General Terms of Use

1. Purpose of the platform

BarMaker.ch is a direct connection platform between, on the one hand, professionals in bars, restaurants and hotels (hereinafter “ Buyers ”) and, on the other hand, premium manufacturers of equipment and products intended for the hotel and restaurant industry (hereinafter “ Manufacturers ”).

BarMaker.ch acts exclusively as an introducing broker within the meaning of article 412 of the Swiss Code of Obligations (CO). It holds no stock, does not replace any party and provides no after-sales service.

2. Registration

Registration is free, with no subscription or listing fees. Professional buyer accounts are validated automatically. Manufacturers are subject to BarMaker.ch editorial selection: each business is reviewed before being listed (average time: five working days). Users warrant the accuracy of the information provided.

3. Role of BarMaker.ch

• Selecting Manufacturers according to a publicly available quality framework.
• Publishing product and manufacturer listings.
• Operating the Stripe Connect payment process.
• Calculating and collecting the connection commission.

BarMaker.ch does not take part in the manufacture, quality control, dispatch, delivery, after-sales service or warranty of the products, all of which are the sole responsibility of the Manufacturer.

4. Manufacturer obligations

• Guarantee the availability of the announced stock before publication.
• Deliver any product subject to a paid order or, failing that, refund the Buyer in full through the process provided for this purpose (see article 7).
• Assume sole responsibility for after-sales service and statutory and contractual warranties.
• Comply with the framework of six quality criteria displayed on the platform.

5. Buyer obligations

• Use the platform for strictly professional purposes.
• Pay the stated price through the secure Stripe payment process. No payment outside the platform is permitted.

6. Non-circumvention clause

For the entire period of their use of the platform and for twenty-four (24) months after their last interaction, the Buyer and the Manufacturer undertake not to enter into any direct transaction outside BarMaker.ch concerning products, references or categories discovered through the platform.

Any breach of this clause entails, as a penalty clause within the meaning of article 160 CO, immediate payment to Lionel Goncalves BarMaker.ch of liquidated damages equal to 150 % of the amount of the circumvented transaction, without prejudice to the right to require actual performance of the transaction through the platform and to claim compensation for any additional loss.

7. Payment, commission and refund

Payments are made through Stripe Connect, in Swiss francs (CHF), with simultaneous display in the Buyer’s local currency. The BarMaker.ch commission is deducted automatically :

• 25 % on the 0 – 10 000 CHF tranche
• 20 % on the 10 000 – 50 000 CHF tranche
• 17 % on the 50 000 – 200 000 CHF tranche
• 15 % above 200 000 CHF (contractual minimum)

Calculation basis : the Manufacturer’s gross turnover excluding taxes over a rolling 12-month period.

In the event of a refund, the Manufacturer initiates the full refund through its dashboard. In accordance with article 412 CO, the brokerage commission remains payable to Lionel Goncalves BarMaker.ch in all cases, provided that the connection has resulted in the conclusion of a contract.

8. Disputes between Buyer and Manufacturer

In the event of non-delivery or a dispute, the Buyer has 7 days to notify BarMaker.ch. An administrative escalation procedure may be initiated to compel the Manufacturer to make a refund. BarMaker.ch does not advance any funds.

9. Suspension and termination

BarMaker.ch may suspend or close an account in the event of a breach of these Terms of Use, including breach of the non-circumvention clause, repeated non-delivery or fraud.

10. Liability

BarMaker.ch accepts no liability for the quality, conformity, delivery or warranty of the products, which are the sole responsibility of the Manufacturer. BarMaker.ch’s liability is strictly limited to the technical provision of the platform.

11. Applicable law and jurisdiction

These Terms of Use are governed by Swiss law. Any dispute shall be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, venue of Lavey-les-Bains.