General Terms and Conditions Autobuster
Date: 11.07.2024
Autobuster offers services for the customer via the website https://Autobuster.ch.
These General Terms and Conditions (GTC) govern the conclusion, content and processing of the brokerage contract between the customer and Autobuster.
These GTC form an integral part of all offers and contracts between the customer and Autobuster.
1. brokerage order
The customer concludes a brokerage contract with Autobuster for a defined sales period at a defined sales price.
By placing the order, the customer grants Autobuster the exclusive right during this period to offer and sell the vehicle in question to third parties in accordance with the contract.
2. tasks of Autobuster
Autobuster assesses the technical and visual condition with an independent expert, takes the photos, advertises the vehicle, accompanies any test drives and hands the vehicle over to the buyer.
3. price adjustments
The seller authorises Autobuster to make automatic sales price adjustments in accordance with the agreed ‘Sales / Price Overview’. The customer also has the option to adjust the sales price downwards by sending an e-mail to info@autobuster.ch.
4. guaranteed sale
Autobuster can determine the probability of sale on the basis of the calculated market price and a detailed analysis. However, if the vehicle is not sold within the agreed contract period, even at the buy-it-now price, there are no costs for the customer.
Autobuster does not guarantee the successful sale of the vehicle.
5. test drives and inspections
The customer is obliged to make the vehicle available for test drives and appraisals within 5 working days. If possible, these will be accompanied by Autobuster. If the customer does not fulfil this requirement without good cause, the contractual relationship will be considered terminated and an expense allowance of CHF 500 will be charged.
6. services
Autobuster offers services, which are invoiced upon successful sale (except for previously booked services such as cleaning or bodywork repairs). Autobuster either carries out services itself or commissions third parties to do so. In this case, the general terms and conditions of the third party apply; the commission can be disclosed to customers at any time.
7. sale of the vehicle
Autobuster will prepare a sales contract if the sale is successful. This complies with Swiss law and protects the seller from any damages or reclaims. If the customer has booked services in connection with the sale or claims them during the sale, these will be listed on the brokerage order. If the purchase is a lease, a 10-day waiting period must be observed between authorisation, leasing and delivery. The customer is obliged to disclose to Autobuster all known previous damage and defects of the vehicle completely and truthfully. Should the customer fail to fulfil his duty of disclosure, he shall be liable for pre-damage and defects or for warranted characteristics, including, but not limited to, repair costs, depreciation and other consequential damages. If defects are detected within 10 days or 500 km after delivery, they will be assessed by us and the additional costs not covered by the warranty will be passed on to the seller.
8. time of delivery
The customer undertakes to comply with the agreed delivery date to Autobuster. If the vehicle cannot be delivered on time and the buyer therefore cancels the purchase contract, the customer shall owe Autobuster the full amount of the service fee, compensation for expenses of CHF 500 and the costs of any additional services agreed.
Delivery takes place at the agreed handover location. The vehicle must be cleared, washed and vacuumed, otherwise a cleaning fee of CHF 200 will be charged.
9. vehicle handover
Autobuster hands over the vehicle to the vehicle buyer without the customer being present, with all documents recorded during the inspection.
Delivery takes place at the customer’s place of residence, place of work or an agreed handover location. The vehicle must be cleared, washed and vacuumed, otherwise a cleaning fee of CHF 200 will be charged.
10. vehicle transfer
The vehicle pass must be sent to Autobuster at least 3 working days before delivery and will be cancelled on the day of delivery. If the buyer does not turn up or if the sale is due to circumstances beyond Autobuster’s control, Autobuster is not liable for any subsequent costs.
11. financial settlement
Autobuster acts as an intermediary within the framework of the brokerage contract and ensures the financial settlement and transfer of ownership. The service fee and services owed to Autobuster will be deducted when the payment is processed:
- In the case of a signed cash purchase/transfer by the customer/buyer, the agreed amount will be paid out to the customer within 10 working days of the vehicle handover in accordance with the contract.
- In the case of leasing, the agreed amount is paid to the customer within 20 working days of the vehicle being handed over.
12. deviating vehicle condition
If the condition of the vehicle differs from the test drive or the appraisal and or if parts of the contract such as the service book and keys are missing, the seller must pay for the procurement, restoration of the original condition or the reduced value.
13. cancellation of the contract by Autobuster
If the customer cannot be contacted by telephone or e-mail within 5 working days, Autobuster will consider the contractual relationship to be cancelled. In this case, an expense allowance of CHF 500 will be charged for the basic package.
14 Cancellation of the contract by the customer
The customer has the right to cancel the contract at any time by sending an e-mail to info@Autobuster.ch. In this case, an expense fee of CHF 500 as well as the services already provided will be due.
15. limitation of liability
Autobuster’s liability towards the customer in connection with the contractual relationship or the platform is excluded to the extent permitted by law. In addition, any liability for damages directly or indirectly related to the contractual relationship is excluded, irrespective of the legal grounds on which the damages are asserted.
16 Place of jurisdiction and applicable law
This contractual relationship shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising is the registered office of Autobuster. However, Autobuster is also entitled to assert its claims at its own discretion at the customer’s place of residence or registered office.