Terms of Service

Last updated: November 2025

1. Introduction and Scope 1.1 About Babaloop Babaloop (beta version, under formation) operates an online platform that enables registered users (“Members”) to buy and sell products through fixed-price listings. The platform serves as a digital marketplace where Members can list items for sale, browse available listings, and complete purchase transactions in accordance with these General Terms and Conditions (“GTC”). 1.2 Beta Version Babaloop is currently in its beta phase. Features, functionalities, and conditions of use may change or be updated during this period. By using the platform, Members acknowledge that Babaloop is under active development and that temporary interruptions, changes, or technical limitations may occur. 1.3 Scope of Application These GTC govern the contractual relationship between Babaloop and its Members regarding access to and use of the Babaloop platform. They apply to all activities conducted via the platform, including listing, purchasing, and payment processes. 1.4 No Auctions Babaloop does not operate an auction system. All transactions are based on fixed prices as determined by the seller. A purchase agreement is concluded once the buyer confirms the purchase at the stated price. 1.5 Acceptance of Terms By registering for a Member account or using the Babaloop platform in any capacity, the user confirms that they have read, understood, and accepted these GTC in full. 1.6 Supplementary Terms Additional policies or terms (e.g. privacy policy, fee schedule, or special promotional conditions) may apply to certain services or features. In case of conflict, such specific terms prevail over these GTC for the respective service.
2. Membership 2.1 Eligibility Membership on Babaloop is open to natural persons and legal entities domiciled or registered in Switzerland or Liechtenstein. Only individuals with full legal capacity, and at least 18 years of age, may register as Members. Legal entities must be represented by an authorised natural person. Babaloop reserves the right to request evidence of identity, domicile, or corporate authorisation at any time. 2.2 Registration Process To use the platform, users must complete the registration process and create a Member account. The information provided must be accurate, current, and complete. Members must keep their account information up to date at all times. 2.3 Account Security Members are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account. Babaloop shall not be liable for unauthorised access or misuse resulting from the Member’s failure to secure their credentials. Any suspicion of unauthorised use must be reported to Babaloop without delay. 2.4 Account Types Babaloop may, at its discretion, offer different types of accounts or seller profiles, such as personal accounts for private individuals and business accounts for professional sellers. Eligibility requirements and applicable fees for each account type are defined separately and may be amended from time to time. 2.5 Verification and Approval Babaloop may verify user information or require additional documentation prior to granting or maintaining access to the platform. Access may be withheld, suspended, or revoked if verification requirements are not met or if the Member’s conduct raises reasonable concerns regarding compliance with these GTC. 2.6 Multiple Accounts Each Member may maintain only one account unless Babaloop expressly authorises otherwise. Accounts are non-transferable. Any attempt to register multiple accounts without prior consent may result in suspension or termination. 2.7 Termination of Membership by the Member Members may terminate their account at any time by following the account closure procedure on the platform. Any ongoing transactions must be completed prior to termination. Transaction fees already incurred remain payable and non-refundable. 2.8 Termination or Suspension by Babaloop Babaloop reserves the right to suspend or permanently deactivate a Member account without prior notice if: the Member breaches these GTC or applicable law; false or misleading information was provided during registration or use; platform integrity or security is threatened; or continued participation is deemed detrimental to Babaloop or other Members. In such cases, Babaloop may block access, remove listings, and restrict the creation of new accounts. 2.9 Effect of Termination Upon termination, the contractual relationship between Babaloop and the Member ends. However, the provisions of these GTC that by nature are intended to survive termination (e.g., liability, payment, and dispute resolution clauses) shall remain in force.
3. Use of the Platform 3.1 Purpose of the Platform Babaloop provides an online environment for Members to buy and sell products at fixed prices. Babaloop facilitates the listing, discovery, and purchase process but is not a contracting party to any transaction between Members. 3.2 Listing and Product Information Members who offer products for sale (“Sellers”) must provide complete, truthful, and non-misleading information regarding the listed products, including price, description, condition, and delivery terms. Sellers are responsible for ensuring that their listings comply with applicable laws, particularly regarding product safety, intellectual property rights, and fair trading standards. 3.3 Prohibited Listings The sale of the following items is strictly prohibited: illegal, counterfeit, or stolen goods; products that violate third-party intellectual property rights; items subject to import, export, or sale restrictions under Swiss law; and goods that pose a risk to health, safety, or public morals. Babaloop may remove any listing that violates these provisions or is otherwise deemed inappropriate for the platform. 3.4 Conclusion of Purchase Agreement For fixed-price listings, a purchase agreement is concluded when the buyer clicks the “Buy Now” or equivalent confirmation button, thereby accepting the seller’s offer at the indicated price. The resulting contract is established exclusively between the buyer and the seller. Babaloop is not a contractual party to the sale and assumes no obligations arising from it. 3.5 Payment and Transaction Fees Babaloop provides integrated payment processing through third-party payment service providers. Buyers must complete payment via the methods accepted on the platform. Babaloop charges transaction fees as specified in its current fee schedule, which forms an integral part of these GTC. The applicable fees are automatically deducted or invoiced as part of the transaction. Babaloop reserves the right to adjust its fees at any time, with prior notice to Members. 3.6 Delivery and Fulfilment The seller bears full responsibility for timely shipment and proper delivery of the sold product. The buyer must verify the product promptly upon receipt and report any issues directly to the seller. Babaloop does not mediate warranty or return claims but may, at its discretion, facilitate communication between parties in case of dispute. 3.7 User Conduct and Platform Integrity Members must use Babaloop in a lawful, respectful, and non-abusive manner. Prohibited behaviour includes, without limitation: providing false information or impersonating others; attempting to manipulate prices, listings, or feedback systems; using the platform for spam, advertising unrelated products, or any illegal activity; and engaging in any activity that interferes with or disrupts the platform’s proper functioning. Babaloop reserves the right to investigate and take appropriate action, including suspension or reporting to authorities. 3.8 Technical Availability Babaloop strives to ensure continuous platform availability but does not guarantee uninterrupted or error-free service. Temporary interruptions may occur, especially during the beta phase. Maintenance work, security measures, or updates may limit or suspend access without prior notice.
4. Fees, Payments, and Invoicing 4.1 Fee Structure Use of the Babaloop platform is generally free of charge for browsing and account registration. Transaction fees apply to completed sales and are determined according to Babaloop’s current fee schedule published on the platform. Additional optional services (e.g. visibility boosts, promotional listings) may be subject to separate charges. 4.2 Payment Processing All payments between buyers and sellers occur via the payment systems integrated on Babaloop. By participating in a transaction, Members agree to comply with the terms and policies of the respective payment provider. 4.3 Billing and Collection Babaloop may issue invoices for applicable fees directly to the Member or deduct them automatically from the transaction proceeds. All amounts are due immediately upon invoicing unless otherwise stated. If a Member fails to pay due amounts, Babaloop may restrict account access or offset outstanding amounts against future proceeds. 4.4 Currency and Taxes All fees and payments are processed in Swiss francs (CHF) unless stated otherwise. Members are responsible for complying with their own tax obligations, including VAT, customs duties, or income declarations related to their sales or purchases. 4.5 Fee Adjustments Babaloop may amend its fees at any time. Any change will be communicated to Members in advance and will apply only to future transactions.
5. Liability, Warranty, and Indemnity 5.1 Role of Babaloop Babaloop acts solely as an intermediary platform provider and not as a contracting party to any sale or purchase. Babaloop assumes no responsibility for the accuracy of listings, product quality, delivery, or performance of contractual obligations by Members. 5.2 Member Responsibility Each Member is solely responsible for the content they publish and the transactions they conduct through Babaloop. Members shall indemnify and hold Babaloop harmless from any claims, damages, or expenses arising from their actions or omissions in connection with the use of the platform. 5.3 Liability of Babaloop To the maximum extent permitted by law, Babaloop excludes all liability for direct or indirect damages, loss of profits, data, or goodwill resulting from the use or unavailability of the platform. Babaloop’s liability, if any, shall be limited to cases of gross negligence or wilful misconduct. 5.4 No Warranty Babaloop provides the platform “as is” and makes no representations or warranties regarding its functionality, availability, or suitability for a particular purpose. During the beta phase, technical errors and interruptions are expressly acknowledged by Members as part of the testing process. 5.5 Third-Party Services The platform may contain links or integrations with third-party services. Babaloop is not responsible for the content, functionality, or data practices of such third parties. Use of external services is at the Member’s own risk.
6. Final Provisions 6.1 Amendments to the GTC Babaloop may modify these GTC at any time. Changes will be published on the platform and become effective upon publication, unless otherwise specified. Continued use of the platform after publication constitutes acceptance of the revised terms. 6.2 Transfer of Rights and Obligations Babaloop may transfer or assign its rights and obligations under these GTC to an affiliated company or legal successor without prior consent of Members. Members may not transfer their rights or obligations to third parties without Babaloop’s written approval. 6.3 Data Protection The collection and processing of personal data are governed by Babaloop’s Privacy Policy, which forms an integral part of these GTC. 6.4 Severability Should any provision of these GTC be held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid one that best reflects the original intent. 6.5 Applicable Law and Jurisdiction These GTC and any disputes arising from or in connection with them are governed exclusively by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction shall be Zurich, Switzerland. 6.6 Language Version In case of discrepancies between the English version of these GTC and a translated version, the English text shall prevail.