Our general terms and conditions for the use of the internet platform and the distribution of donations via MateriaBona.
The MateriaBona gemeinnützige GmbH (hereinafter «MateriaBona») offers on its website www.materiabona.org a platform for the collection of consumer goods donations from companies (hereinafter «donors») for social purposes (hereinafter «platform»). MateriaBona distributes these donations to accredited social organisations that are registered on the platform.
With few exceptions, all organisations accredited as having a tax-exempt social non-profit status in Switzerland can register on the platform. There is no entitlement to registration. The registered social organisations (hereinafter referred to as «recipients») can order the collected donations from MateriaBona via the platform for a small fee. The fee is charged per ordered unit according to the catalogue.
By registering, recipients agree to the following conditions:
1. Scope of application
The following general terms and conditions – in their currently valid version – shall apply exclusively to the relationship between MateriaBona and the recipients. Deviating terms and conditions of the recipient shall not be recognised unless MateriaBona expressly agrees to their validity in written form.
2. Order
2.1
Acquisition and sale of the goods takes place exclusively between donors and recipients, i.e. no contract is concluded with MateriaBona in this respect. MateriaBona acts only as an intermediary between the Donor and the Recipient. The transfer of ownership of the goods takes place directly between the donor and the recipient.
2.2
MateriaBona is exclusively responsible for the registration of the goods listed on the platform. MateriaBona does not guarantee the actual availability of the goods listed on the platform.
2.3
Upon receipt of the goods, the respective fee indicated on the platform shall become due. This is payable by the recipient to MateriaBona within 30 days of receipt of the goods.
3. Liability
MateriaBona accepts no liability in connection with the distribution of the goods, in particular, not for the quality, usability and marketability of the goods.
4. Specific Purpose
The recipients commit themselves to use the goods only for their statutory purposes or for their own administration. Exchange, sale and raffle of the products or use for personal purposes of the recipients or their employees are prohibited. If additional purposes or restrictions on the use of the goods have been agreed, these must also be complied with. The recipient must at all times be able to prove the use and destination of the goods received.
5. Inspection
MateriaBona, as well as third parties designated by MateriaBona, shall have the right to inspect, review and audit the recipient’s systems, records, data, practices and procedures for compliance with the requirements set forth in section 4.
6. Usage of the platform
6.1
MateriaBona reserves the right to restrict the use of the platform or withdraw access at any time without giving reasons.
6.2
Recipients are free to unsubscribe from the platform at any time.
7. Contractual penalty
If the recipient culpably breaches the requirements set out in section 4, MateriaBona may demand a contractual penalty in the amount of the market value of comparable goods in mint condition. MateriaBona is entitled to claim damages in addition to the contractual penalty.
8. Publication/marketing
MateriaBona is entitled to disclose the use of the platform and the recipient’s orders to the donors and otherwise publish them.
9. Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes in connection with the use of the platform and the distribution of goods via the platform is Zurich. Swiss law shall apply exclusively.