Terms & Conditions
- 1.1 Pure Marketplace: Asset.ch (the "Operator") provides a digital advertising infrastructure for luxury assets. The Operator acts exclusively as a facilitator (Mäkler) pursuant to Art. 412 et seq. of the Swiss Code of Obligations (OR).
- 1.2 No Participation: Any purchase agreement is concluded solely between Buyer and Seller. The Operator is not a party, representative, or fiduciary to any transaction.
- 1.3 Discretionary Access: Registration is a privilege. We reserve the right to deny or revoke access at any time without justification or compensation.
- 2.1 No Verification: The Operator does not physically inspect or certify assets. Liability for counterfeits, legal defects, or misrepresentations is strictly excluded.
- 2.2 User Risk: The Buyer is solely responsible for performing professional due diligence. Any use of the platform is "as-is".
- 3.1 Statutory Exclusion: To the fullest extent permitted by Art. 100 OR, liability for slight and medium negligence is excluded.
- 3.2 Liability Cap: In any event of proven negligence, the Operator’s total cumulative liability is strictly capped at CHF 5,000.
- 3.3 Auxiliary Persons: Liability for third-party providers (Hosting, IT) is excluded (Art. 101 OR).
- 4.1 Entitlement: A success-based fee of 1.5% of the gross transaction value (plus applicable VAT) is earned by Asset.ch upon the conclusion of a transaction between parties introduced via the platform.
- 4.2 Payment Terms: The commission is due and payable within 14 days of the transaction closing. The User is obligated to notify Asset.ch of the successful closing within 48 hours.
- 4.3 Contractual Penalty: Any attempt to bypass the platform (Direct Deals) to avoid the commission triggers a mandatory penalty of CHF 25,000 or the full commission, whichever is higher.
- 5.1 Hold Harmless: The User agrees to indemnify and hold the Operator harmless from any third-party claims, lawsuits, or legal fees arising from the User's listings or conduct.
- 6.1 Swiss Law: These terms are governed by Swiss Substantive Law.
- 6.2 Venue: The exclusive place of jurisdiction is Zurich, Switzerland.