Terms and Conditions

• Direct purchase (fixed price) — the item has a fixed price; handover by shipping or pickup.
• Auction — bids with knock-down to the highest bid; bids shortly before the end may extend the closing time.
• Booking — accommodation, courses and appointment-based services; request and confirmation, priced e.g. per night or per appointment.
• Renting — includes renting and letting; per hour, day, week or month.
• Services and jobs — offers on request/quotation as well as job listings; no fixed purchase price, contact runs through the chat.
• Real estate — flats, houses and commercial space for sale or rent; contact runs through the chat.
• Giveaway — handing something over free of charge without a price, for pickup only; here the parties may exchange contact details.

Listing a product in auction format constitutes a binding offer to conclude a contract with the highest bidder at the end of the auction. As long as no bid has been placed, the seller may withdraw the listing; once a valid bid exists, the seller is bound by their offer.

By placing a bid, the bidder bindingly declares that they will acquire the product on the terms stated in the listing if they are the highest bidder at the end of the auction. The bidder is bound by their bid as long as they are not outbid; amending or withdrawing a bid is excluded. After the first bid, the title, category, condition, starting price, bid increment and end date can no longer be changed; the description can no longer be overwritten — the seller can only append an update marked with the date and time, or add further images. All bidders are notified of every such update. If an update or an added image means the product no longer appears as valuable, any bidder still bound by their bid may ask Fundort to be released from it. Independently of this, a bid may be cancelled by agreement with the seller: the bidder submits the request, the seller decides on it, and Fundort carries out the cancellation. Without the seller’s consent the bid stands.

If a bid is placed towards the end of the auction period, the auction is automatically extended by the additional bidding time stated in the listing (soft close), starting from the last bid. Auctions materially affected by technical faults of the Platform may be reasonably extended or cancelled by Fundort; no claims against Fundort arise from this.

Placing bids by automated processes and manipulating prices across multiple accounts or in collusion with third parties are prohibited.

The content of the contract is determined by the listing description at the time the contract is concluded and by any arrangements between the parties. The listing description is deemed a warranty of the described characteristics. The seller is obliged to procure for the buyer, against payment of the purchase price, unencumbered ownership free of third-party rights; exclusions of liability in this respect are inadmissible. Passing Fundort fees on to the buyer is inadmissible; the purchase price is inclusive of any value-added tax.

Unless the parties agree otherwise, warranty for defects is governed by Art. 197 et seq. CO. Commercial sellers may not shorten the warranty period vis-à-vis consumers (Art. 210 para. 4 CO). Risk passes to the buyer upon handover or, where the goods are shipped, upon handing them over to the carrier.

Users are advised that Swiss law provides no general statutory right of withdrawal for online purchases; a right of return exists only if the seller expressly grants it. If several units of the same listing are purchased, a return is only possible for the entire purchase; the return or refund of individual units is excluded. If a party fails to render its due performance despite a reminder and the setting of a grace period, the other party may withdraw from the contract in accordance with Art. 107–109 CO and reclaim performance already rendered.

The parties may dissolve a concluded contract at any time by mutual agreement. Fundort provides a procedure for this as long as the handover has not been confirmed: one party proposes the dissolution and states a reason, the other decides on it. Without that consent the contract remains in force; neither side can withdraw unilaterally. If the dissolution is accepted, the transaction is cancelled, the sales commission refunded and the listing released again; neither party receives a negative review or a mark as a result. If it is declined, the same party may not submit a second proposal for that transaction; the other party remains free to make one of its own. Once one party has confirmed the handover, the procedure is no longer available; any later dissolution is settled between the parties themselves. If the purchase price is already held in escrow (§ 7), this procedure is likewise not available; the reversal is then governed by the buyer protection provisions.

A bid and a purchase are binding (§ 5a). The contract is concluded directly between buyer and seller; Fundort is not a party to it.

• Report. If the buyer does not show up for the agreed handover, the seller may report this from the agreed date onwards. The transaction is cancelled as a result.
• Fees. If no deal comes about, the fees incurred by the seller for that transaction are refunded.
• Rating. The buyer automatically receives a negative rating for the reported transaction.
• Block on repetition. Repeated no-shows lead to the account being blocked. An appeal under § 11a remains available.
• Non-payment on shipping purchases. With shipping, dispatch only takes place after payment has been received. If payment is not made within the payment deadline, the transaction is cancelled automatically and the listing is released again. The consequences are the same as for a no-show.

Civil law claims of the seller against the buyer, in particular for performance or damages, remain unaffected by these measures and must be pursued by the seller.

• sales commission on successful sales — a single percentage rate with a minimum and a cap, regardless of the handover type, owed by the seller. The commission is additionally limited to a share of the proceeds achieved and can therefore never reach or exceed them; the applicable share is set out in the fee overview. For shipping, buyer protection and the secured payment are included; no commission is charged on shipping costs. Buyers pay no platform fee;
• one-off identity-verification fee (required for sellers who ship and for payouts — not required in order to buy);
• booking commission or subscription for commercial hosts;
• brokerage fee for rental arrangements;
• company-branding subscription for verified business accounts (company name/logo on listings, term is invoiced);
• profile-links subscription for private accounts (website and social-media links on the profile, term is invoiced);
• optional visibility options (boost).

Fees arise with the respective transaction. They are not collected in advance: the service is rendered immediately, and the fees incurred are invoiced periodically and payable within the period stated on the invoice (§ 6a). If the User is in default of payment, Fundort may charge staggered reminder fees (payment reminder free of charge, 2nd reminder CHF 20.00, 3rd reminder CHF 30.00), restrict functions and refer outstanding claims for collection. Where a deal does not materialise, the sales commission is cancelled or refunded — in particular where the buyer fails to appear at the agreed handover, the purchase is cancelled before handover or dissolved by mutual agreement, or the seller receives no payment despite proper cooperation. No refund is made where a claim is decided in the buyer's favour and the reason for the reversal lies within the seller's responsibility (Sec. 7); in that case the buyer receives the full purchase price back. Any further refund requests must be submitted within 30 days of the conclusion of the contract. For pickup, the handover appointment must be arranged within fourteen days of the purchase; rescheduling is only possible within that period. Afterwards the transaction is closed automatically: if at least one party has confirmed the handover, the deal counts as concluded and the sales commission is owed; if neither party has confirmed, the transaction is cancelled without a commission. The brokerage fee for rental and booking arrangements is owed by the offering User (landlord or host) upon confirmation of the request. It is deemed earned once the contact details are released to the parties, as the brokerage service has thereby been rendered. A refund is made only if the request is cancelled or declined before the contact details are released, irrespective of which party cancels. Once the contact details have been released there is no claim to a refund, including where the rental or booking is subsequently cancelled or the guest fails to show up (no-show).

If Fundort qualifies as a supplier for sales via the Platform within the meaning of Art. 20a VAT Act (platform taxation), Fundort is entitled to charge the corresponding value-added tax to the seller. Sellers are obliged to provide Fundort with the information required for taxation (in particular regarding VAT liability and VAT number) completely and truthfully and to notify any changes without delay.

Fundort invoices are payable within the period stated on the invoice; unless stated otherwise this is 10 days from the invoice date. The invoice states a due date. Once it passes, the user is in default without any further reminder (Art. 102 para. 2 CO).

From the due date, default interest of 5% per year is owed (Art. 104 para. 1 CO). It accrues regardless of whether a reminder has been sent.

Fundort generally sends up to three reminders. The first stage is a free payment reminder; a reminder fee under § 6 may be charged for the second and any further reminder.

If payment is still not made after the final reminder, Fundort may restrict the account's functions or block the account (§ 11), pass the claim to a debt collection service provider, or initiate debt enforcement proceedings. The costs of any debt collection service provider engaged are borne by Fundort and are not charged to the user. Debt enforcement costs are governed by the DEBA.

An account block due to payment default affects only access to ongoing transactions; the user's data and services already paid for remain intact. The block is lifted as soon as no overdue claim is outstanding — automatically upon receipt of payment.

If payment by instalments is agreed or an invoice is disputed, Fundort suspends the reminder process while the matter is being clarified.

Commercial real-estate providers may transmit their portfolio to Fundort automatically instead of entering each object by hand. Fundort uses the Swiss industry standard SwissRETS for this. Access is not a self-service offering: it requires a verified business account and prior approval by Fundort, and it may be restricted or withdrawn at any time.

For every object transmitted, the provider warrants that it is entitled to market that object, that the details are accurate and that it holds the rights to the images, texts and linked content (floor plans, tours, videos, websites) supplied. Imported listings are subject to the same rules as manually created ones, in particular § 9 and § 10a; they undergo the same review and may likewise be rejected, held for review or removed.

An object is published for as long as the feed lists it as available. If the provider removes it or marks it as reserved or taken, publication ends. Publication also ends if the feed stops confirming the object beyond an agreed grace period; this protects both sides from listings continuing without a basis.

The fee for an imported listing is based on the actual publication period and is invoiced in arrears, using the same tiers as a manually created real-estate listing; the fee overview is authoritative. Part months count as full months. If an object remains published for longer than the longest tier, an interim invoice is issued and the tiers start again. The provider controls the cost by removing objects that are no longer needed from the feed.

Fundort may limit the number of objects accepted per retrieval.

Shipping outside Fundort — no buyer protection. Shipping with buyer protection is offered only within the price range shown; outside that range only pickup is available. The parties remain free to agree bilaterally on shipping nonetheless. Any such shipment takes place outside the payment processed via Fundort and without escrow. Buyer protection does not apply to it. In the event of non-delivery, damage or goods not in conformity with the contract, there is neither a claim to a refund via Fundort nor any complaint or dispute-resolution procedure on the platform; claims must be asserted between the parties alone. The shipment is at the parties’ own risk; Fundort accepts no liability whatsoever for it.

1. Content that is not legally permitted. The following are prohibited in particular:

• unlawful, misleading or rights-infringing listings;
• trading in prohibited goods or goods subject to authorisation, in particular weapons, explosives, fireworks and other hazardous substances, narcotics, prescription medicines, anabolic steroids and doping agents, as well as protected animal species and products derived from them;
• Radar detectors and laser jammers — selling, owning and fitting them is a criminal offence in Switzerland (Art. 57^b SVG)
• Devices and services for tampering with the odometer reading
• Emissions tampering — AdBlue emulators, particulate filter removal and engine software without type approval
• official identity papers and documents (passports, identity cards, driving licences) as well as diplomas and certificates — including genuine ones;
• counterfeits and plagiarised goods; pirated media, cracked software, resold or shared streaming subscriptions, and stolen credentials or data sets;
• placing contact details (phone, email, links) in free-text fields, titles or images in order to carry out the transaction outside the Platform;
• spam, including identical listings posted repeatedly;
• manipulation of bids or reviews, and multiple accounts for deception;
• harassment of or improper conduct towards other Users;
• automated extraction of Platform data (scraping), the use of bots, and circumventing technical protection measures.

2. Content not wanted on Fundort. Fundort is a marketplace for goods, services, jobs and real estate. The following content is not generally unlawful, but is not permitted on Fundort; Fundort decides on this as the operator of the Platform:

• political content — politicians, parties, election campaigning, political slogans, symbols and propaganda;
• proselytising or ideological propaganda; the mere sale of religious objects and books remains permitted;
• erotic and sexual content, including worn underwear and used hygiene or fetish items;
• private photographs of people in which a person is the main subject (portraits, selfies, family photos); product photos in which someone wears or demonstrates the item offered remain permitted;
• references to other marketplaces, classifieds sites or auction platforms — including merely mentioning them or comparing prices with them;
• pure advertising for third-party websites or products without our consent;
• MLM, multi-level distribution and direct marketing, work-from-home offers, loans and financial services without a licence, weight-loss offers, esoteric services such as clairvoyance or fortune-telling, gambling, betting and lottery tickets, tobacco products, e-cigarettes and alcohol, and the resale of tickets above face value;
• prices that clearly do not correspond to the offer (fantasy prices).

3. Review and consequences. Listings and messages are checked automatically and by hand on a sample basis. Listings involving live animals or animal products are always checked by hand before publication. Fundort may reject content, hold it for review, block it or delete it; blocking of the account under § 11 remains reserved. Where content is rejected, the reason is stated. Fundort may adapt the list under section 2; the version in force is published in these Terms.

Reviews must be factual and truthful. Only the two parties to a completed transaction may review each other, and only within the review period.

Reviews are submitted blind. A submitted review is initially not visible to anyone — not even to the person reviewed. It is published as soon as the other party has also reviewed the same transaction; in that case both reviews are published at the same time. If the other party does not review, the submitted review is published 14 days after it was submitted. Publication ends the opportunity to review that transaction; a subsequent review by the other party is excluded.

The purpose of this procedure is to prevent counter-reviews given in retaliation for a review received. Anyone submitting a review should be able to do so unaffected by what the other party writes about them.

Anyone who has received a review may reply to it publicly; the reply appears with the review. Reviews that breach these terms, in particular untrue, unobjective or unlawful reviews, can be reported. Fundort examines the report and may remove the review. Automatically created reviews following a reported no-show are governed by § 5c.

The platform chat serves exclusively to clarify questions about a listing and must not be misused to circumvent fees or to exchange contact details. We may moderate or remove content that breaches these terms or applicable laws and regulations. Messages are transmitted and stored encrypted; there is no end-to-end encryption. Fundort may inspect chat content to safeguard security, to prevent misuse and to comply with legal obligations.

If an account is blocked, Fundort informs the user of the reason for the block — in the block notification and when the user attempts to log in. The user may appeal against the block.

• Access without logging in. The appeal is submitted via a personal link contained in the block notification and shown again when the user attempts to log in. Logging into the blocked account is not required. The link is valid for 60 days from dispatch.
• Confirmation of receipt and deadline. Fundort confirms receipt of the appeal and decides within 7 days of receipt. Follow-up questions to the user do not extend this deadline.
• Reasons. The decision is reasoned and communicated to the user in text form.
• No suspensive effect. The block remains in place until the decision. If the appeal is upheld, the account is unblocked without delay.
• One appeal per block. An appeal may be filed once against the same block. A rejected or withdrawn appeal concludes the procedure; a later new block constitutes a new case.
• Evidence. Up to three files may be attached to the appeal as evidence. They are used solely to process the appeal and are not published.
• Exception. If the block is based solely on outstanding fees, no appeal procedure takes place; the block is lifted automatically upon payment in full.

Fundort is not obliged to process appeals that are manifestly abusive. The user’s statutory rights and recourse to the courts remain unaffected by this procedure.

Fundort informs its Users by e-mail about its own offers, promotions, news, tips and selected content (the “newsletter”). Receiving the newsletter requires separate consent, which is given during registration and can be withdrawn at any time.

This does not affect functional e-mails (e.g. regarding purchases, bids, security or account) that are necessary to perform the contract and are sent regardless of the newsletter consent.

Fundort sends newsletters in its own name and does not pass on e-mail addresses to third parties. Every newsletter correctly identifies Fundort as the sender and contains a free and easy option to unsubscribe (Art. 3 para. 1 lit. o UCA). Data processing is governed by our Privacy Policy.