GENEVA COLLECTIONS - General Conditions

Your attention is drawn in particular to the clauses in bold below.

By accepting these general conditions, you agree to be bound by them when you register as a user and carry out a transaction on the GENEVA COLLECTIONS platform, whether as a Buyer or Seller. The present general conditions can be modified at any time.

In case of contradiction between the French version of these general conditions and another language version, the French version prevails.

General description

GENEVA COLLECTIONS is an online platform through which users can buy and sell their collectibles and antiques among themselves. GENEVA COLLECTIONS gives the opportunity to the users of the platform to publish their objects for sale on the platform and to buy the objects published by other users. All the ads published on the GENEVA COLLECTIONS platform have been previously verified (see clause 3).

GENEVA COLLECTIONS is owned and operated by Geneva Collections Sàrl (CHE-141.475.068), which can be contacted at the following addresses:

Geneva Collections Sàrl

5 cour de Saint-Pierre

1204 Geneva

Switzerland

[email protected]

Geneva Collections Sàrl only acts as an intermediary between Sellers and Buyers by offering the services available on the GENEVA COLLECTIONS platform. Except as otherwise specifically provided or agreed, Geneva collections Sàrl has no authority to represent Sellers, Buyers or Experts and cannot make commitments in any manner whatsoever in the name of or on behalf of them, and vice versa. The relationship between Geneva collections LLC, Sellers, Buyers and Experts is that of independent and autonomous co-contractors. The provision and use of the GENEVA COLLECTIONS platform or the conclusion of sales contracts on it is not of a nature to constitute or create any kind of company, partnership, work or representation relationship between Geneva collections Sàrl, the Sellers, the Buyers and the Experts.

For the purposes of these terms and conditions, subject to cases where their context implies a different meaning, the words defined below shall have the following meaning:

Advertisement: any advertisement published on the Platform by a Seller in order to offer a Lot for sale to potential Buyers. An Advertisement must contain the description of the Lot and its selling price proposed by the Seller as well as the Terms of Delivery and the Terms of Payment accepted by the Seller.

Buyer: any natural or legal person who purchases a Lot on the Platform, including its employees, representatives, subcontractors, agents or other agents.

Company: Geneva collections Sàrl (CHE-141.475.068), including its employees, representatives, subcontractors, agents or other representatives.

Expert: any natural or legal person that the Company calls upon in the context of the Verification of Advertisements.

Fees: all fees and costs related to the delivery or the provision of the Lot to the Buyer, including the fees related to the shipping, transport, export or import of the Lot (in particular fees and customs duties).

Lot: any movable collectible or antique item that is the subject of an Advertisement.

Offer: the fact that the Buyer proposes a price to the Seller for a Lot via the Platform. The Offer is deemed accepted when the Seller confirms on the Platform that he wishes to sell the Lot at the price proposed by the Buyer.

Platform: the online buying and selling platform named GENEVA COLLECTIONS and available at the following Internet address: www.genevacollections.ch

Premium Commission: as defined in clause 2 of these terms and conditions.

Purchase: the fact that the Buyer buys a Lot on the Platform at the price proposed by the Seller. The Purchase is deemed to have been made when the Buyer confirms on the Platform that he/she wishes to purchase the Lot.

Sale Price: the final sale price excluding VAT of the Lot as agreed between the Seller and the Buyer.

Seller: any natural or legal person who publishes an Ad and sells a Lot on the Platform, including its employees, representatives, subcontractors, agents or other representatives.

Standard Commission: as defined in clause 2 of these general terms and conditions.

Terms of Delivery: the means of delivery or provision of a Lot purchased on the Platform as available on the Platform and proposed in the Advertisement.

Terms of Payment: the means of payment of the Sale Price and any Expenses of a Lot purchased on the Platform as available on the Platform and proposed in the Advertisement.

Verification of Ads: the process described in clause 3 of these terms and conditions.

Terms so defined are defined regardless of whether they are used in the singular or plural in the remainder of these terms and conditions.

When a sale is concluded, a commission is due by the Seller to the Company. When creating his Ad, the Seller must choose between the Standard Commission and the Premium Commission according to the services desired, under the conditions below.

The commission, whether it is a Standard Commission or a Premium Commission, has no impact on the Sale Price. It is due to the Company only by the Seller and becomes payable as soon as the Purchase is made or the Offer accepted.

In case of fault or fraudulent behavior of the Buyer which would lead to the Seller losing the Lot without the Sale Price having been paid, the Company may waive the payment of the commission or refund it to the Seller if it has already received it. In the event of fraudulent conduct by the Seller that would lead to the Buyer not being able to validly take possession of or acquire ownership of the Lot after having paid the Sale Price, the commission remains due to the Company.

The Standard Commission amounts to 15% of the Sale Price but in any case to a minimum of CHF 10 and only includes the service of publishing the Advertisement on the Platform.

The Premium Commission amounts to 20% of the Sale Price but in any case to at least CHF 20. The Premium Commission includes, in addition to the publication of the Ad on the Platform, the promotion of the Ad on the Platform and online.

Before the Ad is published on the Platform, each Lot is subject to a preliminary verification by an Expert on the basis of documents, photographs and information that the Seller undertakes to provide when creating the Ad or on request.

The role of the Experts is advisory and neither the Company nor the Experts can be held responsible in case of erroneous content of the Ad, for which the Seller is solely responsible (see clause 5). More generally, the Company excludes any liability for any content on the Platform or in the Advertisements.

The Company has the right, at any time as long as the sale contract is not concluded, with or without warning to the Seller, to refuse to publish, to ask the Seller to modify and/or to delete any Ad or content published on the Platform, in particular (i) if it does not respect the Expert's opinion on the proposed price, dating, rarity, authenticity condition or any other relevant criterion according to the Expert, (ii) in case of suspicion of fraud or illegal activity or in case of risk of prejudicial or damaging consequences for the Platform, the Company or any user of the Platform, in particular their image or reputation, or (iii) due to any other circumstance for which the Company shall deem such action justified.

The sales contract is concluded and the Buyer and the Seller are bound by it when a Purchase is made by the Buyer or an Offer is accepted by the Seller.

The sales contract includes the rights and obligations set forth in these terms and conditions and any other terms and conditions that the Seller specifies in its Advertisement. These other terms and conditions shall prevail over the rights and obligations set forth in these terms and conditions.

The profits and risks of the Lot shall pass to the Buyer when the Lot is actually delivered or made available to the Buyer, irrespective of the agreed Method of Delivery.

The contract of sale is between the Buyer and the Seller, to the exclusion of the Company which is not a party to the contract of sale. In particular, the Company has no ownership rights in the Lots and is not responsible in any way for the accuracy of their description in the Advertisement, their authenticity, their condition, their preservation, their transport, their delivery or availability or any other circumstance relating to the legal or factual qualities promised by the Seller or reasonably expected by the Buyer.

If the agreed Method of Delivery is the removal of the Lot by Buyer to the Company's premises, the Company shall treat the Lot in a manner appropriate to the Lot until it is removed by Buyer or taken back by Seller, as the case may be. In addition, if the agreed Method of Payment is payment at the time of collection, the Company shall collect the Sale Price and any Fees on behalf of the Seller and shall promptly remit them to the Seller. The Company shall not be liable for the safekeeping and delivery of the Lot and for the collection and delivery of the Sale Price and any Expenses, except in case of gross negligence or wilful misconduct on the part of the Company.

The Seller is solely responsible for and guarantees the conformity, quality, safety, availability, lawfulness, origin and authenticity of the Lot as described in the Advertisement as well as the accuracy and completeness of its Advertisement and of the documents, photographs and information contained or referenced in the Advertisement and/or provided by the Seller in the context of the Advertisement Verification.

The Seller undertakes to respect and to guarantee the respect of all applicable Swiss or foreign laws or regulations and all third party rights when offering or selling a Lot, until the Lot is delivered or made available to the Buyer. In particular, but without limitation, Seller warrants and is obligated to ensure that the Lot complies with applicable Swiss or foreign export laws and regulations and Seller is solely responsible for obtaining export permits and any other documents required by such laws and regulations to validly ship the Lot to the place of delivery and allow Buyer to take possession thereof, or for the purpose of validating the sale or transfer of ownership of the Lot. Buyer shall bear all Costs, if any.

Within no more than three (3) business days after receipt of the Sale Price, Seller shall package the Lot in a manner appropriate to the nature and description of the Lot and deliver it or make it available to Buyer in accordance with the agreed upon Delivery Method and in accordance with the obligations set forth in these terms and conditions. If the Lot is delivered by mail or carrier, it shall provide a tracking number to Buyer. If the Lot is dropped off for pickup at the Company's premises or at another location agreed upon with Buyer, Seller shall notify Buyer as soon as the Lot is available for pickup. In case of a large and/or valuable Lot, Seller may request advice on the appropriate shipping method via the Platform or by email to the Company.

If the Charges are less than the Charges already paid by the Buyer, the Seller shall be obliged to refund to the Buyer any Charges collected in excess.

The risk and liability for loss or damage to the Lot shall be borne by the Seller until the Lot is delivered or made available (including deposited for pickup) at the address or location agreed upon between the Seller and the Buyer.

In the event of a problem related to the delivery, the provision or the transport of the Lot, the Seller and the Buyer undertake to cooperate in order to find an amicable solution, including with the carrier if necessary. The parties may seek advice from the Company in this regard; however, the Company shall not be liable for any damages related to the delivery, provision or transportation of the Lot carried out according to the advice given by the Company.

Unless otherwise agreed, in case of remote payment, the Buyer must pay to the Seller the Sale Price and the eventual Expenses already known according to the agreed Payment Method within three (3) working days maximum after the conclusion of the sale contract. After a delay in payment of five (5) working days, the sales contract is automatically and immediately terminated and the Seller may offer the Lot for sale again.

Unless otherwise agreed, in case of payment agreed upon at the time of the withdrawal of the Lot and if the Buyer does not pay at the time of the withdrawal the Sale Price and the possible Costs already known, the sale contract is automatically and immediately terminated and the Seller may offer the Lot for sale again.

The Buyer shall ensure that the Seller receives the full Sale Price and Costs and shall bear all costs relating to or additional to the payment (such as bank charges, charges for the use of a payment service, exchange rate charges, etc.).

Buyer shall bear all Costs, if any, whether known or unknown at the time of the conclusion of the sales contract. If Seller incurs any additional costs to the Fees already paid by Buyer, Buyer shall pay such additional costs to Seller upon presentation of receipts.

The Buyer shall ensure that no law or regulation prevents the import of the Lot into the place of delivery. The Buyer shall inform the Seller in case of any specific applicable regulations or restrictions. If the import is impossible due to applicable laws or regulations in the place of delivery, the sales contract is terminated and the Seller can offer the Lot for sale again on the Platform without having to pay a commission to the Company again. In case of impossible importation, the Costs incurred by the Seller shall be borne by the Buyer and the Seller shall refund the Sale Price and the Costs not incurred to the Buyer, if any.

The Lot shall be deemed delivered or made available to Buyer in accordance with the confirmation of receipt of the Lot by the delivery service (as confirmed by a receipt or track and trace document, certificate, acknowledgement or notice of receipt, etc.) or, if the Lot is deposited for pick-up at the Company's premises or at another location agreed upon with Buyer, upon Seller's notification to Buyer that the Lot is available for pick-up.

Unless otherwise agreed, if it is agreed that the Lot is to be picked up by Buyer, Buyer agrees to make arrangements to pick up the Lot within three (3) business days of receipt of Seller's notification that the Lot is available for pickup. Unless otherwise agreed, the Seller may retrieve the Lot and offer it for sale again if the Buyer does not withdraw the Lot within five (5) business days. In addition, if the Buyer does not withdraw the Lot within the time limit, the Buyer shall bear the amount of the commission paid by the Seller (up to 15% or 20% of the Sale Price, see clause 2). If the Sale Price has been paid, the Seller reimburses it to the Buyer after deduction of the amount of the commission.

The Buyer undertakes to (i) inspect the Lot immediately upon delivery or collection and (ii) notify the Seller and the Company via the Platform, by email or other written means within three (3) working days from the date of delivery or collection of the Lot of any deficiency or defect in the Lot or error.

The use of the Platform, these Terms and Conditions and the sales contract between the Seller and the Buyer shall be governed by Swiss law, to the exclusion of the rules of conflict and the 1980 United Nations Convention on Contracts for the International Sale of Goods.

In the event of any dispute, conflict, difference between the Seller and the Buyer or claim of either of them (hereinafter "Dispute") of any nature whatsoever, the Seller and the Buyer undertake to inform the Company immediately via the Platform or any other written or oral means. The Company may intervene to try to resolve the Dispute.

In the event of a Dispute relating to these terms and conditions or to the sales contract between the Seller and the Buyer, including their conclusion, validity, resolution or termination, the parties agree to make every effort and act in good faith to resolve the Dispute amicably. The parties may seek advice from the Company to reach an amicable agreement.

If the parties fail to reach an amicable agreement within thirty (30) days of one party informing the other of the existence of a Dispute, the courts of the Canton of Geneva in Switzerland shall have jurisdiction over any Dispute relating to these terms and conditions or to the sales contract between the Seller and the Buyer, including their conclusion, validity, resolution or termination.

The Company shall not be liable for any intervention and/or advice provided to settle or amicably resolve a Dispute.

The Company has the right to use any content published on the Platform and/or in the Advertisements for advertising and/or marketing purposes and to modify such content for such purposes. Any content published on the Platform and/or in the Advertisements by users remains the sole responsibility of the user who published the content. Any user of the Platform agrees to comply with applicable laws and regulations, including those relating to copyright. The Company has the right to remove any content that would contravene the said laws and regulations.

In case of suspected fraud or illegal activity or in case of risk of prejudicial or damaging consequences for the Platform, the Company or any user of the Platform, in particular their image or reputation, the Company may suspend or delete any account of any user of the Platform, with or without warning.

The data processed on the Platform and by the Company are subject to the Swiss Federal Law on Data Protection (DPA; SR 235.1).

The data provided by the user is collected solely to ensure the proper functioning of the Platform or a transaction concluded on the Platform.

The data necessary for the proper performance of a transaction concluded on the Platform (such as name, first name, address, contact details, etc.) are communicated only to the parties to the transaction for the purpose of its proper performance, once the Purchase has been made or the Offer accepted.

Data related to the activation of a user account (such as identification, proof of residence, etc.) are not transmitted to third parties by the Company, including other users.

This does not apply in cases where the Company discloses information to its representatives and employees, subcontractors, agents or other co-contractors for the proper operation of the Platform, for the proper conduct of a transaction or for the proper management of its business. The persons to whom information is thus transmitted will be subject to confidentiality. Similarly, the confidentiality of the information collected by the Company will not prevent it from communicating one or more of these data to a governmental or judicial authority, insofar as such communication has been ordered by an enforceable decision.

The data processed by the Company is stored on a secure server in Switzerland. Data related to the activation of an account is also encrypted.

If you have any questions regarding data processing, our administrative department is at your disposal at [email protected].

Geneva Collections may use cookies. These are text files that enable specific information to be stored on the user's terminal when the user consults the platform.

Cookies are used for analysis purposes. In particular, they make it possible to determine the frequency of use and the number of users of the pages, to analyze their behavior and to make our offer more ergonomic. If you do not wish to accept cookies, you can set your browser to refuse them.

GENEVA COLLECTIONS - General Conditions - April 2024