Terms and Conditions (T&Cs)

Valid from 17 July 2026

These Terms and Conditions govern the rights and obligations relating to the use of the services offered on the websites woowmotors.com, woowmotors.ch, woowmotors.fr and related subdomains (together, the Platform), operated by ATI SARL under the brand WoowMotors.

1. Operator and contact

The Platform is operated by ATI SARL, 16 Rue de Candolle, 1205 Genève, Switzerland (hereinafter ATI, WoowMotors or we). Contact: info@woowmotors.com.

References to “WoowMotors” in these T&Cs mean ATI SARL acting as operator of the Platform.

2. Definitions

• Member: a natural or legal person who has registered an account on the Platform and accepted these T&Cs. Members may be private individuals or professionals (dealers).
• Seller: a Member who publishes a Listing.
• Buyer: a Member who makes or intends to make an Offer on a Listing.
• Listing: an advertisement published on the Platform for a vehicle or related product.
• Offer: a purchase proposal submitted by a Buyer on a Listing through the Platform.
• Deposit: an amount held in the Buyer’s Platform wallet as a seriousness deposit in connection with an Offer (not the vehicle purchase price).
• Commission: the success fee payable by the Seller to ATI when a sale is concluded following use of the Platform.
• Sale Contract: the contract of sale of the vehicle (or product) concluded exclusively between Buyer and Seller.

3. Acceptance and changes

By registering or using the Platform, the Member accepts these T&Cs. ATI may amend these T&Cs. Material changes will be announced with reasonable notice before they take effect. Continued use of the Platform after the effective date constitutes acceptance, unless mandatory law provides otherwise.

These T&Cs are published in French and English. In case of conflict between language versions, the French version prevails.

4. Role of the Platform

WoowMotors provides an online marketplace that facilitates contact, negotiation tools, communication, optional post-sale guidance and related services between Members.

ATI is not a party to the Sale Contract. The Sale Contract is concluded solely between Buyer and Seller. Performance of the Sale Contract (including payment of the vehicle price, delivery, transport, transfer of ownership, warranties between the parties, and any third-party escrow of the purchase price) is the sole responsibility of Buyer and Seller.

ATI does not buy or sell the vehicles listed by Members for its own account through ordinary Listings, does not hold the vehicle purchase price in escrow, and does not organise transport unless a separate written agreement expressly provides otherwise.

5. Account and eligibility

Registration and basic membership are free. Membership is personal and non-transferable. Only persons aged 18 or over with full legal capacity (or validly represented legal entities) may become Members.

Registration data must be complete, accurate and kept up to date. Professional sellers must identify themselves as such and provide the business information reasonably requested by ATI.

There is no absolute right to register or to use the Platform. ATI may refuse registration, restrict features, suspend or terminate an account where reasonably justified (including breach of these T&Cs, fraud risk, or legal requirements).

The Member must keep login credentials confidential and notify ATI promptly of any unauthorised use.

6. Private and professional Members

The Platform is open to both private (consumer-to-consumer) and professional Members. Professionals remain solely responsible for complying with applicable commercial, consumer-protection, tax and advertising rules in their jurisdiction. ATI’s role remains that of a facilitator as described in section 4.

7. Listings and content — Seller responsibility

The Seller is solely responsible for the accuracy, completeness and lawfulness of Listings, descriptions, photographs, vehicle condition statements, mileage, history, title, and any other content published. ATI does not warrant the accuracy of Listings or the condition of vehicles.

The Seller warrants that they are entitled to sell the product free of undisclosed encumbrances and that the Listing does not infringe third-party rights (including intellectual property and personality rights).

Prohibited content includes, without limitation: illegal products, misleading or fraudulent descriptions, content that violates applicable law, spam, unauthorised advertising, and content that circumvents Platform fees.

ATI may remove, refuse or relocate Listings and content at any time where necessary for legal compliance, Platform integrity or quality.

8. Offers and conclusion of the Sale Contract

Buyers may submit Offers through the Platform according to the rules and tools made available. An Offer accepted by the Seller creates a Sale Contract between Buyer and Seller only. ATI is not a contracting party to that Sale Contract.

Members undertake to communicate in good faith and to provide each other with the information reasonably needed to perform the Sale Contract. Specific commercial terms (price adjustments, inspection, payment method for the vehicle price, delivery, transport) are agreed between Buyer and Seller.

Certain Listings may be accessible only to invited Members (private sales). Access to such Listings may be subject to invitation, additional eligibility conditions or confidentiality expectations communicated on the Platform. These T&Cs, including the rules on Offers, Deposits and Commission, apply equally to private-sale Listings.

Members must not manipulate Offers (including shill bidding, multiple accounts for the same Offer, or automated abuse).

9. Wallet and Offer Deposits

Where enabled, Buyers may fund a Platform wallet and place a Deposit when making an Offer. The Deposit is a seriousness deposit intended to support genuine Offers. It is not payment of the vehicle purchase price and is not an escrow of funds for the Seller in respect of the Sale Contract.

Subject to the Platform rules then in force:

• when an Offer is created, the corresponding Deposit may be held;
• if an Offer is declined or expires without acceptance, the hold is normally released back to the Buyer’s available wallet balance;
• if an Offer is accepted, the Deposit may remain held until completion, release or dispute resolution according to Platform processes;
• in case of dispute or failure to complete after acceptance, ATI may decide, on a case-by-case basis and after reasonable review, to refund, forfeit or split the Deposit. Forfeited amounts may be retained by ATI as liquidated damages and/or allocated according to the dispute outcome.

Wallet top-ups, holds and releases are subject to the payment providers and technical processes used by ATI. ATI does not guarantee instantaneous processing.

10. Commission

Publishing a Listing is free of charge, unless optional paid promotion features are selected (such promotion fees are generally non-refundable once the feature has been activated).

When a sale is concluded following use of the Platform, the Seller owes ATI a Commission calculated as follows (currency CHF or EUR depending on the Listing/sale context):

• 6% of the sale price for standard vehicles;
• 12% of the sale price for racing vehicles (as classified on the Platform);
• subject to a minimum of 1 000 and a maximum of 10 000 (CHF or EUR, as applicable).

Commission becomes due according to the invoice or payment request issued by ATI. Late payment may lead to reminders, account restriction and collection measures.

Full refund of Commission on request: the Seller may request a full refund of the Commission by contacting WoowMotors (e.g. info@woowmotors.com). Approved refunds are processed by ATI; processing may take several business days. ATI may request reasonable information to process the request. Refunds are made according to ATI’s payment processes (which may include wallet credit or bank transfer as applicable).

ATI may update Commission rates for future Listings by amending these T&Cs or publishing updated fee information on the Platform.

11. Payment of the vehicle price, transport and escrow

Payment of the vehicle purchase price, choice of payment method, any third-party escrow of the purchase price, delivery, collection and transport are arranged exclusively between Buyer and Seller (and any third party they choose). ATI does not provide escrow of the vehicle purchase price and is not responsible for transport or payment of the vehicle price.

12. Post-sale facilitation

ATI may provide optional tools such as checklists, document reminders or process guidance after an Offer is accepted. These tools are facilitative only and do not make ATI a party to the Sale Contract, a fiduciary, an escrow agent, or a guarantor of performance.

13. Reporting and content moderation

ATI does not undertake continuous monitoring of all Member content. Members and users should report illegal, fraudulent or otherwise prohibited Listings or content through the Platform reporting tools or by contacting info@woowmotors.com.

Once a report is received, ATI takes responsibility for reviewing it and treating it as quickly as reasonably possible, including removal of content and/or account measures where appropriate. Response times depend on the volume and complexity of reports and available information; ATI does not guarantee a specific response time.

14. Identity checks (KYC) and anti-fraud efforts

ATI may request identity or business verification and may use third-party providers. Access to certain features — including submitting Offers above thresholds published on the Platform — may be conditional on successful verification. Verification outcomes (approval, rejection, request for more information) depend on the information supplied by the Member and on providers’ processes.

ATI is not liable for KYC decisions or for the consequences of failed, delayed or incomplete verification, except in cases of fraud or gross negligence by ATI. The Platform puts Members in relation with each other; ATI uses reasonable best efforts to guide Members and to curate the Platform to reduce scam and fraud risk, without guaranteeing that every Member is trustworthy or that every transaction is free of risk.

15. Intellectual property and Platform use

Platform software, design and ATI content remain the property of ATI or its licensors. Members grant ATI a non-exclusive licence to host, display and promote their Listing content on the Platform and in related marketing for as long as needed to operate the service.

Members must not disrupt the Platform, overload infrastructure, scrape data abusively, circumvent security, or use automated systems without ATI’s prior consent.

16. Fees, blocking and termination

A Member may request closure of their account by contacting info@woowmotors.com, subject to settling amounts owed to ATI and ending active Listings/Offers as reasonably required.

ATI may warn, suspend or terminate membership for breach of these T&Cs, illegal activity, fraud risk, non-payment, or other serious cause. Amounts already due remain payable.

17. Liability of ATI

ATI is liable for direct damage caused by its fraud or gross negligence. To the extent permitted by mandatory law, ATI excludes liability for slight negligence and for indirect or consequential damage.

Without prejudice to mandatory consumer rights, ATI is not liable for:

• the Sale Contract or its performance between Members;
• accuracy of Listings or vehicle condition;
• payment of the vehicle price, transport, or third-party escrow;
• acts or omissions of Members or third parties;
• temporary unavailability or maintenance of the Platform, except in case of fraud or gross negligence by ATI;
• KYC outcomes as described in section 14.

Nothing in these T&Cs excludes liability that cannot be excluded under applicable mandatory law.

18. Indemnity

The Member shall indemnify and hold ATI harmless against claims by other Members or third parties arising from the Member’s Listings, content, Offers, Sale Contracts or misuse of the Platform, including reasonable defence costs, except to the extent caused by ATI’s fraud or gross negligence.

19. Personal data

Personal data is processed in accordance with the Privacy Policy available on the Platform.

20. Assignment

ATI may assign or subcontract rights and obligations under these T&Cs. Membership rights are personal to the Member and may not be assigned without ATI’s prior written consent.

21. Severability

If any provision of these T&Cs is invalid or unenforceable, the remaining provisions remain in force. The invalid provision shall be replaced by a valid provision closest to the original intent and economic purpose.

22. Governing law and jurisdiction

These T&Cs and the relationship between ATI and the Member are governed by Swiss law, excluding conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Subject to mandatory consumer jurisdiction rules that cannot be waived, the exclusive place of jurisdiction is Geneva, Switzerland.

Draft for lawyer review — operator: ATI SARL, Genève.