Auction Terms & Conditions
General Terms and Conditions for the use of the online platform CARIFY and the function "CARIFY Auction".
1. Scope of application
CARIFY AG (hereinafter "CARIFY"), Cheesturmweg 21, 4624 Härkingen, operates the online platform www.carify.com and platforms managed by CARFIY such as www.audi.ch/audi-abo, www.porsche-abo.ch or www.bmw-flex.ch (hereinafter "CARIFY platform"). The purpose of the CARIFY platform is the brokerage and execution of rental and other contracts between natural persons and legal entities (hereinafter referred to as "customers") and the corresponding CARIFY partners. Furthermore, CARIFY offers the "CARIFY Auction" function, a service that enables customers to offer their vehicles for sale.
These General Terms and Conditions ("T&C") govern the rights and obligations of the parties when using the CARIFY platform.
2. Use of the online platform
The range of products and services offered on the CARIFY platform as well as the available usage options and functions may be extended or restricted by CARIFY.
The use as such or individual elements thereof may be made dependent on the fulfillment of certain conditions or additional information.
CARIFY reserves the right to make the CARIFY Platform available only for selected operating systems and specific versions and/or to restrict or suspend access to its services if required for capacity, security, server integrity or technical reasons.
3. Offer and conclusion of contracts
All offers made by CARIFY on the CARIFY Platform or otherwise are non-binding. Rental, purchase and other contracts between CARIFY partners and the customer are concluded when the customer submits his application for the conclusion of a contract via predefined functions on the CARIFY platform and accepts the corresponding contractual terms and conditions as well as these GTC and subsequently confirms the conclusion of the contractual relationship electronically or otherwise as the representative of the CARIFY partner to CARIFY.
4. Data Protection, Customer's Consent to the Disclosure of Data
Seller is informed that CARIFY may be required to disclose customer data to the police or other government authorities. Further, CARIFY may share customer data with CARIFY partners as well as third party partners who perform services for CARIFY or Seller.
5. Limitation of CARIFY's Liability
CARIFY shall be liable for damages incurred by Seller arising out of or in connection with the use of the CARIFY Platform only in cases of willful misconduct or gross negligence.
The CARIFY Platform may be temporarily unavailable or restricted due to maintenance or other reasons without any claims against CARIFY or CARIFY partners.
6. Modifications of the General Terms and Conditions
CARIFY may amend these Terms and Conditions from time to time. The changes will be effective upon CARIFY's posting of the updated terms and conditions in this location, or upon the posting of the amended policies or supplemental terms and conditions for the applicable service. Your continued access to or use of the CARIFY Services after such posting constitutes your acceptance of the changes.
7. Final clauses
Any general terms and conditions of the customer shall not be valid, even if they are not expressly contradicted in individual cases. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should they contain a legal loophole, this shall not affect the validity of the remaining provisions. In place of the invalid clause, the valid clause that comes closest to the purpose of the invalid clause shall be deemed agreed.
Insofar as only the masculine form is used in these General Terms and Conditions for reasons of linguistic simplicity, the feminine form is always included as well.
8 Applicable law, place of jurisdiction
Swiss law shall apply. The place of jurisdiction is Zurich, Switzerland. Zurich, 15 December 2023.
2. Terms and Conditions
The "CARIFY Auction" service may be used by anyone with a permanent residence or company headquarters in Switzerland.
3. CARIFY Auction
By starting an auction on the CARIFY platform and accepting the General Terms and Conditions of Business and Use, the seller makes a legally binding request for purchase offers for his vehicle. The information provided by the seller is checked by CARIFY for completeness of content, but not for correctness. Subsequently, the auction is either released or rejected.
There is no right for the seller and no obligation for CARIFY as well as the CARIFY partners for the execution of an auction. After the auction has started, the CARIFY partners have the right, but not the obligation, to make a purchase offer for the seller's vehicle. After the auction has been timed, the seller receives the final purchase offer, provided that at least one offer has been submitted. The customer then has the option, but not the obligation, to accept the offer within a period predefined by CARIFY.
3.2 Use of the CARIFY Platform
Use of the platform requires free registration as a user. CARIFY reserves the express right to reject auction requests or to exclude users without justification.
CARIFY reserves the right to charge a transportation and brokerage fee on top of the transaction price. The fee will be deducted directly from the CARIFY partner's offer to the seller.
3.4 Seller and CARIFY Partner
The seller is a user who autonomously and on his own responsibility places a vehicle for auction. The placement of a vehicle for the purpose of conducting an online auction constitutes a non-binding offer.
The seller is obligated to provide the vehicle details and information required by the CARIFY platform fully and truthfully.
The seller is hereby under a legal obligation to confer unrestricted ownership rights to the CARIFY partner upon acceptance of the offer for the purchased vehicle. CARIFY disclaims any liability in this matter.
Before the commencement of the auction, the seller explicitly affirms that:
- All information pertaining to the vehicle submitted to CARIFY is truthful;
- The vehicle has not been involved in any accidents;
- The seller is the sole and unencumbered proprietor of the specified vehicle, with no third-party claims or retentions of title in existence;
- The seller will promptly inform CARIFY if the vehicle is subject to a current leasing contract;
- The mileage displayed accurately corresponds to the actual kilometers driven (with a tolerance of 100km);
- The seller is not aware of any hidden defects;
- The risk of loss, damage, or depreciation is borne by the seller until the moment of the vehicle handover.
In case of any violations, the seller is responsible for covering the costs of the reversal process.
The listing of a vehicle for the purpose of an online auction by a seller constitutes a non-binding offer. The submission of a purchase price by the CARIFY partner constitutes a binding offer to purchase.
The seller can advertise a vehicle for auction on the CARIFY platform. As soon as the auction is published, CARIFY partners can submit a purchase offer. The auction ends at a predefined time. As soon as the auction is closed, an offer is submitted to the seller. The seller can then decide, but is not obliged, to accept the offer.
Once the offer is accepted, the CARIFY partner transfers the amount to CARIFY. CARIFY organizes the transport from the seller to the corresponding CARIFY partner. Upon confirmation of the vehicle's delivery and accuracy by the CARIFY partner, the seller shall receive payment from CARIFY. The closure of the auction is contingent upon the seller's receipt of payment. Until then, the seller is obligated to maintain the vehicle's registration with the STVA, and the insurance coverage must remain in force. If the vehicle is deregistered prior to the completion of the transaction, any fees incurred for re-registration shall be borne by the seller.
4. Final provisions
Zurich, 15 December 2023.