Terms of use

 

Terms of use

 

General terms and conditions

Welcome to babacos.ch! babacos.ch offers you services, particularly advertisements, profile, shops, guidebooks and various offers per e-mail (successively calls “the services”), for which these terms of use are valid. Please note that the terms of use of babacos.ch can change and be updated at anytime. The updated version you can always find here under babacos.ch Terms of Use. By using the services you agree to the following terms of use.

 

Minimum requirements for the membership

The membership is only open to natural or legal persons who have the right, authority and capacity to agree and abide by these Terms and Conditions. Excluded from membership are under-aged persons (persons under 18 years old).

 

No double advertisements

Insert your advertisement only once and only in the location it is offered or requested. Your advertisement will appear in the chosen location under the chosen category and can be foundon a nationwide scale. Multiple insertion of identical in content advertisements, including different regions and categories, is prohibited. As well as that, it is not allowed to manipulate babacos.ch, so that an advertisement always appears on the top of the hit list, for example by regularly deactivating and adding advertisements again. This is also valid for advertisements that vary in text or picture, but are the same in content. Also nationwide services are not allowed to be offered several times. The use of different email addresses for advertisements in the same category is inadmissible, especially if this could be deceiving regarding identity.

 

Commercial providers

Commercial advertisements must contain information about statutory regulations and dispose of a complete Disclaimer.  A link to it is not enough in this case. Further information about commercial advertising you can find here.

 

Own responsibility for content

The responsibility for the content of the advertisements, pictures, videos, the profile or other contributions lie solely on the author. babacos.ch makes no warranties for advertisements or contributions, that are published by third parties, and especially not when a wrongful use of babacos.ch is taking place.  Through the placement of an advertisement the inserter confirms owning the copyright over the text and pictures. Users are not authorized, under any circumstance to provide the access information like the password to third parties. Should third parties still gain access to the account or should the user have indications that a misuse of the site is taking place the user must inform babacos.ch immediately and change the access information.

We reserve the right to limit or end our services, delete content or to take technical or lawful steps to keep a user away if there is suspicion or indication of violation of the terms of use or the violation of the rights of third persons.

 

Security

Please report suspicious advertisements that contain potential unlawful contents to babacos.ch, through the form “Report violation” or via email to kontakt@babacos.ch. Like this we can take care together that the offers on the babacos.ch site stays integer.  Please take our safety instructions and help into account.

Advertisers with a test seal can be trusted particularly.

 

Basic Principles

Users commit to respect the following listed Basic Principles. These make no claim on integrity. Users are personally responsible for their trades on babacos.ch. Please take the legal requirements into account. Strictly to be complied with are particularly:

 

The Provisions of the Penal Code

The law for the Protection of Minors

The right to data protection as well as the specifications for adult content and further minor protection guidelines

The national and international original authors of brands, marks, patents and the rights of name

Provisions of the laws on animal welfare

 

European Convention for the protection of house pets

Prohibited content

It is especially prohibited to advertise the following content (text, pictures, videos) as offers, requests or events on babacos.ch:

Advertisement for other internet sites, especially external E-Commerce Shops or auctions on the internet as well as QR Codes in advertisement pictures

Incompletely described offers, incl. general offers for purchases or requests

Network Marketing, Multi-Level-Marketing

Invitations to anonymous pre-payment

Contests, betting services of any kind including Lotto and other games of chance

Credits, loans and financing help

Avoiding the Credit Investigation Company

Financial investments, funds, securities especially shares

Cell phone-, DSL- or telephone contracts

Telephone numbers subject to charge (by Contacts>Telephone>Livecam: without information), as well as SMS-services

Snowball systems of every kind

Abusive, offensive or discriminating comments

Racist, defamatory, violence glorifying or anti-constitutional content

Illegal advertisements, that threaten the rights or health of third persons

Pornography, incl. pornographic material and content that is liable to corrupt minors

Lists, directories or other that include the addresses of producers, traders and/or deliverers

 

Prohibited items

Prohibited items as well as offers or petitions

Stolen, falsified or unauthorized copied items of every kind as well as product piracy

Drugs, stimulants within the effects of the Swiss Federal Law on Narcotics, prescription drugs, contact lenses

Alcohol without taking into account the  Food Labeling Regulations (LMKV) and/or the Youth Protection Legislation (JuSchG)

Radioactive materials, poison, pyrotechnical products, explosives as well as other chemicals hazardous to the health

Human organs, blood as well as other body fluids

Weapons within the Weapons Act, particularly firearms, cutting weapons and thrust weapons of every kind like ammunition as well as compresses air weapons of every kind

Official uniforms and identity cards from relevant security areas

Articles with markings of anti-constitutional organizations

Items that are located abroad

Protected animals- and plant species or specimens, without documentation of their legality (for example CITES-authorization) or proof of breed that are easily read and integrated into the advertisement as a picture or image.

 

Further category specific Basic Principles

Animal Advertisements

 

Prohibited contents are:

Sending of live animals

Protected animals and their specimens, see above ”Prohibited Items without documentation of legality (for example CITES-authorization)”

Animals with the following surgical interventions:

docked tails (exception in cases of animals used for hunting according to § 6 TierSchG)

docked ears,

severed vocal cords,

removed claws or teeth.

Animals located abroad, unless they come from an animal shelter or charity project

Mammals as “living food”

Professionally run breeding,  keeping or treating animals without authorization of the responsible authorities according to §11 of the animal Welfare Act

Offering different species and genera or in great numbers, that goes against a species appropriate keeping and delivery guidelines

Delivery of mammals younger than 8 weeks (this also includes rabbits, the recommended minimum age for other small mammals you can find here). The recommended age to deliver puppies and kittens is 12 weeks (more regarding dog and cat ages you can find here)

Delivery of animals to persons under the age of 16 without clear authorization from their parents or legal guardians

Animal shelters/organizations without a complete title and address of the organization

Kennels without official authorization

 

Jobs offers and job applications

Prohibited are:

Insufficiently described job advertisements

Missing company name, address incl. land line number

Offers, that require pre-financial concession from the part of the applicant

Snowball systems

Job offers with only a commission basis as remuneration, Network Marketing, Multi-Level-Marketing Offers

 

Vehicle advertisements

Prohibited are:

Marketing of a vehicle

Advertisement about general motor vehicle buying and selling

Shop and articles for BuyNow

Babacos.ch offers professional sellers, the possibility to sell their Internet-shop articles as a BuyNow. Only adults and persons with full legal capacity as well as legal persons and partnerships are allowed as sellers. A seller is bound to his offer on babacos.ch as long as it appears on babacos.ch, but can take the article back at any time prior to a buyer adopting it.

 

Direct selling over Shops

The contract has a binding effect as soon as the buyer clicks on the button “Buy” on the respective order page. If the contract comes to a close, babacos.ch will share the necessary information to close the contract from the buyer and the seller with the respective trade partner via email. As soon as the contract closes, the price is to be paid immediately. The seller sends the item after reception of payment.

 

Security for the buyer

Sellers must behave and conform to legal requirement guidelines in the framework of the babacos.ch transacted business operations.

Sellers have to conform with consumer protection guidelines insofar as Companies have to conform with § 14 BGB and consumers have to conform with with § 13 BGB.

This is valid particularly for the proper concession of cancellation rights, insofar as this is legally required. The seller doesn’t have the right to demand commissions or charges that he himself must pay. Sellers are not allowed, without express consent from babacos.ch to send commercial e-mails to other babacos.ch users or to contact them for any other reason than for the transactions that are to be processed through babacos.ch.

 

Privacy Policy

The protection of your personal data has the highest priority at babacos.ch. Our declaration of commitment to protect your data you can find on the babacos.ch Privacy Policy. By using babacos.ch you are consenting to the collection, processing and use of your personal data by our company that saves your data on servers located in Switzerland. It is prohibited to collect e-mail addresses from other users or to transfer these to third parties or to obtain these in any ways without the specific consent or the respective user. As well as that, it is prohibited to copy, change or distribute advertisements from strangers. Advertisements on babacos.ch can be distributed for marketing reasons on partner portals that offer the same services as babacos.ch but not for any other reasons than the publication of the advertisement. In very few exceptions can babacos.ch for the illustration of the marketplace quote content on advisory pages or advertise in daily newspapers as small advertisements stating anonymized e-mail addresses.

 

Rights of use

Through the advertising order, the contracting authority babacos.ch confers user rights regarding all types of use that is necessary for a contractual use of all texts or pictures made available, including editing rights.

Editing rights mean, that babacos.ch reserves the right to edit and/or change (cut, montage and color correction) the template using analogue, digital or other editing possibilities respecting the copyright. babacos.ch has the right to publish content from advertisements, partially or also in their totalityin advertising materials or on other websites for marketing purposes. babacos.ch also reserves the right, to use the template for personal advertisements in all media in return for payment.

The prohibited publishing of content on other websites or in other media goes against copyright rights and is not permitted.

No spam e-mails

It is illegal to disseminate or promote spam, chain letters or snowball systems. In the case of sending viruses or other technologies that could harm babacos.ch or the interests or personal property of babacos.ch users, babacos.ch reserves the right to take lawful steps against the perpetrator.

 

Liability

babacos.ch offers no guarantee for the uninterrupted availability of the website. The advertisements at babacos.ch come from users as well as partner companies. For the advertisements that come from partner companies, the valid terms and conditions that are valid are those of the partner company. Please note that babacos.ch cannot take responsibility for the correctness, quality, completeness security or legality of the advertisements or user communications. In the case of damage, caused through babacos.ch, babacos.ch only carries liability in cases of intention and gross negligence.

Furthermore, the liability of babacos.ch for these damages is limited, to those that were typical and foreseeable at the time of the conclusion.

The above named limitations and exclusions from the guarantee are not valid for damages related to violation of life, body or health.

 

Exclusion of liability for the content of external linked internet sites

On the website babacos.ch as well as the belonging domains, there are links to external sites on the internet. Our Company has no influence on the design and content of the sites to which they are linked. Therefore babacos.ch carries no liability for the up-to-datedness, correctness, completeness or quality of the information provided there and takes explicit distance from all contents of this site with this statement. This statement is valid for all external links on babacos.ch and their content.

 

Final provisions

These terms build the conditions between babacos.ch and its users and replace all previous conditions. These conditions are subject to the laws of Switzerland. In case we don’t carry through these conditions, we don’t renounce the possibility of doing it at a later point. Should one of these conditions be invalid, the rest of the conditions continue to maintain their validity. babacos.ch reserves the right to relinquish the agreement at any time. If you would like to cancel the user agreement with babacos.ch, please do this in the written form, by sending it to babacos.ch GmbH, Schützenweg 41, 4624 Härkingen, Switzerland. Provided that babacos.ch cancels the user agreement with the user, this will occur via email on the given e-mail address or by registered letter.

 

If you have questions or suggestions, please write to kontakt@babacos.ch

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