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General Terms and Conditions for Using Boss Truck Website:

These General Terms and Conditions shall become effective By clicking Yes, I hereby consent to the General Terms and Conditions of Boss Truck you agree to these General Terms and Conditions for Using Boss Truck Website as valid.

Section 1 - Services

Boss Truck is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party. Agreements that were initiated as a consequence of an advertisement being placed on Boss Truck shall be concluded and implemented without Boss Truck participating.

Section 2 - Keyword spamming Content Policy & Spam Removal Guidelines

1. Text that sellers place in listings must be directly relevant to the item being sold.

2. Brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting viewer to a listing. Keyword spamming in Listings is not permitted on Boss Truck.

3. Violations may result in Listing cancellation or Account suspension.

4. When violations occur, Boss Truck emails the seller that a listing has been cancelled.

5. Web pages making use of spamming techniques may not be submitted. Such images or pages will be removed.

Section 3 - Databases

1. Boss Truck operates databases accessible via the Internet in which, entities and individual persons (seller) enter into legal transactions to advertise Automotive and commercial vehicle and services for sale against payment of a fee (advertisement function)

2. Boss Truck promotes the advertisements placed by the seller in various ways, in particular by including them in other websites and promoting advertisements by Indicating them in e-mails. The seller herewith consents to having its advertisements translated for this purpose for foreign websites.

3. The present General Terms and Conditions for Use apply exclusively to the relationship between Boss Truck and the seller using the Boss Truck databases.

4. Boss Truck shall merely provide the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any influencing the contents of advertisements. In particular, Boss Truck is not itself the party offering the advertised  for sale.

Section 4 - Scopes of Services

1. Under the present Terms and Conditions, Boss Truck is under the obligation of providing an input mask for advertisements, of activating the advertisements Placed via the input mask, and of ensuring that the advertisements in the Boss Truck databases can be retrieved via the Internet for the period of time agreed upon with the participant.

2. The Seller is entitled to use the Boss Truck website and its functions only within the scope of the current state of technology.

3. Boss Truck reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work).

4. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures). 

Section 5 - Placement of Advertisements against Payment of a Fee

1. The Seller may place a limited number of advertisements in the Boss Truck databases. In so doing, the Seller is to disclose its commercial status by confirming the corresponding function in the input mask

2. Placing advertisements in the Boss Truck databases as well as extending their publication period subject to payment of a fee. Advertisements may be placed and extended for a period of 30 Days the publication period of an advertisement may be extended as often as the participant wishes extending their publication period subject to payment of a fee.

3. In calculating the advertisement period, the day on which the advertisement is placed or extended shall not be included. The 30 day period shall commence at midnight on the day following the day the advertisement was placed or extended, and shall end upon expiry of the last day of the 30 day period. Upon expiry of said period, the advertisements will automatically be deleted from the database of Boss Truck.

4. Permitted modifications to an advertisement are free of charge and can be performed online with the Login allocated to the advertisement ("modify advertisement").

5. An advertisement may be deleted by the seller at any time. Should an advertisement be deleted by the seller no reimbursement of the advertisement price already paid shall be made.

Section 6 - Due Dates of the Advertisement Payment

1. By transferring the contents intended for placement in the databases and concurrently transferring the seller’s data, the seller extends an offer to conclude a usage agreement and expressly declares its consent to the immediate performance of the corresponding services by Boss Truck.

2. Seller's offer shall be accepted by Boss Truck by activating the respective advertisement.

3. The seller is under the obligation of providing complete and correct information.

4. Payment for an advertisement can be made by credit card, direct debit or PayPal. The remuneration for the inclusion of advertisements in the databases shall be due in advance, that is, before the advertisement is included in the database. In this context, it shall suffice to grant, in due time, debit rights by providing credit card details or by allowing direct debit in due time.

5. Should the collection of payment fail, the participant is to reimburse Boss Truck for the additional costs incurred, unless it is not responsible for such failure. 

Section 7 - Deletions of Advertisements, Blocking

1. Boss Truck may take the following measures if there is sufficient indication that a Seller has violated statutory provisions, the rights of third parties or the present General Terms and Conditions for Using Boss Truck has any other legitimate interest (in particular in case of default in payment):

• Delete advertisements or other contents placed with Boss Truck
• Issue warnings to Seller
• Limit or restrict the use of the Boss Truck website
• Block Seller for a limited period of time
• Suspend Seller

In selecting the measure, Boss Truck shall take into consideration the legitimate interests of the affected Seller, in particular whether there are indications that the Seller is not responsible for the violation.

2. Boss Truck may delete advertisements if, in terms of their content or layout, the advertisements violate the present General Terms and Conditions Should Boss Truck have deleted an advertisement, the Seller shall nonetheless be under obligation to pay the price for the advertisement.

Boss Truck may suspend a Seller from using the Boss Truck website, if the latter has repeatedly violated the present General Terms and Conditions in particularly grave instances, or if another important cause is given. 

Section 8 - Price Modifications/ Changes

Price modifications shall be announced by modifying the price list retrievable via the Internet, stating the date of modification. The new advertisement price and the amended General Terms and Conditions for Using Boss Truck shall be apply for the advertisements placed in the database and extended as per the date of amendment or modification.

Boss Truck reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. Advanced payments paid for in full subscription services will not be affected by pricing changes until the expiry of such subscription period.

During the 30 days notice period, existing customers have the ability and right to unsubscribe to services before the new pricing is set.

Section 9 - Contents and Layout of Advertisements

• The Seller shall be under obligation of placing an advertisement only in the category section provided for that type.
• Sale of Trucks and Trailers.
• The sale or promotion of software.
• The promotion of services.

1. The Sellers are under the obligation of providing complete and correct information with regard to the content of the advertisement.

2. Information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered.

3. During the term of the advertisement, the Seller must be able to promptly conclude a legally effective sale agreement.

4. The advertisements may be illustrated with photographs. The Seller undertakes to place only such photographs in the Boss Truck databases which are authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the Goods or Service offered in the advertisement. If the Seller uses pictures from a catalogue, such use must be separately indicated.

5. It is generally not permitted to include links to external websites or other external sources of information in an advertisement.

6. Items must be listed in the appropriate category. 

Section 10 - Responsibilities for the Contents of Advertisements

1. Solely the Seller shall be responsible for the contents of the advertisements.
Boss Truck shall review the advertisements neither for correctness nor completeness. Boss Truck will not enter into any warranty for the correctness and completeness of advertisements.

2. Boss Truck excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.

3. Boss Truck in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of Boss Truck advertisements are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.

Section 11 - Indemnifications

The Seller shall release Boss Truck from any and all claims asserted by third parties against Boss Truck because their rights are being violated by the Sellers advertisement or by any other use of the Boss Truck website by the Seller In so doing, the Seller shall also assume the necessary costs incurred by defending the rights of Boss Truck including any and all legal and court fees. This shall not apply if and to the extent the Seller is not responsible for the violation of rights.

Section 12 - Database Updates, Deletion of Advertisements

In order to make search as interesting and successful as possible, Boss Truck takes all efforts to update its databases. This is why advertisements are to be deleted by Seller’s as soon as the offer has been sold or is no longer available for other reasons. 

Section 13 - Copyright and Usage Rights

Any and all data, information, company logos, texts, programs and images of advertisements placed on the Boss Truck website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The Seller’s rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.

Section 14 - Warranties

Sellers who offer items on Boss Truck who offer a written warranty must in their item descriptions provide the full text of the written warranty

Violations of this policy may result

• Listing cancellation
• Account suspension 

Section 15 - Item Location Misrepresentation Policy

Sellers must accurately represent the location from which their item will be shipped in the item location field. False, inaccurate or misleading information about the shipping location of an item is not allowed on Boss Truck Violations of this policy may result in listing cancellation.

Section 16 - Service Levels and Access

We will use our best endeavours to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We cannot accept liability for any cases of its unavailability. We reserve the right to refuse any order placed by you.

Section 17 – Notices

Notices shall be in the form of emails. 

Section 18 - Termination

Termination for cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events.

1. If the other ceases to do business, or otherwise terminates its business operations.

2. If the seller fails to promptly renew any Subscription registration, permit.

3. Bad conduct of its business in the manner contemplated by this Agreement.

4. Breaches any material provision of this Agreement and fails to fully cure such breach within thirty days Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

Section 19 - Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned.

Section 20 - Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Section 21 - Governing Law

This Agreement shall be governed in the case where the issues are not otherwise made clear by this Agreement, the substantive law of Switzerland shall prevail.

Both Parties agree that this Agreement shall be subject to updates or amendments of the Applicable Law from time to time.

Section 22 – Privacy

Boss Truck collects and retains all personal information about you that is in relation to your use of this service. This includes but not limited to Your Name, Contact Details and Billing Details. You authorize us to use this data for marketing purposes for any other Boss Truck or associated service.

Boss Truck does not sell or provide to 3rd parties any personal information collected as part of your use of this service.

By accepting these terms and conditions, you agree to the use of your personal information as outlined above.

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