Terms and Conditions
Last update: April 22nd 2024
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Petit Marché mobile application (the "Service") operated by ADC Development and Communities ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Petit Marché mobile application.
Your access to and use of Petit Marché is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Petit Marché.
By accessing or using Petit Marché you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access Petit Marché.
Introduction
The mission of Petit Marché is to make it easy, efficient and appealing for parents to buy and sell preloved children’s clothes and items within Switzerland.
Petit Marché makes it possible to sell and buy via the many ads. There is a direct contact between buyers and sellers. Petit Marché is the intermediary making it possible for the people would like to sell what they no longer need to connect with buyers who are looking for secondhand for kids. It is possible for the user to be a buyer and a seller at the same time.
Accounts
You can only register as a private user of Petit Marché, not as a business user. If we suspect that a private user is using the account for business purposes, we reverse the right to exclude the user from Petit Marché at our sole discretion.
In order to buy or sell an item it is required to create an account. To create an account you will be asked to provide certain information including, but not limited to, your name, date of birth and address.
When selling an item, you are additionally required to add your IBAN to your account information, so that money can be transferred to your bank account when a buyer pays for your item directly within the app.
As a buyer you are required to create an account and add your credit card information to buy an item directly in the app.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Petit Marché at our sole discretion.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be held responsible for any damages occurred shall you not inform us immediately of such breach of security.
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Verification of accounts
All accounts will be verified by our payment provider Stripe. An automatic verification process is carried out and in most cases it will be possible to verify an account based on the requested information in the app. However in a few cases Stripe furthermore requests a copy of an ID document. In these specific cases the seller will be notified after an item has been sold and the seller will be redirected to Stripe where they will be required to upload a copy of an ID document. All information will naturally be treated with the highest level of confidentiality.
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Ads
You must accurately describe the items which you sell via Petit Marché’s services, and you are sole responsible for any errors or omissions in your descriptions, if the item is received by the buyer in a state other than what was promised. Trademarks or other indications of origin or make, size, measure, etc., that you include in your item description, must be completely accurate and not misleading to other users. Remember that in case of defects, missing parts or wear and / or if you have bought item second-hand, this must be mentioned in the description.
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It is furthermore the responsibility of the seller to indicate the accurate weight of the item, which will determine the shipping cost. If this is not properly indicated Petit Marché maintain the right to invoice the seller the difference between stated shipping price and actual shipping price.
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Every ad must include at least 1 picture of the item being sold. We encourage you to take pictures with a clear white background in order to maintain a uniform look in the app. We keep the right to refuse an ad if the pictures included do not live up to these criteria. We do allow professional pictures of a specific item as long as at least one of the pictures represents the actual item for sale.
We do not accept ads with several items for sale within one ad. The purpose of Petit Marché is that it should be easy for the buyer to find exactly what they are looking for and if you have several items for sale in one ad, it will disrupt this purpose. However we do approve ads where you have a number of the same article same size for sale, such as 4 body stockings size 6 months.
Transactions
Petit Marché is a marketplace platform exclusively making listings available to users and is not a party in transactions between users. Petit Marché is therefore not responsible for the items being bought and sold, nor is responsible for the actions of neither the buyers nor the sellers.
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Transactions can be carried out in 2 ways.
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Pick Up. In this case the buyer and seller must find a time to meet so that the item can be handed over in person.
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Post. In this case the seller is responsible for sending the item to the buyers home by Swiss Post.
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Returns
Petit Marché cannot be held responsible for any returns and we encourage the buyer and seller to resolve any returns directly among themselves. However if as a buyer you are not happy with your item, because it is not the right size or it does not match your taste, we allow you to resell it on Petit Marché free of charge.
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In the case that an item clearly does not live up to the description in the app or is faulty we allow the possibility of banning the seller from Petit Marché. In this circumstance the buyer must contact Petit Marché and inform us about the situation and we will take the necessary measure.
Payment in the app
If you wish to purchase an item in-app, you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases and agree to do so.
If a buyer decides to purchase an item in-app your credit card will be charged the moment you confirm the purchase and the money will be transferred to a third-party account, managed by Stripe, our payment provider. The money will not be transferred to the seller until the moment you have confirmed to have received your item.
There is a 90 day limit for the buyer and seller to meet. If this limit is surpassed the money will automatically be transferred back to the buyers account.
Petit Marché cooperates with Stripe to offer secure payments. Stripe has a European bank license and is publicly regulated in order to handle transactions securely. Petit Marché does not keep your bank and/or credit card information. This information will be stored with Stripe, which in connection with their European banking license is required to keep the information under enhanced security terms, to which you agree by using this method of payment.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Nevertheless, we cannot be held responsible for not doing so automatically; it is your responsibility to inform us immediately of any suspicious activity. We will not be held responsible of any damages occurred shall you fail to inform us immediately of any unauthorized transaction.
The seller will be charged a 10% commission of the sales price on all sales . This fee will cover the costs to the payment provider Stripe as well as administration costs of Petit Marché.
Rights to Cancel Your Purchase or Sale
It is possible for the buyer as well as the seller to cancel a transaction at any moment up until the transaction has been confirmed by the buyer and finalised. The moment a cancellation takes place the full amount will be transferred back to the account of the buyer.
There can be a number of reasons for which either the buyer or seller decides to cancel the transaction, such as the item having been sold already or the item does not fit with the description in the ad. Cancellations should NOT take place only because the buyer has changed his mind, as Petit Marché will have to cover the various fees related to a cancellation.
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Stripe
Payment processing services for users on Petit Marché are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Petit Marché, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Petit Marché enabling payment processing services through Stripe, you agree to provide Petit Marché accurate and complete information, and you authorize Petit Marché to share it and transaction information related to your use of the payment processing services provided by Stripe.
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Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Petit Marché may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
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Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to Petit Marché, including its legality, reliability, and appropriateness. We will not be held liable for any of the Content you post, link, share, etc.
By posting Content to Petit Marché, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Petit Marché. You retain any and all of your rights to any Content you submit, post or display on or through Petit Marché and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of Petit Marché, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through Petit Marché does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve the right to remove, at our sole discretion, any Content that does not comply with the present provision and the present Terms and Conditions in general.
Intellectual Property
Petit Marché and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ADC Development and Communities and its licensors. Petit Marché is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ADC Development and Communities.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ADC Development and Communities.
ADC Development and Communities has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ADC Development and Communities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
Petit Marché reserves the right to suspend or terminate a user’s account, if it is or appears to be in violation of the terms of use of Petit Marché or applicable legislation in your country of residence, and at its sole discretion. Individuals, whose account has been canceled or closed, are banned from re-entering Petit Marché without prior consent. Such attempts will result in the expulsion of the account in question without notice.
Upon termination, your right to use Petit Marché will immediately cease. If you wish to terminate your account, you may simply discontinue using Petit Marché.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding Petit Marché.
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Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using Petit Marché.
Role and Responsibility
Petit Marché has no liability for the seller or buyer’s behavior, conduct, actions, information, descriptions, representations and guarantees made in connection with, before or after, transactions made via Petit Marché.
Petit Marché does not keep track of, does not warrant and is not responsible for the quality, safety, and legality of the items sold in a transaction. Petit Marché does not warrant that the seller has the will and ability to deliver and sell the goods advertised or that the buyer has the will and ability to buy the goods bid on. Petit Marché cannot, and does not, control the validity of transactions. Any disputes arising between sellers and buyers shall not involve ADC Development and Communities and shall be resolved between sellers and buyers directly.
Contact Us
If you have any questions about these Terms, please contact us at anna@petitmarcheapp.com