1 – Introduction
1.1 – Scope and validity of the general terms and conditions – the present General Terms and Conditions (GTC) of Easy Axes LTD, Easy Axes LTD c / o Mazolo & Cie SàRL, Rue de Lausanne 45A-47A, 1201 Geneva, contact @ easyaxes .com), as well as the external provisions declared as binding by these general conditions, regulate the rights and obligations related to the use of the site Unicosy.ch and Unicosy.com (hereinafter “the platform”). The member accepts these CG each time he identifies himself on the platform. Easy Axes LTD reserves the right to modify these GTCs at any time and to publish the latest version on the platform.
1.2 – Platform – Easy Axes LTD makes his platform www.unicosy.ch available to registered members as a platform intended for the connection between the individual in terms of lease repossession through auctions. The members of the platform can offer housing and apply for housing, independently, on the basis of their own responsibility. These offers and postulations do not constitute a contract in the strict sense of the term. The contract is formally concluded by the signing of a contract with the estate agent or an official representative of the owner of the housing offered.
1.3 – Legal status of Easy Axes LTD – Easy Axes LTD is not party to the contracts concluded between the members on its platform and outside of it. Easy Axes LTD does not guarantee the contractual relations created between the members. Its representatives, associates and assistants are in no way responsible for the risks associated with the negotiation and conclusion of any business, nor for any resulting damages. Easy Axes LTD is not required to control the behaviour of its members in connection with the use of the platform. Easy Axes LTD is authorized, but not obliged, to control in one way or another the offers, texts, and illustrations published by its members or by its traders on its platform as to their legality or admissibility in any way is. Easy Axes LTD assumes no responsibility for compliance with the principle of good faith between members, and in particular assumes no responsibility for the respect of contractual obligations between members. Easy Axes LTD is paid at the time of acceptance of the applicant’s file with the estate agent or the official representative of the owner of the outgoing tenant’s home.
1.4 – No right of use – There is no right to registration, membership, use of the platform or claim for the services of Easy Axes LTD. Easy Axes LTD may at any time refuse a registration, exclude a member, prohibit a use or delete a service.
2 – Definitions and limits
2.1 – Status of Member – A person becomes a member of the platform with his registration, that is to say with the indication of the personal data required and acceptance of these GTC. Membership status is personal and non-transferable. Only legal and natural persons having the exercise of civil rights without restriction can join the platform. People under the age of 18 cannot join the platform. Representation is allowed on the platform.
2.2 – Offer – The platform makes it possible to make offers by means of an auction, or by a direct purchase at a fixed price.
2.2.1 – Auctions – When the auction time has elapsed, the three highest bids are accepted, subject to point
2.2.2, and the goods will no longer be available on the platform. If three direct purchase offers have been made, the auctions will end and none of the offers submitted by this means will be accepted.
2.2.2 – Direct Purchase – The fixed price purchase allows the user to have a guaranteed place among the three selected offers. This feature cannot be used after 3 users have made a direct purchase offer.
2.2.3 – Prohibition of Multiple Offers – Members are prohibited from bidding on a single product using different usernames. It is forbidden to place offers through automatic data processing processes.
2.3 – Personal data – The data to be indicated during registration must imperatively and at all times be complete, correct and precise. Any changes must be indicated immediately so that the information is always complete and correct. In addition, personal data are processed on the basis of the GDPR and are the subject of the prerogatives annexed to this document.
2.4 – Termination of Membership – For factual reasons, including non-compliance with the GTC, Easy Axes LTD is entitled to terminate the membership of a member unilaterally, to prohibit the use or to remove a service, without the member in question making any claim to Easy Axes LTD. The fact that the member has auctions in progress does not preclude such a measure.
Excluded members are not permitted to re-register as members on unicosy.ch or unicosy.com, whether under their own name or otherwise, without the prior consent of Easy Axes LTD.
3 – Obligations of members in general
3.1 – Secret character of the access data – The member is at all times obliged to keep his personal password secret.
3.2 – Use of the platform – The member must make normal use of the platform. The use of mechanisms, software or other systems that could interfere with the proper functioning of the platform is prohibited. Measures that could result in an intolerable or excessive load on the platform infrastructure or Easy Axes LTD are prohibited. Easy Axes LTD reserves the right to take legal action in case of misuse of the platform.
3.3 – No advertising – The data published by the member on the platform must in no way include advertising for products of a different nature than the one for which the platform is intended, nor for housing that the member himself offers. not currently or will not offer very soon for sale on the platform.
3.4 – Use of contents – Information about a member, or other information visible in any part of an offer on the platform, can only be used in relation to the corresponding offer. The use of this information especially for advertising purposes is prohibited. It is forbidden to transmit this information to third parties. The texts and illustrations that a member publishes on the platform must not be used to conclude contracts outside the platform, or to induce directly or indirectly to do so.
4 – Obligations of the bidders
4.1 – Nature of the nominated property – It is forbidden to propose goods whose status, offer, sale, purchase, delivery, or use violates legal prescriptions or contravenes good morals.
4.2 – Truthful and complete information on the nominated property – The bidder is required to provide truthful, non-misleading and non-disloyal information about the property it proposes. He will take care in particular to indicate any defect.
4.3 – Binding nature of the offer – As long as no offer has been made to the bidder for his property, he is entitled to delete and withdraw his own offer at any time. As soon as an offer has been made in relation to its offer, the offeror is bound.
4.4 – Discharge – If other members, users or third parties sue Easy Axes LTD for infringement of their rights by offers or content published by a member or because of other use of the platform by a member or a user, that member or user releases Easy Axes LTD in respect of all such claims and bears the costs of the defence of Easy Axes LTD, including court fees and legal fees.
4.5 – Conclusion of the contract – At the end of the offer period, a mandate contract is automatically concluded between the offeror and each of the applicants to whom the product has been awarded. The mandatary undertakes to remit to the estate agency the three selected files.
5 – Obligations of applicants
5.1 – Binding nature of the auction – By making a bid, the applicant undertakes to accept the offer on the terms and conditions defined by the bidder or individually agreed with him. The applicant is bound by his offer as long as no one has outbid. It is not possible to modify or withdraw an auction, subject to the clear modification of the publication.
6 – Legal precisions
6.1 – Nullity of GC clauses – If certain provisions of these GCs were to be totally or partially null and / or inapplicable, the validity and / or the application of the other provisions or a part of them is not affected. Inapplicable and / or invalid provisions will then be replaced by provisions