Terms of Service

1.1 Scope and Validity

These Terms of Service ("Terms") of Masterprod GmbH, In der Breiti 2, 8048 Zurich, Switzerland ("Kukus") govern the rights and obligations relating to the use of the Kukus platform available at kukus.ch and the relationship between Kukus and its members. By logging in to the platform, members confirm these Terms. Kukus reserves the right to modify these Terms at any time; significant changes will be notified in advance.

1.2 The Kukus Platform

Kukus provides a platform for registered members to offer and acquire goods, services, and rights. Kukus is not a party to contracts concluded between members on its platform and assumes no liability for the execution of such contracts.

1.3 Basic Principles

Members may enter into contracts with each other independently and at their own risk. Kukus is not obligated to monitor the behavior of its members or the content published on its platform. There is no right to register, join, or use the platform; Kukus may at any time refuse registration or terminate a membership in accordance with these Terms.

2.1 Registration

Registration and membership are free. Membership is personal and non-transferable. Only individuals or legal entities with full legal capacity may register. Persons under 18 years of age may not be members.

2.2 Requirements

Members must provide complete and accurate information, including:

• Full name and date of birth
• Current primary residence address
• Valid email address
• Phone number (optional)

2.3 Termination of Membership

A member may terminate their membership at any time by contacting support, provided they have no outstanding obligations or active listings. Kukus may exclude a member at any time for factual reasons, particularly in case of non-compliance with these Terms, without the member being entitled to any claim against Kukus.

3.1 Confidentiality of Access Data

Members must keep their passwords secret and must never share them with third parties.

3.2 Technical Restrictions

The use of mechanisms, software, or other systems that could disrupt the proper functioning of the platform is prohibited. Members may not take actions that could result in an excessive burden on Kukus's infrastructure.

3.3 Intellectual Property

All rights to the platform are owned by Kukus. Members grant Kukus a non-exclusive license to use any content they publish on the platform for the purposes of providing the service, marketing, and platform development. Members confirm they are authorized to use any content they publish and are not infringing third-party rights.

3.4 Prohibited Content

Content published on the platform must not infringe the personality rights of third parties, must not be insulting, defamatory, or harassing, and must not include advertising for products not listed on the platform.

3.5 Rating System

Members must provide truthful and objective reviews. Any unfair manipulation of the rating system is prohibited. Kukus reserves the right to delete or correct reviews.

3.6 Private Negotiations

All negotiations regarding price, delivery conditions, and transaction details must be conducted through the platform's private messaging system. Public discussion of transaction terms is not permitted.

4.1 Prohibited Listings

Kukus reserves the right to prohibit the offering of certain products at any time and without justification. It is forbidden to offer products whose sale or use violates legal regulations or public decency. Kukus may remove any offer and inform relevant authorities at any time.

4.2 Content and Categories

Kukus reserves the right to remove offers, text, and images from the platform at any time without providing a reason, including content posted in an inappropriate category. Kukus may also rename, reorganize, or delete categories.

4.3 Listing Quality

Listings with incomplete information or photos that do not clearly show the product in its entirety will be removed without prior notice. Sellers must provide complete, accurate descriptions and clear images of the product being offered.

4.4 Strictly Prohibited Items

The following are strictly prohibited on the platform and will be removed immediately, without discussion and without prior warning:

• Replicas and counterfeit products of any kind
• Medications and pharmaceutical products of any kind — unused medications must be disposed of properly at the nearest pharmacy

4.5 Relisting Policy

Unsold listings may be reposted on the platform every 7 days. Duplicate or simultaneous listings of the same product are not permitted.

5.1 Right to Sell

Sellers may only offer products they are authorized to sell and capable of transferring to the buyer free of encumbrances.

5.2 Accurate Information

Sellers must provide truthful, complete, and non-misleading information about the product, including any defects. The product description forms part of the contract.

5.3 Exclusive Listing

During the period a product is listed on Kukus, the seller may not list the same product for sale elsewhere or grant rights to third parties.

6.1 General

Kukus assumes no responsibility for the fulfillment of contractual obligations between members. Contracts are concluded directly between seller and buyer. The execution of each contract is the sole responsibility of the contracting parties.

6.2 Contract Formation

By placing a bid or confirming a fixed-price purchase, a binding sales contract is automatically concluded between the seller and the buyer. Both parties are obligated to fulfill the contract within 14 days of exchanging the necessary information.

6.3 Product Defects

If a product has a defect not mentioned in the listing description that significantly impairs its value or usability, the buyer must inform the seller within 14 calendar days of delivery.

8.1 Platform as Intermediary Only

Masterprod GmbH, owner of the Kukus brand, operates solely as a technical intermediary providing a tool that enables the exchange of information between users. Masterprod is not a party to any transaction, agreement, or contract concluded between users on the platform, and has no involvement in or control over the negotiations, terms, or execution of any such transaction.

8.2 No Responsibility for Published Content

Each user is entirely and exclusively responsible for all content, data, texts, images, prices, descriptions, and any other information they publish on the platform. Masterprod does not verify, review, monitor, or control the accuracy, completeness, legality, or truthfulness of any content published by users. Masterprod expressly disclaims all responsibility for user-published content and cannot be held liable for any damages arising from it.

8.3 No Verification of User Data

Masterprod does not verify the identity of users, the accuracy of their personal data, or the veracity of any information or representations made by users in connection with their listings or transactions. Users interact with other users entirely at their own risk and are solely responsible for verifying the identity of the other party and the accuracy of any information provided before entering into any transaction.

8.4 No Responsibility for Payments

All payments in connection with transactions on the platform are made directly between buyer and seller. Masterprod does not process, hold, or guarantee any payments and assumes no responsibility whatsoever for payment disputes, failed payments, fraud, chargebacks, or any financial loss arising from payment transactions. Masterprod is not a payment service provider and has no involvement in the transfer of funds between users.

8.5 No Guarantee of Transaction Completion

Masterprod makes no guarantee that any transaction initiated on the platform will be completed. Masterprod is not responsible for the delivery of goods, the quality of products, the fulfillment of contractual obligations by either party, or any loss arising from incomplete, defective, or fraudulent transactions. Users are advised to exercise caution and due diligence before entering into any transaction.

8.6 General Exclusion of Liability

To the maximum extent permitted by applicable law, Masterprod excludes all liability for direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the platform, including but not limited to loss of profits, loss of data, or business interruption, regardless of the legal basis of the claim. The platform is provided "as is" and "as available" without warranties of any kind.