1. COMPANY PROFILE AND PURPOSE
1.1 Under the name of Ta Sellerie, Mrs. Laura MOREL, located at 22 chemin de la Troupe, 1253 Vandœuvres, operates, at the internet address www.tasellerie.com, a "marketplace" offering online, for purchase or sale, second-hand riding equipment, i.e. riding clothes, saddlery, bows, whips or other objects related to the equestrian world.
1.2 Ta Sellerie acts as a trusted third party between the Buyer and the Seller. When a Buyer purchases a product listed on the platform, the sale price of the product is paid to the Seller, via Ta Sellerie, once the Buyer has confirmed receipt of the item.
1.3 The purpose of these general conditions of sale is to govern the relationship between :
- On the one hand, Ta Sellerie Mrs Laura Morel,
- And on the other hand, any Internet user / user of the site ") and called :
a. Buyer, if the Internet user buys one or more goods online on the site,
b. Seller, if the Internet user offers one or more items for sale online
Purchase: allows the Buyer to purchase, via the Secure Payment Service, the Item at the price indicated in the Seller's Advertisement and thus to directly accept the Seller's offer.
Buyer: shall mean any natural person of legal age holding a Ta Sellerie Account who purchases or wishes to purchase one or more Items displayed on the Site.
Ad: refers to all the elements and data (visual or textual) posted by a User under his responsibility with a view to selling an Item displayed on the Site.
Item: refers to any second-hand equestrian clothing and/or accessories offered for sale by a Seller on the Site via the Secure Payment Service.
Ta Sellerie Account: refers to the free space, accessible from the Ta Sellerie Site, that all Users, Buyers and/or Sellers must create for themselves, and from which they can post, manage and view their Advertisements.
Exhibitor (Ta Sellerie): refers to Ta Sellerie Laura Morel - which puts in contact the Seller and the Buyer wishing to sell, respectively acquire, new and used riding equipment and acts as an agent and representative of the Seller. All sales are concluded directly between the Seller and the Buyer.
Service Fee: refers to the fees charged by Ta Sellerie to Buyers for the use of the Secure Payment Service offered on the Site.
Ta Sellerie: shall designate the Internet site www.ta-sellerie.com and its operators.
Messaging: refers to the messaging system made available to Ta Sellerie Users and allowing them to communicate by exchanging private messages accessible to Users with a Ta Sellerie Account.
Secure Payment Service: shall designate the online payment service for Products made available to the Seller and the Buyer on the Ta Sellerie Site.
Site: refers to the Internet site operated by Ta Sellerie accessible mainly from the URL www.ta-sellerie.com and allowing Users to access the Ta Sellerie platform via the Internet.
User: refers to any visitor, having access to the Ta Sellerie Service via the Site and consulting the platform and/or any natural person, of legal age, acting exclusively for private purposes, established in Switzerland, holder of a Ta Sellerie Account.
Transaction: refers to transactions that transfer ownership of an Item from a Seller to a Buyer by virtue of the sales contract concluded between them via the use of the Secure Payment Service.
Seller: means any User who offers one or more Items for sale and chooses to use the Secure Payment Service.
3. SCOPE OF APPLICATION OF THESE TERMS AND CONDITIONS
3.1. The purpose of these Terms and Conditions is to determine the terms and conditions of use of (i) the Ta Sellerie platform available to Users and (ii) the Secure Payment Service available to Sellers and Buyers via the Ta Sellerie Website.
3.2. All Users, Buyers and Sellers declare that by accessing and using the Ta Sellerie platform and/or the Secure Payment Service from the Site they have read these General Terms and Conditions of Use and expressly accept them without reservation and/or modification of any kind.
3.3 The Exhibitor brings together the Seller and the Buyer wishing to sell, respectively acquire, new and used riding equipment. All sales are concluded directly between the Seller and the Buyer.
3.4. The Internet user accepts the present general terms and conditions, as well as any subsequent modifications, each time he/she connects and navigates on the site.
3.5 The Exhibitor reserves the right to modify these general conditions at any time and to at any time and to replace the old version with the most recent version of the site.
4. USE OF THE PLATFORM AND THE TA SELLERIE MESSAGING SYSTEM
4.1. The purpose of Ta Sellerie is to provide an online platform for individuals wishing to sell and/or buy second-hand clothing and/or accessories in Switzerland by creating a Ta Sellerie Account.
4.2 Any User of Ta Sellerie may buy and/or put up for sale Items, i.e. second-hand clothing and/or accessories in Switzerland, by creating a Ta Sellerie Account. Any sale of items other than those defined in the preamble is prohibited.
4.3. Any User must have a Ta Sellerie Account to become a Buyer and/or Seller. Any User may become a Buyer and/or Seller through the use of a single Account.
4.4. All Users shall ensure that the personal data (in particular name, first name, date of birth, postal address, e-mail address and bank details) that they communicate on Ta Sellerie are accurate at all times. All Users are required to update their personal data. Any failure to do so constitutes a breach of these Terms and Conditions and may result in the immediate deletion of the User's account.
By using the services provided by the site, including the purchase of Goods for sale on the site, the Buyer confirms that he/she is a natural person of at least 18 years of age exercising his/her civil rights. Minors (under the age of 18) may not purchase Goods on the Site.
4.5. All Users declare that they will not disclose their Account password to third parties. All Users must notify Ta Sellerie without delay if they believe their Account has been hacked.
4.6. All Users are required to use the Ta Sellerie platform in a private and non-professional capacity. In case of suspicion of use of a Ta Sellerie Account for professional purposes, Ta Sellerie reserves the right to delete the Account and immediately exclude the User concerned from the platform.
4.7. Each Article must be the subject of an Advertisement. Any Ad remains active on the Ta Sellerie platform for a period of 12 months. It is then archived and available on the User's Account, who may reactivate it if he wishes.
4.8. All Users undertake to provide a description of the Article in accordance with its condition.
4.9. Any User also guarantees that his Ad does not contravene any regulation in force or any right of a third party and that it does not contain any message that is defamatory towards third parties. Ta Sellerie assumes no responsibility in this regard. Ta Sellerie reserves the right to delete the Account and to immediately exclude the User concerned from the platform.
4.10. Ta Sellerie provides Users with an Account with a messaging system to communicate on the platform.
4.11. The main purpose of sending private messages via the Message Board is to exchange information relating to Advertisements. Any communication of personal data such as email address, telephone number, bank details or any other information on the Message Board is prohibited.
4.13. The payment of Transactions are integrated into the platform and are processed by Ta Sellerie directly.
4.14. When selling an item, the Buyer accepts that his information allowing the proper delivery of the product such as his name, first name, delivery address are sent to the Seller. Users agree to keep this information confidential and not to disclose it. They agree not to infringe on the privacy of other Users and not to send them any message, object or documentation, in particular advertising, by any means whatsoever (in particular by post, telephone or electronic means).
5. PROTECTION OF PERSONAL DATA
5.1. The exhibitor undertakes not to infringe on the privacy of Internet users and the confidentiality of the information provided.
5.2. The mandatory or optional nature of the data to be provided is indicated at the time of collection.
5.3 This data collection takes place in particular when purchasing goods and contact the Exhibitor by email email@example.com
5.4. The personal data requested by the Exhibitor is 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 the Exhibitor.
5.6. Under no circumstances will the User's postal address be communicated to another User, except in the case of the purchase of an item.
5.7. By authorizing the publication of photos of the Goods, the Seller assigns and transfers its copyright to the Exhibitor, who may freely use them for commercial and advertising purposes.
5.8. The User agrees that Ta Sellerie may edit the photos of the items that he/she has posted online in order to optimize their visibility. The User also agrees that Ta Sellerie may communicate on certain items it has put on sale. This always with the aim of facilitating and accelerating the sale of its products.
6. MERCHANDISE OFFERED FOR SALE
A. Merchandise offered for sale on the site
6.1. The Seller undertakes to describe carefully and in detail each item offered for sale on the site. The Seller undertakes to ensure that any item offered for sale corresponds to an available material good of which it has full and complete ownership and capacity to sell. The Seller undertakes to ensure that the Items do not contain any visible stain, hole, tear or indelible trace. In the event that such items are sold, they will be deemed to be non-conforming and the sale cannot be completed. The shipping costs related to their reshipment will be at the expense of the Seller.
6.2 The Exhibitor is not in a position to carry out checks on the Goods offered for sale. Consequently, the Buyer is required to carry out the necessary checks and investigations on the Goods he wishes to purchase. The Exhibitor draws the attention of Buyers and Sellers in particular to section B. below, which limits the extent of the Exhibitor's liability.
B. Exclusion of Exhibitor's warranties
6.3. Exhibitor is under no obligation to conduct any audit or inspection of the Goods offered for sale. Furthermore, the Exhibitor makes no representations or warranties of any kind, including as to the quality and legality of the Goods offered on the site, the validity or accuracy of the descriptions or the ability of Sellers to sell Goods or Buyers to purchase them, and any implied warranties or obligations are excluded, subject to obligations for which the law does not permit exclusion of liability.
6.4 In particular, all written or oral statements, including those appearing on the site or in any report, comment or appraisal, relating to the appearance or quality of the Goods, including their price or value, are mere expressions of Seller's opinion and are subject to change at any time prior to the sale of the Goods and consequently Exhibitor disclaims all liability for any errors or omissions in such statements.
6.5 Any claim by the Seller shall in any event be limited to payment of the net proceeds of the sale of the item offered for sale by the Seller.
C. Seller's warranties
6.6 Seller warrants to Exhibitor and Buyer that at all times (including, but not limited to, during the period of ownership and at the time of sale):
(i) that it is the owner of the Merchandise or duly authorized by the owner to sell it;
(ii) that possession and ownership of the Merchandise may be validly transferred, at the time the Merchandise is turned over to the Exhibitor and at the time of sale, free from all claims, actions or potential claims of third parties;
(iii) that all information concerning the authenticity and provenance of the Goods has been notified; and
(iv) that there is no knowledge of any information that would make the description of the item inaccurate or misleading.
6.7 The Seller also undertakes to keep its inventory up to date.
6.8. To assist the Buyer, the Seller may mention on the Website certain defects or imperfections in the Goods for sale. This information is given for information purposes only and does not claim to be exhaustive. The Seller is solely responsible for the description of the goods it offers for sale.
6.9 Furthermore, the Seller guarantees to put online only items of quality, of a certain value, or whose previous conditions of use meet certain criteria of a particular quality (very little used, recognized brand, value of the item, etc.). These criteria are at the total discretion of the Exhibitor who may at any time refuse an object whose composition does not correspond to the standard proposed by his department.
6.10 The Vendor undertakes to hand over to the Exhibitor the goods ready for sale, either
In a state of cleanliness consistent with the nature, use and age of the Goods. If not, and upon agreement between the parties, the Seller agrees that the Exhibitor shall have the Goods cleaned or repaired at the expense or at the expense of the Seller.
Accompanied by all documents necessary for the sale, if any (warranty, books, purchase receipt, etc.).
6.11 The Seller undertakes to provide the Exhibitor with all the information necessary for the latter to
6.11 The Seller undertakes to provide the Exhibitor with all the information necessary for the Exhibitor to establish the description of the Goods offered for sale on the Website, as well as all the certificates and documents needed to establish their authenticity and origin.
6.12. The Seller undertakes not to insert in the advertisement any links whose purpose or effect is to refer users of the Ta Sellerie marketplace to content located outside the Site. The Seller shall not insert any link to its own website (if it is a professional seller), to its e-mail address or, more generally, shall not insert any advertisement (banner, commercial link, etc.) for the benefit of any site or content not hosted on the Ta Sellerie website.
6.13. Ta Sellerie reserves the right to delete an ad if it does not comply with these Terms and Conditions.
D. Changes to advertisements
6.14. Exhibitor reserves the right to modify and/or delete at any time all advertisements published on its website. Ta Sellerie reserves the right to request a Seller to modify and/or delete its ad. The Seller agrees to publish only photos of the Items that it has taken itself. Ta Sellerie reserves the right to delete any photos that have not been taken by the Seller.
E. Determination of the sale price
6.15 The Seller shall determine the selling price of the Goods. Ta Sellerie draws the Seller's attention in particular to the fact that it is its responsibility not to set the Price too high, in the interest of concluding a sale. The Seller may specify the new price of the Goods. This new price is not verified by Ta Sellerie.
6.16 When the Article is on consignment, the price indicated on the website is different from the agreed selling price, because it takes into account an additional lump sum ranging from 5 CHF to 30 CHF (including in particular delivery costs, packaging, shipping, administrative costs).
6.17 The fixed amount is fixed according to the selling price of the article but also according to the cleanliness of this one at the reception by Laura Morel - TA SELLERIE SARL.
Prix de vente
Article nécessitant un nettoyage
> 201 CHF
101 – 200 CHF
101- 200 CHF
51 – 100 CHF
51 – 100 CHF
11 – 50 CHF
11 -50 CHF
X / -
F. Special provisions relating to the offer for sale of Goods
6.17 The Exhibitor shall prepare a description of the item for sale on the site and shall inform Buyers of the essential characteristics of the item based on information provided by the Seller. The Exhibitor may provide additional details to ensure that the description and elements of the listing are accurate.
6.18 The Seller undertakes to provide the Exhibitor with all the information necessary to establish the description of the item for sale on the site and all the certificates and documents needed to establish its authenticity and origin.
6.19 The Exhibitor may not lower the price of an item agreed upon unilaterally with the Seller without having obtained the Seller's prior agreement to the change in the selling price of the item.
G. Unsold Goods Provisions
6.20 In accordance with the sales mandate signed by the Exhibitor and the Seller, the Exhibitor undertakes to publish the advertisement of an item on its website for a period of 12 months from the date of publication.
6.21 After 6 months, if the Article has not been sold, the Exhibitor shall offer the Seller to put the Article on sale. If the Seller accepts, then the Article will be published on the site again for a period of 6 months; on the other hand, if the Seller refuses, the Exhibitor will make the Article available to the Seller, who will be able to collect it from the Exhibitor at his own expense or have it sent by the Exhibitor, at the expense of the Seller (these expenses include packaging, postal and administrative costs).
6.22 If an item is not sold at the end of the additional 6-month period agreed upon with the Seller, the Exhibitor shall offer the Seller to collect the item.
H. Buyer's request for further information
6.23 When a Buyer is interested in an offer to sell a product, the Seller will receive by e-mail a request for further information.
6.24 The Seller undertakes never to offer a direct sale to the Buyer. Should such a sale be made, Ta Sellerie reserves the right to suspend the Seller's and the Buyer's account. Furthermore, Ta Sellerie will not be able to guarantee either the payment or the proper shipment of the ordered items.
7. CONCLUSION OF A SALE
7.1 The sale is concluded once the Buyer has validated his purchase, and a confirmation has been sent to him by email.
Upon confirmation, the sale is concluded and deemed perfect.
A. Payment of the order
7.2 The Buyer may pay:
(i) by credit card (Mastercard, Visa, American Express),
(ii) by bank transfer
To confirm the order, the Buyer must proceed to the payment of the price of the Transaction.
7.3 Ta Sellerie SARL shall notify the Seller of the Buyer's Offer to Purchase by e-mail.
The Seller undertakes to confirm or deny its offer to sell within 96 hours (4 days) of receiving Ta Sellerie's e-mail informing it that the Item it has put up for sale on the Site has found a buyer.
Failure to respond within 96 hours (4 days) shall constitute a cancellation of the sale offer, and the sale contract shall not be concluded. The Buyer's order will then be cancelled, and no charge will be made to the Buyer's credit card.
7.4 The Purchase Offers made by the Buyer are independent of each other. If one or more of the Offers to Purchase has not been accepted by the relevant Seller(s), the other Offers to Purchase made by Buyer shall not lapse and shall be binding on Buyer.
7.5 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 all cases with the agreement of the Buyer. In no case does the Exhibitor store or have access to the Buyer's bank details. Payments made are secured by a data encryption procedure to avoid interception of this information by a third party.
Ta Sellerie shall not be held responsible in case of fraudulent use of the payment methods used by credit card via the secure portal.
7.6 The Exhibitor reserves the right not to offer certain payment methods and to refer to other available payment methods. In such a case, the Exhibitor is not required to give reasons for its decision.
7.7 The amount paid by the Buyer includes:
(i) The price of the item determined by mutual agreement between Exhibitor and Seller;
(ii) A lump sum ranging from CHF 5 to CHF 30 for various expenses incurred by the Exhibitor (packaging, shipping, administrative costs).
B. Delivery of the Goods
Delivery of the article by the Seller to the Exhibitor
7.7 The Seller shall deliver the Goods at his own expense to the Exhibitor's address by Swiss Post or an approved carrier. The Seller may also request the Exhibitor to collect the Goods from his home in the Canton of Geneva free of charge. Beyond this radius, a flat rate of 0.7ct/km (round trip) will be applied.
Delivery of the article by the Exhibitor to the Buyer
7.8 The Exhibitor assumes responsibility for the proper execution of the obligation to deliver the ordered article.
7.9 Once the Buyer has confirmed the order online and the Exhibitor has received payment of the purchase price, the Exhibitor will send the ordered items by Swiss post.
7.10 For any shipment of Goods to a Buyer by post, the Exhibitor undertakes to send it properly packaged with the additional "signature" service of the Swiss Post (registered mail).
7.11 The Exhibitor also guarantees that any parcel whose value exceeds the amount of CHF 1500 is sent with the additional service "insurance". If the value exceeds CHF 5000, the Exhibitor must take out transport insurance with an insurance company.
7.12 The Exhibitor shall keep the proof of shipment of the package for one month after the date of shipment.
7.13 If the Buyer has not received the package, the Exhibitor will file a claim with the Post Office.
7.14 When shipping the Article, the Seller undertakes to send the Article properly packaged and in such a way that the Article cannot be impacted during transport. The Seller shall keep proof of shipment of the package for one month following the date of shipment.
C. Delivery of the Article by the Seller to the Buyer
7.15 The Seller is solely responsible for the proper performance of the obligation to deliver the ordered Article. The Seller undertakes to send the Article properly packaged within 72 hours (3 days) following the date of communication of the address of the Buyer and to indicate the tracking number in the space reserved for this purpose on the Site. In the event that the Seller fails to comply with the shipping conditions set forth herein, Ta Sellerie will examine on a case-by-case basis any problems encountered during a transaction within 14 days.
The Seller must keep the proof of shipment of the package for one month following the date of shipment.
D. Receipt and Return of Goods
7.16 Upon receipt of the Product(s) ordered, Buyer agrees to confirm through customer service to Ta Sellerie within 3 business days the conformity of the Product(s). Failing that, the Buyer will file a claim within the same time period through the customer service.
If the Buyer fails to declare the good conformity of the ordered products or to file a claim with Ta Sellerie's customer service within 3 working days from the receipt of the order, the transaction is deemed perfect. The transaction is also deemed complete upon confirmation by the Buyer of the good conformity of the Products ordered.
The amount of the transaction minus Ta Sellerie's fees shall be paid to the Seller.
D.2 Return of Clothing for the Rider :
7.17 the Buyer has a period of 14 working days from receipt of the item (clothes for the rider) to indicate to the Exhibitor and/or the Seller whether he/she wishes to return the purchased item (clothes for the rider) and request a refund. If the Buyer does not confirm his/her willingness to return the purchased item within 14 working days of receipt, he/she is deemed to have accepted the item as is. No returns or refunds are possible after this period.
In the event that a Buyer wishes to return an item to Seller within 14 days, the return will be at Buyer's expense. The return of the item is the responsibility of the Buyer.
Once the Seller has informed Ta Sellerie that it has received the returned item, Ta Sellerie shall refund the price of the item to the Buyer within 7 days.
In the event that the Seller does not manifest itself, Ta Sellerie shall proceed to validate the receipt of the Article and proceed to refund the Price of the Article to the Buyer.
D.3 Saddle return :
7.18 the Buyer has 4 business days from receipt of the Item to indicate to the Exhibitor and/or the Seller whether he/she wishes to return the purchased Item and request a refund. If the Buyer does not confirm his/her willingness to return the purchased item within 4 business days of receipt, he/she is deemed to have accepted the item as is. No returns or refunds are possible after this period.
The Buyer must return the item undamaged, in perfect condition and clean, using the services of the Swiss Post with the additional service "signature" at his expense (registered mail) to the Exhibitor. The Goods must be carefully packed. The return of the Goods is at the expense of the Buyer.
In the event that a Buyer wishes to return an Item to the Seller within 4 days, the return will be at the Buyer's expense. The return of the Item is the responsibility of the Buyer.
Once the Seller has informed Ta Sellerie that it has received the returned Item, Ta Sellerie will refund the price of the Item to the Buyer within 7 days.
The Buyer is required to ensure that any package with a value exceeding CHF 1500 is sent with the additional service "insurance". If the value exceeds CHF 5000, the Seller must take out transport insurance with an insurance company.
In the event that the Seller fails to do so, Ta Sellerie will validate the receipt of the Article and proceed to reimburse the Buyer for the price of the Article.
E. Return of an item for sale
7.19 Upon confirmation that the return request has been made within the time limit,
The Exhibitor shall inform the Seller and offer to resell the Goods on the website.
In the event of refusal, the Goods shall be returned to the Seller at his expense.
8. DISPUTE ARISING FROM A SALE
8.1 Any dispute arising from the sale of an item shall be between the Buyer and the Seller only and not the Exhibitor. Thus, if an article should be the subject of a complaint, the Buyer is obliged to inform the Exhibitor as soon as the defect is discovered and may request the communication of the Seller's contact details. Once notified, the Exhibitor undertakes to provide the Buyer with the Seller's contact details (surname, first name, postal address and email address) for a direct settlement of the dispute between the Buyer and the Seller.
8.2 In the event of a dispute between the Seller and the Buyer, the intervention and involvement of the Exhibitor are excluded, the contract of sale of the article being solely binding on the Seller and the Buyer.
9. PAYMENT OF PRICE TO SELLER
9.1 The Seller authorizes the Exhibitor to collect the price of the sale from his bank account via the secure electronic payment system set up on the site or by any other means set up by the Exhibitor.
In the case of a deposit-sale:
9.2 The Commission charged by the Exhibitor to the Seller for each sale on its site is equal to 25% of the sale price mentioned in the sales mandate that has been concluded between the Exhibitor and the Seller.
9.3 Following the payment of the price of an item by a Buyer, the Exhibitor shall proceed to the payment on the bank account indicated by the Seller in the sales mandate, of the sale price, less the amount of the 25% commission due to the Exhibitor and a lump sum ranging from 5 CHF to 30 CHF including various expenses to be borne by the Exhibitor (packaging, shipping, administrative costs).
In the Marketplace:
9.4 The Commission charged by the Exhibitor to the Seller for each sale on its website is equal to 15% of the sale price mentioned in the sales mandate that has been concluded between the Exhibitor and the Seller.
9.5 The Commission is not due by the Seller in case of return of the article by the Buyer and request for refund.
9.6 The Exhibitor shall pay the amount indicated to the Seller, 14 working days after the expiry of the period granted to the Buyer to exercise his right to Satisfaction or Refund and in the absence of return and request for refund of the Goods by the Buyer.
10.1. Exclusion of liability of the Exhibitor
10.1.1 The contract created upon acceptance of the offer to purchase on the Exhibitor's website by the Buyer is binding on the Seller and the Buyer. The Exhibitor acts as a representative of the Seller and cannot be held responsible for any disputes declared in connection with the sale of an item.
10.1.2 The Exhibitor is only liable for direct damage resulting from intentional or gross negligence on his part in connection with the taking over of the article. The Exhibitor's liability for direct damage due to slight negligence - irrespective of the legal basis - is explicitly excluded, subject to the relevant mandatory legal provisions. Any liability of the Exhibitor for indirect or consequential damages, regardless of the legal basis, is completely and expressly excluded.
10.1.3 Any dispute that may arise from the sale of an item shall be between the Buyer and the Seller only to the exclusion of the Exhibitor.
10.2. Responsibilities relating to the use of the site
10.2.1 The Exhibitor 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 will be accessible without interruption. He may interrupt access to the website for reasons such as maintenance and in case of emergency. It is only bound by an obligation of means concerning the continuity of access to the site. Consequently, the Exhibitor excludes all guarantees, conditions or other provisions. It cannot be held responsible for any damage whatsoever resulting from or related to the use of the site.
10.2.3 The Exhibitor is not responsible for the fraudulent use by a third party and the possible consequences of an involuntary order by the Internet user.
10.2.4 In the event of force majeure, or in the event of a breakdown, blockage or difficulty concerning the Exhibitor's equipment, the computer software used by the Exhibitor or the Internet network, and in the event of suspension of access to the site, the contractual obligations of the Exhibitor and the Vendor shall be suspended.
10.2.5 The hypertext links present on the site may refer to other Internet sites. The Exhibitor is not responsible for the content or actions of these sites.
The Internet user.
11. INTELLECTUAL PROPERTY
The photos, texts, illustrations, icons, documents, symbols, logos, expressions, as they appear on the Website, are the sole and exclusive property of the Exhibitor. The latter reserves the right to take legal action against any offender or undue user.
12. MISCELLANEOUS PROVISIONS
12.1 The fact that the Exhibitor tolerates any act contrary to these general terms and conditions does not constitute a waiver on its part of its right to invoke these general terms and conditions.
12.2 In the event that one or more of the provisions of these general terms and conditions are excluded by a legislative or regulatory provision or by a court decision, all other provisions shall remain applicable.
12.3 By browsing the site, the Internet user acknowledges that he/she has read, understood and accepted without reservation all of the present general terms and conditions, which govern with binding force all relations between the Exhibitor, Sellers and Buyers. This acceptance takes effect from the first navigation on the website of the Internet user and applies to each operation: advertisement, offer to buy, and sale.
12.4 These terms and conditions are an integral part of the sales contract between the Exhibitor and the Seller.
12.5 The Exhibitor reserves the right to modify the present terms and conditions according to the evolution of its offer and the market. Each party therefore undertakes to regularly consult the general conditions published on the site to take note of any changes that may have been made.
12.6 These terms and conditions do not create an agency, subcontracting, joint venture or employee-employer relationship between the Exhibitor and the Internet user.
13. VALIDITY OF THE GCV AND JURISDICTION
The validity of these GTC and the legal relationship between the Exhibitor and the Internet user is governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all proceedings is the courts of Geneva, insofar as no compulsory place of jurisdiction for consumers under the Swiss Code of Civil Procedure is mentioned.
CONTACT INFORMATION :
TA SELLERIE SARL
22 chemin de la Troupe
Last updated: July 17, 2022
2.1. By "Service" we mean the Ta Sellerie mobile and desktop online platform operated by Ta Sellerie.
2.2 "Personal Data" means data about a living individual who can be identified from such data such as name, date of birth, postal address or email address (or from such data and other information in our possession or likely to come into our possession).
2.3. Usage Data" is collected automatically and is generated either by the use of the Service or by the infrastructure of the Service itself (e.g., page view time).
2.4. Cookies" are small files stored on your device (computer or mobile device) (see 3.3.1.).
2.6. The term "Sub-processor (or Service Provider)" means any natural or legal person who processes data on behalf of the Controller. We may use the services of several Service Providers in order to process your data more efficiently.
2.7. "Data Subject" means any living person who uses our Service and is the subject of Personal Data.
3. DATA COLLECTION AND USE
We collect several types of data for different purposes in order to provide and improve our Service to you.
3.1. When you use our Service, we may ask you to provide certain personally identifiable information that can be used to contact or identify you ("Personal Information"). Personal Data may include, but is not limited to, the following
- First name
- Last Name
- Your address
- E-mail address
- We may use your Personal Information to send you newsletters, marketing communications or promotions and other information that may be of interest to you. You may opt-out of receiving any or all of these communications by contacting us.
3.2. When you access the Service using a mobile or desktop device, we may collect certain information automatically, including, but not limited to, the type of mobile or desktop device you are using, the content and URLs you have accessed, the unique identifier of your mobile or desktop device, the IP address of your mobile or desktop device, your mobile or desktop operating system, the type of browser
you are using, unique device identifiers, and other diagnostic data ("Usage Data"). In the absence of express consent, we will only use the Usage Data mentioned in this section, and in particular the IP address, to the extent
(i) to the extent necessary to provide our services and/or
(ii) for security purposes, in particular to prevent cyber-attacks (e.g. Data capture or denial of service attacks) and unauthorized multiple logins.
3.3.1. We use the following Cookies in particular:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and settings.
- Security Cookies. We use Security Cookies for security purposes.
4. USE OF DATA
4.1. Ta Sellerie uses the data collected for various purposes, including but not limited to:
- To provide and maintain our Service.
- To notify you about changes to our Service.
- To allow you to use the interactive features of our Service when you choose.
- To improve our Service, to secure the system and in connection with legal claims and illegal activities.
- To provide customer support.
- To collect valuable data or analysis that will allow us to improve our Service.
- To detect, prevent and fix technical problems.
- To provide you with news, special offers and general information about other goods, services and events we offer that are similar to those you have already purchased or inquired about, unless you have previously indicated that you do not wish to receive such information.
- Creation of pseudonymous user profiles.
4.2. We also process your Data to protect the following legitimate interests of Ta Sellerie and/or third parties:
- Dispute resolution and claims management.
- Analysis and evaluation of the use of our platform for the continuous improvement of our products and services.
- Prevention, investigation and prosecution of illegal activities, including fraud.
- Ensuring the security of the Service system, protecting the Data stored by us, detecting cyber attacks or other disruptions to the integrity of the platform.
- Fulfillment of tax obligations.
4.3. Your Saddlery uses for the creation of pseudonymous user profiles ("User Profiles") the Data collected during registration and finalization of the profile, and your Usage Data collected through Cookies.
4.4. Ta Sellerie creates and uses User Profiles to protect the following legitimate interests, among others:
- We use user profiles to analyze and understand the behavior of our Users. This allows us to make improvements and/or add missing services for important and heavily used services on the Platform.
- The advertising presented to Users is personalized based on the user profiles created. This means that you are offered advertisements that are related to your interests and tailored to your user profile. This advertising is displayed and integrated on the Platform and - if you have given us your consent - in emails sent to the email address you provided during registration or via the mailboxes in the account (notification or mailbox) of the Platform.
5. REGISTRATION AS A USER
5.1. You must create a Ta Sellerie account in order to benefit from the services offered on our Platform, in particular to trade through the Platform, to use the Secure Payment Service or to give reviews and communicate with other members. To this end, you must enter the following information on our mobile or desktop platform:
- Username (given mandatory to use the Platform)
- Email address (required to use the Platform)
- Confirmation of age over 18 years
5.2. Your username is visible to all visitors to the Service and Users of the Site, unlike other information provided during registration. Your username may be a pseudonym and may not match your real name.
5.3. After you register, you may add more information about yourself to your profile in the "My Profile" section of your Ta Sellerie Account. You can add the following Data under "Profile Data":
- Full name
- Full mailing address
- Your profile picture and username are visible to other Users of the Service and users of the Site, to the exclusion of any other Data entered.
6. USE OF THE PLATFORM TO CARRY OUT TRANSACTIONS
6.1. We store and process Data related to your business activity on the Platform (e.g. item, price, time of transaction, etc.). You can view this information in your account by viewing your Transactions overview.
6.2. If you sell Items via our Service, we also collect additional Data that you generate when you create Advertisements on the Platform, in particular photos and videos of the Items offered, as well as text and other information on the description of the Items (e.g., brand, price, size, condition, color, etc.), information on the accepted payment method, location, comments on the goods, etc. This Data is visible to visitors to the Platform.
6.3. We may also ask you to provide us with proof of direct debit authorization (i.e., a bank statement, telephone verification, screenshot of your PayPal account, or a picture of your credit card).
7. COMMUNICATION, FEEDBACK, EVALUATIONS
7.1. Among other things, we collect the following Data when you use our Services: - Messages you exchange with other members via the Platform's Private Messaging. - Your communications with other users.
7.2. Please note that for technical reasons, these contents remain accessible after the termination of your User Agreement, but without notification of your User name and with a note that the contents are from a former User.
8. LEGAL BASIS FOR PROCESSING PERSONAL DATA
8.2. Ta Sellerie may process your Personal Data:
- Because we need to perform a contract with you.
- Because you have authorized us to do so.
- Because we have a legitimate interest in doing so and your rights do not override that legitimate interest.
- For payment processing purposes.
- To comply with the law.
9. DATA RETENTION
9.2 Ta Sellerie will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except where such data is used to enhance security or improve the functionality of our Service, or where we are legally required to retain such data longer.
10. TRANSFER OF DATA
10.1. Information about you, including your Personal Data, may be transferred from Switzerland to, and stored on, computers located in a place where data protection laws differ from those of the territory in which you reside.
11. LEGAL REQUIREMENTS
11.1. Ta Sellerie may disclose your Personal Data if it has a good faith belief that such disclosure is necessary to: Fulfill a legal obligation Protect and defend its rights or property Prevent or investigate possible wrongdoing in connection with the Service Protect the personal safety of Users of the Service or the public Protect against liability
12. DATA SECURITY
The security of your data is important to us. However, please keep in mind that no method of data transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable methods to protect your Personal Data, we cannot guarantee its absolute security.
12.1. Access to your account is protected by a password of your choice. Make sure that no one but you has access to this password. Remember to log out by clicking on the appropriate button after using Your Saddlery. This is especially important if you are viewing our Platform from a public computer. We emphasize that the transmission of Data over the Internet (e.g. when communicating by e-mail) has security holes and may not be fully protected against access by third parties.
13. SERVICE PROVIDERS
We may use third party companies and individuals to facilitate the provision of our Service ("Service Providers"), perform the Service on our behalf, provide services related to the Service, or assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are prohibited from disclosing or using it for any other purpose. Service Providers are contractually obligated to provide a level of data protection commensurate with ours.
14. DISCLOSURE OF YOUR DATA TO THIRD PARTIES
14.1 Ta Sellerie is required by law to disclose Personal Data and/or Usage Data to investigative, prosecutorial and supervisory authorities if and to the extent necessary to prevent threats to public safety and to prosecute criminal offences.
14.2. Ta Sellerie may share your Data with third parties in particular in the event of a transfer of business, a merger through the creation of a new company, a spin-off or any change of control that affects Ta Sellerie. In advance of any such event, we will separately explain to you how we will share your Data and seek your consent where required by law.
14.3. In addition, your Data will only be transferred to third parties if you have consented to the transfer of your Data or if you yourself have made your Data available to such third parties (with the exception of third parties that we have appointed as Service Providers).
15. YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA Under the Data Protection Act, you have the following rights:
15.1. Right of access: You have the right to know at any time whether Ta Sellerie is processing your personal data and if so, which data.
15.2. Right to rectify your Personal Data: You have the right to have your Personal Data rectified at any time if you notice that we are processing incorrect data about you.
15.3. Right to erasure of your Personal Data: If the processing of your Personal Data is no longer necessary, for example because you no longer have an Account with Ta Sellerie or you no longer consent to the processing of your Personal Data, you may request the erasure of your Personal Data. We will delete your Personal Data, provided that we are no longer required to retain it for a certain period of time, e.g. by virtue of a legal retention obligation.
15.4. Right to restrict or block the processing of your Personal Data: You have the right to have the processing of your Personal Data restricted or blocked at any time, provided that we are no longer required to retain or process it for a certain period of time.
15.5. Right to object to processing: You have the right to withdraw your given consent to the data protection provisions at any time. This possibility is given to you after you have logged in to your Account.
16. GOOGLE ANALYTICS
16.1 Google Analytics is a web analysis service offered by Google that tracks and reports on website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the data collected to contextualize and personalize ads on its own advertising network.
17.3. The payment processing companies we work with are:
18. LINKS TO OTHER SITES
18.2. We have no control over, and are not responsible for, the content, privacy policies or practices of any third party sites or services.
19. CHILDREN'S PRIVACY
19.1. Our Service is not directed to persons under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you know that your Child has provided us with Personal Information, please contact us. If we learn that we have collected Personal Information from children without verifying parental consent, we will take steps to delete that information from our servers.
21. CONTACT If you have any questions regarding the processing of your Data in the context of the use of our Service or the exercise of your rights, you may contact us at any time using the following email address: firstname.lastname@example.org