Terms and conditions
Terms and conditions
Last updated: 28 May 2025
I. Your Acceptance
These Terms and Conditions (hereinafter referred to as the "Terms" or the "Terms and Conditions") govern the use of our website, www.luxurycars.ch (hereinafter referred to as the "Site"), a platform dedicated to Swiss-registered luxury automobiles, operated by or on behalf of Luxury Cars Sàrl (hereinafter referred to as "Luxury Cars", "we", "us", or "our"). By accessing, viewing, registering, browsing, or otherwise using the Site, you agree to be bound by these Terms and Conditions. Please read these Terms carefully, as they govern your rights and obligations in connection with the use of the Site. If you do not accept these Terms, we kindly advise you to refrain from using the Site.
II. Amendment to these Terms and Conditions
We reserve the right, at our sole discretion and without prior notice, to amend or modify these Terms and Conditions at any time, as we deem necessary. Any changes shall take effect immediately upon their publication on our website. By continuing to access or use our platform, you acknowledge and irrevocably agree to be bound by the updated Terms. We encourage you to review these Terms periodically to remain informed of any updates. It is your responsibility to ensure that you are familiar with the most current version, as we do not undertake an obligation to notify you personally of any changes. The most recent version of these Terms will always take precedence.
III. Our Role
At Luxury Cars Sàrl, we offer a premium online marketplace exclusively for luxury automobile listings, with a focus on Swiss-registered vehicles. Our platform provides a space where private sellers, professional dealers, luxury car enthusiasts, and discerning buyers can connect. While we facilitate the connection between sellers and buyers, we are not a party to any transaction. We do not own, inspect, or guarantee any vehicle listed, nor do we act as a broker, intermediary, or sales agent. All transactions, agreements, and negotiations are strictly between the parties involved. We strongly encourage buyers to conduct their own due diligence prior to making any purchase, including inspecting the vehicle, verifying its history, and ensuring all relevant documents are in order. All listings on our platform are the sole responsibility of the sellers, whether private individuals or professional dealers. We make no representations or warranties concerning the condition, authenticity, or legality of any vehicle posted. Buyers and sellers are encouraged to exercise caution and thoroughly assess all relevant information before finalizing any transaction.
IV. Disclaimer of Warranties
You acknowledge and agree that your access to and use of our Site and services are solely at your own risk. We provide our Site and services on an “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, whether express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our Site or services will be free from errors, interruptions, security vulnerabilities, delays, or other issues, nor do we guarantee that they will meet your expectations. We make no representations or warranties regarding the accuracy, completeness, or availability of any content, including vehicle listings or other materials posted by users or third parties on our platform. Users are solely responsible for verifying the accuracy and legality of any information provided, and we disclaim all liability for any damages arising out of or in connection with such content. Furthermore, we do not provide any warranties concerning third-party services, goods, or advertised products that may be received through or advertised on our platform or accessed via links on our Site. This includes, without limitation, any potential exposure to viruses, malware, or other harmful components that may affect our Site or services. We also disclaim any responsibility for any damages, losses, or injuries arising from or related to the use of our Site, services, or user-generated content, including, but not limited to, vehicle purchases, the accuracy of vehicle descriptions, or any claims arising from transactions between buyers and sellers. We play no role in these transactions and assume no liability for any disputes, defects, or failures in performance related to them.
V. Age Restrictions and Restricted Use
Access to and use of our Site is restricted to individuals who are at least 18 years old. By utilizing our services, you confirm that you are over the age of 18 and possess the legal capacity to enter into binding agreements in accordance with applicable laws. Only individuals who are legally able to enter into binding agreements can use our site. This includes being of the legal age of majority, mentally competent, and not subject to any legal restrictions. In the event that we determine a user lacks such legal capacity, we reserve the right to suspend or terminate their access without prior notice or liability. Minors under the age of 18 may access the platform solely under the supervision of a parent, legal guardian, or authorized representative, who shall assume full responsibility for the minor’s use. In such instances, the minor shall refrain from providing any personal data or engaging in activities that require legal capacity. Our platform is not intended for use by individuals under 18, and we strongly advise parents and guardians to monitor their children’s use. Should we discover that a user is under 18 and is not properly supervised, we reserve the right to suspend or terminate their access without prior notice or liability.
VI. Listing Responsibility
As an individual seller of a luxury vehicle or a professional dealer, you may promote your luxury car offerings through our platform. By posting advertisements or any related material (hereinafter “Listing”), you acknowledge and expressly agree that you bear full and exclusive responsibility for all submitted content. Furthermore, you represent and warrant that you hold all requisite rights, authorizations, and legal capacity to publish such material and that it complies fully with all applicable laws and regulations, including but not limited to the Swiss Code of Obligations (CO), the Swiss Federal Act on Data Protection (FADP), the European General Data Protection Regulation (GDPR), the Swiss Unfair Competition Act (UCA), the Swiss Federal Act on Consumer Information (FACI), and all relevant intellectual property laws, such as the Swiss Federal Act on Copyright and Related Rights (CopA), the Swiss Trademark Protection Act (TmPA), as well as any other applicable international or domestic legal provisions governing your activities. You affirm and warrant that the Listing does not infringe upon any third-party rights, including but not limited to intellectual property, privacy, and contractual or personal rights. By submitting content, you further agree to adhere strictly to our platform’s Insertion Rules (hereinafter “Insertions Rules”) and ensure that all information provided is truthful, accurate, and not misleading. Any false, deceptive, unlawful, or otherwise improper representations concerning the advertised vehicles, services, or related matters may give rise to legal consequences. Luxury Cars Sàrl reserves the right, without prior notice and at its sole discretion, to remove any non-compliant Listing and take appropriate legal action against violations, including but not limited to reporting such violations to the relevant authorities. The removal of any Listing does not entitle the user to any refund or reimbursement of fees paid for the advertisement.
VII. Listing Procedure for Luxury Vehicles
- i. Access and Submission:
Sellers must log into the platform using their designated credentials. All Listings must be submitted through the platform’s prescribed data entry fields. Sellers are solely responsible for ensuring the accuracy and completeness of the submitted details.
- ii. Verification and Activation:
Listings will only be activated after the successful verification of required details. Once a Listing is activated, the seller is responsible for its maintenance until expiration. Any modification that alters the identity of the listed vehicle after activation is strictly prohibited.
- iii. Listing Duration and Deactivation:
Listings will remain active for the agreed-upon duration unless renewed before expiration. Upon expiry, Luxurycars reserves the right to permanently delete Listings at its discretion. Sellers may deactivate a Listing at any time, such as after a sale, but early deactivation does not alter Sellers’ contractual obligations or entitle sellers to refunds.
- iv. Use of Listing Data:
By submitting a Listing, sellers grant Luxury Cars a non-exclusive, worldwide, irrevocable, royalty-free, and sublicensable license to use, reproduce, distribute, modify, and display the content for platform operations and promotional purposes.
- v. Accuracy and Content Compliance:
The Sellers must ensure that all provided information, including descriptions and images, is truthful, accurate, and legally compliant. Only content for which the seller holds legal rights, including intellectual property rights, may be uploaded. Listings must not contain any unlawful, defamatory, obscene, unethical, or otherwise objectionable material.
- vi. Editorial Discretion and External Publication:
Luxury Cars reserves the right to make minor technical or formatting adjustments to Listings without altering their substantive content. At its discretion, Luxury Cars may distribute Listings across affiliated digital platforms, mobile applications, or third-party marketplaces. The platform also retains the right to modify or discontinue external publications at any time without notice.
- vii. Imported Listings:
Sellers who import Listings from external platforms using automated tools or integrations must ensure they have authorization from the originating platform. Luxury Cars disclaims all liability regarding the accuracy, completeness, or legality of imported content.
- viii. Content Compliance and Removal:
While Luxury Cars is not obligated to pre-screen Listings, it reserves the right to remove any content that infringes upon third-party rights, violates legal provisions, or breaches contractual terms. Listings that are removed will not be eligible for refunds, compensation, or any form of remedy.
- ix. Listing Policies:
All Listings are subject to the overarching policies of Luxury Cars, including Insertion Rules which apply in conjunction with the above procedural steps.
VIII. Procedure for Buyers
Our Site operates as a digital platform facilitating the listing and advertisement of luxury vehicles by registered sellers, including private sellers and professional dealers. As a buyer, you browse the listings in our Site and contact sellers at your sole discretion; however, all subsequent interactions, negotiations, and transactions occur exclusively between the buyer and the seller, without the involvement or intermediation of Luxury Cars Sàrl. As a buyer, you acknowledge and agree that:
- i. Independent Investigation:
It is the sole responsibility of the buyer to conduct all necessary due diligence and investigations regarding the listed vehicles, including but not limited to verifying the accuracy, condition, ownership, history, and availability of any vehicle advertised on the platform. Luxury Cars Sàrl does not verify, endorse, or guarantee the correctness, completeness, or reliability of any listing or seller-provided information.
- ii. Direct Dealings:
Any communication, negotiation, or agreement between the buyer and the seller occurs independently of Luxury Cars Sàrl. The platform solely serves as a marketplace for advertisement, and Luxury Cars Sàrl does not act as an agent, broker, escrow service, or intermediary in any transaction. The conclusion of any sale, including contractual obligations, payment terms, and delivery arrangements, remains exclusively between the parties.
- iii. No Warranty or Liability:
Luxury Cars Sàrl expressly disclaims any and all warranties, representations, or assurances, whether express or implied, regarding the accuracy, reliability, or legality of any listing or seller. The seller bears sole and exclusive responsibility for the content of their advertisement and the subsequent performance of any transaction. Luxury Cars Sàrl assumes no liability for misrepresentations, non-performance, disputes, defects, or any other issue arising in connection with a listed vehicle.
- iv. Exclusion from Disputes:
Luxury Cars Sàrl shall not, under any circumstances, be involved in or held responsible for any dispute, claim, demand, or proceeding arising between a buyer and a seller, whether related to contractual performance, misrepresentation, fraud, payment defaults, defects, or any other issue. Buyers expressly waive any right to assert claims against Luxury Cars Sàrl in relation to any transaction conducted through or facilitated by the platform.
By using the platform, buyers acknowledge and accept that all risks associated with purchasing a vehicle from a listed seller are borne solely by them, and they agree to release and hold Luxury Cars Sàrl harmless from any liability, claim, or demand arising from their use of the platform.
IX. Procedure for Sellers
Sellers seeking to list their luxury vehicles on the platform are required to complete the registration process, furnish accurate and complete information, and select a payment option to activate their advertisement. By listing a vehicle, the seller acknowledges, warrants, and agrees to the following terms
- i. Registration and Payment Obligations:
Sellers must create an account on the platform, provide all required identification and contact details, and select a payment method for the publication of their listing. The listing shall only be activated upon successful receipt of payment. Luxury Cars Sàrl reserves the right, at its sole discretion, to request additional information, documentation, or verification as deemed necessary to ensure compliance with platform requirements.
- ii. Eligibility and Listing Restrictions:
The platform is exclusively dedicated to the advertisement of luxury vehicles. Sellers may only list vehicles that are physically located in Switzerland, and a valid Swiss address is a mandatory requirement for publication. Luxury Cars Sàrl retains the absolute right to refuse, suspend, or remove any listing that does not comply with these criteria or that is deemed inappropriate, misleading, or otherwise contrary to the platform’s policies, the Insertion Rules and these Terms.
- iii. Accuracy of Listings and Seller’s Responsibility:
The seller bears sole and exclusive responsibility for the accuracy, completeness, and veracity of all information contained within the listing, including but not limited to vehicle specifications, condition, ownership history, pricing, and availability. The seller is obligated to ensure that all details provided remain truthful and up to date and shall promptly modify or remove any advertisement that no longer reflects the actual status of the listed vehicle. The publication of false, deceptive, misleading, or inaccurate information is strictly prohibited and may result in immediate removal of the listing without refund or recourse.
- iv. No Liability:
Luxury Cars Sàrl acts solely as a platform provider and does not assume any role in the verification, endorsement, or validation of seller listings. The seller expressly acknowledges and agrees that Luxury Cars Sàrl is not liable for the accuracy, completeness, or reliability of any advertisement. The buyer and seller are exclusively responsible for all negotiations, due diligence, contractual arrangements, and transactions. Under no circumstances shall Luxury Cars Sàrl be held liable for any claims, disputes, losses, damages, or liabilities arising out of or in connection with any listing, transaction, or communication between the seller and potential buyers.
- v. Compliance with Additional Terms:
By listing a vehicle, the seller further agrees to comply with all applicable laws, regulations, and additional contractual terms imposed by Luxury Cars Sàrl, including but not limited to insertion rules and any specific contractual terms governing the publication of advertisements.
By submitting a listing, the seller irrevocably acknowledges and accepts that they bear full responsibility for their advertisement and any resulting transaction. The seller further waives, releases, and disclaims any claim, demand, or cause of action against Luxury Cars Sàrl in connection with their use of the platform.
X. Our Blogposts and Newsletters
For informational purposes and to enrich your interest in luxury automobiles, Luxury Cars may, at its sole discretion, share exclusive content through newsletters and blog posts. This content, carefully curated by Luxury Cars, may include updates, articles, and insights related to the world of luxury vehicles, designed to engage automotive enthusiasts and readers who appreciate fine automobiles. However, Luxury Cars is under no obligation to publish, distribute, or maintain any newsletters or blog posts and may choose to share such content at times and frequencies of its choosing. While we strive to ensure the accuracy and relevance of the information provided, all such content is offered purely for informational purposes and should not be relied upon as professional advice. Luxury Cars makes no representations or warranties, express or implied, regarding the completeness, accuracy, or reliability of the information shared. The content is provided "as is," without any guarantees as to its fitness for any particular purpose. By accessing our articles or subscribing to our newsletters, you acknowledge that Luxury Cars shall not be held liable for any errors, omissions, or inaccuracies within the content, nor for any reliance placed on it.
XI. Eligible Vehicles
Our Site is accessible to users worldwide for the purpose of browsing and purchasing luxury vehicles. However, the listing of vehicles for sale is subject to strict eligibility criteria. Only vehicles that are physically located within Switzerland and that qualify as luxury automobiles (defined by their high quality, exclusivity, and high market value) can be advertised on the platform. Furthermore, sellers must possess a valid Swiss address and hold a legitimate Swiss domicile or a registered Swiss business identification number (CNR) to be eligible to list a vehicle. All sellers must comply with the applicable insertion rules (“Insertion Rules”), which set forth the specific requirements and standards for posting advertisements on our Site. We reserve the right, at our sole discretion, to determine whether a vehicle meets the requisite luxury classification and to reject or remove any listing that fails to adhere to these Terms or the Insertion Rules.
XII. Your Access to Our Site
We grant you a limited, revocable, non-exclusive license to access and use the service for the following purposes:
a. browsing, listing, and promoting your vehicles for sale as a private seller or dealer;
b. viewing and engaging with vehicle listings, content, and other resources on the platform as a buyer or a car enthusiast; and;
c. using the platform for personal, non-commercial exploration of luxury cars.
This license allows commercial use strictly related to the advertisement and promotion of vehicles by dealers and private sellers. For potential buyers and car enthusiasts, this license is granted for personal, non-commercial use of the platform’s features, including browsing listings, finding the car you would like to buy, and engaging with related content.
However, this license does not authorize you, nor shall you attempt to:
a. collect, download, aggregate, copy, duplicate, transmit, display, or create derivative works based on any part of the Service;
b. engage in any form of data mining, data harvesting, scraping, or other automated data collection activities;
c. use any automated tools or systems to extract or collect data from the Service.
Any unauthorized use of the Service or its contents beyond the scope of this license and Terms constitutes a violation of Luxury Cars Sàrl's intellectual property rights and may result in legal action.
XIII. User Registration and Account Access
To access and utilize specific features of the platform, users may be required to complete a registration process by providing accurate, complete, and up-to-date information as requested. Registration is strictly personal and non-transferable, and each account is limited to a single user. By registering, the user acknowledges and agrees to the following obligations:
a. To ensure that all information provided during registration and thereafter is truthful, complete, and accurate, and to promptly update such information as necessary.
b. To maintain the security and confidentiality of login credentials and not to share or disclose account access to any third party.
c. To be solely responsible for any activity conducted through the registered account, including any unauthorized access resulting from failure to maintain security measures.
d. To notify Luxury Cars Sàrl without undue delay in the event of any suspected or actual security breach, unauthorized access, or misuse of the account.
e. That Luxury Cars Sàrl reserves the right to suspend or terminate accounts at its sole discretion if false, misleading, or outdated information is provided or if any misuse or violation of these Terms and Conditions occurs.
By completing the registration process, users expressly consent to receive electronic communications from Luxury Cars Sàrl, including but not limited to service notifications, account-related communications, and legal notices. Luxury Cars Sàrl may also send promotional materials via email, which users may opt out of at any time by following the instructions provided in such communications.
Luxury Cars Sàrl reserves the right to request additional documentation to verify user identity and to reject, suspend, or revoke registration if such verification is unsatisfactory or if compliance with the applicable laws is not met.
XIV. Contract Formation
The private seller or dealer (hereinafter referred to as the "Customer") seeking to list a luxury vehicle on the platform shall be required to complete the designated registration process, accurately providing all requisite information as prescribed by us. The submission of such information shall constitute an application to enter into an agreement, subject to our review and approval at our sole discretion. Only Customers with a valid Swiss address and a legitimate Swiss domicile or a registered Swiss business identification number (CNR) are eligible to list a vehicle. Upon receipt of the completed registration and requisite details, we shall conduct a verification process to assess the suitability of the proposed listing. If deemed compliant with the standards and requirements of the platform, the Customer shall be required to formally execute and sign the applicable contractual documentation, such as the contract for private sellers or the contract for dealers. By executing the aforementioned agreements, the Customer expressly acknowledges and agrees to be bound by such agreements as well as these Terms and Conditions, the Insertion Rules, the Privacy Policy, and any other policies or governing documents of the platform, as may be in force from time to time. Furthermore, as a condition precedent to the activation of the listing, the Customer shall ensure the timely remittance of all applicable fees associated with the listing service. In the event of any inconsistency or conflict between these Terms and Conditions and the specific contract signed by the Customer for the listing of vehicles, the provisions of the individual contract signed by the Customer shall take precedence.
XV. Our Services
Infrastructure: We provide the requisite infrastructure and the Site essential for the operation of our platform. Luxury Cars at its sole discretion, develop or enhance the platform. The Customer acknowledges and agrees that they have no right to demand, request, or require any such development or modification to the platform.
Third-Party Applications: In instances where we incorporate third-party applications, the terms and conditions of the respective third-party providers shall govern such use. The users hereby agree to be bound by and comply with such third-party terms and conditions. It is expressly understood that such third-party applications are not under the control of Luxury Cars, and any operational aspects thereof shall remain the responsibility of the relevant third-party providers. The use of such third-party applications by the Customer shall be undertaken at the Customer’s sole discretion, risk, and responsibility.
Service Availability and Maintenance: We will endeavor to ensure the ongoing functionality and accessibility of the platform. However, system downtime and interruptions to our services may occur due to maintenance or unforeseen system failures. While we will use commercially reasonable efforts to minimize such disruptions, the Customers expressly agree that any such outages or interruptions shall not constitute grounds for termination of any contract between the parties nor shall they entitle the Customer to any form of compensation, whether financial or otherwise.
Storage and Security of Listings: The listings submitted by the Customer shall be stored on a secure server connected to the internet, in accordance with the descriptions and provisions of the services as set forth on the Site. Luxury Cars shall employ reasonable measures to ensure the security and integrity of such listings, but shall not be liable for any data loss, corruption, or unauthorized access beyond its control.
Delivery of Services and Amendments: We may, at our sole discretion, deliver the services directly or through the engagement of third-party providers. All offers made by us are deemed non-binding and are subject to formal contractual confirmation. We retain the right to modify, amend, or alter the scope of any services, offers, or options provided.
XVI. Price and Payment
The Customer shall pay a fee for the use of Luxury Cars infrastructure and the Site, as well as for the entitlement to place listings on the platform. The current subscription fees and prices for our services are published on our website. These fees include the provision of all services ordered by the Customer as described on the Site. Any additional services not included in the standard offering may be agreed upon through separate negotiations between Luxury Cars and the Customer. All prices are exclusive of VAT. Should any additional taxes, duties, or charges become applicable, the Customer shall bear the full responsibility for such payments. Luxury Cars reserves the right to periodically adjust its pricing structure. The prevailing prices at the time of subscription or purchase shall apply to all new contracts, and any renewal or extension of an existing contract will be subject to new prices and updated terms and conditions. Payments for all fees and services shall be processed by a third-party payment provider. When making a payment, the Customer will be redirected to the secure payment processing platform of the third-party provider, where they may complete the transaction using a variety of accepted payment methods, such as credit/debit cards and other supported digital payment options. The Customer acknowledges and agrees that all payments are between the Customer and the third-party payment provider, and that Luxury Cars shall not be held liable for any issues or disputes arising from the payment process. Luxury Cars has no responsibility for the accuracy, security of any payments, as these are solely handled by the third-party payment provider. The Customer acknowledges that payments made via the third-party payment provider are subject to the third-party payment provider's terms and conditions, and agrees to comply with such terms. The Customer shall not be entitled to set off any payments due to Luxury Cars by reason of any claims against Luxury Cars. Any assignment of rights or claims under this contract by the Customer shall require Luxury Cars' prior written consent. Under no circumstances shall the Customer withhold payment or make payment contingent upon any claims. Furthermore, the transfer, assignment, or novation of rights under this contract to any legal successor of the Customer shall only be permitted with the written consent of Luxury Cars.
XVII. Prohibited Conduct
In order to ensure a safe, respectful, and lawful environment for all users of the website, you agree to refrain from engaging in any activity or posting any content that violates the rules specified below under the titles “General Prohibited Conduct” and “Conduct Regarding the Site”. These are prohibited on our Site, and any violation may result in suspension, removal of content, or termination of your account. All users who post content also agree to be bound by the separate Insertion Rules, which govern the guidelines for posting content on the platform.
XVII.I General Prohibited Conduct
You are prohibited from posting, emailing, uploading, transmitting, or otherwise handling any content or engaging in any conduct that,
a. Is unlawful. Any content or activity that violates any applicable laws or regulations in Switzerland or internationally.
b. Harms or threatens others. content that is harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy, or otherwise harmful to individuals, groups, or minors.
c. Violates public order or decency. content that is pornographic, depicts sexual conduct, or engages in any form of sexual exploitation or abusive behavior.
d. Incites hatred or violence. content or behavior that degrades, intimidates, or is hateful toward individuals or groups based on political orientation, religion, gender, sexual orientation, race, ethnicity, age, disability, or any other characteristic protected under the applicable laws.
e. Impersonates others. content that impersonates or misrepresents your affiliation with any person or entity, including the posting of fake or misleading information.
f. Discloses personal information of others without consent. Any content that includes personal or identifying information about another person without their explicit, informed consent.
g. Involves personal data of minors without consent. Content that includes personal information or data about minors. This includes individuals under the age of 18 (or any higher age specified by the applicable laws of the country or jurisdiction where the content is accessed).
h. Deceptive or misleading. content that is false, misleading, deceptive, or otherwise intended to misinform other users.
i. Infringes intellectual property rights. content that infringes upon any intellectual property rights of any third party or content that you do not have the right to make available under any legal or contractual relationship.
j. Promotes illegal services. content that advertises illegal services or the sale or exchange of prohibited or restricted items under applicable laws, including but not limited to unlicensed vehicles, stolen property, or items that do not meet legal or regulatory standards for sale.
k. Contains harmful software. Any content that contains viruses, worms, malware, or any other harmful computer code, files, or programs designed to interfere with, disrupt, or limit the functionality of the website or any computer system.
l. Disrupts website functionality. Engaging in actions that disrupt the normal flow of dialogue, flood the website with excessive content, or otherwise negatively affect other users’ ability to use the platform effectively.
m. Manipulates or disguises origin of content. Using misleading email addresses, forged headers, or manipulated identifiers to disguise the origin of content transmitted through the Service.
n. Advertising non-eligible cars. Content that advertises vehicles located outside of Switzerland or fails to meet the criteria set forth in the "Eligible Vehicles" section of these Terms and Conditions.
o. Violates confidentiality agreements. content that violates any existing confidentiality or non-disclosure agreements you are bound by, including sharing information that is classified or private.
XVII.II Conduct Regarding the Site
In addition to the prohibitions above, you agree not to:
a. Engage in actions that limit others' access. Any conduct that limits or inhibits other users from using or enjoying the website, such as blocking or harassing users.
b. Stalk or harass. Contacting any person who has expressly requested not to be contacted or making unsolicited contact for commercial purposes, solicitation, or harassment.
c. Collect personal data unlawfully. Engaging in activities that involve collecting personal data about other users for unlawful or commercial purposes.
d. Alter or damage website elements. Engaging in any activity that alters, deletes, or interferes with the website’s structure or functionality, including making unauthorized changes to any aspect of the website or its infrastructure.
e. Use automated tools without consent. Using automated means, including bots, crawlers, or data mining tools, to download, scrape, or collect data from the website unless expressly authorized by the platform.
f. Employ third-party posting agents without consent. Using “posting agents” or third-party services to post listings on behalf of others unless expressly approved by us.
g. Attempt unauthorized access. Attempting to gain unauthorized access to the platform’s systems, data, or user accounts, or engaging in activities that disrupt, damage, or impair the Site’s performance.
h. Overburden platform infrastructure. Using the Site in a way that imposes a disproportionately large load on our platform’s infrastructure or using the Site for commercial purposes unrelated to its intended use.
i. Compete unfairly. Using the platform for the benefit of any competing business or in a manner that exploits or harms the Site’s business interests.
j. Alter or remove copyright notices. Removing, altering, or obscuring any copyright, trademark, or other proprietary notices on the platform.
XVII.III Insertion Rules
In addition to these Terms and Conditions, all users agree to be bound by the platform’s separate Insertion Rules, which govern all aspects of posting Content on the Site. These rules are an essential part of maintaining a lawful and effective environment on our Site. Any violation of the Insertion Rules may result in the removal of content, suspension of accounts, and possible legal action.
XVII.IV Reporting Violations
If you become aware of any prohibited content or behavior on our Site, please contact us immediately by using the contact details provided in the last section of these Terms and Conditions.
XVIII. Third-party websites and services
Our Site may include links or references to third-party content, including websites, which are independent of our Site. These third-party resources are provided solely for your convenience and do not imply any endorsement or responsibility by Luxury Cars. Any interactions, transactions, or agreements made with physical or legal entities encountered via our service, including but not limited to the purchase, sale, payment, or delivery of goods and services, are strictly between you and those entities. You are solely responsible for conducting any due diligence, investigations, or inquiries you deem necessary before engaging in any online or offline transactions with these third parties. We strongly advise exercising caution and discretion in such dealings. We disclaim any liability for any loss, damage, or dispute arising from or in connection with such interactions or transactions. In the event of a dispute between you and other users or between you and third parties, you acknowledge and agree that Luxury Cars has no obligation or responsibility to intervene. By using the Service, you hereby irrevocably release Luxury Cars from any and all claims, demands, or damages that may arise from such disputes or interactions.
XIX. Intellectual Proprietary Rights
All content created, developed, curated, or otherwise made available on or through the Luxury Cars platform (whether conceived internally, commissioned, or lawfully acquired) remains the sole and exclusive property of Luxury Cars Sàrl. This includes, but is not limited to, the overall design, structure, and aesthetic presentation of the Site; all textual and editorial content, including articles, descriptions, blog posts, and informational materials; images and professional photography; graphics, icons, interface elements, and all visual compositions; curated music, sound effects, and multimedia arrangements; bespoke software solutions, source code, proprietary algorithms, and the technical framework underlying the platform; structured data compilations; databases and data structures; and all distinctive branding elements of Luxury Cars Sàrl, such as trademarks, trade names, logos, insignias, typography, and any other proprietary features that collectively define the identity, prestige, and market presence of Luxury Cars Sàrl. All such content is protected by applicable copyright, trademark, and intellectual property laws, as well as international conventions safeguarding proprietary and creative works. Any unauthorized reproduction, modification, creation of derivative works from, redistribution, or other exploitation of the platform or its content, in whole or in part, is strictly prohibited without the express prior written consent of Luxury Cars Sàrl. Furthermore, any attempt to access, decompile, disassemble, reverse-engineer, or otherwise extract or manipulate the source code, proprietary software, algorithms, or system architecture of the Luxury Cars platform is expressly forbidden. Luxury Cars Sàrl does not claim ownership over any Listing that users submit on the platform. However, by submitting Listings to any publicly accessible area of the Site, you grant Luxury Cars Sàrl, to the fullest extent permissible by the applicable laws, a non-exclusive, worldwide, irrevocable, royalty-free, and sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, perform and create derivative works from such content, for purposes related to the operation, promotion, and improvement of the Site, its business, and its brand.
XX. Infringement Notice
If you believe that your intellectual property rights, including but not limited to your copyright, have been infringed upon or violated in any manner, please notify Luxury Cars Sàrl immediately through the contact details provided at the end of these Terms and Conditions. To facilitate our review, please provide us with a detailed description of the content you believe is infringing, including the location or link to the specific material. We take such matters seriously and will investigate any claims of infringement in accordance with the applicable laws. We will work to resolve any legitimate concerns in a reasonable, timely manner.
XXI. Service Limitations and Modifications
We reserve the right to modify, suspend, or discontinue, in whole or in part, the platform or its services. If such changes materially affect paid listings based on our contract with you, we will provide reasonable prior notice, where possible. However, prior notice may not be possible in the following circumstances:
a. Technical failures, security breaches, or system malfunctions that require immediate action;
b. Legal or regulatory obligations that necessitate the immediate removal or suspension of content;
c. Force majeure events, including but not limited to natural disasters (such as floods, earthquakes, hurricanes, wildfires, tornadoes etc.), government actions including acts of government, new regulations, changes in laws, and public health emergencies, war, terrorism, or armed conflict, civil unrest, strikes, or riots, acts of God or nature such as pandemics, epidemics, or environmental disasters, power outages or electrical failures if significant or prolonged, communication or internet service failures caused by external factors like cyberattacks, cyberattacks or hacking attempts severe enough to disrupt operations, transportation disruptions such as strikes, restrictions, or accidents, and actions or inactions by third parties or suppliers that are beyond our control and prevent the performance of our services, nuclear disasters, including accidents or disasters involving nuclear energy or radiation, urgent policy changes necessary to prevent fraud, misuse, or harm to the Site or its users.
If we remove or suspend a paid listing before its agreed-upon duration for reasons not attributable to the user, we may, at our sole discretion, offer an appropriate refund or alternative compensation, ensuring fairness. Such compensation can only be provided on a pro-rata basis, corresponding to the remaining period of the paid listing, or in another form agreed upon with the user. However, we will not be required to provide a refund or compensation in cases where the removal or suspension is caused by circumstances beyond our control, including, but not limited to:
a. Force majeure events, including but not limited to natural disasters (such as floods, earthquakes, hurricanes, wildfires, tornadoes etc.), government actions including acts of government, new regulations, changes in laws, and public health emergencies, war, terrorism, or armed conflict, civil unrest, strikes, or riots, acts of God or nature such as pandemics, epidemics, or environmental disasters, power outages or electrical failures if significant or prolonged, communication or internet service failures caused by external factors like cyberattacks, cyberattacks or hacking attempts severe enough to disrupt operations, transportation disruptions such as strikes, restrictions, or accidents, and actions or inactions by third parties or suppliers that are beyond our control and prevent the performance of our services, nuclear disasters, including accidents or disasters involving nuclear energy or radiation, urgent policy changes necessary to prevent fraud, misuse, or harm to the platform or its users, or other unforeseeable events that significantly disrupt our ability to deliver the service;
b. Technical failures outside of our control, including internet service provider issues, third-party software failures, server outages, or cyberattacks that prevent us from providing the service;
c. Website maintenance, including scheduled maintenance, urgent security updates, or unexpected system failures that require temporary suspension of services to ensure platform stability and security, regardless of the length of the suspension.
d. Legal or regulatory requirements, where the removal or suspension of the listing is mandated by applicable law, court orders, or government actions ;
e. User-initiated actions that prevent the continuation of the service, such as violations of the Terms and Conditions or inappropriate, inaccurate content and information being posted.
f. Fraud prevention and security measures, where a listing is removed due to suspected fraudulent activity, unauthorized access to an account, or detected attempts to misuse the platform;
g. Intellectual property disputes, including copyright, trademark, or other legal claims that require the removal of a listing to comply with rights enforcement obligations;
h. Payment issues, such as chargebacks, non-payment, or disputes related to the listing fees that affect the continued availability of the listing;
i. Third-party dependencies, where the listing is impacted by external service providers (e.g., payment gateways, hosting providers, or integrated third-party tools) experiencing disruptions that are outside our control;
j. Platform restructuring or policy changes, where services or features are modified, discontinued, or restructured for business or operational reasons.
k. Market conditions or operational constraints, where changes in the market, supply chain disruptions, or business operations (e.g., platform-wide changes affecting listing availability) make it impractical to continue offering the listing service.
To the fullest extent permissible under the applicable laws, we shall not be liable to you or any third party for any changes, interruptions, or discontinuations of the service, except as required by mandatory applicable law.
XXII. Termination and Suspension
You acknowledge and agree that we reserve the right, in our sole discretion, to terminate, or suspend your access to or use of the platform and services, in whole or in part, at any time, and for any reason, including but not limited to,
a. A breach of these Terms and Conditions, including but not limited to, any breach of terms under the title “Prohibited Conduct”;
b. Violation of applicable laws; or
c. Failure to fulfill obligations outlined in these Terms and Conditions;
d. Fraudulent, misleading, or unlawful activities (including listing violations, payment fraud, or misuse of the platform);
e. Non-payment of applicable fees or charges related to paid services (for sellers or other users using paid services).
f. Comply with applicable laws and regulations.
Such termination or suspension may occur without prior notice and without liability. We may, in our sole discretion, take any of the following actions, including but not limited to:
a. Deleting or deactivating your account;
b. Blocking your email address or IP address;
c. Removing any content submitted by you to the platform, including listings, advertisements, comments, or other materials;
d. Restricting or suspending your access to all or part of the platform’s services.
You agree that Luxury Cars Sàrl will not be liable for any damages, losses, or liabilities arising from the termination or suspension of your account or access to the platform. This includes but is not limited to any lost profits, damages related to the removal of content, or interruption of services.
XXIII. Privacy and Cookies Policy
By accessing and using our Site, you acknowledge and consent to the collection, use, and processing of your personal data in accordance with our Privacy Policy and the use of cookies as outlined in our Cookies Policy. These policies govern how we handle your personal information and utilize cookies to enhance your user experience. For further details, please refer to the full Privacy Policy and Cookies Policy.
XXIV. Limitation of Liability
To the maximum extent permissible under applicable law, we, Luxury Cars, together with our directors, officers, employees, agents, affiliates, and representatives, shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenues, data, goodwill, or usage, arising out of or in connection with your use of the Site or services, whether based on contract, tort (including negligence), statutory liability, or any other legal theory. This includes, without limitation, any errors, interruptions, disruptions, delays, failures, or unavailability of the platform, or any other failure to perform or errors in the operation of the Site.
We expressly disclaim all liability for any disputes, damages, or liabilities arising from, or in connection with, transactions, agreements, or interactions between buyers and sellers on the platform. As an intermediary platform facilitator, we are not a party to any transaction, sale, or agreement, nor do we assume any responsibility for contractual disputes, product defects, or any failure to fulfil obligations between users. All such matters are strictly between the parties involved.
We do not make any representation or warranty, express or implied, as to the accuracy, legality, completeness, or reliability of any content posted by users, including, but not limited to, vehicle listings, descriptions, or related information. We further disclaim any responsibility for the condition, quality, or authenticity of any vehicles listed on the platform, and we shall bear no liability for any content posted by users.
We shall not be liable for any damages, losses, or claims arising from third-party websites, services, or content linked to or accessed through the platform, including but not limited to third-party payment processors, service providers, or other external resources, and we make no representations regarding such third-party content.
We shall not be held responsible for any delay, disruption, or failure of performance resulting from events or circumstances beyond our reasonable control, including, without limitation, acts of God, natural disasters, governmental actions, network failures, or any other events of force majeure.
XXV. Indemnification
- i. You hereby agree to indemnify, defend, and hold harmless Luxury Cars Sàrl, its directors, officers, employees, agents, representatives, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, obligations, damages, losses, costs, and expenses, including but not limited to reasonable attorneys’ fees and court costs, arising out of or in connection with:
a. your use of this Site and its services,
b. any content you submit, post, upload, or otherwise make available on or through the platform, your violation of these Terms and Conditions,
c. any applicable laws or regulations, or
d. any rights of third parties, including but not limited to intellectual property rights, personality rights, privacy rights, or contractual rights.
i. Luxury Cars Sàrl assumes no responsibility for transactions, disputes, or contractual obligations between buyers, sellers, dealers, or third-party service providers, and you expressly agree to indemnify and hold Luxury Cars Sàrl harmless from any claims, liabilities, or damages arising from or related to such interactions. This indemnification also extends to any claims resulting from your failure to fulfil contractual obligations, misrepresentations, or any other act or omission that results in harm to Luxury Cars Sàrl or any third party.
ii. Luxury Cars Sàrl reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate in such defense. This indemnification obligation shall survive the termination or expiration of these Terms and Conditions and your use of the platform.
XXVI. Notices
All notices under these Terms and Conditions must be in writing and will be considered as given and deemed received when:
- i. If sent by you. Notices will be deemed received:
- a. If sent by email - upon being sent to our e-mail address
- b. if sent by registered post or courier services - upon confirmation/evidence of receipt or
- ii. If sent by us. Notices will be deemed received:
- a. If sent by email - upon being sent to the e-mail address that you provided to us
- b. if sent by registered post or courier services - upon confirmation/evidence of receipt or
- c. or upon publication or notification on or through the Luxury Cars Sàrl website.
Notices to Luxury Cars Sàrl should be sent to the following address:
Luxury Cars Sàrl
Quai Ernest Ansermet 4
1820 Montreux -Switzerland
E-mail: info@luxurycars.ch
You agree that any notices or communications sent electronically will fulfill any legal requirements for written communication.
XXVII. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or competent authority, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by the applicable law. The invalid provision shall be replaced with a legally permissible provision that best reflects the original intent.
XXVIII. No Waiver
Failure or delay by Luxury Cars Sàrl in enforcing any provision of these Terms and Conditions shall not be construed as a waiver of any rights, nor shall it affect the validity or enforceability of any provision. A waiver shall only be effective if expressly made in writing.
XXIX. Independent Applicability
These Terms and Conditions apply independently of any other agreements or contracts you may enter into with Luxury Cars Sàrl. Your acceptance of any other terms does not affect the applicability or enforceability of these Terms and Conditions, which shall remain in force unless expressly superseded by a written agreement.
XXX. Prevailing Language
These Terms and Conditions may be provided in multiple languages for convenience. In the event of any discrepancy or inconsistency between the different language versions, the English version shall govern and take precedence and shall be deemed the definitive and legally binding version.
XXXI. Governing Law and Disputes
These Terms and Conditions, as well as any legal matters arising from or related to the access, use, or operation of this Site and Luxury Cars’ services, are governed exclusively by the substantive laws of Switzerland, without regard to conflict of law principles. All disputes arising in connection with these Terms and Conditions or the use of this Site shall be subject to the exclusive jurisdiction of the competent courts in Lausanne, Switzerland.
XXXII. Our Contact Details
For any communication related to our services, our website, or these Terms and Conditions, please contact us using the following details:
Luxurycars Sàrl
Quai Ernest Ansermet 4
1820 Montreux -Switzerland
E-mail: info@luxurycars.ch
Our team is happy to assist you in addressing any questions, concerns, or feedback you may have regarding our Site and services or any other matters related to your use of our Site.