These General Terms and Conditions (hereinafter referred to as the “GTCs”) were written in German and translated into different languages. In the event of inconsistencies between the translated versions and the German version, the latter shall always be decisive.

Last revised on: 11.06.2012

General information and scope of application

(1) These GTCs of CUSTOMBIKE LTD., In der Rüfe 4A, 7304 Maienfeld, Switzerland (hereinafter referred to as “CUSTOMBIKE”) and those provisions not included in these GTCs but nonetheless declared therein to be binding– particularly the data usage guidelines and the terms of payment – regulate the rights and obligations associated with using the website plus all of its subdomains (hereinafter referred to as the “website” and/or “CUSTOMBIKE platform”) and the contractual relationship between CUSTOMBIKE and its users and/or members.

(2) CUSTOMBIKE runs a multimedia Internet platform for motorbike enthusiasts, among other things, on its website. The website is also a global online marketplace where registered companies and private individuals can place advertisements as well as sell or buy motorbikes.



(1) To be able to use all of the website’s functions and all the services and offers provided thereon, users must be registered members and have agreed to these GTCs. Registration and membership are free of charge.

(2) Membership is personal and non-transferable. Users may only create one single personal account. The information to be provided during registration must always be complete and correct, and must always include the following information in particular: complete first name and surname, address, telephone number, valid email address and gender. When registering a company, the name of the contact person and the full name of the company must be given. Should this information change, the member undertakes to update it on the website without delay, such that the details are complete and correct at all times.

(3) Each member must choose a user name. It may not be obscene, insulting or offensive in any other way. Furthermore, the user name may neither contain any reference to an email or web address and nor may it violate the rights of third parties.

(4) If an account is blocked, no new account may be created without CUSTOMBIKE’s consent.

(5) Individuals from countries where there is a UN or US embargo in place or who appear on the Specially Designated Nationals List (SDN List) of the US Department of the Treasury are prohibited from joining or using the website.


(1) The member may cancel their membership at any time. Cancellation results in all of the member’s advertisements on the website being deleted. An account can either be deleted or deactivated.

(2) CUSTOMBIKE is entitled to block a member (i.e. cancel their membership), ban use or discontinue a service at any time and without the need to state its reasons without the member in question being able to assert any resultant claims against CUSTOMBIKE. Members can be blocked if they fail to observe these GTCs.

General obligations of members

Conduct when using the website

(1) Members undertake to respect applicable legal norms and regulatory obligations and are responsible for compliance with the same.

(2) Members shall respect the rights of others. They alone are responsible for their conduct when using the website and for how they treat other users.

(3) Members are prohibited from posting advertising material (e.g. spam) on the CUSTOMBIKE platform without CUSTOMBIKE’s consent.

(4) Users may not record any content or information or otherwise access the CUSTOMBIKE platform using automated mechanisms (e.g. bots, robots, spiders or scrapers) without CUSTOMBIKE’s prior written consent.

(5) Members may not use any unlawful pyramid schemes, such as snowball systems, on the CUSTOMBIKE platform.

Sharing content and information

(1) Every member must hold the rights to all the information and content that they post on the CUSTOMBIKE platform or must have the rights holder’s consent to this effect.

(2) For content such as photos, videos and texts that are subject to intellectual property rights (“IP content”), the member gives CUSTOMBIKE permission as follows unless agreed otherwise in the privacy and application settings: The member gives CUSTOMBIKE a non-exclusive, transferable, non-chargeable worldwide licence that can be sub-licenced for the unrestricted use of any IP content posted on or in connection with CUSTOMBIKE (“IP licence”).

(3) Certain information, which is specified in the data usage guidelines, is publicly accessible. Anyone, including individuals who do not use the CUSTOMBIKE platform, can access and use this information as well as associate it with the member in question.

(4) Members may not post any content on the website or perform any actions thereon that violate the rights of another person or break applicable legislation.

(5) CUSTOMBIKE can remove all content and information posted on the website if it believes that said content and information violates the GTCs or internal guidelines.

Technical intervention

(1) The use of mechanisms, software or other scripts that could disrupt proper operation of the website is prohibited.

(2) Members may not take any measures that could result in unreasonable or excessive strain being placed on the CUSTOMBIKE infrastructure.

(3) Members are prohibited from blocking, overwriting or modifying content generated by CUSTOMBIKE and otherwise interfering with the website.

Intangible property rights of third parties (intellectual property)

The member guarantees that any offers, advertisements, texts and images that they publish on the website in any way, shape or form or otherwise communicate via the website do not violate any intangible property rights of third parties. The member may only use and publish images, videos and texts on the website that they have created themselves or the use of which has been approved by the rights holder. This particularly applies to text and image material that is publicly accessible on another website.

Personal rights of third parties

The member guarantees that any offers, texts and images that they publish on the website in any way, shape or form or otherwise communicate via the website do not violate any personal rights of third parties. In particular, these may not be insulting, obscene, defamatory, harassing, slanderous, disparaging, degrading, libellous or otherwise unlawful.

Trademark privacy / approval

(1) Members shall recognise that the term “CUSTOMBIKE” is a registered trademark. Save for the following regulations, members shall refrain from using the trademark or related terms as a brand name.

(2) Members can refer to the CUSTOMBIKE platform (when online and offline) to describe their presence on the CUSTOMBIKE website and their use of CUSTOMBIKE’s services. The reference must be truthful and may not imply that the member is associated with the CUSTOMBIKE platform, is being sponsored by CUSTOMBIKE or is being supported by CUSTOMBIKE.

(3) Any text references to should be linked exclusively to the login page.

(4) The member’s name may never be associated with the CUSTOMBIKE name.

(5) CUSTOMBIKE should be kept in the same size and font as the other content.

(6) CUSTOMBIKE should always be written as follows in texts: CUSTOMBIKE Ltd.

(7) Neither CUSTOMBIKE Ltd. nor any other trademarks may be used as a verb or in the plural.

(8) If the member refers to because they are organising an event on the website, it must be made very clear that it is the member and not CUSTOMBIKE who is responsible for this event.

The website as a marketplace

General information

(1) CUSTOMBIKE is making its website available to members as a marketplace (platform), where they can buy and sell goods (hereinafter referred to as “products”), until further notice. For the sake of simplicity, these GTCs refer to the buyer and seller of a product as the “buyer” and “seller” respectively.

(2) Members may autonomously and independently conclude contracts with one another on this marketplace. Such contracts grant rights and obligations solely to the buyer and the seller. The buyer and the seller are solely responsible for performance of the contract.

(3) CUSTOMBIKE is not a party to contracts concluded between members on the marketplace. CUSTOMBIKE, its representatives, employees and proxies are in no way responsible for the risks associated with initiating and concluding business transactions and shall in no way be held liable for any damage resulting therefrom.

(4) CUSTOMBIKE is not obligated to check the conduct of its members in connection with their use of the marketplace. In particular, CUSTOMBIKE is entitled, but not obligated, to in any way check the lawfulness or other admissibility of the offers, texts and images that its members publish on the marketplace.

(5) CUSTOMBIKE gives no guarantee that members shall behave according to the principles of good faith when trading via the website. In particular, CUSTOMBIKE gives no guarantee that members shall meet any contractual obligations existing between themselves.

(6) CUSTOMBIKE is entitled to delete content that it believes to violate the rights of third parties.

Sellers’ obligations

(1) The seller may only offer products that they are authorised to dispose of. In particular, this means (without limitation) that the member is completely and unencumberedly capable of and authorised to transfer property and ownership to the buyer.

(2) They are prohibited from offering products, the offer, sale, purchase, disposal or use of which could violate legal regulations or be deemed immoral. CUSTOMBIKE reserves the right to delete offers and to inform the responsible authorities or the third parties whose rights have been violated at any time.

(3) The seller undertakes to make truthful and honest statements that are not misleading about the product on offer and to give complete information about the payment and delivery details. All of the product’s defects must be stated. This applies to second-hand products in particular.

(4) While a product is up for sale, the seller is prohibited from selling it to someone else or granting third parties rights to the same.

Additional services

CUSTOMBIKE may, either by itself or through third parties, offer additional services in connection with transacting a purchase made via the marketplace (e.g. product shipment). The applicable provisions of relevance to the additional services shall apply.

Services subject to a charge

General information

(1) CUSTOMBIKE offers its members chargeable services on its website. These include placing wanted ads and advertising, among other services.

(2) The provisions set out in the current terms of payment apply to these chargeable services.

Special provisions for advertisers

(1) Members can address individual target groups advertising on the website for a charge. The following additional conditions apply to advertising on the website:

(2) When placing an order, the member shall specify the desired advertising type, the target audience and how much they are willing to pay. If CUSTOMBIKE accepts the order, it shall display the advertising as soon as there is advertising space available. CUSTOMBIKE shall communicate the advertising to the target audience defined by the member to the best of its ability. However, it cannot guarantee that the advertising shall reach the chosen target group. CUSTOMBIKE is entitled to broaden the advertising criteria defined by the member to enhance the effectiveness of the advertising campaign.

(3) CUSTOMBIKE shall determine the fee to be paid for the advertising and the further advertising conditions. Advertising shall be paid for in line with the terms of payment.

(4) CUSTOMBIKE shall determine the size, place and positioning of advertising.

(5) CUSTOMBIKE cannot guarantee how much activity or success will be generated by advertising, such as the number of clicks. CUSTOMBIKE has systems that are constantly trying to identify and filter particular clicking activities, including illegal ones. However, CUSTOMBIKE is not responsible for click fraud, technical problems or other potentially invalid click activities which may influence advertising costs.

(6) CUSTOMBIKE’s IP licence for distributing the advertising material ends when the order is finalised.

(7) CUSTOMBIKE can use the advertising and any associated content and information for marketing or advertising purposes.

(8) CUSTOMBIKE may reject or remove advertising without the need to state its reasons.

(9) If advertising is placed in a name that is not the member’s, the member must have the permission to place the same. This includes the following: the member assuring that they are legally entitled to bind the advertiser to these GTCs; and (ii) the member agreeing to CUSTOMBIKE holding them liable should the advertiser they are representing violate these GTCs.

Special provisions for placers

(1) Members can place chargeable advertisements on the website with a view to selling / purchasing products. The following additional conditions apply to advertisements on the website:

(2) When offering to place an advertisement, the member sends the desired advertisement to CUSTOMBIKE. If CUSTOMBIKE accepts the advertisement offered, it is published on the website pursuant to CUSTOMBIKE’s advertisement conditions.

(3) CUSTOMBIKE shall determine the fee to be paid for the advertisement and the further advertisement conditions. Advertisements shall be paid for in line with the terms of payment.

(4) CUSTOMBIKE shall determine the size, place and positioning of advertisements.

(5) CUSTOMBIKE cannot guarantee the success of an advertisement.

(6) The member shall give CUSTOMBIKE an IP licence to distribute the advertisement for the duration of the same.

(7) CUSTOMBIKE can use the advertisements and any associated content and information for marketing or advertising purposes.

(8) CUSTOMBIKE may reject or remove an advertisement without the need to state its reasons.

(9) If advertisements are placed in a name that is not the member’s, the member must have the permission to place these advertisements. This includes the following: the member assuring that they are legally entitled to bind the placer to these GTCs; and (ii) the member agreeing to CUSTOMBIKE holding them liable should the placer they are representing violate these GTCs.

Liability and guarantee

General information

(1) CUSTOMBIKE shall only be held liable for direct damages that occur due to intentional or gross negligence on its part. Any liability on the part of CUSTOMBIKE for direct damages caused by slight negligence shall – for whatever legal reason – be expressly excluded, subject to compulsory legal provisions. CUSTOMBIKE explicitly excludes any liability for indirect damages, consequential losses, loss of profits and/or accidental damages.

(2) CUSTOMBIKE strives to keep the website operational, faultless and secure. However users always utilise the website at their own risk. CUSTOMBIKE provides the website in its present state without any express or implied guarantees, including implied guarantees of marketability, suitability for a particular purpose and non-violation of the rights of third parties. CUSTOMBIKE does not guarantee that the website and/or individual website functions are always faultless or that they work without any interruptions, delays or shortcomings. The website may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons without the user or member being entitled to assert claims against CUSTOMBIKE.

(3) CUSTOMBIKE is not obligated to check offers, evaluations or other information that members have published on the website and in particular accepts no liability for (i) offers being made truthfully and otherwise correctly; (ii) the quality, security, legality or availability of the products on offer; (iii) the capability, authority or the will of individual members with respect to offering, purchasing, delivering, paying for or otherwise performing the contract.

(4) In particular, CUSTOMBIKE shall not be held liable for any damages suffered by members or third parties due to the conduct of other members or third parties in connection with use or misuse of the website.

(5) CUSTOMBIKE gives no guarantee that the content of websites that can be reached by links on the CUSTOMBIKE website is up-to-date, accurate, legal, complete or of a high quality and excludes any liability in this respect.

(6) If other members, users or third parties assert claims against CUSTOMBIKE due to their rights (e.g. intangible property rights) being violated as a result of offers or content published by a member, or as a result of a member or user utilising the website in any other way, this same member or user shall indemnify CUSTOMBIKE from all claims and shall also bear the costs of CUSTOMBIKE’s legal defence (including court and lawyers’ fees).

Data privacy

The current data usage guidelines available on CUSTOMBIKE’s website shall apply.

Final provisions

(1) Should some of these contractual conditions be or become ineffective or impracticable, this shall not affect the validity of the remaining provisions. In place of the ineffective or impracticable provisions, the parties shall agree upon effective or practicable provisions that reflect the economic sense of said ineffective or impracticable provisions as closely as possible.

(2) All disputes that arise between CUSTOMBIKE and a (current or former) member in connection with the present GTCs shall be subject solely to Swiss substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

(3) Any disputes shall fall under the exclusive jurisdiction of the ordinary courts at CUSTOMBIKE’s headquarters.