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.monjolitresor.ch

ARTICLE 1. SCOPE OF APPLICATION

1.1. The purpose of these general conditions of sale is to govern the relations between:

(i) Mrs Maria RODRIGUES, operating the sole proprietorship of internet consignment-sale under the trade name Mon Joli Trésor, 32 Rue des Boucheries 1290 Versoix, Switzerland ("Mon Joli Trésor"); and

(ii) Any Internet user using our website (the "Internet user") and designated as:

Buyer if the Internet user buys one or more articles online on the website; or

Seller if the Internet user has concluded a sales mandate with Mon Joli Trésor so that one or more of its items may be sold on the website (jointly with Mon Joli Trésor, the "Parties" and each a "Party").

1.2. Mon Joli Trésor 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. All sales are made directly between the Seller and the Buyer.

1.3. The Internet user accepts these general conditions, as well as their possible subsequent modifications, each time he connects and browses our website.

1.4. Mon Joli Trésor reserves the right to modify these general conditions at any time and to replace the old version each time with the most recent version on the site.

ARTICLE 2. USE OF THE SITE

2.1. There is no right to use our website or claim to the services of Mon Joli Trésor. In particular, Mon Joli Trésor may at any time exclude an Internet user, in particular in the event of a violation of these general conditions, prohibit the use of our website or remove a service offered on it, at its sole discretion.

2.2. By using the services offered by our website, in particular by purchasing items offered for sale on it, the Buyer confirms that he is a natural person of at least 18 years of age with the exercise of civil rights. Minors (under the age of 18) cannot buy items on our website.

ARTICLE 3. PROTECTION OF PERSONAL DATA

3.1. Mon Joli Trésor undertakes not to infringe the privacy of Internet users and the confidentiality of the information provided.

3.2. The mandatory or optional nature of the data to be provided is indicated when they are collected.

3.3. This data collection takes place in particular when purchasing an item and making contact with Mon Joli Trésor +41 (0) 78 846 87 68 or contact@monjolitresor.ch.

3.4. The personal data requested by Mon Joli Trésor are necessary to ensure proper management of sales and purchases made by Internet users via our website, as well as to improve the quality of the service provided by Mon Joli Trésor.

3.5. The Internet user accepts that Mon Joli Trésor keeps all documents, information and records concerning his activity on our website, in particular by the use of cookies.

3.6. The Seller accepts that Mon Joli Trésor communicates his personal data (name, first name and email and postal address) to the Buyer, at the latter's request.

3.3 By authorizing the publication of photos of its articles, the Seller assigns and transfers its copyright to Mon Joli Trésor, which can freely dispose of it for commercial and advertising purposes.

ARTICLE 4. ITEMS FOR SALE

A. Items for sale on the site

4.1. Mon Joli Trésor describes carefully and in detail the item offered for sale on the website. The description of the item is solely the expression of the information given by the Seller and does not constitute a guarantee given by Mon Joli Trésor. The information given is provided for information only, the same applies to photographs.

4.2. Mon Joli Trésor is not in a position to verify the items offered for sale. Consequently, the Purchaser is required to carry out the necessary checks and investigations himself relating to the items he wishes to acquire. Mon Joli Trésor draws the attention of Buyers and Sellers in particular to section B. below which limits the extent of Mon Joli Trésor's liability.

B. Exclusion of guarantees from Mon Joli Trésor

4.3. Mon Joli Trésor is under no obligation to carry out any verification or inspection of the items offered for sale. Furthermore, Mon Joli Trésor makes no declaration and gives no guarantee of any kind, in particular as to the quality and legality of the items offered on the website, as to the validity or accuracy of the descriptions or as to the ability of Sellers to sell the items or Buyers to purchase them, and any implied warranty or obligation is excluded, subject to those obligations for which the law does not allow exclusion of liability.

4.4. In particular, all written or verbal statements, including those appearing on our website or in any report, comment or review, relating to the appearance or quality of an item, including its price or value, are simple expressions of opinion from Mon Joli Trésor and can be changed at any time before the item is sold. Consequently, Mon Joli Trésor declines all responsibility for any errors or omissions made in such statements.

4.5. To assist the Buyer, Mon Joli Trésor may have to mention on the website certain defects or imperfections concerning the item for sale or an opinion of authenticity on this item. This information is given for information only and does not claim to be exhaustive. It is the Purchaser's responsibility to examine the condition of the item sold during the 48-hour period granted to the Purchaser within the framework of his Satisfied or Refunded right provided for in article 6. No return and no refund will be made. taken into consideration after this period.

4.6. Any complaint by the Seller is limited in any event to the payment of the net proceeds of the sale relating to the item put on sale by him.

C. Seller's guarantees

4.7 The Seller guarantees to Mon Joli Trésor as well as to the Buyer, that at all times (including but not limited to during the period when the good is entrusted to Mon Joli Trésor and at the time of the sale):

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

(ii) that possession and ownership of the item can be validly transferred, at the time the item is entrusted to Mon Joli Trésor and at the time of sale, free from any claim, action or potential claim by third parties;

(iii) that all information concerning the authenticity and provenance of the article has been notified to Mon Joli Trésor; and

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

D. Changes to announcements

4.8. Mon Joli Trésor reserves the right to modify and / or delete at any time any advertisements appearing on its website.

E .. Determination of the selling price

4.9. Mon Joli Trésor determines the selling price of an item by mutual agreement with the Seller.

F. Special provisions on the sale of an item

4.10. Mon Joli Trésor establishes the description of the item for sale on the website and informs Buyers of the essential characteristics of the item according to the information provided by the Seller. Mon Joli Trésor can provide any additional details so that the description and the elements of the advertisement are accurate.

4.11. The Seller undertakes to provide Mon Joli Trésor with all the information necessary for Mon Joli Trésor to be able to establish the description of the item for sale on the website as well as all the certificates and documents making it possible to establish its authenticity and its origin.

4.12. Mon Joli Trésor cannot lower the price of an item unilaterally agreed with the Seller without having obtained the prior consent of the Seller on the modification of the sale price of the item.

G. Provisions relating to unsold items

4.13. In accordance with the sales mandate that it signs with the Seller, Mon Joli Trésor undertakes to broadcast the advertisement of an article on its site for a period of at least 1 month from the date of publication.

4.14. At the end of this 1 month period, if the item is not sold, Mon Joli Trésor offers the Seller to display the item for 1 additional month at a reduced price. If the Seller refuses, Mon Joli Trésor makes the item available to the Seller, who will pick it up from Mon Joli Trésor at his expense.

4.15. If an item is not sold at the end of the additional period of 1 month fixed by mutual agreement with the Seller, then Mon Joli Trésor offers the Seller to recover his item.

4.16. If the Seller does not recover his item within 6 months after the date of publication, Mon Joli Trésor reserves the right to consider this item as having been abandoned and then becomes its owner. Thus, Mon Joli Trésor is entitled to donate the items to charities or to resell them at a very low price during markets and flea markets, without the custodian being able to claim due.

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.
From the confirmation, the sale is concluded and deemed perfect.

A. Payment of the order

5.2. The Buyer can pay:

(i) by credit card (Mastercard, Visa, American Express, via the supplier SumUp),

(ii) by bank transfer (via the provider Wix Payments)

(iii) in store (in cash or by credit card)

5.3. The collection of the Buyer's credit card information is provided 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 [Server name]. In any case, Closet does not store or have access to the bank details of Buyers. The payments made are secured by a data encryption procedure in order to prevent the interception of this information by a third party.

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

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

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

(ii) A VAT rate of 7.7%;

B. Delivery of the item

5.6. Mon Joli Trésor assumes responsibility for the proper performance of the obligation to deliver the item ordered.

5.7. As soon as the Buyer has confirmed his order online and Mon Joli Trésor has collected payment for the sale price, Mon Joli Trésor will deliver the items by delivering the item to the Buyer within the time limits set out in the order. 'purchase.

5.8. Mon Joli Trésor uses the La Poste shipping service for all orders placed by Buyers indicating an address in Switzerland.

5.9. For any shipment of an article to a Buyer by post, Mon Joli Trésor undertakes to send it suitably packaged with the additional "signature" service of the Swiss Post (registered mail).

5.10. Mon Joli Trésor keeps proof of shipment of the package for one month following the date of shipment.

5.11. In the event that the Buyer has not yet received his package, it is up to Mon Joli Trésor to file a complaint with the Post Office.

C. Return of a sold item

5.12. In accordance with article 6, the Buyer has a period of 48 hours from the order of the article to indicate to Mon Joli Trésor if he wishes to return the purchased article and request a refund (except jewelry and accessories ). If the Buyer does not confirm his wish to return the purchased article within 48 hours from the date of ordering it, he is deemed to have accepted the article as is. No return or refund is possible after this period.

5.13. Returns of jewelry and accessories are not accepted. The buyer can request more photos, videos of the item but there is no return possible for these parts.

Sale items cannot be returned or exchanged.

D. Dispute relating to an item sold

5.14. Any dispute that may result from the sale of an item will only bind the Buyer and the Seller to the exclusion of Mon Joli Trésor. Thus, if an item should be the subject of a complaint, the Buyer is required to inform Mon Joli Trésor as soon as the defect is discovered and may request the communication of the Seller's contact details. Once notified, Mon Joli Trésor undertakes to provide the Buyer with the Seller's contact details (last name, first name, postal address and email address) for a settlement of the dispute directly between the Buyer and the Seller.

5.15. In the event of a dispute between the Seller and the Buyer, the intervention and involvement of Mon Joli Trésor is 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 Mon Joli Trésor to collect the sale price from his bank account through the secure electronic payment system set up on the website or by any other means set up by Mon Joli Trésor.

5.17. The Commission invoiced by Mon Joli Trésor to the Seller for each sale on its website varies according to what has been agreed with the Seller in advance, depending on the sale price mentioned in the sales mandate that was concluded between Mon Joli Trésor and the Seller. Indeed, this is generally equal to 50% of the sale price, but it is often lower for high value items.

5.18 The Commission is not due by the Seller in the event of the return of the article by the Buyer and request for reimbursement. This is why we leave a period of 48 hours after the sale of an item before contacting the Seller, in order to ensure that the "Satisfied or Refunded" right is no longer valid.

5.19. Following the payment of the price of an item by a buyer, Mon Joli Trésor will proceed to the payment into the bank account indicated by the Seller in the sales mandate, of the price of the sale, less the amount of the commission due to Mon Joli Trésor . If desired, the Seller can also collect his due directly in the store in cash against a signature.

5.20. Mon Joli Trésor will pay the amount due to the Seller, 14 days after the date of the sale and in the absence of a return and request for a refund of the item by the Buyer.

ARTICLE 6: "SATISFIED OR REFUNDED" RIGHT

Mon Joli Trésor grants the Buyer a "Satisfied or Refunded" right under the conditions of this article.

A. Right of return

6.1 Mon Joli Trésor grants the Purchaser a right to return the item ordered within 3 days (except jewelry and accessories), if he is not satisfied, provided that the bracelet of security has not been removed by Buyer (if any) and the item is not on sale.

6.2. At the expiration of the 3-day period, the Buyer will no longer be able to benefit from this "Satisfied or Refunded" right and no return or refund is possible.

6.3 In order to benefit from the "Satisfied or Refunded" right, the Purchaser must imperatively make a return request by completing the Return Form available on the website, under the "Delivery and Returns" tab within a maximum period of 48 hours. . After this period, the "Satisfied or Refunded" right can no longer be guaranteed.

B. Return of the article to Mon Joli Trésor

6.4. The Buyer must return the item not worn, without having removed the item's security bracelet (if there is one), in perfect condition and using the services of the Swiss Post by courier with the additional service "signature" at his expense (registered mail), at Mon Joli Trésor. The item must have been carefully packed. The return of the article is made under the responsibility of the Buyer.

Security bracelets

6.5. The shoes must be returned in their original, undamaged packaging with the tags attached as originally. This means that the original packaging (i.e. shoebox) must not be used as the shipping packaging in the event of a return.

6.6. The Buyer must ensure that any parcel whose value exceeds the amount of CHF 1500.- is sent with the additional "insurance" service. If the value exceeds the amount of CHF 5000.- the Seller must take out transport insurance with an insurance company.

6.7. The return costs are the responsibility of 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 according to the means of payment used on the website.

6.9. The Buyer agrees to be reimbursed only an amount equal to the price of the item, to the exclusion of any other amount or any interest.

C. Releasing an Item for Sale

6.10. As soon as the return request has been confirmed within the time limit, Mon Joli Trésor will put the item back for sale on the website.

ARTICLE 7: RESPONSIBILITIES

A. Exclusion of the liability of Mon Joli Trésor

7.1. The contract created when the Buyer accepts the offer to purchase on the Mon Joli Trésor site is binding on the Seller and the Buyer. Mon Joli Trésor acts as the Seller's representative and cannot be held responsible for any disputes declared in connection with the sale of an item.

7.2. Mon Joli Trésor assumes responsibility only for direct damage resulting from fraud or gross negligence on its part relating to the coverage of the item only. The liability of Mon Joli Trésor for direct damage due to slight faults - regardless of the legal basis - is expressly excluded, subject to the mandatory legal provisions in the matter. Any liability of Mon Joli Trésor for indirect or consequential damages, whatever the legal reason, is entirely and expressly excluded.

7.3. Any dispute that may result from the sale of an item will only bind the Buyer and the Seller to the exclusion of Mon Joli Trésor.

B. Responsibilities for the use of the site

7.4. Mon Joli Trésor reserves the right to suspend, without notice or compensation and without incurring any liability, access to the site, temporarily or permanently. It does not guarantee that the website is accessible without interruption. It may interrupt access to the site for reasons in particular of maintenance and in case of emergency. It is only bound by an obligation of means concerning the continuity of access to the site. Consequently, Mon Joli Trésor excludes all guarantees, conditions or other provisions, and cannot be held responsible for any damage resulting from or linked to the use of the website.

7.5. Mon Joli Trésor is not responsible for fraudulent use by a third party and the possible consequences of an involuntary order in the name of the Internet user.

7.6. In the event of force majeure, or in the event of a breakdown, blockage or difficulty concerning the computer equipment of Mon Joli Trésor, the computer software used by Mon Joli Trésor or the Internet network, and in the event of suspension of access to the site web, the contractual obligations of Mon Joli Trésor and the Seller are suspended.

7.7. Hypertext links on the website may refer to other sites. Mon Joli Trésor is not responsible for the content or actions of these sites.

ARTICLE 8: MISCELLANEOUS PROVISIONS

8.1. The fact that Mon Joli Trésor tolerates any actions contrary to these general conditions cannot constitute a waiver on its part to invoke said general conditions.

8.2. In the event that one or more of the stipulations of these general conditions will be excluded by a legislative or regulatory provision or by a court decision, all the other provisions will remain applicable.

8.3. By browsing our website, the Internet user acknowledges having read, understood and accepted without reservation all of these general conditions which govern with binding force all relations between Mon Joli Trésor, Sellers and Buyers. This acceptance takes effect from the first navigation on the Internet user's website and applies to each operation: announcement, offer to buy and sell.

8.4 These general conditions are an integral part of the sales mandate concluded between Mon Joli Trésor and the Seller.

8.5. Mon Joli Trésor has the right to modify these general conditions according to the evolution of its offer and the market. Any party therefore undertakes to regularly consult the general conditions published on our website to take note of the changes that have been made.

8.6. These general conditions do not create any agent, subcontracting, joint venture or employee-employer relationship between Mon Joli Trésor and the Internet user.

8.7. The website, its content, catalog, texts, illustrations, photographs and images are the property of Mon Joli Trésor and / or third parties contractually linked to Mon Joli Trésor, holders of the intellectual property rights of the site. It is prohibited to reproduce, represent and / or use all or part of the site, its content, its catalog, its text, illustrations, photographs and images without the prior authorization of Mon Joli Trésor.

8.8. For any information or question, Mon Joli Trésor can be contacted at the following email address: 32 Rue des Boucheries, 1290 Versoix.

ARTICLE 9: APPLICABLE LAW AND LEGAL FORCE

9.1. All disputes relating to these general conditions between Mon Joli Trésor and the Buyer or the Seller or an Internet user (current or former), fall exclusively under Swiss law, to the exclusion of conflict rules.

9.2. The settlement of disputes falls exclusively under the jurisdiction of the courts of the canton of Geneva, subject to appeal to the Federal Court of Lausanne, canton of Vaud.

Versoix, November 2020

Droit Satisfait ou Rembouré