A. GENERAL

1. scope of application
These General Terms and Conditions (“GTC”) apply to the entire business of Mes Trouvailles. Mes Trouvailles offers a platform for the sale of used clothing in perfect condition.

2. data protection
Mes Trouvailles may process and use the data recorded in the course of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. Mes Trouvailles shall take the measures required to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by Mes Trouvailles and is aware that Mes Trouvailles is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly forbidden it, Mes Trouvailles may use the data for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties.

3. changes
These general terms and conditions may be amended by Mes Trouvailles at any time.
The version of the GTC which is in force at the time of conclusion of the contract will always apply to the customer. Unless the customer has agreed to a newer version of the GTC.

4 Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.

5 Severability clause
Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.

6 Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory legal provisions take precedence, the court at the registered office of Mes Trouvailles shall have jurisdiction. Mes Trouvailles is at liberty to bring an action at the customer’s place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

B. BUYING CLOTHES

Conclusion of contract
The conclusion of the contract shall be effected by the customer’s acceptance of the offer of Mes Trouvailles regarding the purchase of products.
The contract is concluded in any case if the customer orders the products offered by Mes Trouvailles via the online shop of Mes Trouvailles or buys them directly.
If a product is placed in the shopping basket, the product will be reserved for the customer for 30min. After this period the product will be released for sale again.

2. prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are inclusive of any applicable value added tax (VAT). The “estimated new prices” indicated for the products do not necessarily represent the actual new price, but are approximate price estimates.
The prices do not include any other applicable taxes.
Prices do not include packaging and shipping costs. Shipping costs will be added directly to the item price by the seller.
Mes Trouvailles reserves the right to change prices at any time. The prices on the website of Mes Trouvailles valid at the time of conclusion of the contract shall apply.

3. payment
Mes Trouvailles offers the customer the following payment options: Crypto payment in ETH, BTC, SHIBA, APE, and many more cryptocurrencies.
The customer is obliged to pay the invoiced amount within 10 (ten) days of the order date.
If the invoice is not settled within the aforementioned payment period, the customer shall automatically be in default.
From the time of default the customer shall owe default interest in the amount of 5% (five percent).
If Mes Trouvailles offers products for sale via the online platform, it may also demand payment by electronic means during the ordering process .
Offsetting of the invoiced amount against any claims of the customer against Mes Trouvailles is not permitted.
Mes Trouvailles shall be entitled to refuse delivery or provision of services in case of default of payment.

4 Obligations of Mes Trouvailles

4.1 Delivery / Delivery Dates
As a rule, delivery shall be made within 2 to 6 working days after receipt of the order. If timely delivery is not possible, the customer shall be informed by Mes Trouvailles within 3 working days of receipt of the order and the new delivery date shall be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of Mes Trouvailles. Mes Trouvailles shall fulfil by handing over the ordered products to the agreed forwarding agent. If no forwarding agent is agreed, the secondhand crate shall be free to choose a forwarding agent. The agreed delivery costs may not be increased by the choice of forwarding agent.
The articles offered by the various sellers on the platform have a delivery period of 10 days. If the item has not arrived at the buyer within this period, the buyer can contact Mes Trouvailles directly (e-mail: info@mestrouvailles.ch) and they will contact the respective seller directly.

4.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to carry out their contractual duties. They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory legal provisions and any collective labour agreements.

5 Exchange
The exchange of products is excluded as a matter of principle.

6 Warranty
As the products are second-hand items, the warranty is expressly excluded in its entirety.

7. liability
Liability for any indirect damage and consequential damage is excluded in its entirety.
Liability for direct damages is limited to the sales price of the product. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the Secondhandkiste immediately.
Any liability for auxiliary persons is excluded in full.

Force majeure
Should the timely fulfilment by Mes Trouvailles, its suppliers or third parties involved become impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, Mes Trouvailles shall be released from the fulfilment of the affected obligations for the duration of the force majeure as well as an appropriate start-up period after its end. If the force majeure lasts longer than 30 (thirty) days Mes Trouvailles may withdraw from the contract. The Secondhandkiste shall reimburse the customer in full for any payment already made.
Any further claims, in particular claims for damages as a result of vis major shall be excluded.

C. SALE OF CLOTHING

1. sale

By creating articles on Mes Trouvailles, the customer is obliged to sell the articles created in an orderly manner.
80% of the achieved turnover will be paid once a month to the corresponding seller. The following points must be correct:
– IBAN-No in the seller profile (always check for correctness)
– Adjust the order status of the order (confirmation that the order has been sent by the seller).

If these two conditions are not met, no payouts will be made.
In case of technical problems or other errors, you can contact all sellers directly in order to solve them.
If a payout is not made even after these two points have been fulfilled, please contact us directly.

2. obligations of the seller

The sellers are obliged to hand over the sold goods to the post office within 10 days.
If problems arise, they must be reported to info@mestrouvailles.ch so that they can provide assistance.

3 Liability

Mes Trouvailles accepts no liability for the sellers.

T&C valid from 01.05.2022.