Terms & Conditions

Welcome to TRAMETE, a Swiss-based online marketplace combining both classified listings and integrated transactional buying and selling. These Terms and Conditions ("Terms") govern your access to and use of TRAMETE, including all services, features and content provided on or through it (the "Service"). By creating an account, accessing or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms apply to: - All services and functionalities provided on or through TRAMETE; - All activities by visitors and registered users in connection with the Service; and - All transactions carried out using the integrated payment and protection systems of TRAMETE. TRAMETE may update these Terms from time to time. Unless otherwise required by law, changes will apply from the date specified in the updated Terms. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

The Service is operated by: TRAMETE (owned by Fud Eel) Hohlstrasse 304090, 8004 Zürich, Switzerland Switzerland Owner: Fud Eel For support or legal requests, you can contact: - Support email: support@tramete.ch - Legal email: legal@tramete.ch

Your privacy is important to TRAMETE. The collection and processing of personal data in connection with the Service is governed by our separate Privacy Policy. You should read the Privacy Policy carefully to understand how TRAMETE collects, uses and protects your data. By using the Service, you acknowledge that your personal data will be processed in accordance with the applicable Privacy Policy and data protection laws. The Privacy Policy is referenced here for information purposes and is not itself part of these Terms.

To use the Service: - You must be at least 13 years old. - If you are under 18, you may need the permission of a parent or legal guardian, in accordance with applicable law. - You must have the legal capacity to enter into binding agreements. By using the Service, you represent and warrant that you meet these eligibility requirements and that any information you provide to TRAMETE is accurate, current and complete.

To access certain features (such as listing or purchasing items), you must create an account ("Account") on TRAMETE. You agree to: - Provide accurate and truthful information during registration; - Keep your Account information updated at all times; - Maintain the confidentiality of your login credentials; - Immediately notify TRAMETE if you suspect any unauthorised use of your Account. You are responsible for all activities that occur under your Account. TRAMETE may, at its sole discretion, suspend or terminate any Account where it reasonably suspects misuse, fraud, law violations or breaches of these Terms.

TRAMETE is a peer-to-peer marketplace. It allows users to: - Publish free classified listings (subject to future changes in pricing); - Buy and sell items via an integrated payment system using Stripe; - Optionally purchase protection services, including: - TRAMETE Protection (flat fee in CHF), and - "I don't like it" Protection (percentage fee on item price). Unless explicitly stated otherwise, TRAMETE is not the buyer or seller of items listed on the Service. The purchase contract for an item is concluded directly between the buyer and the seller. TRAMETE is not a party to such contracts, except to the limited extent that it provides the platform, payment routing and, where applicable, protection and dispute resolution services.

Users can create and publish listings for items, including text, titles, descriptions, images, prices, tags and other information ("User Content"). By submitting User Content, you confirm that: - You have the necessary rights to publish and use the User Content; - The User Content is truthful, accurate and not misleading; - The User Content does not infringe any intellectual property or other rights of third parties; - The User Content complies with these Terms and applicable law. You grant TRAMETE a worldwide, non-exclusive, transferable, sublicensable, perpetual and royalty-free license to use, reproduce, display, host, modify, adapt, translate, distribute and promote the User Content in connection with: - Operating and improving the Service; - Advertising and marketing TRAMETE; - Protecting users (e.g. preventing fraudulent re-use of listings on third-party platforms). TRAMETE may, at its sole discretion, remove, modify or re-categorize User Content, especially if it appears misleading, incorrectly categorized, infringing, or in violation of these Terms. Users are responsible for keeping their own backup copies of User Content and agree not to rely on TRAMETE for backup or permanent storage.

When using the Service, you agree that you will NOT: - Create more than one Account without TRAMETE's prior permission; - Provide false, misleading or outdated information; - Use the Service after your Account has been suspended or terminated; - Spam, harass, threaten, or abuse other users; - Upload or share content that is illegal, defamatory, discriminatory, obscene, hateful or otherwise harmful; - Sell or advertise illegal, counterfeit, stolen or otherwise prohibited items; - Sell items you do not own or for which you do not have the legal right to sell; - Use TRAMETE as a drop shipping platform; - Circumvent or attempt to circumvent TRAMETE's fees or payment system by arranging off-platform payments; - Upload viruses, malware or other harmful code; - Interfere with the Service, its servers or networks (e.g. hacking, scraping or overloading); - Infringe privacy or intellectual property rights of others, including the unauthorised use of third-party trademarks, logos, or copyrighted materials. TRAMETE may investigate suspected breaches and take appropriate measures, such as warning, content removal, limiting functionality, suspending or terminating Accounts, and, if necessary, informing law enforcement authorities.

TRAMETE uses Stripe as its primary payment provider. When a buyer purchases an item via the Service: 1. The buyer pays through Stripe. 2. TRAMETE holds the funds in escrow until the transaction is completed or resolved according to these Terms. 3. After the transaction is considered complete (or after a dispute is resolved, if applicable), the relevant funds are released to the seller, with fees deducted as specified in these Terms. Paying or accepting payment outside of TRAMETE for items listed on the Service is strictly prohibited and constitutes a serious breach of these Terms. By using the Service, you agree to the terms and conditions of Stripe as applicable to you. TRAMETE or Stripe may require you to provide additional information or complete identity verification to comply with legal and regulatory obligations.

The following fees currently apply on TRAMETE (subject to change in the future): 1. Seller Fee A seller fee of 4% of the item price (excluding shipping) is deducted from the amount payable to the seller for each completed transaction. 2. Buyer Protection Fee A buyer protection fee of 5% of the item price may be charged where a buyer protection feature is enabled. 3. "I Don't Like It" Protection The "I don't like it" protection is available at a cost of 5% of the item price. This protection allows the buyer to initiate a return within the defined time limits even if the item matches the description, provided that tracked return shipping is used. 4. TRAMETE Protection TRAMETE Protection is available for a flat fee of CHF 30 per transaction. When purchased: - TRAMETE acts as an intermediary and mediator in case of disputes; - TRAMETE may decide whether a buyer receives a refund, partial refund, or no refund, and how much the seller ultimately receives after fees. 5. Listing Fees Listings are currently free, but TRAMETE reserves the right to introduce listing fees in the future. 6. Paid Promotions TRAMETE may offer paid promotional options (such as featured listings, higher visibility placements, etc.). The prices, duration and terms of such promotions are displayed at the time of purchase. Any changes to fees will not affect transactions that have already been completed but may apply to new listings or future transactions once published on the Service.

A transaction is typically initiated when the buyer clicks a purchase button (e.g. "Buy securely") and successfully completes payment via the Service. General flow: 1. Buyer confirms purchase and pays the total amount (item price, any protection fee, and shipping if applicable). 2. Funds are captured and held by TRAMETE through Stripe. 3. The seller is responsible for shipping the item within approximately 7 days, unless a different deadline is displayed or agreed via the Service. 4. When the buyer receives the item, a defined time window is available to initiate a claim or a return (depending on whether protection was purchased). 5. If no claim or return is raised within the applicable timeframe, the transaction is considered completed and the funds (minus applicable fees) are released to the seller. The exact timeframes (for shipping, complaints and returns) may be displayed in the interface or adapted over time. Users are responsible for checking the applicable timelines at the time of each transaction.

The seller is responsible for shipping the item to the buyer. Tracked shipping requirements: - When the buyer has purchased TRAMETE Protection and/or "I don't like it" Protection, tracked shipping is required. - The tracking code must be valid and verifiable online. When no protection is purchased, shipping terms (including tracking, insurance and risk allocation) are primarily agreed between the buyer and seller, subject to applicable law. The buyer is responsible for providing a correct delivery address. Risk and responsibility for the item during shipping may be governed by applicable law, the carrier’s terms and any protection selected on TRAMETE.

1. TRAMETE Protection (CHF 30) When the buyer purchases TRAMETE Protection: - TRAMETE acts as an intermediary and mediator in the event of a dispute (e.g. non-delivery, item significantly not as described, damage in transit). - TRAMETE may request evidence (photos, videos, tracking information, communication logs, etc.). - TRAMETE decides how funds are allocated (refund to buyer, payment to seller, partial split, etc.). Within the limits of applicable law, the decision of TRAMETE under TRAMETE Protection is final. 2. "I don't like it" Protection (5% of item price) When the buyer chooses the "I don't like it" protection: - The buyer may initiate a return within a short period after delivery, even if the item matches the description, provided that the item is returned in substantially the same condition. - Return shipping must be tracked and is usually at the buyer’s cost unless otherwise stated. - Once the seller confirms reception (or the tracking confirms delivery), TRAMETE can refund the item price to the buyer, less any applicable fees, according to the conditions of this protection. 3. No Protection Purchased If neither TRAMETE Protection nor "I don't like it" Protection is purchased: - Disputes are to be resolved directly between buyer and seller. - TRAMETE does not act as a mediator and assumes no responsibility for the outcome of such private arrangements.

If you believe that any content on TRAMETE infringes your rights or violates these Terms, you can submit an infringement notice. To do so, contact: - Legal email: legal@tramete.ch Please include: 1. Your full name and contact details; 2. A description of the content you believe infringes your rights or violates these Terms; 3. A link or other clear identifier of the allegedly infringing content; 4. A brief explanation of why you believe this content is unlawful or infringing. TRAMETE will review your notice and, at its discretion, may take actions such as requesting clarification, removing the content, or restricting the relevant Account.

TRAMETE strives to provide a reliable Service but does not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable, in particular due to: - Maintenance or updates; - Technical issues or failures of third-party services (e.g. hosting, payment providers); - Force majeure or events beyond the reasonable control of TRAMETE. TRAMETE may add, modify or remove features and services at any time (for example, updating the payment flow, adding new protection options, or changing how promotions work). Where changes substantially affect users' rights or obligations, TRAMETE will endeavour to provide appropriate notice in advance when reasonably possible. Users have no acquired right to specific features or functionalities, except where mandatory law provides otherwise.

To the maximum extent permitted by law: - TRAMETE is not responsible for the content of listings or behaviour of users; - TRAMETE does not guarantee the quality, safety, legality, or fitness for purpose of items offered via the Service; - TRAMETE is not liable for contracts concluded between users (buyers and sellers) and is not liable for any failure by a user to fulfil their contractual obligations; - TRAMETE is not liable for indirect damages, consequential losses, loss of profit, data loss, or reputational damage arising from the use or non-use of the Service. For claims directly related to a transaction processed via the Service (where TRAMETE has played a role in payment routing or protection): - The total liability of TRAMETE is limited to the amount of fees received by TRAMETE for the specific transaction in question. Nothing in these Terms excludes or limits liability where such exclusion or limitation is unlawful, including liability for gross negligence or wilful misconduct where applicable under Swiss law.

You use the Service at your own risk. You agree to indemnify and hold harmless TRAMETE, its owner and any affiliates from and against any claims, demands, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with: - Your use of the Service; - Your breach of these Terms; - Your violation of any laws or third-party rights; - Any dispute between you and another user (where TRAMETE is not acting as a mediator under a purchased protection). TRAMETE may, at its discretion, assume the defence of such claims, and you agree to cooperate with TRAMETE in such defence.

TRAMETE may suspend or terminate your Account or restrict your access to parts of the Service at any time, particularly if: - You breach these Terms; - You engage in fraud, illegal activity, or serious misuse; - TRAMETE is required to do so by law or competent authority. You may request the deletion of your Account at any time via the Service (if available) or by contacting TRAMETE from the email address associated with your Account. Termination or deletion of an Account does not: - Affect completed transactions or obligations already incurred; - Automatically delete all data immediately, where TRAMETE is legally required or has legitimate interests (e.g. fraud prevention, legal retention obligations) to retain certain records for a period of time.

These Terms are governed by Substantive Swiss law (excluding conflict-of-law rules). Subject to any mandatory consumer jurisdiction rules, exclusive jurisdiction for all disputes arising out of or in connection with these Terms or the use of the Service lies with the Courts of Zürich, Switzerland.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of TRAMETE to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and TRAMETE concerning the use of the Service, subject to mandatory legal rights that may apply in your country of residence.

For questions, support or complaints regarding the Service or these Terms, you can contact TRAMETE at: - Support email: support@tramete.ch - Legal email: legal@tramete.ch - Postal address: Hohlstrasse 304090, 8004 Zürich, Switzerland TRAMETE welcomes feedback and suggestions. By submitting feedback, you grant TRAMETE a non-exclusive, worldwide, royalty-free license to use such feedback for any purpose without obligation to compensate you.