General Terms of Use

General Terms of Use - Horly

Last updated: November 26, 2024

1. Introduction

These General Terms of Use (hereinafter referred to as "Terms") govern the use of the Horly mobile application (hereinafter referred to as "the Application"), a premium marketplace specializing in the purchase and sale of luxury watches, available on the Apple App Store. The Application is operated by ZwapX SA (hereinafter referred to as "we" or "the Company").

2. Premium Access Program

Horly is an exclusive marketplace dedicated to collectors and professionals in the luxury watch industry. Access to the Application is limited to a carefully selected community of verified members. ZwapX SA thoroughly evaluates each access request based on strict criteria of professionalism and expertise in horology.

The verification process includes a comprehensive review of professional background, experience in the luxury watch sector, and reputation within the horology community. Professional references may be requested to ensure the integrity of our community.

3. Ad Control and Validation

All listings are systematically reviewed by ZwapX SA to ensure the accuracy of the provided information. The Company may request additional information or documents at any time.

To be published, a listing must include a high-quality photo clearly showing the watch, a detailed and accurate description, and a price consistent with the market. ZwapX SA reserves the right to reject any listing that does not meet quality standards, remove a listing at any time, or temporarily or permanently suspend a seller's account.

4. Watch Authentication

Only authentic watches may be sold on Horly. The seller guarantees the authenticity of each watch listed and agrees to cooperate with ZwapX SA for any additional verification requests.

ZwapX SA continuously monitors published listings and verifies authentication details. The Company reserves the right to immediately remove any suspicious listing.

Any watch identified as non-authentic will result in the immediate removal of the listing and the permanent banning of the seller’s account. ZwapX SA reserves the right to report information to the competent authorities and pursue legal action in cases of deliberate fraud.

5. Transactions and Payments

During the alpha version of the Application, payments are made directly between users, without escrow services or commissions charged by Horly or ZwapX SA.

The buyer has 24 hours after accepting an offer to make the payment unless otherwise agreed upon by the parties. The seller must confirm receipt of payment through the Application. If payment is not made within the required timeframe, the sale is automatically canceled.

Payments may be made via bank transfer or any other method agreed upon by the parties. Users are responsible for documenting their transactions and retaining proof of payment.

6. Shipping and Delivery

The seller agrees to ship the watch via express delivery within 24 hours of confirming receipt of payment. The seller has the freedom to choose the courier but assumes full responsibility for packaging and insuring the shipment.

The package must be double-wrapped and include adequate shock protection. Security seals are recommended, and all documentation related to the watch must be included in the shipment.

Insurance covering 100% of the declared value is mandatory, and proof of insurance must be provided upon request. The minimum declared value must equal the sale price.

Tracking is mandatory, and the tracking number must be communicated through the Application. Proof of shipment must be retained for at least six months.

7. Marketing Use and Image Rights

ZwapX SA reserves the right to use photos of watches listed on the platform and information about completed sales for marketing and promotional purposes. This includes publication on social media, the website, promotional materials, and marketing communications.

The Company is committed to never disclosing users’ personal information (name, phone number, email address, etc.) in such marketing communications. Photos and sales information will be used anonymously, respecting the confidentiality of the parties involved.

8. Data Protection

ZwapX SA collects and processes identification and contact data, transaction information, sales and purchase history, and user communications. This data is used for user verification, fraud prevention, service improvement, and legal compliance.

Sensitive data is encrypted, and access is strictly restricted. Enhanced security protocols ensure secure data storage. Users have the right to access their personal data, request corrections, delete their accounts, and request data portability.

9. Communication

The Application’s internal messaging system must be used for all transaction-related communications. Messages are retained for the legally required duration, and communication outside the platform is prohibited.

Users must maintain a professional tone, refrain from harassment or threats, and respond to messages within a maximum of 48 hours. The notification system automatically informs users of key transaction steps and requires confirmation of important actions.

10. Dispute Resolution

In the event of a dispute, users must report the issue within 24 hours of receipt for apparent defects and within seven days for hidden defects. Any transaction disputes must be reported within 48 hours.

The report must include photographic documentation and a detailed description of the issue. ZwapX SA facilitates dialogue between parties and analyzes the provided evidence, but its recommendations are not binding.

11. Limitation of Liability

ZwapX SA and Horly are not parties to transactions between users and do not hold funds in escrow. The Company does not guarantee transactions and disclaims all liability for disputes between users.

12. User Conduct

Users agree to act in good faith, provide accurate information, fulfill their commitments, and maintain professional communication. The sale of counterfeit goods, fraudulent attempts, dishonest behavior, and failure to meet deadlines are strictly prohibited.

13. Suspension and Termination

ZwapX SA reserves the right to withdraw access to the Application without notice, delete listings, and permanently ban users in case of violation of the Terms.

14. Modifications to the Terms

ZwapX SA reserves the right to modify these Terms at any time. Users will be informed of significant changes.

15. Governing Law and Jurisdiction

These Terms are governed by Swiss law. Any disputes will be submitted to the competent courts of Geneva.

16. Contact

For any questions regarding these Terms or the use of the Application, contact ZwapX SA at: [e-mail]