I. Presentation of WatchMarket
Watchmarket is an platform allowing owners of watches called "sellers" to post paid classified ads of the watches they wish to sell to third parties. The platform can be consulted by people interested in the watch market and willing to potentially buy one or more watches from said "sellers".
Watchmarket does not at any moment intervene in any transaction: no handling of watches, money transfer or any other service. Its sole purpose is providing a platform for paid classified ads to its users.
II. Use of WatchMarket services
This application is intended to users of legal age under Swiss Law. However, there are some risks and limitations users must know before using this application.
Users are conscious and understand that only buyers and sellers are responsible for all damage resulting from the transaction of every watch obtained through WatchMarket. WatchMarket provides you with all the necessary to access this application and its contents, as long as you engage to respect the current conditions of use that may be modified by WatchMarket at all moment.
2.2 Editing an advertisement
The seller engages himself to precisely points out, and honestly, the quality and technical specificities (brand name, price, possible modifications carried out on the object, or any other characteristics, if there are any) of the object to be sold.
Validation of the subscription procedure applies to the full and unreserved acceptance of WatchMarket's General Conditions.
2.4 Reimbursement of Small paying ads
WatchMarket are paying. No right to reimbursement is granted, especially if:
- The paying advert is erased because it did not respect the conditions of use
- A technical problem not attributable to WatchMarket arises
- The upload procedure has not been respected
- The add is obsolete (sold object, etc.)
III. WatchMarket’s responsibility
3.1 WatchMarket is a service provider
The products are never the property of WatchMarket.
WatchMarket hosts the contents of the advertisement on-lined by sellers (text, photos, etc.). WatchMarket does not intervene in any way in the transaction between sellers and purchasers. Consequently, it exercises no control over the quality, reliability or conformity with the laws and regulations of the listed objects, the veracity and exactness in the on-lined advertisements, the seller's capacity to sell the aforementioned property or services neither the purchaser's capacity to pay the aforementioned property or services.
3.2 Limited responsibility
The small ads referenced in the section are uploaded by people who has nothing to do with WatchMarket and who, therefore, are not directly controlled by the site. As the seizure procedure of the small ads is widely automated, it is impossible for WatchMarket to thoughtfully read all the small ads. For these reasons, WatchMarket is exonerated from any kind of responsibility regarding the contents of the small ads included within the sections or any mistake or omission on the ads.
WatchMarket WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE, INCLUDING PROFIT LOSS.
WatchMarket IS EXONERATED FROM ANY RESPONSIBILITY REGARDING EVENTUAL PROTESTS, LEGAL ACTIONS OR APPEALS FROM THIRD PARTIES to claim any right, specially privatory ones, in relation to the contents and its usage.
3.3 Warranty limitation
WatchMarket guarantees the user the material existence of the service, in the frame of a correct usage which respects the conditions of use.
WatchMarket does not provide the user with any other explicit or implicit guarantee.
WatchMarket does not guarantee:
- The conformity of the service or the result of the search in the line with customer's expectations.
- That the service will be uninterrupted, appropriate and error-less.
- That all product, bought or obtained by the user through this application will comply with the expectations.
- The quality, the lawfulness or the conformity with the law of the content which has not been created by WatchMarket.
The user accepts to defend and compensate WatchMarket (including legal fees), managing agents, administrators, agents and employees against any demand or complaint carried out by a third party, caused or resulting from a violation on your behalf of these General Conditions, or from a violation on its behalf of any law or right of these third parties.
IV. Fraudulent acts
4.1 Fraudulent acts
Without excluding other means of recourse, WatchMarket can suspend or close, either temporarily or permanently, access to its services to any user:
- If it turns out that (following a sentence, transaction, or police enquiry, from an insurance company or a third party for notably confiscation) the user is engaged in fraudulent activities in contact with this application.
- If the user violates all or part of these General Conditions.
- If WatchMarket estimates that the user's activities are likely to implicate the responsibiliy of WatchMarket or those of any other user.
4.2 Forbidden small ads
WatchMarket cannot, in any case, be used for illegal purposes. Thus, the transmission, distribution or bonding which violates the Swiss legislation and/or the legislation in force in your home country is strictly forbidden. Including, but not limited to, all non-authorized usage of registered material, copyright, trademarks or any other obscene, slanderous goods constituting a threat and violating public and private rights.
WatchMarket forbids the insertion of small ads regarding proposition, sale, exchange, search or gift of:
- stolen goods
- non-existing goods
- reproductions or imitations of brand watches
The forbidden adverts will be erased without notice or justification, even if they are not clear enough or they can lead to confusion.
V. Modification and break of the application
WatchMarket reserves the right to, at any time, modify, temporarily or definitively break the whole or one part of the service without informing beforehand. WatchMarket will not be responsible for any change, suspension or break of the services.
VI. Applicable Law and Jurisdiction
These Terms and Conditions and Regulations shall be governed by and interpreted in accordance with the Law of Switzerland.
All disputes arising from or related to these Terms and Conditions shall be resolved by the competent court in Geneva. Nevertheless, Boom Mobile SA (the editor) reserves the right to pursue any legal proceedings in the competent courts at the defendant’s domicile.
WatchMarket reserves the right to modify these General Conditions that are applicable to all operations of any kind, regulated by the intermediary of this application, at any time.
The date of the latest modifications to the General Conditions is effective on June 10, 2011.
© 2011 boom mobile SA.