GENERAL TERMS AND CONDITIONS
ARTICLE 1: SCOPE OF APPLICATION
The present general terms of sale are intended to regulate the relations between:
- The company JBY S.A. 59 route des Jeunes 1212 Grand-Lancy/ Geneva, editor of the website MyPrivateDressing and
The site brings together Sellers and Buyers wishing to sell premium fashion products, both new and used and acts as a trusted third party between the Buyer and the Seller : when a Buyer purchases a product, the transaction amount is debited from Buyer's payment method and credited to the Seller account after the Buyer has received the item and confirmed his satisfaction.
The Site plays an intermediary role and cannot be held responsible for disputes declared outside a period of 3 working days from the date of receipt of the package (date as per postmark) following receipt of the item by Buyer, binding only the Buyer and Seller. In this case, MyPrivateDressing will be able to do everything possible to help the parties reach a compromise.
ARTICLE 2: REGISTERING ON THE WEBSITE
2.1. Opening an account
In order to register on the site, the User has to create an account. The User undertakes to update the information supplied to MyPrivateDressing as soon as possible. He is solely responsible for any consequences of failure to update such information. The User must either be at least 18 years of age or be the legal representative of a legal person.
The username and password are strictly personal and confidential. The registered User is only authorized to access the Website using the username and password. The User agrees not to provide access to any other person under his identity or username.
The User agrees not to create or use other accounts than that which he initially created, be it under his own identity or that of third parties. Any derogation from this rule will be subject to an explicit request from the user and express authorization from MyPrivateDressing. Creating or using new accounts under one’s own identity or that of others without having requested and obtained permission from MyPrivateDressing may result in immediate suspension of the User’s accounts and all related services.
As soon as an Item has been sold on the website, the Buyer agrees that his full name and delivery address are revealed to the Seller for shipping the product bought to the Buyer. The Seller agrees to keep these information confidential and not to disclose them.
2.2. Creating a profile page
Once registered on the website, a User is assigned a Profile Page. The pseudonym used when registering will be automatically used on the Profile Page. Among the information appearing on the Profile Page in case it was provided by the User on the "Personal Information" page, will include surname, the Seller's quality (individual, professional or blogger), postal code, city, the User’s profile picture. The Profile Page could also contain other information on items already sold by the User, his rating by other Users, ...
2.3. Rules of good conduct
The User undertakes not to provide their contact information (logos, phone number, address, email ...) in their ads or in questions and answers relating thereto, or in the name or catalog description. Otherwise, MyPrivateDressing will remove this information without having made any prior demand to the Internet User. The User undertakes not to make direct contact with other Users except in the comments area provided on the website for this purpose.
The User undertakes not to use the website, specifically through comments, for statements which are indecent, abusive, and defamatory or anything that may prejudice the reputation of other Users. In case of non-compliance with this obligation, MyPrivateDressing reserves the right to suspend the User’s account without prior notice. In case of repetition, MyPrivateDressing reserves the right to permanently terminate the User’s account.
The User agrees not to publish photographs whose content would be inappropriate (nudity, violence ...). MyPrivateDressing reserves the right to remove any content it deems inappropriate and also delete the accounts of Users in some cases.
ARTICLE 3: PERSONAL INFORMATION AND THE PROTECTION OF PERSONAL DATA
3.1. MyPrivateDressing undertakes not to infringe the privacy of Users of the Site and the confidentiality of information provided.
When registering on the Site, the User must provide personal information including name, surname, email address, date of birth. The User can communicate their landline and mobile numbers as well as information on their bank details and other optional information such as their profession, tastes and preferences among others. The mandatory or optional data to provide is indicated at the time of their collection.
This collection takes place in case of registration on the Site, updating the Personal Information page, creating a Profile, purchasing or selling of an Item, browsing on the Site, consulting of the catalog Items and contact made with Customer Service.
Following the registration on the Site, the User will receive regular commercial offers sent by MyPrivateDressing or MyPrivateBoutique.
In no case will the address of the User be given to another User except in the case of an Item Purchase.
The personal data requested by MyPrivateDressing are needed to manage the actions performed by Users through the Site, and to improve the quality of service provided by MyPrivateDressing.
3.2. The User can at any time access personal information concerning him which he has submitted to MyPrivateDressing and thus make any necessary changes - including unsubscribing to newsletters and commercial offers. The User may also request corrections, additions, clarifications, updates or deletion; by contacting the Customer Service of MyPrivateDressing at the following email address: firstname.lastname@example.org
3.3. The User accepts that MyPrivateDressing archives all documents, information and records concerning his/her activity on the Site.
3.4. The User accepts that MyPrivateDressing retouches photos of items that will be uploaded to maximize their visibility. The User further agrees that MyPrivateDressing may communicate on certain items that he/she has published for sale.
3.5 By publishing pictures of articles, the Seller transfers copyrights to MyPrivateDressing who can use all published pictures for commercial and marketing activities.
ARTICLE 4: ITEMS FOR SALE
4.1. General Provisions
The Seller agrees to make sure that any Item put for sale must correspond to a material or property available immediately at his/her disposal and to which he/she has full ownership and sales right. The Seller agrees to make sure that the items do not have any visible spot, hole, tear nor indelible mark.
The price of the Item may not be less than CHF 20.-
Items like lingerie, underwear, tights, socks and nightwear cannot be sold.
In his/her announcement, the Seller undertakes to describe the Item offered for sale according to the form proposed by the Site. The Item description must correspond to its actual characteristics. The Seller also agrees to keep its current inventory updated.
4.2 Prohibition of Sale
The Seller agrees to make sure that the items are fully consistent with public order, morality, the laws in force in Switzerland, as well as third party rights and that they are not likely to offend the sensibility of juveniles.
Users agree not to sell or acquire, directly or indirectly through the Site, Items infringing intellectual property rights (counterfeits).
To fight against the sale of counterfeit items, MyPrivateDressing will systematically verify the product listing. MyPrivateDressing may require the Seller to provide information (evidence of authenticity, invoice) or additional photographs on an Item. In case of doubt about the authenticity of an Item, MyPrivateDressing reserves the right to refuse the product listing from being uploaded.
Users undertake to inform MyPrivateDressing immediately if they find that an Item does not comply with the provisions of this Article, by sending an e-mail to the following address: email@example.com
In the event of the sale of one or more counterfeit items, MyPrivateDressing reserves the right to suspend the User’s account and inform corresponding judicial authorities.
4.3. Modification of Listings
MyPrivateDressing reserves the right to alter and / or remove any Product Submissions or to request that the Seller alters and / or removes any Product Listings, especially if the Seller has not published the Item in the appropriate category or has contact information indicated in the Listing.
The Seller warrants to have the legal right of publishing all content including but not limited to product pictures, descriptions and graphics relating to the Product Listing. All Item photographs must be taken by the Seller. MyPrivateDressing reserves the right to remove any published picture that was not taken by the Seller.
4.4. Determination of the sale price
The Seller determines the Selling Price of the Item under his sole responsibility. MyPrivateDressing draws particular attention to the fact that Seller has a responsibility not to set a grossly excessive price.
However, the Selling Price of the Item cannot be less than CHF 20.-
If in doubt when determining the Selling Price of an Item, the Seller may seek advice from MyPrivateDressing by sending an e-mail to: firstname.lastname@example.org
To discourage the sale of counterfeit luxury brand, the Seller shall determine a Selling Price under the following conditions:
- The Selling Price for a new Item must not be excessively lower than the Store Retail Price (for example, the Selling Price must not be less than 25% of the Store Retail Price so as to offer a maximum discount from the Store Retail Price of 75% - this means that for items worth CHF 1000.- in store, the Selling Price on the Site should not be less than CHF 250.-)
- The Selling Price for a gently used Item should not be over excessively lower than the Store Retail Price (for example, less than 15% of Retail Price - this means that for items worth CHF 1000.- in store, the proposed Selling Price on the Site should not be less than CHF 150.-).
MyPrivateDressing will not accept or remove any luxury brand Item Listings not complying with these provisions.
4.5. Seller may indicate the shop sale price
If the Seller does not know the exact Store Retail Price for an Item, he/she may indicate the best estimate. This Retail Price corresponds or tends to the Price which the Seller claims to have paid for the listed Item. The User is warned that this Retail Price has not been verified by MyPrivateDressing. The User is also warned that the percentage of savings indicated for each Item has been calculated from the Retail Price provided by the Seller and that this data is not contractual and strictly for information purposes.
4.6. Various provisions regarding the sale of an Item
The Seller is solely responsible for the obligation of informing the Buyers of the essential characteristics of his/her Item. He/She is solely responsible for the description of the goods he/she sells. He/she guarantees MyPrivateDressing any claim relating to the content and form of the given description. The Seller agrees to perform all validations, checks and provide necessary details so that the description and all elements of the Listing be true and do not induce the Buyer in error.
The seller will not publish more than one Listing per Item. MyPrivateDressing reserves the right to remove any Listings that appear multiple for a single Item.
4.7. Dispositions particularly relative to the promotion program
MyPrivateDressing undertakes to broadcast the Seller’s Product Listing on the Site for a period of 6 months as of the publishing date. Beyond this timeframe, the Seller can request to republish the Listing provided that the Seller be compliant to these Conditions. MyPrivateDressing disables the Seller's Item Listing immediately after the receiving a final Purchase Offer by the Buyer for the Item.
In the context of specific operations, MyPrivateDressing allows the Seller to participate in promotion programs. There are two possible types of promotions: one is a price reduction of the Item, the other is support of Shipping costs by the Seller.
4.7.1. Reduction in prices of Items
During the sale of an Item, the Seller may join the promotion program implemented by MyPrivateDressing. By adhering to the promotion program, the Seller allows MyPrivateDressing the discretion of reducing the Product Listing price during various promotion operations.
It is agreed that the discount percentage is between 5 and 15% of the Product Listing Selling Price.
To join the promotion program, the Seller must check the promotion box provided for that purpose while creating the Product Listing. The Seller may also choose to participate in this program by ticking the box provided for this purpose on the My Account> My Listings> My Items for Sale. The Seller can submit one or more Product Listings to this program by ticking the promotion box for each individual Listings.
4.7.2 Defrayal of Shipping Fees by the Seller
As part of the promotion program implemented by MyPrivateDressing, the Seller may choose to cover Shipping Fees for potential buyers.
To offer the Shipping costs, the Seller must check the box provided for that purpose when creating the Product Listing. The Seller may also choose to offer the Shipping costs of one Item by checking the box provided for this purpose under My Account> My Listings> My Items for Sale. The Seller can submit one or more Product Listings to this program by ticking the promotion box for each individual Listings.
4.8. Any Seller who wishes not to sell a particular Item anymore agrees to withdraw the listing from his/her product catalog as soon as possible.
ARTICLE 5: CONCLUSION OF A SALE
5.1. The Sale is concluded once the Buyer has validated his shopping cart by clicking the "ENTER" button and once a purchase confirmation has been received by e-mail.
5.1.1. MyPrivateDressing sends a purchase confirmation to the Seller by email.
Following the confirmation, the sale is concluded and deemed perfect.
5.2. Order Payment
5.2.1. Payment Methods
The Buyer may use the following payment methods:
- MyPrivateWallet (Virtual Wallet)
- Credit card via Saferpay secure portal
- Invoice through a payment slip via our partner SwissBilling (Administrative fees for e-mail invoice: CHF 2.90 and paper bill: CHF 4.70)
The collection of the Buyer’s bank card details is executed and guaranteed by Saferpay, exclusively authorized as a PCI Security Standards organization. Saving this information on Saferpay’s server is in all cases done with the consent of the Buyer. In no case will MyPrivateDressing store or have access to the Buyer's bank information. Payments are secured by a data encryption process in order to prevent interception of this information by third parties.
In partnership with SwissBilling, MyPrivateDressing will bind orders by invoice to certain conditions and will conduct a credit check with the Buyer's agreement. These credit checks are to verify customer data in other databases (e.g., Collection Company) before acceptance.
MyPrivateDressing reserves the right to limit the Buyer to certain payment methods. In such a case MyPrivateDressing is not required to state the reasons for its decision.
5.2.3. Payment Content
The amount paid by the Buyer includes:
- The Item Selling Price as determined by the Seller;
- CHF 9.-Flat Shipping Rate, unless the Seller offers the Shipping costs to the buyer as part of the promotion program.
The Buyer is only debited when the Seller confirms the dispatch of the Item. The Item must be shipped by mail using Swiss Post Registered Mail Services. In his/her Account, the Seller must imperatively indicate the parcel's tracking number in the field provided for this purpose after dispatch.
5.2.4. MyPrivateWallet (Virtual Wallet) and other vouchers
The Buyer may pay for all or part of an order using MyPrivateWallet credits and / or Vouchers.
MyPrivateWallet Credits can be used on both MyPrivateBoutique and MyPrivateDressing Sites and for all Site Items.
The recipient of a Voucher will receive a code by e-mail that must be inserted when placing his/her order. The Vouchers are valid for a specified period, from the date the recipient is informed. The Vouchers are one-time use.
In case the total order amount is less than the value of the voucher, the difference will be compensated on request at customer service.
In case the total amount of the order exceeds the value of the Voucher, the Voucher recipient can pay the difference by using any authorized payment methods mentioned in the present Terms & Conditions.
5.3. Delivering the Item
When shipping the Item, the Seller agrees to send the Item properly packaged by mail, using only Swiss Post Registered Services. The Seller shall retain evidence of shipping the package in the form of parcel tracking number and shipment receipt during the following month after dispatch.
5.3.1. Delivery to the Buyer
Once the Buyer has confirmed his/her online order and MyPrivateDressing has collected the agreed amount for the Transaction Price from the Buyer, MyPrivateDressing will communicate the shipping details of the Buyer to the Seller so as to proceed with the delivery of the Item.
The Seller is solely responsible for the successful delivery of the ordered Item. The Seller agrees to send the Item properly packaged within 3 business days from receiving the buyer's shipping address and to indicate the parcel's tracking number in the space provided on the Site.
To reduce risk of unsuccessful delivery and to allow the Buyer and the Seller to track the shipment of the Item, the parcel must be dispatched using Swiss Post Registered Services. In the event that the Buyer would not have received the package, it is the Seller's responsibility to initiate a claim with the Swiss Post.
The Seller shall retain evidence of shipping the parcel during the month following the date of shipment. He/she undertakes to provide the parcel's tracking number on the Site page which contains the details of the sale.
5.3.2 Item Reception
The Buyer is invited to confirm the receipt of the Item and his satisfaction within 3 working days of receiving the item (as evidenced by the postmark).
Should the Buyer fail to expressly confirm the receipt of the item or fail to notify the non-reception of the Item, he/she will be deemed to definitively agree to the transaction, after a maximum timeframe of 3 working days following the reception of the Item.
Should the buyer fail to confirm transaction within 3 business days following the reception of the Product, MyPrivateDressing will proceed with the finalization of the sale and will issue the payment on the Seller's MyPrivateWallet (Virtual Wallet). The Buyer and the Seller agree that MyPrivateDressing calculates this 3 business day timeframe based on the information provided by the Swiss Post concerning the parcel reception date.
5.4.2. If the Buyer is absent upon delivery, he undertakes the responsibility to retrieve the Item at the Post Office as soon as possible. In the event that the Item is not retrieved, it will be sent back to the Seller by the Swiss Post. The Buyer agrees that Shipping Fees will not be invoiced in full. Consequently, the amount will be credited back to the Seller.
5.5. Seller Payment
5.5.1. The Seller authorizes MyPrivateDressing to receive, in its name and on its behalf, the price of the transaction through an electronic payment system put in place by the Site or by any other means established by MyPrivateDressing.
5.5.2. As payment for the use of the Site, following the acceptance of the Buyer's offer and the successful payment of the Transaction Price, the Seller authorizes MyPrivateDressing to deduct from the total price of the Transaction a specific Commission as defined in section 5.5.3 below. In the case that a Return or invalidation of the offer by the Buyer occurs, the Commission is not owed by the Seller.
5.5.3. The Commission charged to the Seller by MyPrivateDressing for each sale is 20% of VAT Price Item. (The 20% include the transfer and administration fee if the Seller decides to transfer the amount into his/her bank account.)
The Commission applies retroactively to all items sold on the site, regardless of posting date. Shipping costs are not included in the price used to calculate the Commission.
5.5.4. Provided that the transaction price was fully paid by the Buyer and received by MyPrivateDressing, the Price of the Transaction reduced by the Commission and added by the Shipping costs will be paid on the Seller's MyPrivateWallet (Virtual Wallet):
- upon the Buyer's reception confirmation of the Item on the Site, except in the event of a Return of the Item by the Buyer under the conditions and time limits specified in the general conditions;
- or, in the absence of confirmation of receipt by the Buyer within a 10 business day delay after actual reception date of the Item as evidenced by the parcel's tracking number.
In the event that the Buyer did not retrieve the Parcel within the deadline set by the Swiss Post and that the Item is returned to the Seller, MyPrivateDressing refunds the amount of the flat return shipping fee to the Seller.
5.5.5. The Seller agrees not to collect in any event an amount other than that equal to the price of the Transaction which excludes any other amount or any interest. The Seller refuses to take on any claims for any amounts produced by the immobilization of cash collected on its behalf and for its account by MyPrivateDressing on the occasion of a sale.
5.5.6. The Seller agrees that the payment of the Sale be held after the Commission has been deducted by MyPrivateDressing and the shipping fees fee included, if the Buyer initiates a Return in accordance with the deadlines specified by the present Terms & Conditions.
5.5.7. The Item Selling Price, the Shipping Fees, Commission and the payment to the seller are defined inclusive of all taxes.
5.5.8. The Seller may request the withdrawal of amounts contained in his/her MyPrivateWallet (Virtual Wallet) to his/her bank account under the following conditions:
The transfer request is made on the site under My Account > Request a transfer. The transfer will be made within 7 business days following the request.
5.5.9. In case of suspected fraud, MyPrivateDressing can ask the Seller to provide a proof of identity (copy of identity card, proof of address and / or copy of the card). MyPrivateDressing reserves the right to suspend the transfer while awaiting the reception of these documents and their evaluation.
5.5.10 In the event of a dispute arising between the Seller and the Buyer, MyPrivateDressing may block the Users' MyPrivateWallet (Virtual Wallet) while awaiting to resolve the dispute.
ARTICLE 6: MONEY BACK GUARANTEE
6.1. Return of the Item
MyPrivateDressing has established the following procedure permitting the Buyer to return the Ordered Item if he/she is not satisfied.
6.1.2 Return of the Item to Seller
The Buyer is asked to return the Item directly to the Seller. If the reason for dissatisfaction chosen is "doubt about the authenticity," then the Buyer must also inform the MyPrivateDressing customer service team by e-mail: email@example.com
The Buyer will have 3 business days from the order reception date to initiate the return and provide the return parcel's tracking code under "My Sales & Purchases" on the Site.
All items must be returned to the Seller in the same condition and with all elements included in the first shipment. Stickers / tags must be attached as per original condition by the brand, shoes must be returned in their original branded box received and in original condition. Shoe boxes must be placed inside another box for returns in order to prevent damage during shipping
The Buyer must return the carefully packaged item to the Seller using only Swiss Post Signature Service. The Return of the Item is under the responsibility of the Buyer.
After receipt of the Item, the Seller has 48 hours to declare its reception, under "My Sales & Purchases" on the Site. Without notice in the system the return will be considered as completed (validation a return will be done by verifying the proof of receipt of the Item with the Swiss Post's Track & Trace Services).
In case of return in accordance to the above paragraph, the price of the Item will be deducted from the reservation made on the credit card. In case of payment on Invoice, the price of the product will be deducted. Shipping and return fees will be invoiced or debited from the credit card of the Buyer.
6.2 Re-publishing the Item Listing
Following the reception of the item, the Buyer must indicate on the site if not satisfied with the good purchased and indicate why he/she is dissatisfied.
Upon confirmation that the dissatisfaction requesthas been made within the set time limit, the buyer will receive an email proposing him to relistthe Item for sale by visiting "my account”
ARTICLE 7: RESPONSIBILITIES
7.1. MyPrivateDressing cannot be held responsible for the content of ads, or for actions (or lack of actions) of Users, or for items put up for sale.
MyPrivateDressing cannot be held responsible for defamatory, abusive or indecent comments posted by an Internet User.
MyPrivateDressing does not intervene in the transaction between Buyers and Sellers. Accordingly, MyPrivateDressing has no control over the quality, safety or legality of the Items listed and the truth or accuracy of the content of Item Listings. MyPrivateDressing cannot ensure that the Seller or the Buyer will successfully complete the Transaction.
In case of dispute, MyPrivateDressing reserves the right to communicate to the Buyer and the Seller their respective email addresses.
MyPrivateDressing does not transfer the Seller's legal ownership of Items to the Buyer. The agreements of sale / purchase are concluded directly between the Buyer and the Seller.
7.2. MyPrivateDressing reserves the right to suspend, without notice or compensation and without liability, access to the Site, temporarily or permanently. It does not guarantee that the site will be accessible without interruption. It may interrupt access to the Website for reasons including maintenance and / or emergency. It will be merely under an obligation to the continuity of access to the Site. Accordingly, MyPrivateDressing excludes all warranties, conditions or other provisions and cannot be held responsible for the loss of money or reputation or special damages, indirect or consequential, resulting to the use of the Site.
7.3. Notwithstanding the provisions of the preceding paragraph, if MyPrivateDressing is held responsible by a competent jurisdiction against a User or a third party, the responsibility of MyPrivateDressing cannot exceed the total amount of Commission that the User paid to MyPrivateDressing within the 12 previous months.
7.4. MyPrivateDressing is not responsible for the fraudulent actions of a third party and the possible consequences of the username and / or password of the Internet User.
7.5. In case of major force or in case of failure, blockage or difficulty concerning the MyPrivateDressing hardware, software and / or the Internet network, and in case of suspension of access to the Site, obligations of the parties to this contract are suspended.
7.6. Hypertext links on the Site may refer to other sites. MyPrivateDressing is not responsible for the content or actions of these sites.
7.7. The contract created upon acceptance of the Buyer's Tender Offer by the Seller only binds the Seller and the Buyer. MyPrivateDressing playing only an intermediary role, cannot be held responsible for disputes declared outside the period of 3 business days following reception of the goods by the Buyer.
7.8. In case of hidden defects discovered after the Buyer's Money Back Guarantee period of 3 business days following the Item reception, any dispute that may arise shall be binding only the Buyer and the Seller excluding MyPrivateDressing.
7.9. When a dispute arises between the parties, MyPrivateDressing may, for a period of 30 days, do everything possible to help the parties reach an agreement. MyPrivateDressing cannot be held responsible for the outcome of dispute. During this period, the MyPrivateWallet (Virtual Wallet) of concerned Users may be temporarily blocked and their transfer requests suspended.
ARTICLE 8: MISCELLANEOUS PROVISIONS
8.1. The fact that MyPrivateDressing tolerates any act contrary to these Conditions, does not waiver on his part to take advantage of these General Terms.
8.2. In the event that one or more provisions of these Terms would be discarded by legislative or regulatory provision or a court decision, all other provisions shall remain applicable.
8.3. By registering with the Site, the User acknowledges having read, understood and accepted without reservation all of these Conditions governing and binding all relations between MyPrivateDressing, Sellers and Buyers. This acceptance shall take effect from the date of registration on the website of the User and applies to each Transaction, Listing, Advertisement, Buying and Selling offers. These Terms and Conditions supersede any contractual document or ownership of the Seller or Buyer.
8.5. The present contract is concluded between the User and MyPrivateDressing for an indefinite period. It is terminable simply by notification at any time and without motif by either of the parties.
8.6. These Conditions do not create any agency relationship, outsourcing, joint venture or employee-employer relationship between MyPrivateDressing and the user.
8.7. The Site, its content, its catalog, its text illustrations, photographs and images are the property of MyPrivateDressing and/or third parties contractually bound to MyPrivateDressing, holders of intellectual property rights of the Site. It is forbidden to reproduce, represent and/or operate all or part of the Site, its content, its catalog, its text illustrations, photographs and pictures without permission from MyPrivateDressing.
8.8. For any information or questions, the Customer Service of MyPrivateDressing can be reached at the following email address: firstname.lastname@example.org
8.9. Any amount due to MyPrivateDressing and which has not yet been paid will be deducted from the MyPrivateWallet (Virtual Wallet) of the concerned User.
8.10. Relations between MyPrivateDressing - JBY S.A. and the client are governed and construed in accordance with Swiss law. Any dispute concerning relations between MyPrivateDressing - JBY S.A. and the client, will be subject to the exclusive jurisdiction of the Swiss Courts at the headquarters of the company JBY S.A. in Geneva.
Geneva, January 2019