1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms and Conditions.

The Terms are a legally binding contract between you and Kaufpedia. We’ll just refer to Kaufpedia, Ltd. and all of its subsidiaries collectively as “Kaufpedia.”

Please note that Section 11. Disputes with Kaufpedia, contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions. *

This contract sets out your rights and responsibilities when you use kaufpedia.ch, Pattern by Kaufpedia, our mobile apps, and the other services provided by Kaufpedia (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, go on reading!

2. Those Other Documents We Mentioned

Kaufpedia’s Services connect people around Switzerland, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, and our Privacy Policy.

Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.

Our House Rules for Third Parties. These policies apply to Kaufpedia API users, affiliates, and anyone requesting information from Kaufpedia.

Search and Advertising Ranking Disclosures. Kaufpedia organizes search results and advertising results that could include Your Content.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Kaufpedia and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Kaufpedia, will be responsible for that unauthorized disclosure.  

If, however, Kaufpedia and sellers are found to be joint data controllers of buyers’ personal information, and if Kaufpedia is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Kaufpedia for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Kaufpedia.

4. Your Account with Kaufpedia

You’ll need to create an account with Kaufpedia to use some of our Services. Here are a few rules about accounts with Kaufpedia:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Kaufpedia or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.

F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Kaufpedia.

This detailed Help article should answer any questions you may have about registering an account with Kaufpedia.

5. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Kaufpedia a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Kaufpedia function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Kaufpedia may offer you or Kaufpedia buyers promotions on the Site, from time to time, that may relate to your listings.

C. Rights You Grant Kaufpedia. (Here’s the legalese version of the last section). By posting Your Content, you grant Kaufpedia a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Kaufpedia, your Kaufpedia shop, or the Services in general, in any formats and through any channels, including across any Kaufpedia Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Kaufpedia going. Consider these examples: if you upload a photo or video of a listing on your Kaufpedia shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer who speaks French can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade bag, we can feature it– often along with your shop name and shop pictures– on our homepage, in one of our blogs or even on a billboard to help promote your business and Kaufpedia’s.

D. Reporting Unauthorized Content. Kaufpedia has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please report it to legal@kaufpedia.ch. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want to be posted on Kaufpedia’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in the applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Kaufpedia, another Kaufpedia user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Kaufpedia. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. 

C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy. The name "Kaufpedia" and the other Kaufpedia marks, phrases, logos, and designs that we use in connection with our Services (the Kaufpedia Trademarks), are trademarks, service marks, or trade dress of Kaufpedia in Switzerland and other countries. If you’d like to use our trademarks, please reach out to info@kaufpedia.ch.

F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Kaufpedia (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. From time to time, Kaufpedia will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment) and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We'd hate to see you go, but you may terminate your account with Kaufpedia at any time from your account settings.  You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills. If you face any difficulties, feel free to reach out to support@kaufpedia.ch.

Termination By Kaufpedia. We may terminate or suspend your account (and any accounts Kaufpedia determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Kaufpedia will notify you that your account has been terminated or suspended unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Kaufpedia terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services Kaufpedia reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Kaufpedia’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Kaufpedia does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Kaufpedia cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Kaufpedia from any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Kaufpedia is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Kaufpedia is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Kaufpedia does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

WARRANTIES. KAUFPEDIA IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KAUFPEDIA, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.

9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Kaufpedia gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Kaufpedia (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Kaufpedia’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate. Kaufpedia will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Kaufpedia has no obligation to resolve any disputes.

Release of Kaufpedia. You release Kaufpedia from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Kaufpedia

If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of Zurich, without regard to its conflict of laws rules, and the laws of Switzerland. These laws will apply no matter where in the world you live, but if you live outside of Switzerland, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Kaufpedia agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

C. Forum. We’re based in Zurich, so any legal action against Kaufpedia related to our Services must be filed and take place in Zurich, Switzerland. For all actions under the rules, the proceedings may be filed where your residence is, or in Zurich, and any in-person hearings will be conducted at a location that is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Kaufpedia agree to submit to the personal jurisdiction of a state or federal court located in Zurich if your contract is with Kaufpedia.

D. Modifications. If we make any changes to this “Disputes with Kaufpedia” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Kaufpedia prior to the date the changes became effective. Kaufpedia will notify you of substantive changes to the “Disputes with Kaufpedia” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Kaufpedia a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Kaufpedia in accordance with the provisions of this “Disputes with Kaufpedia” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Policy for Buyers (shopping, communicating, ordering, and more)

If you have any questions about the Terms, please email us at legal@kaufpedia.ch.

*In some countries you may have additional rights and/or the preceding may not apply to you.

1. Using the Kaufpedia Community

Kaufpedia community spaces are public areas where sellers can interact with one another. Sellers who use any of the community spaces must be over 18 years old. To make sure that the Kaufpedia community continues to be a place that’s safe, welcoming and respectful, you agree to comply with the following policies in all community spaces:

1. Respect other members’ privacy, and protect your own. Don't share private or personally identifying information in public areas of the site. This includes, but is not limited to, transaction details, personal contact details and the verbatim contents of private correspondence.
2. Do not use community spaces to discuss interactions with Kaufpedia representatives, or to share verbatim extracts of such conversations ( i.e., emails, DMs or messages, live chats etc.). Remember, most messages between you and Kaufpedia are considered private correspondence and we ask that you respect this confidentiality. Please refer to our Privacy Policy for more information.
3. Be honest and transparent about who you are. Don't use a fake identity.
4. Be respectful towards other sellers and, when in doubt, lead with kindness, assume best intentions and act on that basis. Don't use community spaces to publicly disparage a specific seller, an Kaufpedia representative, shop, listing or category of item.
5. Don't use community tools or spaces to interfere with another seller’s business.
6. Don't spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media or other promotional content.
7. Don't use community spaces to coordinate pricing or discuss fee avoidance with other sellers.
8. Don't use community spaces to harass other sellers. Similarly, don't post content in community spaces that may promote, support, or glorify hatred, misinformation, or that would be in violation Kaufpedia’s policies.
9. Don't publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
10. Don't engage in illegal activity or activity that infringes someone's intellectual property, or encourage others to engage in that type of activity.
11. Don't use community spaces to encourage others to violate Kaufpedia's policies.

Continue reading below for some additional policies that apply to you while using specific community spaces.

2. Direct Messages

Members may send each other direct messages using the Community's built-in messaging system. These messages are separate from Kaufpedia Messages and can be accessed and read when you are in community spaces.

By using direct messages in the Kaufpedia Community, you agree to all of the above policies. In addition, you may not send messages that are considered:

1. Abusive, threatening, defamatory, harassing.
2. Obscene or vulgar.
3. Unsolicited advertising or promotions.

If you receive an inappropriate message, let us know by email at support@kaufpedia.ch.

3. Branding Guidelines for Teams and Captains of Teams

Teams must adhere to these branding guidelines when identifying as an Kaufpedia Seller Team.

You can use the word Kaufpedia in the name of your Team. (e.g. Kaufpedia Basel Team, Geneve Kaufpedia Team). However, you cannot use the term ‘Kaufpedia’ alone, or the Kaufpedia logo by itself in your Team name, or in any promotional materials that reference your Team in any manner.

Things to keep in mind when creating an Kaufpedia Team Logo:

• You cannot use the Kaufpedia logo to promote your Team without your Team name included at any time.
• You can create a stand-alone Kaufpedia Team logo so long as your Team name is clearly presented on the logo image.
• If you use the word “Kaufpedia” in your Team logo, you must make sure it is not the most prominent or the largest word visually on the logo image.
• If you are promoting your Team or any Team related activities, you must include the terms “Organized by a Team of Kaufpedia sellers” visibly and prominently. It is also your responsibility to make it clear that you are not an agent or employee of Kaufpedia.
• You are solely responsible for any costs relating to your use of all promotional materials, venues or other items used to promote your Team.

Kaufpedia does not pre-approve Team branding and we reserve the right to take action on any usage brought to our attention that causes confusion, potential harm to the Kaufpedia brand.

13. Policy for Sellers (what you can sell, your responsibilities, and details on fees)

If you have any questions about the Terms, please email us at legal@kaufpedia.ch.

*In some countries you may have additional rights and/or the preceding may not apply to you.

Prohibited Items Policy

Kaufpedia is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Kaufpedia. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not aligned with Kaufpedia's vision. This policy explains what is prohibited or restricted on Kaufpedia.

We have a zero-tolerance policy for prohibited items, particularly those that promote, support, or glorify hatred, those that promote, support, or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination, in accordance with our Terms & Conditions.

This policy is a part of our Terms & Conditions. By opening a Kaufpedia shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on Kaufpedia:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. Animal Products and Human Remains
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
7. Pornography and Mature Content
8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we stand on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay.

In order to help provide clarity and insight into our policy-making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Kaufpedia. We reserve the right to remove listings that we determine are not aligned with Kaufpedia's vision. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Kaufpedia. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not aligned with Kaufpedia's vision.

More Details:

The following are examples of items that may not be sold on Kaufpedia:

1. 1. Alcohol.
   2. Tobacco products, smokeable products, e-cigarettes, and e-liquid.
   3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
   4. Drug paraphernalia, including, for example, items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
   5. Medical drugs, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is a statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Kaufpedia, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Kaufpedia prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Kaufpedia may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. If Kaufpedia receives proper notice from a legal authority, we may remove an item.

2. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Kaufpedia due to the risk of harm to living, companions, or endangered animals.

More Details:

The following are examples of animal products that may not be sold on Kaufpedia:

1. 1. Live animals.
   2. Items created using any endangered or threatened animal species. 
   3. Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory, and woolly mammoth ivory.
   4. Items are made from human remains or products from the human body, except for teeth, fingernails, and hair.

Examples of What is Allowed:

1. 1. Leather Good (example: Leather Bag)
   2. Textiles Made from Animal Hair (Example: Authentic Mohair Scarf)

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on Kaufpedia.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

1. 1. Explosives (fireworks or sparklers)
   2. Explosive precursors
   3. Flammable items
   4. Gases
   5. Radioactive material
   6. Toxic substances (such as poisons)

Items that have been recalled by governments or manufacturers are prohibited from being sold on Kaufpedia. Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Kaufpedia:

1. 1. Guns, knives, or other blatant weapons, even if they are vintage.
   2. Imitation of firearms and weapons that look real or are prohibited.

Examples of What is Allowed:

1. 1. Culinary knives or other knives used as tools
   2. Example: Vintage Kitchen Knives - Collectibles
   3. Letter openers
   4. Toy slingshots
   5. Airsoft guns and other non-harmful toy guns

Resources:  Federal Customs Administration of Switzerland (Bans, restrictions, and authorizations) European Commission's Consumer Product Safety

4. Provocative Items: Items that Promote, Support, or Glorify Hatred, Idolism and Symbolism

We want Kaufpedia to be a community where people of all backgrounds, nationalities, and different types of artistic taste and humor feel welcome. 

More Details:

Kaufpedia does not allow items or listings that promote, support, or glorify hatred towards people or otherwise demean people based upon race, ethnicity, national origin, religion, gender, disability. We also prohibit items or content that promote organizations or people with such views.

The following items are not allowed on Kaufpedia:

1. 1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, anti-immigrant, or Holocaust denial agendas.
   2. Items that support idolism, symbolism.
   3. Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical, and artistic value. Recognizing that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis.

5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect Kaufpedia sellers to respect the law as well.

More Details:

Illegal items, items that promote illegal activity, and stolen items are not allowed on Kaufpedia. Neither are certain items that are subject to complex legal regulations or registration systems. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.

Counterfeit or unauthorized items are prohibited on Kaufpedia. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or re-purposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.

Additionally, due to complex legal restrictions that vary by location, Kaufpedia does not permit the sale of real estate, housing, or motor vehicles (for example automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list.

6. Internationally Regulated Items

Kaufpedia provides a direct connection between buyers and sellers in Switzerland and sometimes around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

More Details:

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use Kaufpedia's services, you are also responsible for complying with economic sanctions and trade restrictions.

Kaufpedia reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.

You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Kaufpedia has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programs may have certain exceptions to their restrictions. For example, while broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, records, photographs, tapes, compact discs, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

1. 1. Items that aren’t from Switzerland, but are Swiss style, such as “Swiss Army Knife Engraved”
   2. Informational materials such as art, books, film, photos, or music
   3. Example: Vintage Biography of persons

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Kaufpedia, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.

More Details:

Pornography of any sort is prohibited on Kaufpedia, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behavior for the sole purpose of sexual arousal or stimulation.

We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images, and explicit types or representations of taxidermy. Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.

Examples of What is Allowed Without Restriction:

1. 1. Non-pornographic photography depictions such as models, bikinis, swimwear, etc.
   2. Abstracted or cartoonish depictions, within reason

8. Violent Items: Items that Promote, Support, or Glorify Violence

We want Kaufpedia to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.

More Details:

We do not allow items or listings that promote, support, or glorify acts of violence or harm towards self or others, including credible threats of harm.

The following items are not allowed on Kaufpedia:

1. 1. Items that glorify human suffering or tragedies, including items that commemorate or honor violent acts
   2. Items that attempt to exploit natural disasters or human tragedies
   3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups
   4. Items that encourage self-mutilation, starvation, or other self-harm
   5. Items that promote or endorse harmful misinformation

Examples of What is Allowed:

1. 1. Items that have educational, historical, or artistic value (Example: Real Photograph of a Protest in Ukraine)
   2. Items that show support or bring awareness to those at risk of self-harm, including those with eating disorders (Example: Suicide Awareness Poster)

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on Kaufpedia that appears to violate these rules, you can report it to us. At the bottom right of a listing page or user's profile page, you can click Report item/user. 

For all other reports, or for any questions, please contact Kaufpedia Support.

14. Policy for Third Parties (API developers, affiliates, and anyone requesting information)

Intellectual Property Policy

As a venue for artists, designers, and makers, Kaufpedia takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how Kaufpedia sellers can respond when their listings or shops are affected by a notice.

For more information on the use of Kaufpedia's intellectual property, including guidelines for the use of Kaufpedia's Trademarks and brand, please reach out to info@kaufpedia.ch.

This policy is a part of our Terms & Conditions.

   1. Kaufpedia's Role
   2. Notices of Intellectual Property Infringement
   3. Counter Notices
   4. Repeat Infringement
   5. Notice Withdrawals
   6. Resources

1. Kaufpedia's Role

Kaufpedia is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. The content uploaded on Kaufpedia's marketplace is generated by independent sellers who are not employees, agents, or representatives of Kaufpedia. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Kaufpedia reserves the right to disable any listing, shop, or account that we believe violates our Terms & Conditions or our Prohibited Items Policy. Kaufpedia also reserves the right to take action against abusers of Kaufpedia’s Terms & Conditions.

Kaufpedia can’t speak on behalf of intellectual property owners, nor is Kaufpedia in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Kaufpedia will remove the material cited for alleged intellectual property infringement when provided with proper notice.

2. Notices of Intellectual Property Infringement

Kaufpedia strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Kaufpedia removes or disables access in response to a notice, Kaufpedia makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. Kaufpedia may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please use Kaufpedia’s Email to provide notice of claimed infringement to Kaufpedia’s Designated Agent for other intellectual property claims: legal@kaufpedia.ch. Using the form is the fastest way for us to address your claim.

Kaufpedia may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Kaufpedia may reject notices or counter-notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Kaufpedia also reserves the right to take action against abusers of this policy.

3. Repeat Infringement

Kaufpedia terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Kaufpedia’s discretion. If we believe a member has attempted to open a new shop after the termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms & Conditions, Kaufpedia reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

4. Notice Withdrawals

Kaufpedia only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Kaufpedia listing URLs).

Once Kaufpedia receives a formal withdrawal of a notice of infringement, Kaufpedia makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member's shop status.

15. Delivery Policy

Since we are a marketplace and many of the products are shipped directly by the vendor, the delivery process depends on the vendors. But usually, it takes 2-5 business days.

For digital products this is not applicable, as the products can be downloaded right after the purchase.

For most products there are no shipping costs, but some vendors charge 2-10 CHF.

16. Return Policy

Kaufpedia is a platform made up of independent sellers who run their own shops. This means that each seller is responsible for their own policies regarding refunds, exchanges, and returns. Individual policies will vary from shop to shop. But most vendors accept returns, except for digital products.

The general rule is return within 14 days. 

If you enter into a return agreement with a buyer via Kaufpedia Messages or Kaufpedia case system, we require you to fulfil that agreement. This may include:

• Issuing a refund for the returned item(s). The return process can be requested here.
• Providing Kaufpedia with proof of dispatch for a replacement item

If you do have a problem with a transaction, it’s best to contact the buyer directly via Kaufpedia Messages. Buyers are also encouraged to contact you if they experience any issues.

For additional information about refunds and returns, feel free to reach out to us here.

17. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

18. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Kaufpedia regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

19. Contact Information

If you have any questions about the Terms, please email us at legal@kaufpedia.ch.

Last updated on 02 March 2022