Valid service provisions (GDB)

Scope
1. These valid service provisions (“GDB”) apply to all contractual relationships between the contractual partners of Landbörse AG (hereinafter the “Contractual Partners”) and Landbörse AG, Steinerstraße 24, 9052 Niederteufen (hereinafter “Landbörse”), in particular with users, providers and sellers as well as interested parties or buyers on the online platform operated by Landbörse (www.landboerse.ch) (hereinafter “Platform”).
2. Contractual partners can only be persons capable of acting.
3. These GDB apply on a subsidiary basis to any existing written contracts between a contractual partner and the Landbörse and insofar as these do not provide for any corresponding regulation.
4. These GDB take precedence over the general terms and conditions of the contractual partners.
Performance description
1. The Landbörse operates a platform on which it enables the contracting parties to anonymously activate properties for sale for a certain period of time. The Landbörse also offers its own properties. At the same time, Landbörse enables the contracting parties to bid on activated real estate via the platform (hereinafter referred to as “auction”). The bids are received by Landbörse without being shown on the platform for the corresponding listing. By registering on the platform, the user agrees to the GDB.
2. The Landbörse provides the technical platform for the auction. With the activation of a listing, the contracting party has to pay a listing fee depending on the term and form, which can be seen in the price table. The properties will be activated on the platform after the listing fees have been received and the legitimacy check has been carried out (see Clause2.8). The auction period begins at the time of activation and is identified by means of a reverse clock.
3. It is no longer possible to change an auction once it has been published on the platform. In addition, an activated auction can only be withdrawn by the provider for a fee of CHF 500.00. Any listing fee already paid will not be refunded.
4. The unlocked information about the offered properties comes exclusively from the seller. Landbörse only anonymizes the land register excerpt, unless the contracting party has already provided an anonymized copy of it. If the seller purposefully provides his contact details, Landbörse is not obliged to anonymize it. The contractual partner determines the minimum sales price when entering his offer.
5. The listing will go to the highest bidder at the end of the auction period. If two interested parties bid the same price, the bid will be accepted after receipt of the bid (the bid made earlier in the bid round is awarded the property). The hammer price corresponds to the second highest bid plus CHF 10,000.00 as a bidding step. If the highest bid is lower than the second highest bid plus CHF 10,000.00, the highest bid corresponds to the price. Every bid by a prospect is binding for this person.
6. If there is a surcharge, proceed as follows:
  1. The seller and the highest bidder each pay a supply commission of 1.5% on the minimum selling price (double brokerage).
  2. The seller and the highest bidder each pay Landbörse an additional commission of 1.5% on the difference between the knockdown price and the minimum selling price.
  3. Landbörse provides the seller with the information necessary to establish contact about the highest bidder and the highest bidder with the information necessary to establish contact with the seller and announces the knockdown price (see Clause 2.5).
7. During an ongoing auction, no information is given (especially contractual partners, number and amount of offers). Landbörse is not involved in the sales process following the auction. Landbörse announces only the mutual information necessary for establishing contact and the price.
8. Landbörse only checks whether the seller is authorised to sell the corresponding property and the buyer is authorised to submit a binding bid (by means of a land register extract and official identification) (so-called legitimation check).
9. By paying the allocation commission in accordance with Clause 2.6.1 the seller and the bidder agree on the handling of the auction. If there are concerns on the part of sellers or bidders before the payment is made to the Landbörse, they can be contacted immediately on +41 71 223 33 00.
10. Landbörse decides when to inform the prospective customers who have been unsuccessful at the auction. At the latest, the unsuccessful interested parties will be informed about their unsuccessful offer after the receipt of both allocation commissions, .
11. The seller allows Landbörse to advertise the offered properties appropriately. No separate consent is required for the application and in particular for putting up the billboards. The contractual partners allow Landbörse to use successful auctions anonymously and without mentioning the sales price achieved for advertising purposes.
Conclusion of contract
1. The use of the platform requires registration and is only allowed to people who are able to act.
2. The registration on the platform is an offer on the part of the contracting parties to conclude a platform usage contract. The contractual partner is obliged to fill in all information truthfully and correctly.
3. The contractual partner is responsible for all auctions and registration fees that result from this. If misuse occurs, the contractual partner is obliged to inform Landbörse immediately in order to prevent damage as far as possible.
Immediate contract termination
1. Landbörse has the right to dissolve any contractual relationship in the event of a breach of contract, unlawful or immoral behaviour by the contractual partner (including such use or use of the platform) immediately and without prior warning and to immediately cease its range of services to the contractual partner without any consequences of compensation.
2. A price paid in advance by the contractual partner for a certain term expires. Accordingly, the contractual partner has no right of recovery.
3. We expressly reserve the right to claim further damages from Landbörse.
Bypassing the Landbörse
1. The allocation commissions listed in Clause 2.6 are also owed if sellers and bidders brokered by the Landbörse conclude a purchase contract for the advertised property within a year at the latest (bypassing). A circumvention exists in particular if the highest bidder withdraws from the auction and he or parties connected with him or related parties subsequently acquire the auction property.
2. Landbörse does not accept any liability for damage that may result from circumvention of other contractual partners. In particular loss of income, financing costs or work expenses of any kind.
Payment periods and expiry
1. The payment period for the allocation commission in accordance with Clause 2.6 is seven days of the week.
2. If the seller does not meet this deadline, Landbörse has the right not to complete the auction and to inform the bidders about it. The provisions of Clause 5 continue to apply.
3. If the payment period for the allocation commission is not met by the highest bidder, the bid is no longer considered binding for the Landbörse, unless there is a different agreement. Landbörse can award the contract to the next highest bidder. The original highest bidder owes the Landbörse an expense fee of CHF 500.00. Landbörse expressly reserves the right to request further compensation from the original highest bidder.
4. If, during a successful auction, the seller has already paid the allocation commission in accordance with Clause 2.6 and the highest bidder fails to make this payment, he will receive his allocation commission already paid back, unless another prospective buyer (see Clause6.3) is placed.
Exclusion of warranty, guarantee and liability; Violation of warranties
1. The liability of Landbörse, its organs, employees and auxiliary persons towards the contractual partner is limited or excluded to the extent permitted by law. This applies in particular to slight negligence on the part of Landbörse, its organs, employees and auxiliary persons, in which case all liability of Landbörse, its organs, employees and auxiliary persons is excluded.
2. Neither Landbörse nor its organs, employees and auxiliary persons are liable to the contractual partner for indirect and indirect damage or loss (such as loss of profit), consequential damage (including consequential damage caused by a defect) or claims by third parties. In particular, Landbörse assumes no liability if a party withdraws before the purchase of the property is certified or if it is circumvented in accordance with Clause 5 or if an allocation commission acc. to Clause 2.6 does not appear.
3. Unless expressly regulated otherwise in the contract between the contractual partner and Landbörse, Landbörse does not assume any liability. In particular, Landbörse does not guarantee the accuracy of the information and documents provided by the provider about a property or the information about the contractual partners. Landbörse does not conduct a credit check on bidders.
4. Landbörse does not assume any liability for damage that the contracting parties may incur as a result of cyber attacks or other illegal processes, such as fraud.
Lex Koller
1. It is the responsibility of the contracting parties that according to the Federal Act on the Acquisition of Land by Persons Abroad (SR. 211.412.41) (hereinafter “BewG”) they are allowed to acquire a property offered on the platform (self-declaration).
2. If it turns out after the mutual disclosure of the data (see Clause 2.6) that the highest bidder is not permitted under BewG to acquire the relevant property, Landbörse will provide the seller with the information necessary to establish contact with the next highest bidder after the latter Has paid the commission (Clause 2.6). If this next highest bidder is also prohibited under the BewG from purchasing the corresponding property, the next highest bidder will be called on, etc.
3. The allocation commission already paid by the highest bidder or next highest bidder etc. will not be refunded to them.
4. If after the procedure according to Clause 8.2 no buyer is found, the seller will be reimbursed for the allocation commission that has already been paid.
Communication
1. Messages between the contractual partner and the Landbörse can be exchanged by
  letter, e-mail or by telephone (including video telephony and related electronic communication channels) to the last address known to the sender.
2. The sender bears the risk of reception.
3. The contractual partner acknowledges that e-mails received by Landbörse are deemed to have been written by the person who can be assigned to the e-mail address displayed, regardless of whether the e-mail was actually sent by this person or received by Landbörse unchanged is. When exchanging instructions and explanations by the contractual partner via email, Landbörse can assume that the acting person is authorised to submit such instructions and explanations.
4. Changes to the addresses must be communicated to the other party immediately to the last known address.
5. Landbörse has the right to record telephone conversations made with the contractual partner on sound carriers and to use them for training purposes, for customer care, for documenting the business relationship and as evidence. The contractual partner expressly agrees to this.
6. The contractual partner can publish his offer on other portals in addition to his listing on the Landbörse. There is no exclusive right between the Landbörse and the user.
Gross budget rule
1. The contractual partner is not entitled to offset his claims against Landbörse against claims of the Landbörse against him.
Assignment and transfer ban
1. The contractual partner may not transfer his claims or his obligations towards Landbörse or his entire legal relationship with Landbörse, in any way whatsoever, to third parties without the prior written consent of Landbörse. This does not apply to legally mandatory transfers such as those under property or inheritance law.
Data protection
1. Landbörse guarantees that all data are processed in compliance with Swiss data protection law. Only data that are necessary for invoicing and the execution of the orders are saved. Passing on to partners is only permitted within the scope of the order execution. Data will only be passed on to third parties if the contractual partner has given his express consent. The handling of data by Landbörse is regulated in the Landbörse data protection declaration.
2. Landbörse is entitled to publish the names and orders of its contractual partners in any form as part of a reference list, unless the contractual partner expressly objects to this. Landbörse can also use the data for internal advertising purposes.
3. In the case of defaulting contractual partners, Landbörse is no longer bound by data protection and can transfer data from contractual partners to third-party companies, e.g. pass it on to debt collection agencies or partner companies.
4. To ensure the security of the data, the transmission is encrypted using SSL (Secure Socket Layer). This means that the personal data when registering, the user name and password during the registration process, as well as the order and payment information, are transmitted in encrypted form on the Internet. The encryption can be recognised by the addition “https://” in the address line.
Changes, additions
1. Landbörse can change, supplement or replace this GDB in whole or in part at any time and without prior notice. The modified, supplemented or revised GDB are in turn published on the platform. The contractual partners will also be informed by Landbörse in a suitable form about the changed GDB. If the contractual partner does not object to the change within 14 days of being informed, the acceptance of the new GDB is accepted.
2. Changes and additions to written contracts between a contractual partner and the Landbörse (outside the GDB) must be in writing and mutually signed to be valid. This applies equally to a waiver of the written form requirement and mutual signing.
Severability clause
1. If a provision of this GDB or a contract concluded between the contractual partner and the Landbörse is or becomes ineffective or unenforceable, the remaining provisions remain unaffected. In this case, the contractual partner and the Landbörse undertake to formulate a provision as a replacement for the ineffective provision that comes economically as close as possible to what was intended with the ineffective provision.
2. Any gaps must be filled analogously.
Applicable Law and Jurisdiction
1. Swiss law applies exclusively to the contractual relationship between the contractual partners and the Landbörse, with the exclusion of conflict of laws (such as Swiss international private law) and international law (in particular applicable international treaties).
2. The exclusive place of jurisdiction for all disputes arising from or in connection with the relationship between the contractual partner and Landbörse is the registered office of Landbörse. Landbörse is, however, entitled to pursue the contractual partner with the authorities and courts at his registered office / place of residence.
3. For contractual partners domiciled or domiciled or habitually resident outside of Switzerland, the seat of Landbörse is a special domicile within the meaning of Art. 50 (2) SchKG (Swiss Federal Law on Debt Collection and Bankruptcy).

Niederteufen, 10th January 2020