software, is protected by copyright or other rights. Users may use the content solely for their personal vehicle search.
The following in particular is prohibited:
- systematically retrieving, copying, storing or reusing content, for example by scraping, crawlers or other automated means;
- publishing or passing on content outside the Platform;
- collecting sellers' contact details for purposes other than contacting them about the specific vehicle, in particular for advertising;
- interfering with the operation of the Platform, circumventing technical protection measures and introducing malicious code.
Violations may be pursued under civil and criminal law.
8. Intellectual property
All rights to the Platform, to the trademarks and signs of CARINDEX and AUTOMOBIL REVUE and to content created by CARINDEX remain with CARINDEX or the respective rights holders. Where the use of the Platform requires rights of use, these are granted to the User on a non-exclusive, non-transferable basis and only for the duration and to the extent of use in accordance with the contract.
The seller remains the owner of the rights to their listing content and grants CARINDEX the rights described in section 4.
9. Operation, availability and development
CARINDEX operates the Platform with due care and may involve third parties for this purpose. CARINDEX strives for operation that is as free from disruption as possible but cannot rule out interruptions for maintenance, troubleshooting or development. The further development of the Platform, including the modification or discontinuation of individual functions, is at CARINDEX's discretion.
10. Obligations of Users
Users undertake to use the Platform in accordance with the law and the contract. In particular, they warrant that:
- they create Listings in the form and quality specified by CARINDEX and keep them up to date;
- they are entitled to use all content they submit;
- their information is complete and true and the vehicles offered have the properties described;
- they do not infringe third-party rights or statutory provisions;
- they use other Users' contact details only to make contact about the specific vehicle.
If third parties assert claims against CARINDEX because of a Listing or a User's conduct, the User shall fully indemnify CARINDEX on first request, including the reasonable costs of legal defence, and shall provide CARINDEX with the documents required for its defence.
The User bears the risks arising from malfunctions or manipulation of their own devices and systems or from the misuse of their access credentials.
11. Deletion, suspension and termination
The Customer may delete their user account at any time in the «Account» area. Deletion deactivates their Listings, deletes favourites and saved searches and removes the registered payment method. Listing days accrued up to deletion are invoiced; CARINDEX retains invoices in accordance with statutory retention obligations.
CARINDEX may suspend or delete a user account and remove Listings if the Customer violates these Terms, the listing rules or applicable law, if their information gives rise to complaints or if payments are not made. In these cases, the fee for days already active remains due; CARINDEX reserves all further claims. CARINDEX may also terminate the provision of the Platform to a Customer with 30 days' notice.
12. Liability and warranty
The Platform contains content from CARINDEX, from sellers and from third parties. CARINDEX does not systematically review Listings and gives no warranty as to their accuracy, completeness or currency or as to the properties of the vehicles offered. The seller is solely responsible for their Listing and the vehicle offered.
CARINDEX is liable only for damage it has caused intentionally or through gross negligence. To the extent permitted by law, liability for slight negligence, for consequential damage and lost profit and for auxiliary persons is excluded. CARINDEX is not liable for operational interruptions, disruptions of the internet or third-party telecommunications networks, misuse of the internet by third parties or the content of linked websites.
If CARINDEX cannot provide its services due to force majeure (for example natural events, official orders, strikes or technical disruptions within the responsibility of third parties), its obligations are suspended for the duration of the event.
13. Legal position of CARINDEX
CARINDEX is not a party to contracts concluded between sellers and interested parties concerning the vehicles listed on the Platform and accepts no responsibility for their conclusion, performance or rescission. Listings do not constitute an offer by CARINDEX. CARINDEX is entitled, but not obliged, to review the conduct of Users and their content for admissibility.
14. Data protection
The processing of personal data is governed by CARINDEX's Privacy Policy.
15. No set-off or assignment
The Customer may not set off claims of CARINDEX against their own claims. The contractual relationship and the claims arising from it may not be transferred or assigned to third parties without CARINDEX's written consent.
16. Amendments to these Terms
CARINDEX may amend these Terms at any time. The current version is published on the Platform; the version published at the time of use applies. The Customer accepts the Terms upon registration and again each time a Listing is published. If the Customer does not agree to an amendment, they may delete their account.
17. General provisions
Should any provision of these Terms be invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose; the same applies to gaps.
These Terms are written in German. The French, Italian and English versions are provided for ease of understanding; in the event of discrepancies, the German version prevails.
18. Applicable law and place of jurisdiction
These Terms are governed exclusively by Swiss law, excluding the conflict-of-laws rules (PILA). The exclusive place of performance and jurisdiction is the registered office of CARINDEX AG in Grenchen; mandatory statutory places of jurisdiction, in particular for consumers, are reserved. CARINDEX is also entitled to bring proceedings against the Customer at their registered office or domicile.