General Terms and Conditions (GTC) for top-offerten.ch; a business division of top-offerten GmbH

Version of 28 October 2026

Part I: Inquiry Mediation for Partners

1. Scope of Application and Changes

  1. top-offerten.ch is an inquiry mediation portal operated by top-offerten GmbH in Switzerland (hereinafter top-offerten.ch). We mediate inquiries from private individuals and companies (hereinafter customers) for services from various fields – for example relocation, cleaning, disposal, painting, electrical and other trade work – to registered service companies (hereinafter partners) for individual quotations. This applies to inquiries made via top-offerten.ch, via other websites of top-offerten GmbH and via websites of distribution partners.
  2. Part I of these GTC governs the relationship between top-offerten.ch and the partners. Part II governs purchases in the webshop.
  3. Part I is addressed exclusively to partners acting in the course of their commercial or independent professional activity, not to consumers.
  4. We provide all our services to partners exclusively under these GTC. We do not recognize any conflicting or deviating conditions of the partner, unless we have expressly agreed to their validity in writing.
  5. These GTC, in their currently valid version, also apply to all future transactions with the partner, without the need to refer to them again in each individual case.
  6. top-offerten.ch may amend these GTC. Amendments will be communicated to the partner by email or in the backend at least 30 days before they take effect. If the partner does not object in writing (email is sufficient) before they take effect, the amendments are deemed accepted; top-offerten.ch will separately point out this consequence and any amendments that are particularly burdensome for the partner in the notice. The automatic receipt of inquiries does not constitute consent and does not cancel a declared objection. If the partner objects, either party may terminate the partnership as of the date the amendments take effect, regardless of any minimum term. top-offerten.ch may additionally obtain express consent to amendments in the backend.

2. Admission and Documentation of Partners

  1. Partners are activated after an internal review. The partner can receive inquiries only after activation. There is no entitlement to activation.
  2. The partner confirms that it meets all legal requirements for its activity, in particular under trade, tax, social insurance, employment and foreigners law. It registers all employees properly with the social insurance institutions, correctly accounts for wages, social insurance contributions and, where applicable, withholding taxes, complies with applicable collective labour agreements and does not employ anyone undeclared within the meaning of the Federal Act on Measures to Combat Undeclared Work (BGSA).
  3. top-offerten.ch may request documentation upon registration and at any time thereafter, also repeatedly. This includes in particular:
    • a current commercial register extract; for sole proprietorships not entered in the register, an official ID of the owner and the owner's residential address,
    • proof of valid business liability insurance with an adequate coverage amount,
    • a current confirmation from the AHV/OASI compensation office regarding affiliation and proper settlement of social insurance contributions, with no arrears,
    • proof of accident insurance (UVG) and of affiliation with an occupational pension fund (BVG), where there is a corresponding insurance obligation; otherwise a reasoned declaration,
    • a current extract from the debt enforcement register,
    • proof of value-added tax registration, if the partner is subject to value-added tax,
    • where a collective labour agreement (CLA) declared generally binding applies, a confirmation from the competent joint (parity) commission,
    • for foreign employees, the required permits or notifications,
    • a written self-declaration that no undeclared work is carried out.
  4. The partner submits requested documentation within 14 days. If documentation is not submitted, is incomplete or contains incorrect content, top-offerten.ch may suspend the transmission of inquiries until it is submitted and may terminate the partnership for good cause in accordance with section 6.5.
  5. The partner notifies top-offerten.ch without delay of material changes, in particular the lapse of the liability insurance, the opening of bankruptcy or composition proceedings, liquidation, and changes of company name, legal form or registered office.
  6. top-offerten.ch may compare the partner's details with public registers (for example the commercial register, the UID register and the value-added tax register).

3. Inquiries, Obligations of Partners and Complaints

  1. top-offerten.ch transmits inquiries only according to the fields, order types and areas set by the partner in the backend. There is no right to a minimum number or frequency of inquiries.
  2. top-offerten.ch merely mediates inquiries, not orders, and does not guarantee that a quotation by the partner will result in an order. The absence of an order does not give rise to any claim for a refund of the price of an inquiry transmitted in accordance with the contract. Sections 3.8 and 6.6 remain reserved.
  3. The partner undertakes, upon receipt of the inquiry, to:
    • contact the customer within one day,
    • if necessary, arrange a site visit at the customer's premises,
    • submit a quotation no later than the day of contact or site visit,
    • carry out any awarded order itself; it may engage subcontractors only with the prior consent of the customer and of top-offerten.ch; it remains responsible for their performance. «Sorglos Umzug» bookings are governed by the «Sorglos Umzug» participation terms.
  4. If the partner does not comply with the obligations under section 3.3, top-offerten.ch may block it and terminate the partnership in accordance with section 6.5.
  5. The partner is responsible for the contact information stored in the backend. top-offerten.ch is not liable for missed inquiries due to incorrect contact information of the partner.
  6. An inquiry is deemed delivered as soon as it is listed in the partner's backend. We recommend checking the inquiries in the backend daily. The fact that an inquiry did not arrive by email is not a ground for complaint, provided it is listed as delivered in the backend.
  7. Transmitted inquiries can be disputed in the backend, stating the reason, if one of the following grounds applies:
    • the inquiry has already been received (proof by ID),
    • telephone number AND email address are incorrect,
    • the inquiry does not match the partner's selected fields, order types or areas,
    • the inquiry is fictitious (e.g. Max Muster, test, asdf),
    • the inquirer is looking for a job.
    Inquiries obtained at a reduced price can only be disputed if they are fictitious.
  8. Complaints must be submitted in the backend by the 3rd day of the following month; the month in which the inquiry was transmitted is decisive. Complaints submitted later will not be considered. Justified complaints are credited to the balance or to the invoice.

4. Data Protection and Use of Customer Data

  1. top-offerten.ch processes the customers' data as controller for the capture and transmission of the inquiry in accordance with our privacy policy. Upon receipt of an inquiry, the partner itself becomes the controller within the meaning of the Swiss Federal Act on Data Protection (FADP) for its own processing of this data. It does not process the data on behalf of top-offerten.ch.
  2. The partner may use the transmitted customer data only for preparing a quotation for this inquiry and, if it is awarded the order, for carrying it out. Any further use is permitted only if the customer itself so wishes or consents; it then concerns solely the relationship between the customer and the partner.
  3. The transmitted customer data must not be resold, disclosed or used for purposes other than those under section 4.2. Even if the partner has subsidiaries or subcontractors, only the company registered with us may contact the customer. Disclosures required by law, disclosures under section 4.2 and purpose-bound processing by carefully selected service providers of the partner that are bound by contract (for example IT or accounting) remain reserved. Disclosure for customer acquisition by third parties is prohibited in any case.
  4. If the partner culpably violates section 4.3:
    • in the first case, it owes a contractual penalty of CHF 5,000,
    • in the second case, it will be blocked for 5 years.
    Payment of the contractual penalty does not release the partner from compliance with section 4.3. Damage exceeding the contractual penalty can additionally be claimed (Art. 161 para. 2 CO).
  5. The partner has the following obligations in particular:
    • It uses only employees who are bound to confidentiality for processing the data.
    • It takes appropriate technical and organizational measures for data security.
    • It answers requests for access, rectification and erasure from data subjects regarding its own processing itself.
    • It reports data security breaches to the Federal Data Protection and Information Commissioner (FDPIC) where required by law and informs top-offerten.ch without delay if transmitted customer data is affected.
    • It deletes the transmitted data as soon as it no longer needs it for preparing the quotation or carrying out the order. Permitted further use under section 4.2, statutory retention obligations and necessary, purpose-bound retention for the enforcement or defence of legal claims remain reserved.
  6. top-offerten.ch processes the partner's data in accordance with the privacy policy. The partner warrants that it is entitled to pass on to top-offerten.ch the data it submits, for example of employees.

5. Prices, Billing and Late Payment

  1. The price of an inquiry is set by top-offerten.ch and depends in particular on the field and order type, the scope of the order, the region, the origin of the inquiry and the number of quotations requested by the customer. The price shown in the backend at the time of transmission or purchase is decisive. An inquiry is mediated to a maximum of five partners.
  2. top-offerten.ch sets prices on an ongoing basis and may change them at any time, including at short notice and differently for each inquiry (dynamic pricing). The price under section 5.1 is decisive. The partner may adjust its settings or pause transmission at any time.
  3. The partner can obtain inquiries via balance, credit card, invoice or the other payment methods offered in the backend.
  4. Topped-up balance is documented by a receipt, which is sent to the partner by email. The balance is debited with each transmitted inquiry; the partner expressly agrees to this procedure. An overview of transmitted inquiries can be viewed in the backend.
  5. If the partner obtains inquiries via balance and no balance remains and no automatic top-up is set, inquiries will no longer be transmitted automatically and the partner will be informed accordingly. Inquiries will then be shown to it only as purchase offers, which it can buy using one of the payment methods under section 5.3.
  6. For purchases on invoice, billing takes place weekly or monthly within the first three days of the following month, depending on the partner's setting in the backend. Inquiries are billed after transmission even if the partner's stored contact information is incorrect (section 3.5).
  7. Invoices are payable within 30 days of the invoice date without deduction. Upon expiry of the deadline, the partner is in default without a reminder. A reminder fee of CHF 20 is charged per month of default. top-offerten.ch may hand over outstanding claims to a collection agency.
  8. In the event of late payment or a failed charge to the stored payment method, top-offerten.ch may block the transmission of inquiries immediately. After full payment, transmission will be resumed.
  9. Invoicing errors (for example calculation errors or duplicate charges) must be disputed within 14 days of invoicing by email to info@top-offerten.ch; the date of receipt is decisive. After that, the invoice is deemed approved. Complaints about individual inquiries are governed exclusively by sections 3.7 and 3.8.
  10. The partner may set off claims of top-offerten.ch only against counterclaims that are undisputed or established by a final and binding judgment.

6. Account, Pausing, Termination and Balance

  1. The partner can have its account information changed in the backend or through customer service (info@top-offerten.ch or by phone). Change requests will be processed within two days. There is no entitlement to changes through customer service; if top-offerten.ch rejects a change, it will inform the partner within two days.
  2. The partner can pause the transmission of inquiries in the backend as often and for as long as it wishes. A pause does not terminate the partnership.
  3. The partnership has no fixed term. The partner can terminate it at any time by email to info@top-offerten.ch. The transmission of inquiries will be stopped within two days of receipt of the termination. For promotions with a minimum term, termination is possible only at the end of the promotional period; the right of termination under sections 1.6 and 5.2 remains reserved.
  4. top-offerten.ch may terminate the partnership at any time without stating reasons.
  5. top-offerten.ch may terminate the partnership without notice for good cause, in particular in the event of violations of section 2, 3.3 or 4, missing or incorrect documentation, late payment, repeated justified customer complaints or fraud.
  6. Upon termination of the partnership, the balance paid in by the partner and not yet used will be refunded after deduction of all outstanding claims; top-offerten.ch will request the account details for this separately. For purchases on invoice, the remaining costs will be billed with a final invoice in accordance with section 5.6.
  7. Gifted starting, promotional or voucher balance is not paid out and expires upon termination of the partnership. It is used up before the balance paid in.
  8. If the partnership ends for good cause (section 6.5), top-offerten.ch may offset the balance against its claims against the partner, in particular against a contractual penalty or damages.
  9. After termination of the partnership, invoices and receipts remain accessible in the backend for at least 60 days. Section 4 continues to apply to the customer data received.
  10. Trial memberships can be granted once upon request to info@top-offerten.ch. Details will be provided in writing. There is no right to a trial membership.

7. Reviews, Advertising and Partner Logo

  1. The partner agrees that top-offerten.ch may use its name and logo for advertising purposes. If it does not wish this, it must notify info@top-offerten.ch in writing.
  2. The partner may use the top-offerten.ch partner logo provided in the backend on its website and in its correspondence until revoked or until the partnership is terminated. Upon termination or in an inactive partnership (no inquiries obtained for over eight weeks), it must remove logos and references and may not continue to use them.
  3. The partner expressly agrees that top-offerten.ch may have its service reviewed by customers whose inquiry was transmitted to it via top-offerten.ch and may publish the reviews on its websites or for advertising purposes. top-offerten.ch may use the reviews for an unlimited period, including after termination of the partnership. The partner is entitled to removal only in the case of unlawful or incorrect reviews (section 7.4).
  4. The partner expressly agrees that top-offerten.ch may have its service reviewed by customers whose inquiry was transmitted to it via top-offerten.ch and may publish the reviews on its own websites to the extent of the rights granted by their authors, including after termination of the partnership. Mandatory personality and data protection rights remain reserved; section 7.4 applies to incorrect reviews.

8. Liability

  1. top-offerten.ch accepts no liability in any form for contractual relationships between partner and customer, for claims arising therefrom or for follow-up orders.
  2. top-offerten.ch is liable for damage that it causes intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law. This also applies to auxiliary persons.
  3. To the extent permitted by law, liability is excluded in particular for indirect damage and consequential damage, loss of profit, lost inquiries or orders, and loss of data.
  4. top-offerten.ch does not guarantee uninterrupted or error-free availability of the platform. Maintenance work and technical faults remain reserved. top-offerten.ch does not vouch for the accuracy of the information provided by customers; the complaint options under section 3.7 remain reserved.
  5. top-offerten.ch is not liable for failures or delays due to force majeure or other events beyond its control.
  6. The partner indemnifies top-offerten.ch against claims by customers or third parties that are based on its services, on violations of these GTC or on its violations of data protection law, including reasonable legal costs. This does not apply to the extent top-offerten.ch is itself at fault.
  7. All exclusions of liability in these GTC, including sections 7.4 and 8.1, are subject to section 8.2 and mandatory statutory provisions.

9. Final Provisions

  1. The place of jurisdiction for all disputes arising from the contractual relationship with the partner, including its formation and validity, is Weinfelden TG (Switzerland). top-offerten.ch may also sue the partner at its registered office.
  2. The contractual relationship is governed by Swiss law. The Vienna Sales Convention (CISG) is excluded.
  3. Severability clause: If individual provisions of these GTC are ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall then endeavor to agree on a reasonable provision in place of the ineffective provision that comes as close as possible to the purpose intended with the ineffective provision.
  4. These GTC exist in several languages. In case of discrepancies, the German version prevails.

Part II: Webshop

10. Scope

These conditions apply to all purchases made by customers through the online shop of top-offerten.ch. The online shop is used for the sale of moving supplies and related products.

11. Conclusion of Contract

  1. The presentation of goods in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. By clicking the "Order with obligation to pay" button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. A purchase contract is only concluded when we ship the ordered goods to you and confirm the shipment to you with a second email (shipping confirmation).
  2. If our suppliers do not deliver the ordered goods, we are entitled to withdraw from the contract. In this case, we will inform you immediately and refund any services already provided.

12. Prices and Payment Conditions

  1. The prices quoted include the statutory value-added tax and other price components. Any shipping costs are clearly communicated in the ordering process.
  2. Payment can be made by advance payment, credit card, Twint, or other payment methods specified in the ordering process.

13. Delivery

  1. Delivery is only made within Switzerland to the delivery address you specified, provided that your address is within the delivery radius of a partner. This is explicitly stated in the ordering process.
  2. The delivery time is stated in the ordering process. In the event of unforeseen delivery delays, we will inform you immediately.

14. Right of Withdrawal

For the items in our range, there is generally no right of return or withdrawal. This also applies to products that were mistakenly ordered by the customer due to incorrect assumptions. An amicable termination of the purchase contract requires the written consent of top-offerten.ch. The statutory warranty rights under section 15 remain reserved.

15. Warranty and Guarantee

  1. The statutory warranty applies.
  2. In addition to the statutory warranty rights, some products may have a manufacturer's warranty, the scope and duration of which are governed by the respective warranty conditions of the manufacturer.

16. Liability

top-offerten.ch is liable for damages in accordance with the statutory provisions. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract; otherwise, liability for slight negligence is excluded to the extent permitted by law. Claims for repayment of amounts paid remain unaffected. Liability for personal injury, under the Product Liability Act and for expressly given guarantees and warranted characteristics also remains reserved.

17. Governing Law and Place of Jurisdiction

  1. Purchases in the webshop are governed by Swiss law. The Vienna Sales Convention (CISG) is excluded.
  2. For actions brought by consumers, the court at their place of residence or at the registered office of top-offerten.ch has jurisdiction; for actions by top-offerten.ch against consumers, the court at their place of residence. For all other customers, the place of jurisdiction is Weinfelden TG (Switzerland).
  3. Section 9.3 (severability clause) and section 9.4 (language versions) also apply to Part II.