GENERAL CONDITIONS OF USE FOR VENDOR AND CUSTOMERS
Version updated on November 29, 2020
"CONDITIONS FOR THE VENDORS"
The individual reason Le Marché Des Artisans, whose head office is located at Rue du Valentin 75, 1400 Yverdon-les-Bains (hereinafter referred to as “LMDA”).
These Marketplace General Terms and Conditions of Sale (hereinafter the "Marketplace GTC") apply in addition, with regard to Buyers, to the Buyers T & Cs and, with regard to Sellers, to the Sellers T & Cs, in which are defined the capitalized terms used in these Marketplace T & Cs.
The Marketplace T & Cs apply to all sales of Products made on the Marketplace between the Seller and the Buyer, whether from the Site or from an LMDA point of sale. They are intended to govern the relations between the Sellers and the Buyers of Products, to the exclusion of those which are formed between the Buyers and LMDA or between the Sellers and LMDA. The relations between the Buyers and LMDA are governed by the Buyers T & Cs. The relations between the Sellers and LMDA are governed by the Seller T & Cs.
LMDA is not the seller of Products purchased through the Service; only the Seller, whose name or reference is indicated on the description of each Product, is the Purchaser's co-contractor for the purchase of said Products. The Products cannot therefore be returned or exchanged by LMDA. The Products will be invoiced by the Sellers concerned and not by LMDA.
The Products sold on the Marketplace are new products at a firm price. So-called “customizable” or modifiable products can also be referenced by the Sellers. In this case, said products may, at the request of the Purchaser, be processed before being shipped (hereinafter referred to as "Personalized Products").
1. CONCLUSION OF THE SALES CONTRACT
at. The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.
b. The Buyer selects the Product (s) he wishes to purchase.
vs. He confirms his choice of Product (s) and reads and accepts these Marketplace GTC by clicking on validation.
d. The Buyer receives an email confirming that his order has been taken into account. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutive condition that the Product is available.
e. The Seller is informed by LMDA that one or more of the Products that he has listed on the Marketplace have been the subject of an order by a Buyer (hereinafter the “Order Confirmation”).
f. In the event of non-availability of the Product, the Seller undertakes to inform the Purchaser thereof within two (2) working days of the Order Confirmation referred to in point (e) above. In this situation, the contract concluded between the Buyer and the Seller is automatically terminated and each Party is released from its obligations. The Buyer's bank account will not be debited. In the event that the Buyer has ordered several Products, only the part of the contract relating to the sale of the unavailable Product is covered by this resolution.
g. If the product is available, the Seller undertakes to respect the time limit mentioned on the product sheet to ship the Product. As soon as LMDA receives the shipment confirmation from the Seller, the Buyer's bank account will be debited for the amount of the order.
2. PRICE AND PAYMENT
The prices of the Products referenced on the Marketplace are set freely by each Seller, in compliance with applicable laws and regulations. The price of the Products is stated in CHF, and is understood to be exclusive of tax and delivery costs. The details of the taxes applicable to the sale of the Product are indicated when viewing the basket. The amount of delivery costs for each product will be added at the time of validation of the order by the Buyer. Order payments are made in cash, using one of the following payment methods:
• by credit card (Visa, Mastercard, Carte Bleue, American Express);
• through the Buyer's Paypal account.
All payments are secured by OGONE SSL encryption protocol. Notwithstanding the cash payment and in accordance with the Law on the Modernization of the Economy n ° 2008-776 of August 4, 2008, any late payment will automatically result in the application of a penalty equal to the interest rate charged by the ECB its most recent refinancing operation increased by 10 percentage points, due from the first day of delay. In addition, in accordance with Decree No. 2012-1115 of October 2, 2012, any delay in payment by the Purchaser automatically entails the application of a lump sum indemnity of forty (40) CHFs, without prejudice to penalties. delay provided for in the previous paragraph.
3. FINANCIAL PROVISIONS
For each order of Products received by a Buyer, LMDA will receive from the Seller a commission equal to 8% for orders under 100 CHF and 12% for orders over 100 CHF, shipping costs included and VAT extra.
LMDA.com will return to the Seller the total amount of the price of the order in question, after deduction of the commission, after delivery by the Buyer of the receipt of the Product (s) purchased. Payment will be made by transfer to the bank account whose contact details have been provided by the Seller in "My account" after said confirmation.
LMDA.com reserves the right to suspend the payment of sums due to the Seller in the event of failure by the Seller to fulfill its obligations.
4. MODES AND COSTS OF SHIPPING
Products can only be shipped to addresses located in Switzerland. Except in the case of the Sale of Personalized Products, the Seller undertakes to send the Purchaser the Product (s) ordered within the period appearing on the product sheet, from the Order Confirmation; the Seller making a firm commitment to ship the Products within the specified time. The Products are delivered to the address provided by the Purchaser when placing the order. It is therefore the sole responsibility of the Purchaser to ensure that the information that he communicates to LMDA for this purpose is and remains correct and that they will enable him to receive the Products that he purchases on the Site. Where applicable, the Buyer chooses between the different shipping methods offered by the Seller. Once the Product has been shipped, LMDA will inform the Purchaser by providing the delivery tracking number, if applicable. The Products travel at the expense and risk of the Seller.
5. RIGHT OF WITHDRAWAL
For any Purchase made on the Marketplace, the Buyer has a period of fourteen (14) days from receipt of the Product (s) ordered to exercise, from said Seller, his right of withdrawal, without have to provide justification or pay a penalty (hereinafter the “Right of Withdrawal”). Notwithstanding the foregoing, the Right of Withdrawal does not apply to:
• Personalized products or tailor-made products;
• Products that have been the subject of an installation;
• Products which can deteriorate or perish quickly (food products);
• Open and non-returnable products for reasons of hygiene or health protection (in particular products intended for food contact);
• CDs, DVDs or computer software that has been opened in the box.
• computer hardware (personal computers, workstations, server, tablets, smartphone, etc.) on which licensed software solutions are preinstalled.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) subject to the right of withdrawal will be refunded, with the return costs remaining the responsibility of the Buyer. Products subject to the right of withdrawal must be returned within fourteen (14) days of exercising this right, in their original condition (except normal wear and tear) and complete (packaging, accessories, instructions. ..) in the same packaging as that used for shipping. Products subject to the right of withdrawal travel at the risk of the Buyer. The refund will only be made after receipt by the Seller of the products concerned. The Buyer exercises his right of withdrawal directly from the Seller concerned using the messaging tool made available to him on his "Personal Area", "Returns" section. The Buyer must return the Products to the address indicated by the Seller. The reimbursement of returned Products is made by LMDA by crediting the Buyer's bank card or Paypal account used for the order, as soon as possible and at the latest within thirty (30) days following the date on which the right has been exercised.
6. DISPUTES - DISPUTES
5.1 Reservations with the carrier
In the event of transport damage or missing merchandise (in particular when the package is clearly damaged), the Buyer will be required (i) to make all specific and reasoned reservations (i) upon receipt on the waybill in presence of the carrier or (ii) within three (3) days of delivery by registered letter with acknowledgment of receipt sent to the carrier, in accordance with Articles L133-3 et seq. of the French Commercial Code. The Buyer must also send a copy of these reservations to the Seller via the messaging tool provided. In the absence of reservations within the time limit, the goods will be deemed to have been received in good condition.
5.2 Damaged or non-compliant product
Any Buyer has the option of reporting in his account, within 30 days of the shipment of any Product, any complaint concerning the Products ordered, according to the following criteria:
• Product not received: the Product has not been received by the Buyer;
• Non-compliant Product: the Product received does not correspond to the Product ordered;
• Damaged Product: the Product received is broken or damaged.
Disputes are settled directly between the Buyer and the Seller, using the messaging tool made available to them on their Personal Space. If the Product is returned by the Purchaser, the product must be shipped in the condition in which it was received, in its original packaging, with all the accompanying elements (instructions, accessories, packaging, etc.) The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute. If the Buyer's claim is founded, the dispute declared by the latter will result in either the return of the ordered Product or its reimbursement.
7. PERSONAL DATA
This article supplements the provisions relating to personal data appearing in the Buyer T & Cs and the Seller T & Cs. The Buyer and the Seller are informed that all the data collected within the framework of the Marketplace when placing orders are processed by LMDA for the purpose of processing said orders. Buyers' information and data relating to delivery are sent by LMDA Direct to Sellers for the sole purpose of enabling them to ship the Products ordered and to prepare the invoice. They may in no case be used by the latter for other purposes, in particular for sales canvassing purposes. In the event of difficulty concerning the processing of this data, the Buyer and the Seller may contact LMDA directly, under the conditions set, as the case may be, in the Buyer T & Cs or in the Seller T & Cs. The Sellers undertake to ensure the security of the personal data that they keep for the purposes of carrying out and monitoring orders.
8. PARTIAL NULLITY
If one or more stipulations of these T & Cs are held to be invalid or declared as such in application of a law, regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.
9. APPLICABLE LAW
These general conditions are subject to French law. Any dispute relating to their interpretation and / or their execution comes under French jurisdiction.
"CONDITIONS FOR THE CUSTOMERS"
Version updated on November 29, 2020
The individual reason Le Marché Des Artisans, whose head office is located at Rue du Valentin 75, 1400 Yverdon-les-Bains (hereinafter referred to as “LMDA”). (hereinafter referred to as "LMDA"). LMDA is setting up on www.LMDA.eu (hereinafter referred to as the "Site"), a virtual marketplace (hereinafter referred to as the "Marketplace") allowing buyers (hereinafter referred to as "Buyers") to get in touch with professional sellers (hereinafter referred to as the "Sellers") and to buy from them (hereinafter referred to as the "Purchase") new products at a firm price (hereinafter referred to as the "Products") . In order to use the Marketplace, the Buyer agrees to abide by these Buyers General Conditions of Use (hereinafter referred to as the "Buyers T & Cs") without restriction or reservation. This acceptance is materialized by a validation "click" when registering on the Marketplace and during each order. Purchases made through the Marketplace between Buyers and Sellers are governed by the General Conditions of Sale (hereinafter referred to as the "GTC") which must be accepted by the Buyer upon each Purchase. LMDA reserves the right to modify these Buyer T & Cs at any time. However, these new Buyer T & Cs will not apply to transactions in progress at the time of their entry into force. Terms starting with a capital letter and defined in these Purchaser T & Cs, can - if applicable - be used in both the singular and the plural.
The purpose of these Buyer T & Cs is to define the conditions of use of the Marketplace by Buyers.
2. DESCRIPTION OF THE MARKETPLACE
The Marketplace is made up of a set of tools allowing Buyers to register on the Site, to get in touch with Sellers in order to place orders for Products, to adjust the price of these Products, to confirm the receipt of the Products and to communicate with each other using a messaging tool made available to them. Transactions made through the Marketplace for the purchase of Products are concluded directly between the Buyer and the Seller. LMDA is in no way a reseller of the Products offered by the Seller through the Marketplace. In the event of non-compliance with any of the provisions of these Buyers T & Cs, LMDA reserves the right to temporarily or definitively interrupt access to the Marketplace for the Buyer, by suspending or terminating these without notice or compensation.
3. ACCESS TO THE MARKETPLACE
Access to the Marketplace is reserved for strictly professional use. To this end, the Buyer expressly acknowledges making his Purchases on the Marketplace for the needs of his professional activity. If the Purchaser is a legal person, the natural person who purchases on behalf of the Purchaser acknowledges being duly authorized for this purpose. In any event, the Purchaser acknowledges having the legal capacity allowing him to make Purchases on the Site. Use of the Marketplace by Buyers is free, with no obligation to purchase. In addition to accepting these Buyers' T & Cs, access to the Marketplace is subject to the Buyer opening an account on the Site. To use the Marketplace, the Buyer must use the username and password (hereinafter referred to as "Identifiers") created when opening their account on the Site. The Purchaser agrees to keep the Identifiers secret and not to disclose them to any third party. The Buyer is solely responsible for access to the Marketplace through his Identifiers, unless there is proof of fraudulent use which is not attributable to him.
4. PERSONAL DATA
Information and data relating to any natural person representing the Buyer is processed by LMDA; Unless otherwise specified, they are essential for the management of the Buyer's account and his access to the Marketplace. The information necessary for delivery and invoicing will be transferred to the Seller for these purposes only. This information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent, where applicable, on LMDA. In accordance with the law known as "Informatique et Libertés" of January 6, 1978, the Purchaser has the right to oppose, access, rectify and delete personal data concerning him, under the conditions provided by law. . In accordance with the regulations in force, any request submitted in this capacity must be accompanied by a photocopy of an identity document bearing the signature of the requester and specify the address to which the response must be sent. A response will then be sent within a maximum of 2 months following receipt of the request.
5. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright as well as intellectual property, for the duration of the protection of these rights and for the whole world. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.
LMDA is in no way responsible for transactions between Sellers and Buyers to which it remains completely unrelated. LMDA's liability to the Purchaser can only be incurred for facts which are directly attributable to it and which would cause it damage directly related to these facts. It cannot be engaged for indirect damages. LMDA cannot be held liable for any misuse of the Marketplace by the Buyer or any fault on his part. It can not be committed either because of facts attributable to a third party to the Marketplace. In addition, in accordance with article 6-I, 2 and 3 of law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, LMDA cannot be held liable for the content made available on the Site by the Buyers or the Sellers, in particular as regards the description of the Products or the assessments that the Buyers make of the Sellers, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by this law. Finally, LMDA declines all responsibility with regard to the Sales concluded by Buyers through the Marketplace with Sellers, to which it remains unrelated. Any dispute relating to a Sale concluded with a Seller must be addressed to the latter. Any complaint relating to the comments appearing on the description of the Products or to the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard. The Buyer is solely responsible for the use he makes of the Marketplace, in particular for the assessments he makes on the Site, and undertakes to guarantee at first request to indemnify and compensate LMDA for any damage, loss, lack to gain, which LMDA could suffer if its liability were incurred by a third party, due to an action related to this use of the Marketplace by the Buyer.
7. PARTIAL NULLITY
If one or more stipulations of these Buyers T & Cs are held to be invalid or declared as such in application of a law, regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.
8. APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
These Buyers T & Cs are subject to French law. Any dispute relating to their interpretation and / or their execution is subject to the jurisdiction of the courts of the jurisdiction of the head office of LMDA.