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

1. Scope of Application

top-offerten.ch is an inquiry mediation portal operated by top-offerten GmbH in Switzerland (hereinafter referred to as top-offerten.ch). We mediate relocation inquiries from individuals or companies (hereinafter referred to as customers) to companies (hereinafter referred to as partners/moving companies) for individual quotation.
All our deliveries and services are generally provided exclusively under these General Terms and Conditions. We do not recognize any conflicting or deviating conditions of the partner, especially purchasing conditions, unless we have expressly agreed to their validity in writing.
Our General Terms and Conditions apply only to entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
Our General Terms and Conditions also apply to future transactions, even if they are not attached in individual cases. In the context of an ongoing business relationship with merchants, they also become part of the contract even if they are not expressly referred to for inclusion in individual cases.
Changes to the GTC will be communicated to the partner in writing.

2. Partners, Relocation Inquiries, and Complaints

Partners may be required to submit a valid extract from the commercial register and will be activated after internal review. The partner also confirms that they fulfill all necessary legal requirements and must confirm/submit this in writing upon request by top-offerten.ch. Only after the partner has been activated can they participate in the transmission of relocation inquiries.
top-offerten.ch forwards inquiries only according to the order types set by the partner in the backend. There is no right to a minimum number or frequency of inquiry transmissions.
top-offerten.ch does not guarantee that the submission of offers by the partner to the customer will result in employment. top-offerten.ch merely mediates inquiries, not orders.
In return, the partner undertakes, upon receipt of the inquiry:

to contact the customer within one day,
if necessary, to arrange a site visit at the customer's premises,
to submit an offer no later than the day of contact or inspection,
to carry out the order, if awarded by the customer, exclusively themselves

top-offerten.ch has the right to block the partner and delete their account if the points mentioned under 2.4 are not adhered to.
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 provided by the partner.
Transmitted inquiries can be disputed in the backend, stating the reason, if the following points are confirmed:

inquiry already received (provide ID as proof),
telephone number AND email address are incorrect,
inquiry not matching the partner's selected area,
fictitious inquiry (e.g. Max Muster, test, asdf, etc.),
the inquirer is looking for a job
the inquiry was not already obtained at a reduced price

The transmitted customer data may only be used by the partner for the one-time preparation of a quotation, unless the customer requests otherwise from the partner. This concerns the relationship between the customer and the partner; top-offerten.ch is not involved in this.
The transmitted customer data must under no circumstances be resold, disclosed, or used for other purposes than listed under 2.4. Even if the partner has subcontractors, only the company registered with us may contact the customer.

If we can prove that point 2.9 has been disregarded, a penalty fee of CHF 5000 will be charged in the first case.
In a second case, the company will be blocked for 5 years.

A data record is considered validly delivered if it is listed in the internal area of the partner company. Partner companies are advised to check the inquiries daily in the internal area. Not having received a data record via email is not a valid reason for cancellation, provided that the data record is listed as delivered in the internal area.
The partner has the following obligations in particular:

Personal data may only be processed in the manner documented by the data controller.
Only employees who are bound to confidentiality may be used for data processing.
The partner guarantees that all legally defined technical and organizational measures have been taken to ensure an appropriate level of protection for data security.
These measures enable the handling of requests to exercise the rights of data subjects.
Subcontractors may only be used with written consent.
The service provider supports the controller in reporting data breaches, conducting data protection impact assessments, and consulting supervisory authorities.
After an unsuccessful submission of an offer or after the order has ended, the transmitted data will be deleted, or deleted within a reasonable period that does not exceed the maximum permitted under the applicable data protection regulation.

3. Prices and Billing

Prices for inquiry mediation are based on the currently valid price list, accessible in the backend. top-offerten.ch forwards customer inquiries to a maximum of five partners with sufficient contact information. Price changes are communicated to partners in writing via email.
The partner has the option to operate with top-offerten.ch by invoice, using a prepaid balance, or by credit card/direct debit. By default, inquiry transmission is set to credit card or direct debit.
The loaded credit is documented with a receipt and delivered to the partner by email after debiting and crediting. Credit is charged according to inquiry transmission; the partner expressly agrees to this process. An overview of transmitted inquiries is available in the backend.
If there is no credit remaining in the partner's account (backend) with top-offerten.ch and no automatic credit reload is set, no inquiries will be forwarded, and the partner will be informed of the lack of credit. Additionally, customer inquiries will only be forwarded as purchase offers to the partner. Inquiries can only be purchased according to 3.2.
For transmission of inquiries on invoice/credit card or direct debit, billing occurs on a monthly basis within the first three days of the following month or on a weekly basis, depending on the setting made by the customer in the backend. Inquiries are billed after transmission, even if the contact information provided by the partner is incorrect; point 2.6 applies.
Complaints must be made in writing/by email to top-offerten.ch within 14 days of the invoice date; otherwise, the invoice will be deemed accepted by the partner. The date of receipt applies.
top-offerten.ch is a Swiss company and notes that German VAT may not be shown on the monthly invoice to the partner. Pursuant to § 13b UStG (German VAT Act), the invoices indicate the transfer of VAT liability to the partner without formalities with the following sentence: "Reference is hereby made to the transfer of the VAT liability pursuant to § 13b UStG (6th EU Directive Art. 21 (1) letters b and c)."

4. Account Information, Pausing, and Termination of Membership

The partner can change their account information not only in the backend but also through customer service via email at info@top-offerten.ch or by phone. Requested changes will be implemented within two days.
There is no right to this service (4.1). If rejected, top-offerten.ch will inform the partner within two days of receiving the change request.
The partner can pause the transmission of inquiries as often as desired. The pause must be entered in the backend by the partner. Exceeding the number of pauses leads to the termination of the partnership.
The partnership with top-offerten.ch is without a fixed term and can be terminated at any time by written notice to info@top-offerten.ch. The transmission of inquiries will be stopped within two days of receiving the termination. The remaining credit will be credited to the partner after deducting all outstanding costs. For this purpose, top-offerten.ch separately requests the account details for the credit. Alternatively, the remaining costs - if the partner operates on invoice - will be invoiced with a final invoice according to 2.5. This termination period is excluded within the scope of promotions with minimum terms. Regular termination is only possible after the expiration of the promotional period.
top-offerten.ch reserves the right to close the partner's account without stating reasons.
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.

5. Disclaimer, Reviews, Miscellaneous

top-offerten.ch assumes no liability whatsoever for contractual relationships between a partner and a customer and resulting claims arising from inquiry mediation and subsequent orders.
The partner agrees that top-offerten.ch may use their name and logo for advertising purposes. If the partner does not wish this, it must be communicated in writing to info@top-offerten.ch.
The partner may use the partner logo provided by top-offerten.ch in the backend on their website and in their correspondence until revoked or termination of their partnership. When terminating their partnership or in inactive partnerships (no credit for over eight weeks), the logos and references used must be removed and may not be used further.
The partner expressly agrees that top-offerten.ch may have the partner's relocation service evaluated by the customer whose inquiry was transmitted to the partner via top-offerten.ch and may publish the resulting review on top-offerten.ch's website or for advertising purposes. The reviews are the property of top-offerten.ch.
Incorrect or doubtful reviews of the partner by the customer may be contested in writing to info@top-offerten.ch. top-offerten.ch reserves the right to amend/delete and furthermore is not responsible for the reviews and comments by customers and is not liable to the partner in this regard.
We are liable without limitation according to statutory provisions if

the damage is based on gross negligence on the part of top-offerten.ch or on intent; or
it concerns personal injury (injury to life, body, and health).

In all other respects, for culpable breaches of essential contractual obligations, we are liable only for the damage typical of the contract. Obligations typical of the contract are obligations that protect the customer's essential contractual legal positions, which the contract is specifically intended to grant the customer according to its content and purpose; essential contractual obligations are furthermore those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer has regularly relied and may rely.
Further contractual or tortious claims are excluded.
Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.

6. Jurisdiction

For all disputes arising from the contractual relationship as well as concerning its formation and its validity, the place of jurisdiction between merchants is Weinfelden TG (Switzerland) for both parties. At our discretion, we may also bring an action at the customer's registered office.
The contractual relationship is governed by Swiss law. The UN Sales Convention is excluded.

7. Severability Clause

If individual provisions of these terms and conditions are ineffective or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the parties shall endeavor to agree on a reasonable provision that comes as close as possible to the purpose intended with the ineffective provision.

Part II: Webshop

8. 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.

9. Conclusion of Contract

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).
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.

10. Prices and Payment Conditions

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

11. Delivery

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.
The delivery time is stated in the ordering process. In the event of unforeseen delivery delays, we will inform you immediately.

12. 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. Any termination of the purchase contract is only possible with the written consent of top-offerten.ch and only according to the following provisions.

13. Warranty and Guarantee

The statutory warranty applies.
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.

14. Liability

top-offerten.ch is fully liable for damages if the cause of the damage is based on intent or gross negligence. In the case of slight negligence in the breach of essential contractual obligations, we are only liable for the foreseeable, contract-typical damage. Liability for damages falling within the scope of a guarantee or assurance provided by top-offerten.ch, as well as liability for claims under the Product Liability Act and damages resulting from injury to life, body, or health, remains unaffected by this.

This text has been automatically translated. In case of dispute, the German version shall prevail.