These Terms of Service (the “Terms”) govern access to and use of the BidHome.ch website, apps and services (the “Platform”), operated by [BidHome AG], [registered office address], Switzerland ([CHE-000.000.000]) (“BidHome”, “we”, “us”). By registering for or using the Platform, you (“you”, “User”) accept these Terms.
BidHome operates an online marketplace for the sale of real property in Switzerland by auction and at fixed price. BidHome is an intermediary and technology provider only. The contract of sale is concluded between the seller and the successful buyer and is completed by public deed before a Swiss notary. BidHome is not a party to that sale, is not the seller or an estate agent for every listing, and gives no warranty as to any property.
You must be at least 18 and have legal capacity to contract. To bid or sell you must register and complete identity verification (KYC) via SwissID or an equivalent provider, and, where applicable, anti-money-laundering (AML) checks. You are responsible for the accuracy of the information you provide and for the security of your account credentials.
We may refuse, suspend or terminate registration where verification fails, where required by law, or to protect the integrity of the Platform.
Auctions run to a published closing time. Placing a bid is a binding and irrevocable offer to purchase at the bid price, subject to these Terms and the Auction Rules. Bidding may be by single bids or by proxy (maximum) bids, in which case the system bids on your behalf up to your maximum using the published increment.
Anti-sniping: a bid placed in the final three (3) minutes extends the closing time by three (3) minutes. The server clock is authoritative. Where a reserve applies, the property sells only if the reserve is met. The highest valid bid at close, if the reserve is met (or in a no-reserve auction), wins.
The full mechanics are set out in the Auction Rules, which form part of these Terms.
By creating a Listing you represent that you are the owner or a duly authorised representative, that you have the right to sell, and that the information and documents you provide (including the land-register extract and energy certificate) are accurate and complete. You grant BidHome a licence to display your Listing and media on the Platform and in marketing.
You authorise BidHome to conduct the auction, to accept the winning bid on the terms you set, and to instruct completion before a Swiss notary. You must honour a sale where the reserve is met or in a no-reserve auction.
Bidders may be required to place a refundable deposit into escrow before bidding. Deposits of unsuccessful bidders are released automatically after close. The successful buyer's deposit is applied toward the purchase price.
Completion takes place by public deed before a Swiss notary, followed by entry in the land register. Funds are held in escrow and released on completion. Timelines and conditions are set out in the Auction Rules and the sale documentation.
Registration and bidding are free for buyers. For sellers, listing is free and a success fee of 2.5% of the sale price plus Swiss VAT (currently 8.1%) is payable only if the property sells. Any additional services are priced separately and disclosed before purchase. Notary fees, transfer taxes and land-register charges are payable as provided by law and the sale documentation and are not included in the BidHome fee. Exact fees are stated in the seller mandate [mandate reference].
Because auction bids are binding, a successful bid cannot be withdrawn. Statutory rights of withdrawal for distance contracts do not generally apply to real-property auction sales; nothing in these Terms limits mandatory rights you may have under Swiss law. BidHome may cancel or postpone an auction in the circumstances set out in the Auction Rules (for example, a legal impediment, a verification or fraud concern, or a material error).
The Platform, its software, design and content are owned by BidHome or its licensors and are protected by law. You receive a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose. You retain rights in content you upload and grant BidHome the licence described above.
To the maximum extent permitted by law, BidHome is not liable for the condition, value, title or description of any property, for the conduct of sellers or buyers, or for indirect or consequential loss. Nothing excludes liability that cannot be excluded under Swiss law (including for unlawful intent or gross negligence). BidHome provides the Platform “as is” and does not warrant uninterrupted availability.
We process personal data in accordance with our Privacy Policy, which complies with the Swiss Federal Act on Data Protection (FADP).
We may update these Terms. Material changes will be notified in advance. Continued use after the effective date constitutes acceptance. The version in force at the time you place a bid or create a Listing governs that transaction.
These Terms are governed by Swiss law, excluding conflict-of-law rules and the CISG. The exclusive place of jurisdiction is [Zurich], Switzerland, subject to any mandatory place of jurisdiction for consumers. Mandatory consumer-protection provisions of your place of residence remain unaffected.
Contact: [legal@bidhome.ch].