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Terms & Conditions | See the corporate policy and guideline Industrialboard.com

Terms & Conditions

Terms and Conditions for users of the internet platforms of

Industrialboard GmbH
Chasseralstrasse 3,
4900 Langenthal,
Switzerland,
represented by its Managing Director Simon Gantner,
hereinafter referred to as „Industrialboard“

PLEASE READ THESE TERMS AND CONDITIONS („TERMS OF USE“ OR "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY INDUSTRIALBOAD. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF INTERNET PLATFORM http://www.industrialboard.com AND ALL SERVICES PROVIDED BY INDUSTRIALBOARD ON THE SITE.

By using Industrialboard in any manner, including but not limited to visiting, browsing or ordering via the Industrialboard platform, you (the "user" or "you") agree to be bound by this Agreement, including the additional Industrialboard-Guidelines. This Agreement applies to all users of the platform, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the platform.

I. Scope of these Terms and Conditions, Platform
Industrialboard is the online marketplace for industrial goods.
Registered members can offer and purchase industrial goods, such as machine parts, electronic components, tools or assemblies via the Industrialboard internet platform.
These terms and conditions regulate the conclusion of the user agreement and the use of the online marketplace including all functions, offers, content, shops and other services and applications which we provide within this framework.
The following documents also apply in addition to these Terms and Conditions:

  • the Industrialboard-Guidelines intheir most recent version, containing an overview of the applicable code of conduct for users of the Industrialboard platform and more detailed information on prohibited items for sale,
  • the Industrialboard-Fee-Regulations in its most recent version which lists the remuneration due for the use of the Industrialboard platform,
  • the Industrialboard Privacy Policy in its most recent version which presents the type, scope and purpose of collection and use of personal data.

Industrialboard acts as a marketplace, it provides a sales platform and does not become a contracting party in the agreements concluded between the purchasing and the selling parties. This means that if a member purchases an article or a service from another member via Industrialboard, the agreement is concluded with the seller of the item/service.

Industrialboard is not directly involved in the transaction between buyers and sellers. As a result, Industrialboard has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Industrialboard to sell items or the ability of buyers to pay for items. Industrialboard does not pre-screen users or the content or information provided by users. Industrialboard cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Industrialboard does not transfer legal ownership of items from the seller to the buyer.

Industrialboard cannot guarantee the true identity, age, and nationality of a user. Industrialbaord encourages you to communicate directly with potential transaction partners through the tools available on the platform.

You use the Industrialboard service at your own risk.

Maintenance performed on the Industrialboard platform can have an adverse effect on its availability. Maintenance work will be, as far as possible, performed with the minimum of inconvenience to members. Routine or planned maintenance work will be performed at times of least possible use and if such work is to be of considerable duration, members will be given sufficient notice. In addition, however, it may be necessary to perform maintenance work without notice, for instance in cases of unforeseeable disruption (e.g. attacks, viruses). A particular level of availability of the Industrialboard platform cannot be guaranteed.

Industrialboard does not guarantee continuous, uninterrupted access to the platform, and operation of the platform may be interfered with by numerous factors outside Industrialboard’s control.

II. Membership Egilibility
Industrialboard’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Industrialboard may, in its sole discretion, refuse to offer access to or use of the platform to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Industrialboard’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Industrialboard of any unauthorized use of your password or any breach of security. You also agree that Industrialboard cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Industrialboard without Industrialboard’s express written permission.

You must keep your account information up-to-date and accurate at all times, including a valid email address.

You may not transfer or sell your Industrialboard account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

You do not use the firm’s account for private purchases.

III. Conclusion of agreements on purchase of goods or provision of services between members
If a member lists an item or description of a service as a seller, this constitutes a binding offer which allows any other member to purchase the item or the service at the price offered. The purchase agreement is concluded if another member (purchaser) clicks on the designated button (currently: “add to cart” and then confirms this. After the purchase agreement has been concluded, the purchaser receives, by way of confirmation, a system email from Industrialboard. The purchaser is obligated to pay the total price as soon as possible after receiving this confirmation of purchase unless the parties agree otherwise.
The possible payment methods in each case are determined by the seller of the goods in the offer/listing.

Industrialboard is not involved in the conclusion of agreements between members and cannot does not provide any guarantees in respect of the properties and condition of the goods and services offered by members. The sellers of articles and services are themselves responsible for the description of their offerings.

IV. Commissions / Fees
Joining Industrialboard is free. For buyers are Industrialboard’s services completely free of charge. Sellers can list their products without any limitations in quantity and duration. They have the choice betwenn a commission model or a listing fee. This is to be understood as an either-or-model. Industrialboard does not charge the seller both pricing options at the same time.

When the sellers choose the listing fee, Industrialboard charges CHF 2.00 (two Swiss Francs) per month and per article in its total quantity. That is, no matter if the seller list a product with a quantity of 1 item or with a quantity of 20 items, the monthly listing fee remains CHF 2.00. From the beginning of a month deactivated articles are at no costs. In that case, Industrialboard does not charge the fee.

Following a successful sale of a good or service via the Industrialboard platform, a commission is due. Industrialboard charges a percentage of the sale price when the item sells. The commission rate is 13.5% and refers to the sales price (VAT and shipping costs excluded) not matter in which currency it is paid (USD or EUR or CHF).If a purchase is not completed as a result of a valid revocation, Industrialboard will refund the sales commission.

The member will be invoiced by Industrialboard for any fees per email. The invoice will also be displayed in the user’s account/profile section on the platform.

Unless otherwise stated, all fees are quoted in Swiss Francs (CHF).

You are responsible for paying all fees and applicable taxes associated with using Industrialboard. The seller must pay the amount due in full within 10 days of the date of the invoice, or the account will be considered past due.

If Industrialboard terminates an account, or if you close your account, or if the payment of your Industrialboard commission fees cannot be completed for any reason, you remain obligated to pay Industrialboard for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

V. Obligations of the Member
1. General obligations which apply to all members:
There are laws (a) with which all members must comply, and rules (b) which Industrialboard itself sets out in order to ensure the smooth operation of the internet platform. Further obligations for members, in addition to those laid out here, can be found in the Industrialboard Guidelines.
Every member is obligated to use the Industrialboard platform for lawful purposes only and according to these Terms and Conditions as well as the Industrialboard Guidelines. Members are themselves responsible without limitation for their offers (e.g. shop, items for sale) and content (e.g. company information, product descriptions, individual information).
a) Principles which apply to all members by law:
Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:

  • criminal law,
  • regulations for the protection of minors,
  • data protection law,
  • third party copyrights, trade mark rights, sign rights, patent rights or rights to a name
  • moral rights or other third party rights

This means, for example, goods or services which may not be offered and content which may not be published include but are not limited to:

  • stolen goods/fenced goods (for example, goods acquired through fraudulent means)
  • media harmful to young people
  • premium telephone numbers
  • incitements to commit crimes, racist content
  • propaganda articles of banned parties, associations and groups
  • weapons
  • items from anti-constitutional organisations
  • slanderous, defamatory or libellous statements
  • counterfeit goods, imitations of branded goods
  • content which offends common decency (contra bonos mores)
  • images or other files which are protected by copyright if the user has not obtained the respective right of use
  • items produced using child labour
  • images or other files which infringe trade mark rights, company name rights or other proprietary rights

Furthermore, one should note that there are many items whose trade is subject to special – sometimes very strict – statutory regulations or restrictions. This includes, but is not limited to:

  • trade in toys
  • trade in foodstuffs
  • trade in textiles
  • products from protected plant and animal species

Please note that content on the Industrialboard platform is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries; in particular, members who offer a good or service on one of the non-German Industrialboard websites must usually also observe the regulations applicable in the country where they are offering said good or service.

b) Principles which Industrialboard considers mandatory to ensure a good functioning of the market place:

  • Members should treat each other with respect!
  • Be fair to one another and to Industrialboard!
  • Only goods and services may be offered at Industrialboard which are suited to Industrialboard’s users. This means that only industrial goods, tools, machine parts or electronic components may be offered or services which are related to industrial purposes and do-it-yourself
  • The price stated in each item listing description must be an accurate representation of the sale. Additionaly, sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Industrialboard transaction fees (commission), misrepresent the item's location, or use another user's account without permission
  • Members may not circumvent the Industrialboard fee regulations or prevent a commission-based act of usage in bad faith. In particular, the member may not use the contacts which arise through the Industrialboard platform in order to sell items, listed on the Industrialboard platform, elsewhere. In the case of a circumvention or bad faith avoidance of remuneration, Industrialboard is entitled to demand the avoided remuneration from all members involved as joint and several debtors; further rights of Industrialboard, in particular to block and/or terminate the member account concerned, remain unaffected.
  • The seller of a good must actually be able to supply that good or be in a position of supplying it within 10 work days.
  • Information provided by the seller as to price, payment, delivery, delivery time, delivery and shipment costs must be accurate, complete and comply with applicable statutory requirements.
  • A seller may not pass the Industrialboard commissions on to the purchaser in addition to the sales price or collect these from the purchaser.
  • Merely providing a link to an internet address does not qualify as a description of a good
  • Offers must be listed in the appropriate category.
  • No technology may be used which might be harmful or pestering to the platform, to members or to third parties (e.g. viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks etc.). This shall include, for example, the automatic read-out of data by crawlers.
  • Collecting address data from Industrialboard is prohibited without the consent of the respective member.
  • Members may not use the contact details they receive from one another in the scope of communications or transactions for advertising purposes without the express permission of the respective other member.
  • The use of spam, snowball systems and similar, unfair marketing measures is prohibited.
  • Search word spamming is prohibited.
  • The member is obligated to avoid placing any excessive strain on the Industrialboard platform. In particular, no content may be published which could endanger the integrity, stability and availability of the Industrialboard platform.

Sellers are solely responsible for their conduct and activities on and regarding to Industrialboard and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that sellers submit, post, and display on Industrialboard.

Furthermore, you may not list any item on Industrialboard (or consummate any transaction that was initiated using Industrialboard’s service) that, by paying to Industrialboard the listing fee or the final value fee, could cause Industrialboard to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

VI. Consequences of violations of law or of these Terms and Conditions as well as the Industrialboard-Guidelines
The online marketplace of Industrialboard can only work smoothly if all members adhere to the rules. Therefore, Industrialboard reserves the right to take measures against members where specific evidence suggests that the member, through his or her use of the platform, violates or has violated applicable law and/or these Terms and Conditions. When deciding upon these measures, Industrialboard shall take into consideration the operational requirements of the Industrialboard platform, own liability risks as well as the legitimate interests of any party asserting a claim and those of the member (e.g. debts, seriousness of the breach of duty, risks, statement of the user).
If Industrialboard should learn of evidence for breaches of duty on the part of the member, e.g. through complaints from third parties, Industrialboard will inform the member thereof. When doing so, Industrialboard is entitled to set a time limit for the member to submit a statement on a case by case basis; in the case of extreme urgency, this time limit can be just a few hours.
The sanctions which Industrialboard can place on a member are:

  • issue a written warning to the member, demanding the violation is immediately ceased;
  • suspend, block or terminate individual offers (e.g. shop, profile, item) of the member on the Industrialboard platform;
  • limit or restrict the member’s use of the Industrialboard platform (e.g. limit number of offers);
  • preliminary blocking of the member;
  • exclusion of the member

In the case of the termination of offers or the blocking of a member account (preliminary blocking or exclusion) due to the existence of a violation of the law or a violation of these Terms and Conditions, the member shall owe all fees due in relation to the respective offer up to the point of termination by way of compensation. The fixing of the compensation does not affect the right to provide evidence that no loss, considerably lower losses or considerably higher losses have been incurred.
A member whose membership has been terminated is not allowed to reregister at Industrialboard or to use other member accounts.
Industrialboard is entitled to remove offers of members at its own discretion if these offers are not in line with the overall image of the Industrialboard platform. Provided the member is not responsible for any breach of duty, Industrialboard will, on request, cancel or reimburse any fees due on the removed offer.

VII. Indemnity
The member releases Industrialboard from any claims which third parties might assert against Industrialboard due to a rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This covers, in particular, the listing of items, ratings or forum contributions which is unlawful or contrary to contract. Reasonable costs of a legal defence (in particular, attorney fees) which Industrialboard has demonstrably incurred through the misconduct of the member, must also be reimbursed.

VIII. Termination
The user agreement shall run for an indefinite period of time and may be duly terminated by the member or Industrialboard at any time providing a notice period of seven days. Notification of termination by the member may be in the form of a written communication to DaWanda or an email to aupport@industrialboard.com or through de-registration in the section “My profile” via the menu point “Edit Profile”.
The right to termination for good cause remains unaffected. In addition to legal grounds for termination for good cause, it shall also constitute cause for immediate termination for Industrialboard if a member, upon receiving a reminder from Industrialboard (which can be grounds for default), does not pay the remuneration due within a reasonable period of time and is in default of payment at the time of the termination. Industrialboard is entitled to institute preliminary measures as per clause VII during the time period set by law.

IX. Rights of Use
1. The member grants Industrialboard all rights in the content uploaded by him or her to the online platform necessary for the fulfilment of the agreement. This covers, in particular, the right to reproduce, distribute, make available to the public or adapt, for the purpose of providing the services, the content uploaded by the member. Industrialboard is, in particular, entitled to reproduce, distribute and make available to the public all content uploaded by the user also beyond the end of his or her membership.

2. Furthermore, the member grants Industrialboard the right to use the content listed by him or her in the advertising for the online platform or individual offers, in particular for advertising on the internet, in print advertising and/or TV advertising. To this end, Industrialboard is especially entitled to reproduce, distribute, make available to the public, adapt or broadcast content of the member or to communicate the broadcasts or make them available to the public.

3. The rights granted under points 1 and 2 above are granted to Industrialboard as non-exclusive exploitation rights in perpetuity and throughout the universe. The rights granted under points 1 and 2 above may be assigned and sub-licensed by Industrialboard to third parties. Industrialboard shall not be liable to pay any additional remuneration in such cases.

X. Limitation of liability
The following provisions on the limitation of liability of Industrialboard apply to all claims for damages and liability cases, irrespective of the legal grounds such claims are based on (e.g. guarantee, default, impossibility, breach of duty, impediment to performance, identity theft, etc.), except for:
rights and claims of the member based on wilful or grossly negligent behaviour on the part of Industrialboard itself, its legal representatives or vicarious agents.

Industrialboard is not involved in the conclusion of agreements between members and cannot does not provide any guarantees in respect of the properties and condition of the goods and services offered by members. The sellers of articles and services are themselves responsible for the description of their offerings.

The seller guarantees the impeccable working of the product(s) of the contract with the warranted qualities andf if the condition is stated as “Original” or “New”. The guarantee lapses if the client or third parties make modifications or repairs to the product(s) or use unsuitable operating materials without the sellers written consent. Damage caused by normal wear and tear, non-professional use, excessive strain or chemical or electrolytic influences are excluded from the guarantee.  The right of return does not apply for any goods that has been traded via Industrialboard. All further claims of the buyer are excluded.

Please keep in mind that you – the buyer – buy the product(s) under the principles of "sold like seen". There is no general guarantee.


The seller accepts no liability for the selection and use of the object of the contract. Claims for compensation of all kinds are excluded unless the seller has caused the damage by deliberate intent or gross negligence. The seller shall under no circumstances be liable for indirect damage.

Any liability is excluded on the part of Industrialboard.


IN NO EVENT SHALL INDUSTRIALBOARD, AND (AS APPLICABLE) INDUSTRIALBOARD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR INDUSTRIALBOARD’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFROM, INDUSTRIALBOARD’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Liability for non-availability of the online platform is excluded. In particular, no claims against Industrialboard can exist where non-availability affected purchase agreements, for example because an item cannot be listed or a purchase agreement is not concluded.
Industrialboard is not liable for the performance of agreements between members.

XI. Responsibility for content and links
Industrialboard does not control the content provided by users that is made available on Industrialboard. Industrialboard is not obligated to monitor the information transmitted or stored or to search for possibly illegal content.

Industrialboard is not responsible for the availability of outside websites or resources linked to or referenced on the paltform. Industrialboard does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Industrialboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Industrialboard does not guarantee that the information of links posted on the Industrialboard platform for and to external websites is complete, up to date and correct. Industrialboard excludes all liability for damages that result directly or indirectly from the use of these links or the stored content on the Industrialboard platform.

XII. Third party assignment and assumption
Industrialboard is entitled, upon provision of four weeks’ notice, to assign its rights and obligations under this user agreement in whole or in part to a third party. In such a case the member is entitled to terminate the user agreement within three weeks of receiving the notification giving four working days’ notice.

XIII. Alterations to the Terms and Conditions
Industrialboard reserves the right to alter these Terms and Conditions at any time and to make the use of the online platform subject to new or additional contractual terms. So please review these policies frequently. You will be notified of any alterations or additional terms and these will come into effect as soon as they are accepted. Should you not accept the alterations, Industrialboard is entitled to terminate the user relationship. Industrialboard reserves the right to modify or terminate the Industrialboard platform and service for any reason, without notice, at any time.

XIV. Severability clause

Should any particular provisions of these guidelines be invalid, that fact shall not affect the validity of the other provisions.
Individual modifications and additional agreements besides these Terms and Contions and our Guidelines are invalid, unless they are confirmed in writing by Industrialboard.

XV. Final provisions, applicable law and place of jurisdiction
The most recent version of the Terms and Conditions is stored on the Industrialboad platform and is available to be viewed by anyone.
Industrialboard is entitled, for the purpose of performing its obligations under this agreement, to also avail itself of third parties as so-called vicarious agents.
Claims against Industrialboard may not be assigned to third parties either in part or in full. The sole place of jurisdiction is the registered office of Industrialboard Gmbh in Langenthal, Canton of Berne, Switzerland. The legal relationship shall be governed by Swiss law to the exclusion of UN Convention on Contracts for the International Sale of Goods (Vienna Convention). For all conflicts between sellers and buyers, the place of jurisdiction and the applicable law is based on the place, where the seller (in case of firms, its headquarter’s location) is located.

End of Terms and Conditions
Status: February, 2015

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