Colette & Jules ("Colette & Jules"), operates a platform for trading in first and second hand and vintage fashion on the website www.colettejules.ch (hereinafter "Colette & Jules website"). Colette & Jules can also offer other types of access to the Colette & Jules website via connections with other services, e.g. via so-called applications (apps), but is not obliged to do so.
These General Terms and Conditions of Business (hereinafter "GTC") regulate the use of the Colette & Jules website and all legal relationships between users and Colette & Jules in connection with the marketing, sale and procurement of designer second-hand and vintage fashion. In the absence of any express provision to the contrary, these GTC apply to all types of access to the Colette & Jules website. Every user who uses the Colette & Jules website (also outside of a purchasing process or preparatory measure) hereby accepts these GTC. Any special promotions initiated or supported by Colette & Jules may be subject to different special terms and conditions.
For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction intended for personal or family needs and who cannot be attributed to his or her commercial or self-employed professional activity.
Buyer is a private or commercial buyer who makes an offer to purchase an item offered on the Colette & Jules website or via another distribution channel.
Users are buyers of objects for sale on the Colette & Jules website or other visitors to the Colette & Jules website.
Objects for sale are the second-hand or vintage articles offered by Colette & Jules via the Colette & Jules website or another distribution channel.
1. General information on the Colette & Jules website, Contractor
The Colette & Jules website can be visited without registration. Purchases can, however, only be made by registered users. The Colette & Jules website allows buyers to conclude a legally valid contract for the items for sale displayed on the Colette & Jules website.
As buyers, users registered with Colette & Jules can view descriptions and pictures of items for sale on the Colette & Jules website and submit an offer to purchase the items for sale shown. In exceptional cases - and by special arrangement - the objects for sale may also be viewed within the scope of trade fair or warehouse sales conducted by Colette & Jules.
2. Creation of user accounts
To purchase items for sale on the Colette & Jules website, a user account must be opened. There is no entitlement to the registration of a user account. The user account is not transferable to other persons. Only one user account may be set up per buyer. The opening of a user account is free of charge.
Only legal entities, partnerships and natural persons with unlimited legal capacity may register. Minors have no right to register on the Colette & Jules website.
Only an authorized natural person who must be listed by name may initiate registration for a legal entity (e.g. a GmbH) or another company or community with its own legal personality (e.g. a limited partnership or association). Furthermore, when setting up the user account, only individuals may be registered as the holder (i.e. no married couples, families or joint ownership).
All data requested by Colette & Jules during registration must be complete. The data must be provided to the best of the user's knowledge and belief. Mandatory data are first name, surname and a valid e-mail address. The user is obliged to keep all registration data up to date, i.e. to update the data provided immediately in the event of any change.
During registration a user name and a password are assigned. In doing so, the user enters into the obligation to protect his access data from access by third parties. To this end, he must take appropriate measures to maintain secrecy and prevent the misuse of his user account by third parties. If the user has reason to suspect that third parties have gained access to his user account, he undertakes to inform Colette & Jules immediately, e.g. by sending an e-mail to the following address: firstname.lastname@example.org. Colette & Jules will not pass on a user's password to third parties. Colette & Jules will also never ask a user for his password by e-mail or telephone.
Registration on the Colette & Jules website can also be effected via Facebook Connect. In doing so Colette & Jules can access certain data from Facebook such as full first and last name, user ID, e-mail address, gender, birthday, profile picture, list of friends and other information that is publicly available in the user's Facebook profile. If a user registers via Facebook Connect, he or she agrees that Colette & Jules may access this user data on Facebook. Further information on this can be found in the Colette & Jules data protection provisions. The data protection provisions are an integral part of these GTC.
The user is liable for all activities carried out using his user account. If the user is not responsible for misuse of his user account, e.g. because he has conscientiously fulfilled his duties of care, he shall not be liable.
Colette & Jules may at any time delete data on user accounts whose registration details are incomplete or for which the registration has not been completed. Clauses 10 and 11 of these GTC remain unaffected.
Colette & Jules also reserves the right - but is not obliged - to delete a user account due to inactivity (no access to the user account for more than twelve months). Colette & Jules will inform the user before deletion and set a final deadline. A user with a deleted user account may re-register as a new user in accordance with the provisions of this Clause 2. Item 11 of these GTC remains unaffected.
3. Purchase of an item
If an item is displayed and posted on the Colette & Jules website, this only constitutes an invitation to make an offer by a potential buyer.
The buyer registered with Colette & Jules can add an item to the shopping basket on the Colette & Jules website by clicking on the "add to basket" button in order to purchase it. This intermediate step in the purchasing process is not yet binding for any of the pages. Before submitting his binding offer, the buyer has the opportunity to check all the data he has entered and the objects for sale placed in the shopping basket, to make corrections to the contents of the shopping basket and/or to remove objects for sale from it. A binding offer to buy is only made when the button "Payable order" is clicked. Immediately thereafter, the buyer receives a confirmation of receipt of his purchase offer.
The purchase contract shall only come into effect upon confirmation of dispatch by Colette & Jules to the buyer. Colette & Jules reserves the right to reject the buyer's offer without giving reasons. In this case Colette & Jules shall inform the buyer accordingly. A period of up to 14 working days may elapse between the submission of the purchase offer and the declaration of acceptance due to shipping times and the time required for Colette & Jules to check the item. As long as the buyer has not yet received confirmation of dispatch, he may revoke his offer to purchase at any time and without stating reasons by sending a written declaration to Colette & Jules, whereby an e-mail to email@example.com is sufficient in written form. Any payments already made by the buyer prior to confirmation of dispatch shall be made subject to reservation. If the purchase contract is not concluded, any payments already made by the buyer will be refunded, but without any interest.
The current status of all purchases and offers is displayed to the buyer in his user account.
4. Rights of withdrawal of the buyer
A buyer who is a consumer is entitled to a right of revocation if the seller is an entrepreneur (commercial seller) or Colette & Jules in its own name. The scope and modalities of the right of revocation are specified below in the cancellation policy.
The Buyer's right of revocation is not to be confused with the right of revocation with respect to the submission of an offer to purchase an object of sale pursuant to Section 3.3 of these General Terms and Conditions, of which the Buyer will be informed separately immediately prior to submission of the offer.
Right of revocation
In the event of a sale by Colette & Jules, you have the right to cancel this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must give us, Colette & Jules
E-mail address: firstname.lastname@example.org
clearly inform us of your decision to revoke this contract. To do so, you can contact us (e.g. by letter sent by post, or by e-mail).
In order to comply with the revocation period, it is sufficient to send the message about the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke a sales contract, Colette & Jules is obliged to reimburse you for all payments you have made to Colette & Jules immediately and at the latest within fourteen days of the day on which Colette & Jules received notification of your revocation of this contract. An exception to this is the additional cost share resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us. The refund will be made using the same means of payment that you used for the original transaction. Different agreements may be possible, but are not binding. You will not be charged for this refund. Refund may be temporarily denied until the goods are returned or until you can provide proof that you have returned the goods.
In order to comply with the cancellation period, you must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.
The aforementioned period for returning the goods shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. The direct return costs shall be at your expense. Furthermore, you will not be liable for any loss of value of the goods if this loss results from handling the goods in order to check their condition, properties and functionality.
5. Payments and terms of payment
All prices listed on the Colette & Jules website for an object of sale are final prices in CHF plus the respective shipping costs. The prices defined in the General Terms and Conditions of Business in force at the time the contract is concluded under item 6 shall apply in each case.
The following payment options are currently available at Colette & Jules:
• Visa & MasterCard
• American Express
• SOFORT bank transfer
Colette & Jules reserves the right to introduce further payment methods or to exclude payment methods already introduced. Depending on the payment method selected, the buyer may incur further costs (e.g. credit card fees) which are beyond the control of Colette & Jules.
In the case of credit card payment, the invoice will be issued by:
Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
The buyer is obliged to pay the purchase price for the object of sale immediately (due date = immediately after conclusion of the purchase agreement). The conclusion of the purchase contract also removes the reservation of - prior to the conclusion of the purchase contract under reservation - payments made by the Buyer. A right of revocation to which the buyer is entitled according to section 4 of these GTC remains unaffected.
The Buyer is both entitled and obliged to make payments exclusively to Colette & Jules or to a person named by Colette & Jules. The more precise payment modalities of the purchase price (plus shipping costs, cf. item 6.4 of these GTC) depend on the type of payment method chosen by the buyer (cf. item 5.2 of these GTC). The buyer will be guided through the payment process on the Colette & Jules website as part of the purchase procedure.
6. shipping of the object of sale, delivery times and costs
The goods will be dispatched by Colette & Jules. The objects for sale will be dispatched by Colette & Jules to the buyer on working days within 72 hours of the conclusion of the purchase contract.
Prospective buyers can find the delivery times in the respective description of the object of sale. They amount to a maximum of 21 working days (see clause 6.1). The buyer can view the current delivery status on the Colette & Jules website. Within Switzerland the delivery time is a maximum of 7 working days. For deliveries to other countries the delivery time is up to 21 days. As a matter of principle, an object of sale will only be delivered to the delivery address that the Buyer has entered in his user account. Any deviations from this must be agreed separately with Colette & Jules.
Shipping costs shall be borne by the buyer. They are shown separately on the website in the order overview.
Buyers must observe the export or import regulations relevant to them (e.g. for fur trimmings on sales items or special types of leather, etc.). Colette & Jules is not responsible for this and is exempt from any liability in this respect. Any official permits required for import/export shall be obtained by the buyer in his own name and at his own expense. Likewise, the Buyer shall bear any additional costs, fees or taxes that may be incurred in connection with the import of sales items into the respective country of destination. These costs shall neither reduce the purchase price nor shall they result in a right of retention of the objects of sale.
7. User comments
Registered users can place a text message (comment) on the page of an object of sale on the Colette & Jules website. This comment, which is publicly visible to all users, appears with the user name stored in the user account. The user hereby consents to the fact that comments written by him/her may be translated into another language and published by a program (e.g. Google Translate). The user is also aware that his comments are publicly accessible and can be found by search engine research.
The purpose of the comment function is to ask questions about the object of sale or to comment on it. It is forbidden to use the comment function to violate personal rights, copyrights, trademark rights or other rights of third parties, to insult, harass or threaten third parties or to disseminate unconstitutional, violence glorifying, obscene, immoral, political or ideological statements.
It is also prohibited to use the comment function for the purpose of advertising for other companies (even if this is done free of charge), to invite users to visit another website or sales platform or to disparage or denigrate Colette & Jules and/or another company. Furthermore, the commentary function may not be misused in such a way that the buyer and seller agree to sell the relevant object of sale outside the Colette & Jules website.
Colette & Jules expressly excludes any review of the comments prior to publication. Colette & Jules reserves the right, however, to delete comments in whole or in part or to make them unrecognizable at any time without prior warning or stating reasons. Colette & Jules also has the right to exclude users from the comment function temporarily or permanently.
If third parties assert any claims or demands against Colette & Jules on the basis of a comment, in particular on the grounds that a comment would be illegal, the user from whose user account the comment was posted shall be obliged to make all data useful for the defence of Colette & Jules directly available to Colette & Jules and to indemnify Colette & Jules on first request from all claims of the third party (e.g. claims for damages, lawyer's fees and court costs). Further claims of Colette & Jules against the user remain unaffected by this.
8. Complaint management
Regardless of the legal situation, the buyer can contact the following address with complaints regarding an object of sale purchased by him/her: email@example.com
9. Warranty and liability
Colette & Jules gives no guarantees whatsoever.
For the purpose of preventing plagiarism in the inspection of sales objects, Colette & Jules limits itself to an external visual inspection by appropriately trained personnel. The personnel will carry out the inspection to the best of their knowledge and belief. In addition, Colette & Jules reserves the right to have an article additionally checked by an external company if there are doubts about its authenticity. Colette & Jules shall bear the costs of this. Colette & Jules expressly assumes no guarantee that the object of sale is actually an original product or branded article. Thus a user has no liability claims against Colette & Jules arising from this voluntary inspection; this is not an activity within the scope of a contract with protective effect for the benefit of third parties.
Colette & Jules assumes no liability for third-party content or references to other media and websites on the Colette & Jules website.
The liability of Colette & Jules towards users shall be as described below:
- § for damage to life or physical integrity and for damage caused by an intentional or grossly negligent breach of duty by Colette & Jules or its legal representatives or vicarious agents, without limitation in accordance with the statutory provisions;
- § in all other cases only in the case of culpable breach of material contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contract
are necessary and on which the user could therefore rely, but only for contract-typical, foreseeable damages.
The following applies to transport damage: Our service is a debt of fate and is fulfilled with the delivery to the transport person. After shipment, the risk of accidental deterioration and accidental loss of the goods is transferred to you. We are not responsible for any fault of the transport company used.
Mandatory provisions of the consumer protection of the respective state in which a consumer has his habitual residence shall of course remain unaffected.
10. Deletion of a user account
A registered user can have his registration deleted at any time. The request for deletion must be sent to the following address: firstname.lastname@example.org. Colette & Jules will immediately delete the corresponding user account. The deletion shall not affect any obligations of the user already existing at the time of termination, e.g. purchase contracts concluded or initiated prior to termination (e.g. binding the buyer to purchase offers already submitted).
Colette & Jules shall be entitled at any time to unilaterally delete a user registration for good cause. Good cause shall include in particular
- § any attempt to distribute plagiarisms or otherwise illegal goods via the Colette & Jules website;
- § any attempt to sell goods belonging to third parties via the Colette & Jules website without the permission of the owners;
- § any attempt to sell goods with pornographic, racist, inciting or anti-constitutional imprints via the Colette & Jules website or to distribute goods bearing the trademarks of unconstitutional and/or otherwise prohibited organisations;
- § any attempt to sell or have sold outside the Colette & Jules platform any objects for sale already posted on the Colette & Jules website.
- § any misuse of the communication possibilities of the Colette & Jules website that leads to insults, harassment, threats to third parties or through which immoral, obscene, violence-glorifying, youth-endangering, political or ideological information is disseminated;
- § any violation of essential contractual obligations within the scope of the use of the Colette & Jules website, whether towards Colette & Jules and/or towards other users;
- § the discontinuation of the Colette & Jules website by Colette & Jules, or a substantial change in the orientation or functionality of the website.
Item 11 of these GTC remains reserved.
11. Blocking and restriction of user accounts
Colette & Jules shall be entitled to block or restrict the user account and/or selected or all objects of sale of the user without prior notice in the event of its legitimate interest, e.g. in the event of suspected violation of these General Terms and Conditions, and thus to exclude the user in whole or in part from further use of the Colette & Jules website. The blocking may be for a limited or unlimited period of time.
Colette & Jules also has the right at any time to restrict access to the Colette & Jules website in whole or in part, either temporarily or permanently for individual users or in general, or to discontinue the Colette & Jules website. Possible triggers are, for example, improper use of the Colette & Jules website by a user, defence against harmful substances (e.g. Trojans, viruses) and the protection of one's own interests.
At the request of Colette & Jules the user must pay the costs of any blocking and any unblocking for which he is responsible. The amount of these costs shall be determined by taking into account the actual expenditure. The user shall have the right to furnish proof that Colette & Jules has de facto incurred no or lower costs.
12. Rights of use
The user shall transfer to Colette & Jules a simple, free of charge, unlimited, worldwide, sub-licensable right of use to use the contents on the Colette & Jules website, but not limited to the Colette & Jules website, which may be revoked at any time, of all contents posted by the user (e.g. product photos/article pictures, article descriptions, profile pictures, comments etc.). The right of use includes in particular the right to make the content publicly accessible on mobile and stationary terminals, the right of reproduction, the right of distribution and the right to broadcast.
13. Availability of the website
Colette & Jules endeavours to make the Colette & Jules website available to users and the public with an availability of - on an annual average - 95%. This figure does not include downtimes attributable to improvements, modifications and/or optimization of the Colette & Jules website (including software updates and server maintenance).
No user can claim that Colette & Jules makes its website permanently available or does not make any modifications to it.
14. Intellectual property
The use of the Colette & Jules website does not imply that you are granted licensing rights with regard to the intellectual property rights to the content of this website. Section 12 above is reserved with regard to the user's own content.
The Colette & Jules website and all content posted there (in particular software, files, designs, graphics and data) are and remain the property of Colette & Jules. Colette & Jules has been granted appropriate rights of use and is protected by the relevant laws on intellectual property rights including copyright and trademark protection rights. Any unauthorized use of the Colette & Jules website, in particular the reproduction, representation, transmission to others, communication, circulation, distribution, modification, licensing, sale or any other exploitation of the website or its contents, texts, text components, static or animated graphics, audio data, software, goods or services and other data or information, is expressly prohibited without the prior written consent of Colette & Jules. Prohibited are in particular methods such as framing and inline linking of the website and its content.
15. Amendment of the general terms and conditions
Colette & Jules can change these general terms and conditions at any time. The changes will be announced either by e-mail or on the Colette & Jules website 14 calendar days before they take effect. The changes are deemed to have been accepted unless a user objects to them during the 14-day period. The consequences of failure to object will be explained in the announcement of changes.
16. Data protection
Colette & Jules observes the statutory provisions on the collection, storage and processing of personal user data. Details are set out in the data protection regulations. The data protection provisions form an integral part of these GTC.
17. information in the case of distance selling contracts and contracts in electronic business transactions
17.1 Identity/representative/chargeable address/own content of the Operator:
Colette & Jules
represented by the Managing Director Virginie Trachsel, P.O. Box, Berne
E-mail contact: email@example.com
For all links to other pages on the Internet, Colette & Jules expressly declares that it has no influence whatsoever on the design and content of the linked pages. As a precautionary measure, Colette & Jules therefore dissociates itself from all content on third-party sites to which www.colettejules.ch is linked. Colette & Jules does not adopt these contents as its own and assumes no liability or guarantee for these third-party contents.
18 Severability Clause and Miscellaneous
If a provision of these GTC is invalid in whole or in part, the remaining provisions shall remain unaffected.
Colette & Jules has the right to transfer all rights and obligations arising from the contract with the user in whole or in part to third parties. The user shall be informed of this in good time. He has the right to object to this transfer for justified reasons within 14 working days of receipt of the notification.
9 Law, contract language, place of jurisdiction
Even if Colette & Jules offers the contents of the website in another language: the contract language is French. In the event of any questions, doubts or differences of opinion that may arise concerning the legal assessment or interpretation of these General Terms and Conditions, the French language version shall prevail.
These general terms and conditions and the sales contracts concluded on the Colette & Jules website are governed exclusively by Swiss law. In relation to consumers, this choice of law applies only insofar as the consumer is not deprived of the protection afforded to him by the mandatory consumer protection regulations of the state in which he has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of jurisdiction for all disputes arising from and in connection with these General Terms and Conditions and the purchase contracts concluded on the Colette & Jules website is the registered office of Colette & Jules in Bern. Colette & Jules reserves the right to also sue the user at the user's general place of jurisdiction. We reserve the right to take legal action at any other compulsory place of jurisdiction.
Status of the General Terms and Conditions: 01.01.2020