FlairFindr - Antiques, Art, Design, Jewelry - Online

TERMS AND CONDITIONS

1. Introduction

1.1

The entity you are contracting with is FlairFindr AG, FlairFindr Ltd., FlairFindr SA, Schifflaube 52, 3001 Bern, Switzerland (hereinafter “FlairFindr”, “we” or “us”)

1.2

Please read these Terms and Conditions carefully. You agree to comply with all Terms and Conditions when accessing or using our Services.

2. About FlairFindr

2.1

FlairFindr is a Platform for the antique industry and allows users to offer and to find antiquities and cultural assets and properties. Furthermore, users may post information related to planned events and / or to specific services they offer, such as carpentry services, renovation services etc. The different users can connect with each other and define the degree of their relationship. The actual contract for sale is directly between seller and buyer. FlairFindr is not a traditional auctioneer. FlairFindr takes no responsibility in the sales process and / or in relation to posted events.

2.2

Any guidance we provide as part of our Services is solely informational and you may decide to follow it or not. FlairFindr does not guarantee the existence, quality, safety or legality of items offered, the truth or accuracy of users` content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.

3. Content

3.1

FlairFindr may enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through FlairFindr Platform (hereinafter "User Content"); and (ii) access and view User Content and any content that FlairFindr itself makes available on or through the FlairFindr Platform, including proprietary FlairFindr content and any content licensed or authorized for use by or through FlairFindr from a third party (hereinafter "FlairFindr Content" and together with User Content, "Collective Content").

3.2

The FlairFindr Platform, FlairFindr Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. You acknowledge and agree that the FlairFindr Platform and FlairFindr Content, including all associated intellectual property rights, are the exclusive property of FlairFindr. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FlairFindr Platform, FlairFindr Content or User Content.

3.3

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FlairFindr Platform or Collective Content, except to the extent you are the legal owner of certain User Content.

3.4

FlairFindr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the FlairFindr Platform and accessible to you, solely for your personal and non-commercial use.

3.5

You are solely responsible for all User Content that you make available on or through the FlairFindr Platform. It’s not allowed to post, upload, publish, submit or transmit any User content that (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual: (iv) is violent or threatening or promotes violence. Furthermore, you guarantee not to violate third party intellectual property rights.

3.6

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

4. Terms specific for Sellers and Buyers

4.1

When creating an Account through the FlairFindr Platform you must provide complete and accurate information about your product and your or your company’s contact details. Only antiques and cultural assets and properties may be offered on the Platform.

4.2

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of these Terms and Conditions or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
4.3

By offering your product on the Platform you confirm to be fully authorized to sell the product.

4.4

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items. Many of our Services are accessible to international sellers and buyers. We may offer certain programmes, tools and site experiences of particular interest to international sellers and buyers.

4.5

When buying an item, you agree to comply with the rules for buyers and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).

5. Warranty

5.1

We try to keep our Services safe, secure, and functioning properly. We take reasonable precautions to protect our Services from interference by third parties. We cannot guarantee the continuous operation of or access to our Services.

5.2

We cannot guarantee that the Services will function without interruption or disruption, nor can we guarantee that the files are free of viruses. FlairFindr does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, we cannot give any guarantee for non - spamming, malicious software, spyware, hackers or phishing attacks etc. which impair the use of the Service, damage the infrastructure (e.g. end devices, PC) of the user or damage him in any other way.

5.3

FlairFindr cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted, or the work result of the Services. Any problem or defect must be reported to FlairFindr immediately.

6. Limitation of Liability

6.1

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, postage or other guidance provided by us;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • the content, actions, or inactions of third parties and their offered and conducted services, including items listed using our Services or the destruction of allegedly fake items;
  • the duration or manner in which your listings appear in search results; or
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms and Conditions or our policies.
6.2

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

6.3

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on FlairFindr and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability.

6.4

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

6.5

Additionally, FlairFindr has no liability from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, or any other event, which is not under the reasonable influence of FlairFindr.

7. Release and Indemnity

7.1

If you have a dispute with one or more users, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7.2

You have to indemnify and hold us harmless from any claims or demand, made by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of Flairfindr’s Services or your breach of any law or the rights of a third party.

8. Terms of Payment

8.1

Users have to pay a subscription fee to be listed on FlairFindr. The Subscription can be purchase monthly or annually. The Subscription must be paid in advance at the beginning of the period. If after the end of a period you stop paying, the subscription ends automatically. Users who do not wish to be listed on FlairFindr may view certain database content free of charge.

8.2

You will not receive a refund, if the period has begun.

8.3

You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the FlairFindr site. To the extent possible under the applicable law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interests.

9. Data protection and Privacy

9.1

You and FlairFindr shall process personal data received under and/or in connection with these Terms and Conditions and according to the data policy (Link einfügen) each as a separate and independent controller. In no event will FlairFindr and you process personal data under and/or in connection with these Terms and Conditions as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

9.2

You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.

9.3

You shall process personal data received from FlairFindr exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms and Conditions. You shall erase the personal data received under these Terms and Conditions immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

9.4

Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

10. Final Provisions

10.1

FlairFindr reserves the right to modify these Terms and Conditions at any time in accordance with this provision. If we make changes to these Terms and Conditions, we will post the revised Terms and Conditions on the platform and update the “Last Updated” date at the top of these Terms and Conditions. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the FlairFindr site.

10.2

If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that comes closest to the original provision.

10.3

These Terms and Conditions shall be governed by Swiss law without regard to private international law. The Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10.4

You agree that the ordinary courts at the FlairFindr’s domicile in Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).