CLOSET Genève | Second-hand luxury items

TERMS AND CONDITIONS

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TERMS AND CONDITIONS

These general conditions regulate the rights and obligations relating to the use of the services offered on the website

www.closetgeneve.ch.

ARTICLE 1: SCOPE OF THE PRESENT TERMS AND CONDITIONS

1.1. The present general terms and conditions of sale are intended to govern the relations between :

(i) Mrs. Victoria ULDRY, operating the sole proprietorship of deposit-sales on the Internet under the trade name Closet, 35B Avenue Miremont, 1206 Geneva, Switzerland ("Closet"); and

(ii) Any Internet user using the site (the "Internet User") and referred to as:

— Purchaser if the Internet User purchases one or more items online on the website; or

— Seller if the Internet User has entered into a sale mandate with Closet so that one or more of its items are sold on the Closet Site (jointly with Closet, the "Parties" and each a "Party").

1.2 Closet connects the Seller and the Buyer wishing to sell, respectively acquire, new, and used fashion items and acts as an agent and representative of the Seller. Any sale is concluded directly between the Seller and the buyer.

1.3. The Internet User accepts the present general terms and conditions, as well as any subsequent modifications to it, each time he/she connects to and navigates on the site.

1.4. Closet reserves the right to modify these terms and conditions at any time and replace each time the old version by the most recent version on the site.

ARTICLE 2: USE OF THE SITE

2.1 There is no right to use the site nor any claim to the services of Closet. In particular, Closet may, at any time, exclude an Internet User, including in the event of a violation of these terms and conditions, prohibit the use of the site or remove a service offered on the site at its sole discretion.

2.2 By using the services provided by the site, including the purchase of items for sale on the site, the buyer confirms that he is a natural person of at least 18 years of age with the exercise of civil rights. Minors (under 18 years of age) cannot purchase items on the site.

ARTICLE 3: PROTECTION OF PERSONAL DATA

3.1 Closet undertakes not to infringe on the privacy of Internet users and the confidentiality of information provided.

3.2. The mandatory or optional nature of the data to be provided is indicated at the time of collection.

3.3 This data collection takes place in particular when purchasing an item and contact Closet +41 (0) 79.263.72.53 or info@closetgeneve.ch.

3.4. The personal data requested by Closet are necessary to ensure proper management of sales and purchases made by Internet users via the site and to improve the quality of service provided by Closet.

3.5. The Internet User agrees that Closet keeps all documents, information, and records concerning its activity on the site, including through the use of cookies.

3.6. The Seller agrees that Closet communicates his personal data (name, first name, and email and postal address) to the buyer upon request.

3.3 By authorizing the publication of photos of its articles, the Seller assigns and transfers its copyrights to Closet, which may freely dispose of them for commercial and advertising purposes.

ARTICLE 4: ITEMS OFFERED FOR SALE

A. Items offered for sale on the site

4.1. Closet describes carefully and in detail, the item offered for sale on the site. The description of the item is only an expression of the information given by the Seller and does not constitute a guarantee given by Closet. The information given is provided for information purposes only; it is the same for photographs.

4.2 Closet is not able to carry out checks on the items offered for sale. Therefore, the buyer is required to carry out itself the necessary checks and investigations relating to the items he wishes to acquire. Closet draws, in particular, the attention of Buyers and Sellers to section B. below, which limits the scope of liability of Closet.

B. Exclusion of warranties of Closet

4.3. Closet is under no obligation to carry out any verification or inspection of the items offered for sale. In addition, Closet makes no representation or warranty of any kind, including as to the quality and legality of items offered on the site, the validity or accuracy of descriptions or the ability of sellers to sell items or Buyers to buy them, and any warranty or implied obligation is excluded, subject to obligations for which the law does not allow the exclusion of liability.

4.4 In particular, all written or verbal statements, including those appearing on the site or in any report, comment or evaluation (including the company ENTRUPY), relating to the appearance or quality of an item, including its price or value, are mere expressions of opinion of Closet and may be changed at any time before the item is sold. Therefore, Closet disclaims any liability for any errors or omissions in such statements.

4.5. To assist the Buyer, Closet may be led to mention on the site certain defects or imperfections concerning the item for sale or opinion of authenticity issued by the company ENTRUPY on this article. This information is given only as a guide and does not claim to be exhaustive. It is the responsibility of the buyer to examine the condition of the item sold during 7 days granted to the buyer under his right Satisfied or Refunded provided in Article 6. No return or refund will be considered after this period.

4.6. Any claim of the Seller is limited in any case to the payment of the net proceeds of the sale relating to the item put up for sale by him.

C. Warranties of the Seller

4.7 The Seller warrants to Closet as well as the buyer, that at any time (including but not limited to during the period when the property is entrusted to Closet and at the time of sale):

(i) that he is the owner of the item, or duly authorized by the owner to sell it;

(ii) that the possession and ownership of the article may be validly transferred, at the time the item is entrusted to Closet and at the time of sale, free from any claim, action or potential claim of third parties;

(iii) that all information concerning the authenticity and provenance of the item has been notified to Closet; and

(iv) that there is no knowledge of any information that would render the description of the item inaccurate or misleading.

D. Changes to Advertisements

4.8. Closet reserves the right to modify and/or delete at any time all ads published on its site.

E. Determination of the selling price

4.9. Closet determines the selling price of an item by mutual agreement with the Seller.

4.10. The price displayed on the site and the price agreed upon by mutual agreement with the Seller in the sales mandate differ. Indeed, the price shown on the site includes an additional CHF 30 per item, which includes various costs incurred by Closet (packaging, shipping, and administrative costs) and a rate of 7.7% VAT.

F. Special provisions on the offering for sale of an article

4.11. Closet establishes the description of the item for sale on the site and informs Buyers of the essential characteristics of the item according to the information provided by the Seller. Closet may provide any additional details so that the description and elements of the ad are accurate.

4.12. The Seller undertakes to provide Closet with all information necessary for Closet to establish the description of the item for sale on the site and all certificates and documents to establish its authenticity and origin.

4.13. Closet can not lower the price of an item agreed with the Seller unilaterally without having obtained the prior consent of the Seller on the modification of the selling price of the item.

G. Provisions relating to unsold items

4.14. In accordance with the sales mandate he signed with the Seller, Closet undertakes to publish the announcement of an article on its site for a period of 3 months from the date of publication.

4.15. At the end of this period of 3 months, if the article is not sold, Closet offers the Seller to put the article on sale. If the Seller accepts, then the article is again published on the site for a period of 3 months; however, if the Seller refuses, Closet makes the article available to the Seller, who will pick it up from Closet at his expense.

4.16. If an article is not sold at the end of the additional period of 3 months agreed upon with the Seller, then Closet offers the Seller to recover the article or to give the article free of charge to Closet in order to give it to a charitable association established in Geneva Foyer au Coeur des Grottes.

ARTICLE 5: CONCLUSION OF A SALE

5.1. The sale is concluded once the buyer has validated his purchase, and a confirmation has been sent to him by email.

As of the confirmation, the sale is concluded and deemed perfect.

A. Payment of the order

5.2. The buyer may pay :

(i) by credit card (Mastercard, Visa, American Express),

(ii) by PayPal

5.3. The collection of the buyer's credit card information is ensured by the platform (secure payment & SSL secure connection). The saving of this information is done in any case with the consent of the buyer, on the server of [name of the server]. Under no circumstances, Closet does not store or have access to the bank details of the Purchaser. The payments made are secured by a data encryption procedure to prevent interception of this information by a third party.

5.4. Closet reserves the right not to offer certain payment methods and to refer to other available payment methods. In such a case Closet is not required to state the reasons for its decision.

5.5. Content of the payment. The amount paid by the buyer includes :

(i) The price of the item determined by mutual agreement between Closet and the Seller;

(ii) A VAT rate of 7.7%;

(iii) A lump sum of CHF 30 for various costs incurred by Closet (packaging, shipping, administrative costs).

B. Delivery of the article

5.6. Closet assumes responsibility for the proper performance of the obligation to deliver the item ordered.

5.7. Once the Purchaser has confirmed his order online, and Closet has received the payment of the sale price, Closet ensures the delivery of the articles by delivering the article to the Purchaser within 48 hours if the Purchaser resides in the Canton of Geneva.

5.8. For Purchasers mentioning a delivery address in a Swiss canton other than the Canton of Geneva, Closet sends the items ordered by post.

5.9. Closet uses the FedEx shipping service for all orders placed by Buyers indicating an address, not in Switzerland.

5.10. For any shipment of an item to a Buyer by post, Closet undertakes to send it properly packaged with the additional service "signature" of the Swiss Post (registered mail).

5.11. Closet also ensures that any package whose value exceeds the amount of CHF 1500 is sent with the additional service "insurance." If the value exceeds the amount of CHF 5000, Closet will have to take out transport insurance with an insurance company.

5.12. Closet shall keep proof of dispatch of the package for the month following the date of shipment.

5.13. If the buyer has not received his package, Closet will file a claim with the Post Office.

C. Returning an item

5.14. In accordance with Article 6, the Purchaser has a period of 7 working days from receipt of the item to indicate to Closet if he wishes to return the item purchased (no returns for bags, jewelry and accessories) and request a refund. If the buyer does not confirm his wish to return the item purchased within 7 working days of receipt of the same, he is deemed to have accepted the item as is. No return or refund is possible after this period.

D. Litigation in connection with an item sold

5.15. Any dispute that may arise from the sale of an item will bind only the Buyer and Seller to the exclusion of Closet. Thus, if an item should be the subject of a claim, the buyer is required to inform Closet upon discovery of the defect and may request the communication of the contact details of the Seller. Once notified, Closet undertakes to provide the buyer with the contact details of the Seller (name, surname, postal address, and email) for a settlement of the dispute directly between the buyer and the Seller.

5.16. In case of a dispute between the Seller and the buyer, the intervention and involvement of Closet are excluded, the contract of sale of the article binding only the Seller and the Buyer.

E. Payment of the Seller

5.16. The Seller authorizes Closet to collect on his bank account the price of the sale through the secure electronic payment system set up on the site or by any other means set up by Closet.

5.17. The Commission charged by Closet to the Seller at each sale on its site is equal to 25% of the selling price mentioned in the sales mandate that was concluded between Closet and the Seller.

5.18 The Commission is not due by the Seller in case of return of the item by the buyer and request for refund.

5.19. Following the payment of the price of an item by a Buyer, Closet will proceed to the payment to the bank account indicated by the Seller in the sales mandate, of the sale price, less the amount of the 25% commission due to Closet, the VAT rate of 7.7% and a lump sum of CHF 30 including various costs borne by Closet (packaging, shipping, administrative costs).

5.20. Closet will pay the amount indicated in Article 5.19. to the Seller, 7 working days after the expiry of the period granted to the buyer to exercise his right Satisfied or Refunded and in the absence of return and request for refund of the item by the buyer.

ARTICLE 6: "SATISFIED OR REFUNDED" RIGHT

Closet gives the buyer a right "Satisfied or Refunded" under the conditions of this article.

A. Right of return

6.1 Closet gives the buyer the right to return the item ordered within 7 working days of receipt (no returns for bags, jewelry and accessories), if not satisfied, provided that the security tag has not been removed by the buyer.

6.2. At the end of the 7 working day period, the buyer will no longer be able to benefit from this "Satisfied or Refunded" right, and no return or refund is possible.

B. Return of the item to Closet

6.3. In case of return of the item, the Purchaser must return it directly to Closet without having removed the security tag.

6.4. The Purchaser must return the unworn item, in perfect condition, and with the security tag, using the services of the Swiss Post by mail with the additional service "signature" at its expense (registered mail) to Closet. The item must have been carefully packed. The return of the item is the responsibility of the buyer.

6.5. The shoes must be returned in their original packaging undamaged with the labels attached as originally. This means that the original packaging (i.e. the shoe box) must not be used as a return package.

6.6. The buyer is obliged to ensure that any package whose value exceeds CHF 1500 is sent with the additional service "insurance." If the value exceeds the amount of CHF 5,000, the Seller must take out transport insurance with an insurance company.

6.7. The costs of the return shipment are to be borne by the buyer.

6.8. In the event of a return in accordance with the above paragraphs, the price paid for the item will be refunded to the buyer on the credit card he has used on the site.

6.9. The buyer accepts that only a sum equal to the price of the item will be refunded to him, excluding any other sum or interest.

C. Putting an item back on sale

6.10. Upon confirmation that the request for return has been made within the time limit, Closet will notify the Seller by offering to resell the item on the site.

6.11. In case of refusal, the item will be returned to the Seller at his expense.

ARTICLE 7: RESPONSIBILITIES

A. Exclusion of liability of Closet

7.1. The contract created upon acceptance of the offer to purchase on the site of Closet by the buyer binds the Seller and the Buyer. Closet acts as a representative of the Seller and can not be held responsible for any disputes declared in connection with the sale of an item.

7.2. Closet assumes liability only for direct damage resulting from willful misconduct or gross negligence on its part relating to the assumption of the article only. The liability of Closet for direct damage due to slight negligence - regardless of the legal basis - is explicitly excluded, subject to the mandatory legal provisions in this regard. Any liability of Closet for indirect or consequential damages, regardless of the legal basis, is completely and expressly excluded.

7.3. Any dispute that may arise from the sale of an item will only bind the Buyer and the Seller to the exclusion of Closet.

B. Responsibilities for the use of the site

7.4. Closet reserves the right to suspend, without notice or compensation and liability, access to the site, temporarily or permanently. It does not guarantee that the site is accessible without interruption. It may interrupt access to the website for reasons including maintenance and in case of emergency. It is only bound by an obligation of means concerning the continuity of access to the site. Accordingly, Closet excludes any warranty, condition, or other provisions. It can not be held liable for any damages whatsoever resulting from or related to the use of the site.

7.5. Closet is not responsible for fraudulent use by a third party and the possible consequences of an involuntary order on behalf of the Internet user.

7.6. In case of force majeure, or in case of failure, blockage or difficulty concerning the hardware of Closet, the computer software used by Closet or the Internet network, and in case of suspension of access to the site, the contractual obligations of Closet and the Seller are suspended.

7.7. Hypertext links on the site may refer to other websites. Closet is not responsible for the content or actions of these sites.

ARTICLE 8: MISCELLANEOUS PROVISIONS

8.1. The fact that Closet tolerates any acts contrary to these terms and conditions does not constitute a waiver on its part to rely on these terms and conditions.

8.2. In the event that one or more of the provisions of these terms and conditions would be (en)t ruled out by a legislative or regulatory provision or by a court decision, all other provisions remain applicable.

8.3. By browsing the site, the Internet user acknowledges having read, understood, and accepted without reservation all of these terms and conditions which govern with binding force all relations between Closet, Sellers, and Buyers. This acceptance takes effect from the first navigation on the website of the Internet user and applies to each operation: announcement, offer to purchase, and sale.

8.4 These terms and conditions are an integral part of the sales agreement between Closet and the Seller.

8.5. Closet has the right to modify these terms and conditions according to the evolution of its offer and the market. Any party, therefore, undertakes to regularly consult the general conditions published on the site to take note of the changes that have been made.

8.6. These terms and conditions do not create an agency relationship, subcontracting, joint venture, or employee-employer relationship between Closet and the Internet user.

8.7. The site, its content, catalog, text, illustrations, photographs, and images are the property of Closet and/or third parties contractually bound to Closet, holders of intellectual property rights of the site. It is forbidden to reproduce, represent and/or exploit all or part of the site, its content, catalog, its texts, illustrations, photographs, and images without prior permission from Closet.

8.8. For information or questions, Closet can be reached at the following email address: 35B Avenue Miremont 1206 Geneva.

ARTICLE 9: APPLICABLE LAW AND PLACE OF JURISDICTION

9.1. All disputes in connection with these terms and conditions between Closet and the Buyer or Seller or an Internet user (current or former) are governed exclusively by Swiss law, excluding the rules of conflict.

9.2. The settlement of disputes falls solely within the jurisdiction of the courts of the Canton of Geneva, subject to appeal to the Federal Court of Lausanne, Canton of Vaud.

Geneva, May 2019

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