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General terms and conditions MY TRIBE

Scope of application

These General Terms and Conditions of Sale (“General Terms and Conditions” or “GTC”) apply to all activities provided by the limited liability company “MY TRIBE Ltd liab Co” (hereinafter “MY TRIBE”) (UID: CHE-361.459.518)
The website www.my-tribe.ch connects Buyers, hereinafter referred to as “Buyer”, and Sellers, hereinafter referred to as “Seller”. These persons form the users (hereinafter “Users”) of the website. MY TRIBE is a platform that connects Buyers and Sellers of luxury second-hand jewellery and related products in Switzerland.
These General Terms and Conditions govern the relationship between: (i) MY TRIBE Ltd liab Co, which connects Buyers and Sellers of jewellery and other related second-hand products, and:

  • the Buyer if the user purchases one or more items online on the website; or
  • the Seller if the user has entered into a sales agreement with MY TRIBE to have one or more of his items sold on the MY TRIBE website (together with MY TRIBE, the “Parties” and each individually a “Party”).

MY TRIBE acts as an agent and representative of the Seller. Any sale shall be concluded directly between the Seller and the Buyer.
These General Terms and Conditions apply to all sales made by MY TRIBE on behalf of the Seller, whether through MY TRIBE’s website, www.my-tribe.ch through resellers or through sales made by telephone, e-mail, oral declaration or any other manifestation of intent.
By accessing and using MY TRIBE’s website, users acknowledge that they are bound by these General Terms and Conditions, which they declare they have read and understood.
MY TRIBE reserves the right to amend these General Terms and Conditions at any time and at its sole discretion. Users are responsible to consult them regularly to be informed of any changes. The Terms and Conditions applicable when the contract is concluded by the users shall apply unless they have expressly agreed otherwise in writing.

Relationship between MY TRIBE and the buyer

MY TRIBE acts as an intermediary between the Seller and the Buyer and offers the Buyer a platform of products sold by Sellers.

Conclusion of the contract

The contract of sale is concluded upon acceptance by the legal age Buyer of the product put on sale on MY TRIBE’s website. The contract is concluded between the Seller who offers his product for sale and the Buyer who purchases it.
MY TRIBE acts as an intermediary and provides a website where the Seller’s products are presented to the Buyer.
In any event, the contract shall be concluded as soon as the Buyer accepts the offer made by the Seller on MY TRIBE’s website and/or when the Buyer orders products on MY TRIBE’s website.

Prices

Unless otherwise agreed, all prices are stated in Swiss francs (CHF). MY TRIBE reserves the right to quote prices in other currencies depending on the countries in which the products are to be sold.
All prices quoted include additional amounts for Value Added Tax (VAT), where applicable. The applicable VAT rate is determined based on the country in question. In Switzerland, the rate is 7.7%.
Prices do not include shipping costs.
Prices do not include any additional taxes that may apply.
MY TRIBE reserves the right to change the prices indicated on the website at any time.
The prices indicated on MY TRIBE’s website and in its price list apply at the time of conclusion of the contract.
The amount paid by the Buyer shall include:
the price of the item
VAT if applicable

Payment

MY TRIBE offers the Buyer the following payment terms: credit card, PayPal, Twint.
The purchase price must be paid in full by the Buyer upon conclusion of the contract. MY TRIBE will ship the ordered products as soon as the purchase price is paid.
The Buyer may not set off any claim against the amount he has to pay to MY TRIBE.

Obligations of MY TRIBE
Delivery / Delivery Date

Delivery shall be made within 3 (three) business days of the order.
MY TRIBE only delivers in Switzerland.
MY TRIBE undertakes to ship the Product by registered parcel for products with a value of less than CHF 1,500.
Any product with a value of more than CHF 1,500 will be shipped with the additional “Insurance” service. If the value of the product exceeds CHF 5,000 MY TRIBE will take out transport insurance with an insurance company.
MY TRIBE’s delivery obligation shall be null and void in the event of default or failure to meet the supply, manufacturing and transport deadlines by its own suppliers (partners, transport company, etc.), insofar as MY TRIBE is not responsible for such delay.
If delivery is not made by the aforementioned deadline, e.g. in the event of delay on the part of the carrier, the Buyer shall immediately inform MY TRIBE that the ordered products have not been delivered to him.
If MY TRIBE, its suppliers or third parties engaged by it are unable to perform on time due to force majeure, e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, war, political or social unrest, civil war, revolution and uprisings, terrorism, sabotage, strikes, nuclear accidents, damage from nuclear reactors or pandemics, MY TRIBE is released from the obligation to perform its services during such events of force majeure and for an appropriate period of time following the end of such events. If the event of force majeure lasts for more than 30 (thirty) days, MY TRIBE shall be entitled to withdraw from the contract. MY TRIBE shall then fully reimburse any amounts already paid by the Buyer
Any further claims, including but not limited to damages resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance shall be the place of MY TRIBE’s registered office.
The service provided by MY TRIBE shall be deemed to have been performed if the products are handed over to the carrier selected by MY TRIBE.

Auxiliaries

MY TRIBE expressly reserves the right to engage auxiliaries in order to perform its contractual obligations.

Obligations of the Buyer

The Buyer shall, as soon as possible, take all necessary steps to enable MY TRIBE to provide its services. The Buyer shall take all such measures at the place, time and in the manner agreed upon. Depending on the circumstances, the Buyer shall also be required to provide MY TRIBE with all necessary information and documentation.
The Buyer shall be personally liable to MY TRIBE and the Seller and to third parties for the proper performance of these duties and shall bear the full consequences of any negligence.
MY TRIBE disclaims all liability for services provided by third parties to the extent permitted by law.

Exchanges

The Buyer may exchange the Products sold by MY TRIBE within 5 (five) days of receipt.
The products must be in their original packaging and must not have been used. The Buyer shall bear the costs of return and exchange.
The Buyer shall ensure that he has taken out the proper transport insurance based on the value of the goods returned.
The Buyer should also notify his intention to return the item and state the reasons for the return by sending an e-mail to: retour@my-tribe.ch.
Discounted items cannot be returned or exchanged.

Refunds

The Buyer shall be entitled to a refund if he returns the Products sold by MY TRIBE within 5 (five) days of receipt.
The products must be in their original packaging and must not have been used. The Buyer shall bear the costs of return and exchange.
The Buyer shall ensure that he has taken out the proper transport insurance based on the value of the goods returned.
The Buyer should also notify the intention to return the item and state the reasons for the return by sending an e-mail to: retour@my-tribe.ch.
MY TRIBE will initiate the refund once the condition of the products has been verified.
Discounted items cannot be returned or exchanged.

Warranty

MY TRIBE does not provide any warranty in the event of fraud by the Seller and does not accept any liability for fraud by the Seller (posting the product on the platform) regarding the origin of the product sold.
The Seller is solely responsible for the authenticity of the product and warrants that he is entitled to sell it.
MY TRIBE is not required to verify the origin or authenticity of the products posted. MY TRIBE does not guarantee the authenticity of branded products. It is thus up to the Buyer to carry out the necessary research and verifications to determine the authenticity of the product offered for sale.
The purchase price and any product description are subject to change at any time and shall not result in any liability for MY TRIBE. Indeed, it constitutes an expression of opinion by MY TRIBE. Therefore, MY TRIBE shall not be liable for any errors or omissions made in such declarations.

Defects

MY TRIBE does not provide any warranty for defects on the products offered for sale on its website.

Liability

Any liability for indirect or consequential damage is excluded.
Liability for direct damages is limited to the contractually agreed amount. This limitation of liability does not apply in the event of wilful intent or gross negligence.
Any liability of auxiliaries is excluded to the extent permitted by law.

Relationship between MY TRIBE and the seller

Conclusion of the Contract

A deposit agreement is hereby concluded between MY TRIBE and the Seller.
The Seller shall hand over the product to MY TRIBE for sale.
The contract is concluded as soon as the parties have signed the “consignment agency contract”.

Prices

MY TRIBE sets the price of the product together with the Seller based on its experience, expertise and market research based on the current market situation.
In exchange for its service, MY TRIBE shall receive a commission of 25% of the agreed sales price before tax stated in the sales contract between MY TRIBE and the Seller.
If, at the end of the initial 180-day period, the product has not been sold, MY TRIBE will propose that the Seller discount the product, and MY TRIBE will propose a new price. The item will be put back on sale for an additional period of 120 days.

Payment

The Seller authorises MY TRIBE to collect the purchase price from his bank account through the electronic payment security system established on the website or by any other means established by MY TRIBE.
MY TRIBE shall pay the amount of the sale to the Seller, after deduction of 25% of the agreed sale price.

The price indicated on my-tribe.ch website is different from the agreed sale price, as it takes into account

– an additional lump sum (including shipping and packaging costs)

– VAT if applicable at a rate of 7.7%

– 2% of the agreed price is also added to be donated to the association chosen by My Tribe, the Otium Center, dedicated to supporting people with cancer.

Thus the 25% commission is deducted by MY TRIBE on the basis of the agreed sale price and not on the sale price indicated on the site.

Payment to the Seller by MY TRIBE will be made after the sale has been completed, the Buyer has paid for the product and after the withdrawal period, i.e. within 15 business days after the sale.
The VAT collected by MY TRIBE will be paid directly to the competent authority.

Obligations of MY TRIBE

MY TRIBE assures the Seller that it will take steps to have the product presented to the Buyer by posting a photo of the product on the website and providing a suitable description of the product.
MY TRIBE guarantees that the product is stored in the safest possible conditions.

Duration of the Contract

MY TRIBE puts the product on sale for 180 days from the first publication on the website.
After this date, if the product has not been sold, MY TRIBE will propose that the Seller discount the product and put it on sale for an additional 120 days.
If the Seller does not wish to sell the product at a discount, he may collect it from MY TRIBE at his own expense. The contract shall end at that time.
If the Seller does not collect the Product within six months of waiving a discount, MY TRIBE shall become the owner of the Product.

Obligations of the Seller

The Seller warrants and assures the Buyer and MY TRIBE that he is of legal age, has the right to sell the product and is the owner of the product or has the written authorization of the owner to sell the product. He also warrants that the product is free from any third-party rights.
He also warrants that:

  • all information regarding the authenticity and origin of the product offered for sale has been notified to MY TRIBE,
  • ensure that it is not a counterfeit or a misleading product; and
  • he has no knowledge of any information that would render the description of the product inaccurate or misleading.

He shall also ensure that the product is delivered to MY TRIBE in an appropriate condition (cleaned, clean, in good condition, etc.).
The Seller assures that he has a Swiss bank account, into which he may receive the payment from MY TRIBE.

Changes to the Advertisement

MY TRIBE reserves the right to change and/or delete at any time any advertisement published on its website. It can also make changes to the advertisement and to the photos.

Withdrawal by the Seller

MY TRIBE is given a time limit of 180 days to find a Buyer for the product put on sale by the Seller.
If the Seller wishes to collect the product before this deadline, he must notify MY TRIBE in writing and will be subject to an administrative fee of CHF 100 per item that he collects. The products will be returned at the Seller’s own expense if he does not collect them himself.

Dispute in connection with an item sold

In the event of a dispute arising from the sale of a product, only the Buyer and Seller shall be bound, to the exclusion of MY TRIBE.

If the Buyer wishes to make a complaint following the purchase of a product, he must notify the Company upon discovering the defect and may request the Seller’s contact details.

Upon receipt of the complaint, the Company undertakes to provide the Buyer with the contact details of the Seller (last name, first name, postal address and email address) so that the Buyer and Seller can settle the dispute directly.

Any involvement of MY TRIBE Ltd liab Co shall be excluded in case of a dispute between the Seller and the Buyer, since the contract for the sale of the product is binding only on the Buyer and the Seller.

General provisions

Intellectual Property Rights

MY TRIBE holds all rights to the products and services it offers.
Unless otherwise expressly provided, neither these General Terms and Conditions nor the individual agreements relating thereto deal with the assignment of intellectual property rights.
Further, any reuse, publication or distribution of information, images, text or any other material that users may receive under these General Terms and Conditions is prohibited without the express permission of MY TRIBE.
Users must ensure that they do not infringe any intellectual property rights of third parties when using content, images, text or graphic elements in connection with MY TRIBE.

Liability

MY TRIBE acts as the Seller’s representative and shall not be liable for any dispute that may arise regarding the sale of a product or any other dispute that may arise concerning the products offered for sale on its website. The contract is concluded between the Buyer and Seller.
MY TRIBE shall only be liable for direct damages resulting from wrongful intent or gross negligence on its part in relation to the handling of the item.
MY TRIBE’s liability for direct damages due to ordinary negligence – irrespective of the legal basis – is explicitly excluded, except as required by law.
Any liability of MY TRIBE for indirect or consequential damages, irrespective of the legal basis, is completely and expressly excluded.
Any dispute arising from the sale of an item shall be between the Buyer and the Seller to the exclusion of MY TRIBE.

Responsibility for the Use of the Website

Access to the website may be interrupted without notice or compensation and without any liability on the part of MY TRIBE. Access to the website may be suspended temporarily or permanently.
MY TRIBE does not guarantee that the website will be accessible without interruption.
MY TRIBE may interrupt access to the website particularly for maintenance reasons and in the event of an emergency. MY TRIBE shall only have a best-efforts obligation as to the continuity of access to the website. Accordingly, MY TRIBE excludes any warranties, conditions or other provisions and shall not be liable for any damage arising out of or in connection with the use of the website.
MY TRIBE shall not be liable for any fraudulent use by a third party or for any consequences of an involuntary order on behalf of the user.
In the event of force majeure, or in the event of a breakdown, blocking or disruption of MY TRIBE’s hardware, the computer software used by MY TRIBE or the internet network, and in the event of suspension of access to the website, the contractual obligations of MY TRIBE and the Seller shall be suspended.
Hyperlinks on the website may link to other websites. MY TRIBE is not responsible for the content or actions of such websites.

Data protection

MY TRIBE shall process and use the data collected at the time of conclusion of the contract in order to fulfil its contractual obligations. MY TRIBE shall take all necessary measures to ensure data protection as provided by law. Users agree that their data will be stored and used in accordance with the contract and are aware that MY TRIBE may disclose their data or that of third parties if so ordered by a court or other public authority. Unless users have expressly opted out, MY TRIBE is entitled to use their data for marketing purposes. The data required to perform the service may be transferred to the service partners engaged by MY TRIBE as well as to other third parties.

Entire agreement

These General Terms and Conditions supersede any prior agreements or provisions. Only the provisions of individual contracts which specify these General Terms and Conditions shall take precedence over them.

Severability Clause

The validity of these General Terms and Conditions shall not be affected if any of its provisions or any of its annexes is or should be declared null and void. In this case, the null or invalid provision will be replaced by a valid provision that is close to the purpose of the null or invalid provision. The same applies in the event of a possible contractual gap.

Agents and Distributors

The users agree that any distributors or agents may work independently of MY TRIBE and that any claims must therefore be brought directly against them. MY TRIBE shall not be liable for breaches of contract by any agents or distributors.

Applicable Law / Jurisdiction

These General Terms and Conditions are subject to Swiss law.
Except as required by law, the courts located in the place of MY TRIBE’s registered office shall have jurisdiction to decide any dispute between the parties.
MY TRIBE is at liberty to take legal action at the defendant’s registered office/domicile.
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.

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