General conditions of use and sale (GCUV)

  • The community Grand Marché

    Introduction

    Welcome to the grand-marche.ch platform, property of Mediaconseil, a company based in Geneva (hereinafter the "LE GRAND MARCHÉ").

    The platform allows the connection between artisans, producers and designers (hereinafter the "Sellers") and registered potential buyers (hereinafter "Buyer") or not registered on the platform (hereinafter the "Visitors"). Any connection performed within the website, in particular between a Buyer and a Seller, requires prior acceptance of the present GCUV. Consequently, users acknowledge that they are fully informed that their agreement concerning the contents of the present GCUV does not require the handwritten signature of this document.

    Users previously registered on the platform as a member (hereinafter "Members"), are also provided with tools for communication between them. All articles, products and services sold on the platform by the Sellers are hereinafter "Products".

    These GCUV regulate the creation of the contract, the use and operation of the online platform. This includes all the features, offers, content, shops and other services (such as the making of professional photos for better visibility of products, or the customizing of shops) that LE GRAND MARCHÉ offers on the www.grand-marche.ch platform.

    The CGUV may be unilaterally revised at any time by LE GRAND MARCHÉ, along with changes or additions made; this in particular, to comply with all legal, jurisprudence, editorial and / or technical developments

    The grand-marche.ch platform

    • LE GRAND MARCHÉ :
      • offers to Sellers the opportunity to present and sell their products through a virtual and personal shop to each Sellers ;
      • provides to Sellers tools to highlight and promote their products ;
      • proposes to Members community tools for interacting with other members and exchange information about their passion.
    • LE GRAND MARCHÉ undertakes to display the Seller's offer on his store according to the type of subscription subscribes. In accordance with the provisions of the Code of intellectual property, posted by LE GRAND MARCHÉ supply the Seller, constitute assignment to LE GRAND MARCHÉ rights of representation and reproduction for the legal duration of the subscription.
    • LE GRAND MARCHÉ is the intermediary between Buyers and Sellers, except as expressly provided herein GCUV.
    • LE GRAND MARCHÉ is not involved in any way in transactions between Buyers and Sellers who decide alone and at their own discretion, the conclusion of sales contracts through the platform.
    • LE GRAND MARCHÉ is neither dealer nor owner of Products offered for sale on the platform, never comes into possession of the products offered for sale does not store products and is not more a depository.
    • LE GRAND MARCHÉ is not involved in any way in the chain of manufacturing, marketing and / or distribution of products (including testing compliance verification, packaging, labelling, transportation or any other activity).
    • So LE GRAND MARCHÉ has no control over the products and cannot guarantee that particular Product of the Vendor satisfy the Buyer.
    • LE GRAND MARCHÉ cannot guarantee to the Seller that the product will not be returned or the sale will not be cancelled by the Buyer.
    • LE GRAND MARCHÉ cannot be held responsible for any claim, dispute and litigation between Members. Each Member agrees to accept not to institute prosecution against Mediaconseil for any damage resulting from this claim, dispute or the dispute. Each Seller is responsible for the content that will be created and put online.

    Services offered by LE GRAND MARCHÉ.

    • Each Buyer or Visitor can open, for free, anytime a shop. It suffices to choose for the period of submission of the tender subscription. There are no sales commissions or limit to the number of products to sale.
    • LE GRAND MARCHÉ may offer to the Seller different services (pay or free) for  :
      • increase the availability of their products in a special place on homepage of the platform.
      • creation of logos and banners for customization the Seller's shop.
      • take professional's pictures, creation of 3D animation, for a pack of products for sale, and put on the Seller's shop
      • réalisation des photos/animation 3D professionnels, pour un pack des produits du Vendeurs, et la mise en place;
      • translation in four languages for the descriptions of Products ;
      • make themselves known by applications on social networks and promoting his shop on his own website or blog via a widget.
    • The platform allows the automatic creation, at the time of creating Seller's account, a personal section in the integrated blog.
    • The content of these blogs / sections remains the intellectual property of their creators. Any copying, republication or redistribution by any means whatsoever is strictly prohibited by law without written permission of the concerned creators.
  • About members

    The member

    • To become a member in LE GRAND MARCHÉ, the Visitor will pre-register and open an account on the platform. Registration is available only to legal entities and individuals over 16 years with the capacity to perform legal acts, subject to minors, having obtained the prior consent of their legal representative. The registration of a legal person shall only be undertaken by a person authorized to represent.
    • Buyers and Sellers are members of the platform.
    • Registration as a Member at LE GRAND MARCHÉ is free.
    • The Member must choose a username (or nickname) and password. The Member agrees not to register as a username infringing the rights of a third party or to copyrights, trademarks, corporate names or signs of another person or of another Member.
    • The Member agrees to create and use a single account unless specifically provided herein GCUV.
    • When registering online, the Member agrees to provide true, accurate and verifiable, current and complete information about its identity. All Members of LE GRAND MARCHÉ must have a proper, unique and valid e-mail address.
    • Each Member is solely responsible for its content (text and images), LE GRAND MARCHÉ playing a role as a technical intermediary liability and has no control over the content before it goes online. The Member shall not provide a content :
      • infringing copyright, patents, trademarks, designs, trade secrets, right of disclosure and / or privacy rights of third parties ;
      • defamatory, abusive, derogatory and / or slanderous ;
      • discriminatory and / or incite violence or racial, religious or ethnic ;
      • obscene and / or paedophile;
      • likely to be qualified misappropriation, fraud, breach of trust or fall under any other criminal offense ;
      • to obtain or attempt to obtain the transfer of money without consideration in the delivery of a product complies with these GCUV of equivalent value to the amount requested ;
      • may damage any computer system or surreptitiously intercept any data or personal information ;
      • engaging or likely to engage the responsibility of LE GRAND MARCHÉ or which results in the loss of the benefit of all or part of the services providers LE GRAND MARCHÉ and in particular internet service providers, payment service providers and / or providers storage ;
      • may undermine the image and / or reputation LE GRAND MARCHÉ or its owner and / or constitute unfair or parasitic competition for LE GRAND MARCHÉ, any other member and / or third;
      • to divert or attempt to divert all or part of buyers or induce some or all buyers do not or no longer purchase on online stores present on the platform ;
      • potentially unfair, harmful, anti-commercial or harmful towards LE GRAND MARCHÉ, any member and / or any third party ;
      • inaccurate or misleading ;
      • that violates or may violate any applicable laws or regulations and / or any contractual clause binding the member.
    • Accepting these conditions, the Member acknowledges that its content (text and images) can be viewed on the platform by any user who can access their profile and monitor its activity.

    The seller

    • Buyer or Visitor can create only one account seller on the platform.
    • The platform allows the Seller to create a unique virtual store through a single account with an associated email address, a name and a user name (or nickname), contact information, a name for the store and a single password. Seller may, if desired, use a different name for his shop.
    • The Seller agrees to pay, via the payment system proposed by LE GRAND MARCHÉ, the amount (including taxes) of the monthly subscription that he chose at registration. The Seller subscribes, except where express and / or discount, for a period of at least three months with tacit renewal. The Seller may at any time request the termination of the contract, according to the methods described in the "My subscription" on the platform. The subscription will take effect if the application (also by email) is made ​​15 days at the latest before the deadline. In case the request would be less than fifteen days before the deadline, termination of contract will expire at the next deadline. The Seller agrees that if the contract is terminated the shop is no longer available on the website.
    • Having chosen and paid his subscription, the Seller can customize and configure his store choosing a photo / logo and banner and the means of payment and delivery provided by the platform.
    • To fill for the first time and after setting up his shop, the Seller has 10 days before the online activation. The subscription period will begin on the date selected for the online activation.
    • The Seller determines alone, without the intervention of LE GRAND MARCHÉ and under its own responsibility, the Products offered for sale on the platform and their conditions of sale and delivery.
    • Seller agrees to    :
      • keep confidential information of buyer and not disclose it;
      • hold all necessary rights to sell any product offered for sale by him on the platform and guarantees LE GRAND MARCHÉ against any claims about the content of an offer to sell a product and / or the execution of the sale;
      • comply with all laws and regulations applicable to the manufacture, marketing and sale of its products;
      • provide buyers with all information about product availability;
      • determine the exact actual characteristics and qualities of each Product offered for sale on his store and forbidden to publish false, incorrect or misleading information;
      • fix the price of the Product offered for sale (including all taxes if applicable), and shall not manipulate the price of a product or interfere with other offers of members;
      • Deliver on his sole responsibility that its products were ordered and paid for, and to inform the buyer on shipping time and shipping on the platform. It is prohibited to fail to deliver the goods that have been purchased; otherwise LE GRAND MARCHÉ cannot be held responsible.
    • In the event that LE GRAND MARCHÉ finds, after a warning of a Member or of its own making, the sale of prohibited products on the platform, LE GRAND MARCHÉ reserves the right to :
      • withdraw from sale any such Product or Product otherwise prohibited herein GCUV  ;
      • block, suspend, terminate or cancel the account of the seller  ;
      • provide the competent authorities with all necessary information relating to any offer for sale and / or purchase of a Product prohibited on the platform, including personal information of members as appropriate, and / or cooperate with the competent authorities in their request.

    The buyer

    • The Visitor may create only one account on the platform. The opening of an account by the Visitor on the platform allows it to become Buyer and buy products or to become a Seller.
    • The Orders placed by buyers on the platform and their implementing rules are governed solely by the terms of sale set by each Seller and available on the platform. The specific conditions of sale for each Seller shall be in accordance with the present GCUV.
    • The Buyer places the order of Products directly from Sellers, LE GRAND MARCHÉ is not a party in the sales process is only an intermediate.
    • The Buyer wishing to purchase a product or service must :
      • provide his identity and communicate the data requested by the Seller to finalize the order ;
      • complete the online order form giving all the references of the products or services;
      • validate the order after having checked the price, inquire about the terms of payment and delivery and ensures to correct any errors before confirming the order to express his acceptance;
      • make payment as provided;
      • confirm the order and pay.
    • Once the Buyer has placed an order for products on the platform, the Buyer agrees that his full name and shipping address and billing are communicated to the Seller for the purposes of the order.
    • The Orders placed by Buyer are independent of each other. If one or more commands are or are not confirmed by the Seller concerned (if this option is available to the Seller), other orders of the Buyer are not obsolete and bind the Buyer. Therefore, the fact that one or more products ordered to one or more seller on the platform will not be available is not a ground for waiver of all products ordered, the Buyer is required by other products available.
    • The confirmation of the order implies acceptance of the conditions of sale established by the Sellers.
    • The set of data recorded and confirmed valid proof of the transaction. Confirmation worth acceptance of transactions.
    • The absence of receipt of the Products ordered, the Buyer shall file a claim with the Seller. If, after 21 days from the date of shipment of an order, no confirmation or claim has been received by the Seller, the transaction will be deemed perfect between the Seller and the Buyer.
    • The Buyer can evaluate the Seller. Any assessment by the Buyer on a specific Product identified in the assessment also implies that the transaction is perfect between the Buyer and Seller.
  • Purchases and sales

    Sales process

    • Each shop on LE GRAND MARCHÉ has its own conditions of sale, payment methods, order processing and delivery (in accordance with the provisions hereof GCUV).
    • To buy on the platform, it must have registered as a Member or sign up as a Member at the time of purchase.
    • The Buyer may add to its basket of products from several online stores and adjust its entire cart at once. After the payment, each Seller will manage its products ordered in accordance with the provisions of these CGUV and his specific conditions of sale.
    • At the end of the order, the Buyer shall pay the price of products ordered.
    • The finalization of the order by the Buyer requires the conclusion of a sales contract only between the Buyer and the Seller.
    • As soon as the Buyer has finalized the order, an order confirmation will be sent to the Buyer and the Seller.
    • Upon completion of the actual payment of the product ordered by the Buyer (except the case of purchase by invoice), the Seller is required to confirm the payment of the order to the Buyer. Seller is responsible for shipping and delivery of the order to the Buyer in accordance with shipping times and delivery to the Buyer announced at the time of order and the applicable legal provisions. The coordinates of the Buyer will be available to the Seller once the confirmation is in accordance with the payment method selected. As soon as the seller is willing to ship the order, it shall inform the Buyer, indicating the date of delivery or time for delivery. If the order is shipped by registered post, the Seller also undertakes to indicate the tracking number on his account. The ordered products are shipped and delivered to the expense and risk of the Seller.
    • Claims, exercises the right of withdrawal and refund requests made ​​by the Buyer shall be sent to the Seller and will be handled directly between the Buyer and the Seller in accordance with Article 65. Transaction shall be deemed terminated after 21 days date of the shipment of the order by Seller, unless a claim is made by Buyer.
    • Once the order is delivered, the Buyer will evaluate the transaction through the evaluation system available in the store of Seller.

    Prices and products

    • The photos and descriptions Products are given for information only. Products and prices are valid only within the limits of available stocks and do not give right to any compensation in case of breach of stock.
    • Prices are quoted (at the time of the order on the online store) in Swiss francs, net amounts including VAT and guaranteed. The special offers (discounts etc.) apply only as long as they are mentioned or while there is a stock.
    • The products are covered by a guarantee under the terms of the offer valid when purchasing. The warranty begins on the date of delivery of the Product, justified by the accompanying document (invoice). The Buyer must keep carefully the accompanying document. Are not covered: damage due to improper maintenance, failure to observe the operating instructions, or normal wear.
    • Packing and transport, a flat fee is calculated and / or communicated in terms of the delivery of each Seller. According to the case, the fixed price will be charged extra (with included taxes).
    • The following products are excluded from any right to exchange and return:
      • customized products (eg, engraved jewellery, tablecloth with monogram, etc. ;
      • hygienic and cosmetic products opened and used ;
      • products specially made ​​for the client and unique patterns designed on request.

    Payment and billing

    • The settlement of the purchase can be made by any means agreements between the Seller and the Buyer. Only the Seller has the right to suspend delivery for payment in advance.
    • LE GRAND MARCHÉ provides to Buyers, means to pay directly to the Sellers: by invoice, by bank transfer, credit card, PayPal service, etc. The Seller, in his shop, specifies the selected payment procedures.
    • In the case of the purchase by invoice (the risks are borne by the Seller), an invoice provided with a payment slip will be included in the delivery, allowing the Buyer to pay the amount of the purchase within 14 days.
    • LE GRAND MARCHÉ implemented on the platform, a secure payment system (SSL) to pay by credit card and Paypal. The Buyer can pay in safe and directly to the Seller the amount of the order at the time of finalization of order.
    • The platform generates a PDF invoice for each order confirmed.
    • LE GRAND MARCHÉ may at any time modify the terms of payment.

    Delivery and shipping

    • In general, shipping will be in Switzerland and Europe.
    • Deliveries outside Switzerland. Buyers outside Switzerland are responsible, directly with the Sellers, the clarification of import products conditions in their own country. Possible special rules and requirements will be agreed between the Seller and the Buyer at the time of the order (recovery of VAT, customs fees, etc.).
    • LE GRAND MARCHÉ provides at choice (for Sellers), different deliveries with shipping costs pre-sent :
      • delivery by the Swiss Post;
      • delivery customizable by the Seller (express, directly to his address or otherwise).
    • Delivery deadline. The products in stock will be sent to the extent possible within 5 business days. Buyer will be notified by the Seller in case of delay in delivery of more than 5 working days. If confused or modified later orders, delivery time will apply from the full clarification of delivery (directly between the Seller and the Buyer). Disruptions in production and transportation as well as cases of force majeure shall be explicitly stated in the specific conditions for sale of each Seller.
    • Shipping damages. The Buyer has the contractual and legal obligation to check the status of the order and its contents and possibly the invoice provided with the package in the presence of the carrier. The sending is performed by the carrier and rates reported by each Seller and accepted by the Buyer at the time of order confirmation. Processing fee for packaging in general are included in the shipping or price. In general, the risk of shipping is the Buyer responsibility. In case of damage to the product due to transportation, it is the Buyer responsibility to clarify the facts and subsequent interventions.

    Cancellation and refund

    • Any return request, claim and refund request by the Buyer shall be sent and notified directly to the Seller without any intervention of LE GRAND MARCHÉ. The Buyer and Seller must find a ground of agreement.
    • The Buyer and Seller will act with all necessary due diligence for the proper resolution of claims and exercises the right of withdrawal, cancellation and refund requests. The final decision to reimburse the Buyer belongs to the Seller.
    • If repeated claims for the same Seller or  Buyer of the same high cancellation rate, LE GRAND MARCHÉ reserves the right to temporarily block the store of the Member concerned, to temporarily suspend or definitively and / or terminate the account of the Member concerned.
    • The Buyer has the right to exchange and return for 14 days.
  • Accountability, security and jurisdiction

    Responsabiliy

    • Each Seller is solely responsible for all Products he is selling on the platform, especially vis-à-vis a Buyer but also vis-à-vis LE GRAND MARCHÉ.
    • Each seller is solely responsible for the execution of the sale agreement with the Buyer.
    • The seller is solely responsible for the compliance of the Product with the applicable regulations.
    • LE GRAND MARCHÉ :
      • is responsible for the operating of the platform.
      • shall in no case be responsible for a request and claim from a Buyer for a Product.
      • shall not be held responsible for the consequences of the content published on the platform.
      • shall not be held responsible for any disputes or conflicts that may arise between Members.

    Duration and termination

    • The services offered by LE GRAND MARCHÉ are provided for an indefinite period.
    • Similarly, these GCUV are concluded for an indefinite period.
    • LE GRAND MARCHÉ or Members have the ability to automatically terminate at any time these CGUV.
    • LE GRAND MARCHÉ can automatically terminate all or part of the services provided to the user (any natural or legal person accessing the site whether members or not), temporarily suspend or permanently remove a Member’s registration and account, restrict the right of access or use all or part of the services, with immediate effect, without prior notice, without notice or compensation: in case of no respect of present GCUV by an user or a member or more generally in cases of violation of laws and regulations in force.

    Security of data

    • To ensure the security of personal data during transmission over the Internet, LE GRAND MARCHÉ uses SSL technology for all forms. Cookies appear on the platform as part of the online execution of the order. Only technical information and any personal cases are saved.
    • The data of Members are treated confidentially. The processing of personal information is subject to Swiss data protection laws.
    • GRAND MARCHÉ is committed to protecting the privacy of users of the platform (grand-marche.ch), buyers and sellers registered on the platform and the confidentiality of information provided by Member through the platform.
    • The Members have the responsibility to keep their password confidential.
    • The Members have at all times the right to access and modify their personal data.
    • By subscribing to the newsletter of the platform, the Members are assured that their email address will only be used for informational purposes about the platform’s special offers. At the same time the Sellers have the ability to safely send to other Members, their own newsletters on new products. At any time, the Members may also unsubscribe by clicking “unsubscribe”.

    Applicable law and jurisdiction

    • These GCUV are governed by and construed in accordance with Swiss law. The forum is in Geneva, Switzerland.
    • Each Member undertakes to respect the laws, regulations and standards of all kinds in force relating to the use of services offered via the platform, offering for sale, purchase, solicitation of offers to purchase and / or sale of Products.