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enaxx General Terms and Conditions and Privacy Policy

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§ 1 Area of application

  1. These general trading conditions (in the following called ”GTC”) of the company Internet Media Marsano & Ingnito (platform enaxx), represented by the managing director Silvano Marsano, Rietweiherweg 6a, 8500 Frauenfeld, Switzerland (in the following called “enaxx”) regulate the use of the website of enaxx in the connection standing right and obligations and the contractual relationship between enaxx and its registered members.

§ 2 Terms/Definitions

  1. Offer
    Offer means the publication of a solely responsible out-arranged representation to the sale of a product on tht market place of enaxx.
  2. Products
    Goods, services and also rights, which are offered on enaxx for the trade.
  3. Salesman
    Offerer of a product
  4. Buyer
    Buyer of a product offered on enaxx.

§ 3 Performance specification

  1. Enaxx puts its Internet presence at the disposal to its registered members as a platform for offering as well as acquiring of products.
  2. It is very important to enaxx that the members can lock among themselves autonomously and solely responsible contracts and carry on trade. Enaxx does not take influence on the conclusion of such contracts. The contracts exclusively come off between the buyer as well as the respective buyer.
  3. Since enaxx therefore takes no influence on the respective contract conclusion, do not meet both enaxx, and its representative, coworker and auxiliary persons responsibility for the risks connected with the preparation and the conclusion of business and are responsible in no way for any damage resulting from it. Appropriate requirements exclusively exist between the contracting parties.
  4. Enaxx is entitled, but not obligated to proof the offers on the market place of its members published to examine texts and figurative representations on their legal standard.
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  6. With suspicion of right offences enaxx reserves itself the right to take individual offers out. The offerer of the complained offer of enaxx is informed by such a blockage immediately.
  7. It generally does not insist a requirement on registration, membership as well as on use of the enaxx website as well as the demand services enaxx. Beyond that it is open enaxx to reject a registration at any time.

§ 4 Conditions for participation

  1. To participate to the offer of enaxx a registration as a member is necessary.
  2. After the successful registration the member can offer products on enaxx as well as sell those products, as well as the functions which are connected with it to the Internet presence of enaxx as well as see and use special member ranges protected by password of enaxx.

§ 5 Conditions for the admission as a member

  1. Condition for the admission as a member from enaxx is the completion of the 18. Year of life.
  2. The future member commits itself to indicate as well as on complete and correct conditions, which can be entered during the registration, hold the data completely and correctly (in particular with residence change, etc.). For the registration the following personal data are to be indicated: the complete pre and surname, address (no p.o. box and/or poste restante) of the current main domicile, telephone number (none Increase in value service number like e.g. 0900er-Nummern, etc.), valid email address.
  3. For the registration of an enterprise the name of the contact person and the complete company name are to be indicated. In case of Changes of these data the member is obligated, to adjust this immediately in the range " My Account", so that those Data are completely and correctly as well as on the most current in each case conditions at any time.

§ 6 Beginning and end of the membership

  1. The membership begins with the forwarding of the activating-e-mail through enaxx.

  2. The completion of the membership can, if all following conditions are fulfilled, be done at any time by a notice in the My account or by email to: customer_service@enaxx.com

    1. The account balance of the member is balanced, i.e. there is not a balance in favor of of enaxx.
    2. The member actually offers no products on enaxx.
    3. The customer service of enaxx confirms the notice with an email and blocks that appropriate account.
    4. Enaxx is entitled to exclude a member at any time without indication from reasons under keeping of a term of notice from 14 days to quit i.e. the membership without from this requirements arise for this opposite enaxx. In this case enaxx will inform the member immediately from such a notice.
    5. This is valid in particular with offences of the member against the available GTC. In such a case the exclusion of enaxx is permanent. The impossible member may not register again in his/her own and also not under strange name on enaxx.

§ 7 General member obligations

  1. The member is obligated, to keep to the personal password communicated by enaxx in the framework of the registration, in secret at any time and never admits to give it to third persons or make it accessible.
  2. It is expressly forbidden to all members to use special mechanisms, software or other Scripts, which could disturb the normal enterprise of the web page.
  3. It is forbidden to the members to block from enaxx generated contents, to overwrite or to modify or in other way to disturb the content on the enaxx website.
  4. An offence against these regulations leads to the immediate exclusion of enaxx.

§ 8 Mental property

  1. Texts and figurative representations, which a member communicates on the enaxx Websites in any kind and form (offers, evaluations, entries in the context „of the questions and answer function “, etc.) published or in other way over the enaxx Websites, may not injure any Rights, in particular no copyrights, of third persons.
  2. Texts and figurative representations, which a member communicates on the enaxx Websites in any kind and form published or on other way over the enaxx Websites, may not injure any personality rights of third people.
  3. If enaxx receives a report with the statement, that a member would injure the rights at the mental property of enaxx or third, or if enaxx has an appropriate justified suspicion, enaxx can close the user account temporarily. A final barrier can take place, if the statement proves to be true. The member will be informed by such a barrier immediately under indication of the reasons leading to the barrier.
  4. Both texts and figurative representations, which a member publishes on the enaxx web pages in connection with products, may not contain a form of advertisement for products, which do not offer this member up-to-date or in direct future over enaxx. Foreign advertisement is strictly forbidden.
  5. The offers and contents published on the enaxx Websites (inclusive pictures) may not contain any URL left or Web addresses.
  6. The information about a salesman or other information, observable in an offer, who conveys enaxx if necessary in connection with offers, may only be used in connection with the appropriate offer. A use is expressly not permitted for advertising purposes also.

§ 9 The trade on enaxx

  1. enaxx place is authorized to forbid at any time after own discretion and without indication from reasons to offer certain products and product groups on the market.
  2. The member is informed immediately, if one of his offers were taken out due to missing negotiableness (thus because of the prohibition).
  3. enaxx is authorized to delete offers, which were stopped in an unfounded market place category at any time. About such a deletion the member is informed concerned under indication of the deletion reason immediately. From appropriate deletions no requirements can be derived approximately enaxx, it is that the law plan an adhesion compellingly.
  4. If convincing, concrete notes for it are present that a member injured the available GTC enaxx is authorized to warn this member. enaxx is in particular entitled to warn a member if convincing, concrete notes for it are present that the member injured deliberately his contract obligations opposite another member.

§ 10 Obligations of the salesman

  1. The salesman may offer only products, regarding those he is order-entitled, i.e.he is able and justified to transfer their possession and property completely and unloaded to the buyer.
  2. It is forbidden to offer products on enaxx which offer, sale, purchase, delivery or use offends against valid right or legal regulations.
  3. The salesman has to represent the data concerning the product offered by him always truthfully. To it belongs that he is to be informed of the payment and the supply also about the details completely. Beyond that the salesman commits himself to publish its offer in an applicable product category on the market place.
  4. The simultaneous attitude of several identical products is not desired. This is valid for multiple attitudes in same or different categories. enaxx reserves itself to delete appropriate offers without further inquiry. About such a deletion the member is informed immediately.

§ 11 Relationship salesman - buyers

  1. enaxx gives no guarantee for the behavior of the members, since this lies outside of the sphere of influence of enaxx. enaxx in particular takes over none Guarantee concerning the adherence to the contract obligations between the respective members taken part in a contract conclusion.

  2. Subject-matter of the contract

    1. Conditions of the salesman
      The Content of the closed contract determine themselves according to from the salesman the specified Product description and the conditions specified by it. Additionally the legal evaluation of the present Treaties determines itself according to the relevant statutory right.
    2. Product description
      The product description is subject-matter of the contract, i.e. the salesman assures that the product exhibits the descriptive characteristics. If such a assured characteristic should be missing to the product agreement-adversely, then from this in principle lack warranty claims of the buyer can develop opposite the salesman. If certain data are not to represent a warranty in this sense, then the salesman has to note this clearly by appropriate additives. Whether it acts in the concrete case around a warranty in this sense, must separately is determined with consideration of the product description as well as all circumstances of the individual case.

§ 12 Adhesion

  1. Independently of the kind of the obligation injury claims for damages, impossible including such, are which result from a bad action on the part of enaxx, as far as deliberately or roughly negligent behavior is not present.
  2. The non-liability constituted restriction in exp. 1 and/or - is not valid for from bad-cunning behavior of the salesman resulting requirements, as well as with requirements, which result from the injury of the life, the body or the health.
  3. As far as a limitation of liability or a non-liability seizes to favour of enaxx, this is valid likewise for employees, employees, representatives and fulfilment assistance of the salesman.
  4. enaxx particular is not responsible for malfunctionings of the website as for the temporary unavailability of the website, the loss. In particular enaxx does not cling for technical problems, due to those offers not, late or incorrectly to be accepted or processed, it is an adhesion is compellingly intended after the law.
  5. The website of enaxx cannot be available because of maintenance work or other reasons occasionally or only limited, without for the user and/or the member arise from this in relation to requirements to enaxx.

§13 Contents and offers

  1. enaxx has no responsibility for the truthful and otherwise correct arrangement of the offers, evaluations and the other information published by the members on the market place of products the ability, the power and the will of the individual member offered by offers the quality, security, legality or availability regarding offering, purchase, supply, payment or other fulfillment of a contract to the examination and takes over.
  2. The members may not use the commercial platform provided from enaxx to make visible in order to transfer messages, contents or material, to show or in other way make accessible, illegaly, obscene, threateningly, troubling those, are insulting or the privacy; the political campaigns or advertisement represent or software viruses or other computer codes, which are intended to manipulate the functionality of any computer system contained; or those the rights third injured or persons under age in any form impair or offended against individual or several regulations of the penal code.
  3. The Member explains itself with it in agreement that each loss and each damage, which transferred by the use of a message, contents or material, which publish the member on the Internet presence up-loaded of enaxx, represented or in other way made accessible, however lies in the responsibility of the concerned member. enaxx dissociates itself expressly from such contents.

§ 14 Members and third

  1. enaxx is not responsible in particular for damage, which results to members or third from the behavior of other members or third in connection with the use or the abuse of the enaxx Websites.
  2. enaxx gives no guarantee for the topicality, the correctness, legal standard, completeness or quality of contents takes over those is attainable of Websites, over links on the enaxx Websites and closes out any adhesion in this connection as well as dissociates themselves expressly of contents of such linked Websites.

§ 15 Compensation/adhesion exemption

  1. The member commits itself, to compensate and release enaxx and its authorized persons, employee, managing director, licenser, sister companies, parent companies and subsidiaries for regarding all requirements, losses, demands, complaints and judgements (including court and lawyer costs), from which or in connection with the injury this agreement and your use arises, and enaxx on requirement all losses to replace costs and expenditures, which suffers enaxx consequently. This is not valid, if and so far enaxx, its authorized persons, employee, managing director, licenser, sister companies, parent companies or subsidiaries caused the injury of this agreement and/or the emergence of the requirements, losses, demands, and judgements from the services of enaxx.

§ 16 Final clauses

  1. Subject to this agreement is the right of Switzerland.
  2. Exclusive area of jurisdiction is, so far you are a buyer, a legal entity of the public right or a public special estate is, the seat of the company enaxx.
  3. Enaxx reserves itself to introduce judicial steps against you also at your general area of jurisdiction. For consumers their general area of jurisdiction (domicile) is relevant.