General Terms and Conditions of Use and Sale (GTC)

1. Purpose

These terms govern access to and use of the rolicar.ch platform. RoliCar acts as a technical intermediary facilitating connections between sellers and buyers. Play Digital Sàrl is never a party to the vehicle sale contract.

2. Admission and Registration

• Private Sellers: Must be natural persons, owners of the vehicle, acting in a non-professional capacity.
• Professionals (Dealers): Access to SaaS tools is reserved for companies carrying out professional activities in the automotive trade (verified by a UID or commercial register extract upon request). RoliCar reserves the right to refuse or exclude a user in case of incorrect information.
• Listings sourced from public sources: In order to build the platform's initial inventory, certain professional listings may be sourced from publicly accessible sources. This processing is based on the operator's legitimate interest in representing the Swiss vehicle offering. The professional concerned may at any time claim their account, have their data corrected or request the removal of their listings by writing to [email protected].

3. Listing and Publication Rules

The user undertakes to comply with Swiss legal guidelines (UCA, IPA, Energy Ordinance). RoliCar reserves the right to remove, partially or completely, any listing that does not comply with the following rules:

• Real availability: The seller must actually have the listed vehicle. Vehicles "on order" are not permitted. The vehicle must be available for a test drive and deliverable within one week.
• Uniqueness: A vehicle may only be the subject of one listing at a time. It is prohibited to delete and immediately repost a listing to artificially boost its ranking.
• Data accuracy: Fields must be used for their intended purposes. The "Version" field must only contain technical specifications (engine size, special series) and not leasing offers or discounts.
• Location: The vehicle and the advertiser must be located in Switzerland or Liechtenstein. Direct imports must be explicitly mentioned.
• "Inspected" label: This term may only be used if the technical inspection (MFK) is valid for at least 12 months after delivery or carried out just before it.
• New vehicles: Information on energy consumption, CO₂ emissions (g/km) and energy efficiency category is mandatory.
• Sale price: The displayed price must be the final price including VAT (VAT included for professionals). Leasing costs must not appear in the main price field.
• Photos: Only original photos of the real vehicle are permitted. Photos must not be misleading. Virtual backgrounds are tolerated, but retouching the vehicle's condition is prohibited.
• Prohibition: Selling spare parts or accessories alone is prohibited.

4. Distribution and Web Marketing

By publishing a listing, the user mandates RoliCar to distribute the content (texts, photos, price) on the platform as well as on third-party channels, including as advertising carousels on social media (Facebook, Instagram, etc.), in order to optimise its visibility.

5. Financial Terms and Payment

Pricing is available at rolicar.ch/tarifs. Unless otherwise agreed in writing, the following rules apply:

• Payment: Due at the time of order for professionals, by the due date stated on the invoice.
• Any month started is payable: Any professional listing published commits its author for the entire current billing month. Any month started is payable in full, without pro rata or reduction, including where the listing is withdrawn, sold or deactivated, or where the account is terminated before the end of the month.
• Commitment: Publishing a listing or using the professional tools constitutes acceptance of these terms and contractually commits the professional to pay the corresponding amounts, without any separate signature being required.
• Professional subscriptions: Renew automatically each month.
• Studio credits (professionals): Purchased individually or in packs, credits are made available immediately and invoiced afterwards by QR-bill invoice, which the professional undertakes to settle upon presentation. Credits are neither refundable nor convertible; credits for a declined result are automatically returned to the balance.
• Private listings: Free of charge. Private individuals only pay for the options they choose: promotion (Boost) and photo cut-out credits, purchased individually and with no automatic renewal.
• Processing: Payments are managed via Stripe for private individuals and by invoice with a QR payment slip for professionals.
• Non-payment: If payment is not received by the due date, RoliCar may suspend the visibility of the listings after a grace period of 20 days. Suspension does not extinguish the debt, which remains payable in full.
• Price changes: RoliCar may change its prices subject to 30 days' notice given by email. A professional who does not accept the change may terminate before it takes effect.

6. Liability and Warranty

RoliCar disclaims all liability for disputes relating to the condition of the vehicle, the buyer's solvency or the transaction. No refunds will be granted following a dispute between users, as the advertising service is considered to have been rendered.

7. Duration and Termination

• Professionals: Termination with 30 days' notice before the end of a month, via the account or by email.
• Private individuals: No minimum commitment. Each listing is published for 30 days and ends automatically at expiry.
• Changes to the terms: RoliCar may amend these terms subject to 30 days' notice given by email or via the account. Failing termination before they take effect, continued use constitutes acceptance.

8. Data Protection and Applicable Law

Data processing is governed by the Privacy Policy (nFADP).

• Deletion requests: Due to technical constraints, deletion requests are processed in cycles. The account and active data are deactivated as soon as reasonably possible; complete erasure, in particular from backups, technical logs and failover systems, may take up to 4 months.
• Accounting records: Invoices and payment records are retained for 10 years in accordance with art. 958f CO and are excluded from any deletion request.

These terms are subject to Swiss law. The exclusive place of jurisdiction is Aubonne (VD).