2.1. Customer Base
Both legal entities and natural persons domiciled or resident in Switzerland or abroad can register as Sellers.
Legal entities must register as Commerical Sellers. Classic Driver may authorise exceptions, upon request.
Natural persons will be registered as Private Sellers if they are not engaged in commercial trading. Natural persons who are engaged in commercial trading must register as Commerical Sellers. Commercial trade is defined as any sale by a Seller who is legally obliged to pay VAT.
Minors and persons who are not able to act on their own behalf are excluded from using the Platform.
There is no entitlement to register on the Platform, become a member, use the Platform or receive a service. Classic Driver is entitled to refuse registration, exclude a Customer or prohibit use of the Platform.
2.2. Concluding the Contract
The contract between Classic Driver and the Seller regarding use of the Platform will be concluded as soon as (i) the Seller has sent a signed application to Classic Driver to set up a contract or has filled in an electronic registration form, if Classic Driver offers this option on the Platform, and (ii) Classic Driver has accepted this application by granting access to the Platform.
2.3. Creating a Customer profile and Customer account
2.3.1. Seller Profile
The Seller is required to provide truthful information when creating the Seller profile and to update it whenever there are changes to the information.
2.3.2. Seller Area
The Platform provides access to a restricted Seller area for Sellers. The Seller area can only be accessed by authentication of Access Details. Special functions are available in the Seller area to help create and manage Listings. The Seller will receive a password and a user ID (the “Access Details”) for accessing the Seller area and for setting, changing or deleting Listings.
Seller accounts belonging to Private Sellers are not transferable. Seller accounts belonging to commercial sellers may be used by multiple employees. The Access Details for all accounts must be kept secret. If the Access Details are disclosed to third parties, the Seller must change the password immediately or inform Classic Driver. When the Seller’s Access Details have been used, Classic Driver shall be entitled to assume that the Seller has logged in himself. The Seller shall, therefore, be fully responsible to Classic Driver for the use of their subscriber account by third parties.
2.3.3. Member Account
Classic Driver’s (or hired third party) support staff may access your account in order to maintain or improve service including to provide assistance with technical or billing issues.
2.4. Illegal activity
Activities on the part of the Customer, such as using software, scripts, or other mechanisms that could interfere with or overload the proper operation of the Platform, are prohibited.
The use of robots, crawlers, etc. to copy the contents of the Platform is prohibited. Classic Driver has the right to request that any Customer involved in this type of activity deletes any data obtained in this way. Classic Driver reserves the right to claim damages.
2.5. Termination of the contractual relationship
2.5.1 Private Listings
Private Listings will be booked for a specific period of time. When that time has expired, we reserve the right to take the relevant Listing offline or disable functionality or reduce services to Customers on the Platform related to the Listing.
2.5.2 Automatic renewal of seller packages
Seller packages will be automatically renewed for the same length of time as previously, unless notice is given in writing or by email to cancel the contract at least ten days before the end of a contract period or unless another Service Package has been booked.
2.5.3 Deletion of the Customer account by the Customer
Private Listings will be booked for a specific period of time. When that time has expired, we reserve the right to take the relevant Listing offline or disable functionality or reduce services to Customers on the Platform related to the Listing.The Customer may delete their account at any time, provided that (i) their account has a positive balance and no money is owed to Classic Driver, (ii) the Customer does not currently have any Products listed on Classic Driver’s Platform and (iii) the Customer is not involved in an open auction as a bidder. Deletion of a seller account will not automatically be considered termination of the contract with Classic Driver.
2.5.4 Termination by Classic Driver
Classic Driver may terminate the contract for good cause at any time without notice. In particular, good cause shall include a breach by the Customer of these T&Cs, infringement of the rights of other Classic Driver Customers, activities on the part of the Customer that damage Classic Driver’s image, or a change in the legal or technical standards on the Internet which make it unreasonable for Classic Driver to continue to provide its services, either in whole or in part.
The Customer may not make any claims against Classic Driver in connection with termination without notice by Classic Driver; fees for posting Listings will remain due in full and will not be refundable.
Following termination without notice, the Customer may not re-register on the Platform without Classic Driver’s prior written consent. If he does so anyway, he will owe Classic Driver a contractual penalty of €250 on each occasion.