Sowing.ch General Terms and Conditions of Use and Sale
Welcome to Sowing.ch, a platform that aims to bring together creators and buyers for handmade, artisanal and local products, managed by Sowing.ch Voisard, rue des Sources 41, 2800 Delémont.
The use of the site is intended for private use only. Commercial use, such as reselling products purchased on the platform to other potential buyers, is prohibited.
Sowing.ch may change the conditions set forth in these Terms and Conditions of Use and its policy regarding the offering for sale without having to indemnify members. Members may be informed of the changes and will be subject to these new conditions. The changes may also affect the commission retained by Sowing.ch. The member will be kept informed of these changes and in case of non-acceptance, the member is free to close and terminate his account. Sowing.ch reserves the right to modify or change these terms and conditions at any time without having to compensate members. These Terms and Conditions are available for viewing at any time. If you continue to use the platform after a change to the Terms and Conditions, this means that you accept these changes.
Sowing.ch also reserves the right to modify or discontinue, temporarily or permanently, the platform and its content with or without notice.
These Terms and Conditions may be terminated at any time by Sowing.ch or by the Member, by terminating his account. Sowing.ch may suspend or delete a member’s account if the Terms and Conditions are not respected.
Sowing.ch allows creators to create a personalized virtual store and to put their creations on sale in order to be acquired by buyers as long as they respect the present Terms and Conditions and the legal provisions.
Sowing.ch, except special condition indicated in the Terms and Conditions, does not intervene in any way between the buyers and creators during the transactions. These two parties alone conclude the sales.
Members, by accepting these Terms and Conditions of Use, relieve Sowing.ch of any liability in case of conflict, claim, except mandatory legal provisions. Nevertheless, Sowing.ch may intervene if necessary in the role of mediator.
Sowing.ch is not the owner of the creations offered for sale on the platform and cannot be held responsible in any way for the creations and products offered. Sowing.ch never intervenes in any way in the manufacture and all that includes it and in the sending of the products and therefore has no possibility of control and gives no guarantee that the products will be suitable for the buyers. Sowing.ch can promote creations offered for sale on the platform for the purpose of promoting the site without changing its role as an intermediary. Sowing.ch cannot ensure a total control of the platform nor of the products offered for sale, it is recommended to each member to use caution and common sense when using the platform. Sowing.ch can only be held liable for a fault committed by Sowing.ch. In case of computer problems (failure, malfunction, ...) Sowing.ch cannot be held responsible for the inconveniences and problems caused.
Each member registering on the platform undertakes to provide accurate, complete, current information and to give all the information necessary to finalize and maintain registration on the platform. You hereby agree to keep your account up to date by making the necessary changes to keep your information accurate, current and complete. In the event of well-founded suspicion that a user has provided false or inaccurate information, Sowing.ch shall have the right to suspend or terminate the user account in question without having to justify itself. Consequences arising from erroneous, invalid or untruthful information are the sole responsibility of the member concerned and the member may be refused current or future use of the platform.
For each registration, necessary to access the entire platform, the member must define a password. The member is responsible for the quality and confidentiality of the password and for any activity generated by his account. The user has the obligation to immediately notify Sowing.ch in case of dishonest and/or illegal use of his information. The member is the only person authorized to use the platform with his/her personal information and is responsible for ensuring the disconnection of the account at the end of each session. Sowing.ch cannot be held responsible for any loss or damage caused by a breach by the member of the rules of the TOS concerning him/her.
For the creation of a store, the user must also define a name. This name must not infringe the rights of a third party (copyright, trademarks, etc...). The respect of the rights of third parties is valid for the entire platform and the members themselves are responsible for respecting this right in all words, texts or images inserted. It is strictly forbidden to publish content that is racist, insulting, defamatory, slanderous, inciting to violence whatever the field concerned, paedophilic, infringing copyright, that could be qualified as fraud or criminal offence, to disclose secret information or information concerning the private life of other people, to sell products that could harm the safety or health of a third party, to attempt to damage the computer system or to hack it, to attempt to circumvent the payment of commission to Sowing. ch, to generate a loss of profit for Sowing.ch by engaging its responsibility. It is strictly forbidden to publish in any way and everywhere on the platform a URL link, an address or a domain name that could redirect the user to an external site. In the event of a breach of this rule, Sowing.ch may ask the member in question to make changes within a given period of time. In case of refusal by the user, Sowing.ch may terminate these Terms and Conditions of Use. It is also prohibited to attempt to circumvent the remuneration system. The seller undertakes to ensure that all stages of creation until the product reaches the buyer comply with the standards imposed by controlling them. Sowing.ch cannot be held responsible for any failure on the part of a seller concerning the manufacturing and marketing of products.
The member agrees that the content he publishes becomes public (except for strictly personal information) and can be seen by visitors to the platform. Each member using the platform therefore undertakes to provide content that complies with these Terms and Conditions of Use and agrees to act in a manner that respects them and the laws. Any behavior that may in any way harm the platform or anyone else may be punished.
In case of suspicion of obstruction of these Terms and Conditions of Use, you may contact Sowing at firstname.lastname@example.org.
Failure to comply with the following may result in account suspension or deletion with immediate effect. It is only possible to sell his creations, from Switzerland and in Switzerland, by creating his personal virtual store. Each member is responsible for checking that his creations respect the rules of the present terms and conditions.
Terms and Conditions and the applicable legal provisions. Sellers guarantee that they have the necessary rights to offer their products for sale and Sowing.ch cannot be held responsible under any circumstances and will not intervene except if necessary in a mediating role.
Are prohibited to sell : products that do not comply with the laws and these Terms and Conditions of Sale, products that do not correspond to the description written when they are offered for sale on the platform, products whose seller is not in possession, products or items intended for the consumption of drugs or medicines, products of human origin or animals (endangered animals, Endangered species, ivory or ivory-producing bones, pet products) that are not safe food, dangerous items that encourage violence and may affect safety, illegal and/or highly regulated, products that call, incite or glorify hatred, pornographic content, counterfeit, stolen products.
It is the duty of each creator and each buyer to ensure that the products concerned respect the laws and these TOS. The latter is solely responsible for what he offers for sale and will be judged as such in case of damage caused by his creations and products. The seller is obliged to inform itself of the specific regulations concerning the manufacture of its products and Sowing.ch cannot be held responsible for any shortcomings on its part. By accepting the Terms and Conditions of Sale, the creator undertakes to compensate Sowing.ch, to bear the costs and to reimburse Sowing.ch for any costs arising from the breach of these rules. The seller must be able to provide the necessary proof in case of a request from the authorities.
Sowing.ch reserves the right to withdraw items that do not comply with these conditions and/or to delete the account. In the event of a request from the authorities, Sowing reserves the right to provide all information requested by the authorities in the event of a breach of these rules.
When a product is offered for sale, it is mandatory to provide all the information necessary to avoid misleading the consumer, it must be complete and accurate. It is mandatory to attach photos of the product, to indicate the availability in exact time, to insert the price including VAT and delivery costs, to be in accordance with the law and the CGUV.
The information transmitted during a sale is strictly confidential and transmitted for the sole purpose of executing the order and the seller must keep it secret. The seller undertakes to send the items ordered within a period of 3 to 5 days, provided that this does not concern unique or personalized creations for which it is obvious that additional time is required. If the deadlines could not be met, it is advisable to contact Sowing.ch in order to be able to warn the buyer. Sowing.ch cannot be held responsible for a delay in shipment.
The seller, should he be absent and not be able to send orders during his absence, must put his store on standby. This can be reactivated as soon as the seller is available again. An inactive account during 3 months can be deleted by Sowing.ch.
To acquire a creation, the buyer must obligatorily create an account and has the right to hold only one. The buyer is responsible for what he buys by controlling that his purchases respect the laws.
Alcoholic beverages may not be acquired by a minor. The buyer is responsible for controlling the details of his order and must provide all necessary and accurate information to ensure payment and receipt of products.
It is his duty to correct any error he may have made. By placing an order, the buyer accepts that the information intended for delivery (name, first name, address) be transmitted to the seller in order to ensure proper delivery of the products. Confirming the order by validating the purchase comes down to the conclusion of a sales contract with the seller.
CONCLUSION OF THE SALE, PAYMENT AND DELIVERY
The shipment will be made only in Switzerland. It is the duty of the seller and the buyer to ensure that the products concerned comply with Swiss law. The price of the delivery must be calculated as accurately as possible by the seller and included in the selling price.
It is possible to add items from various sellers in the basket and to pay the full amount in one go although each order is managed and sent by the different sellers.
Prices are indicated in CHF, including VAT and delivery costs. It is the responsibility of the sellers to pay the VAT to whomever is subject to it.
The sale is considered as concluded between the buyer and the seller as soon as the sale is finalized.
The seller is obliged to respect correct delivery times, i.e. shipment within 3 to 5 days following the order. He is responsible for the shipment and the creations are sent at the expense and risk of the buyer. seller.
The seller undertakes to pack and send its products with care in order to ensure that the goods are received in the best conditions. The buyer is legally obliged to check the status of the order in the presence of the delivery man. All costs are generally included in the sales price. The risks shipping and possible damages are normally at the expense of the buyer. In the event of damage during delivery, the buyer must be aware of these facts in order to intervene with of the parties involved.
As Sowing.ch is in no way responsible for sales, no guarantee is provided and Sowing.ch cannot be held responsible in case of problems, damage, lost package, theft or delay.
RETURNS AND COMPLAINTS
Sowing does not offer any guarantee on the products sold and will not be held responsible in case of dissatisfaction of the buyer. Returns are not possible for used and opened consumable products (e.g. food, cosmetics, ...), for personalized creations or unique creations made at the request of the buyer. Returns must be made within a maximum of 10 days after receipt of the items. The costs of return remain the responsibility of the buyer. Products must be returned as received, in their original packaging. A returned item that has been damaged by the buyer will be refused and returned. Both parties agree to settle any problems quickly. In the event of a return accepted by the seller and whose steps have been taken within the time limit, the buyer will receive a voucher of a value equivalent to his purchase to be used on Sowing.ch. If items do not arrive, the buyer must address a complaint to the seller. After a period of 30 days between the order date and the complaint, the order will be considered as completed and a complaint or refund will no longer be possible.
Sowing.ch is in no way concerned and responsible for returns and will not intervene. If complaints are made repeatedly against a seller or buyer, Sowing.ch reserves the right to react by deleting the account of the member concerned.
The Sowing.ch platform is remunerated by taking a 10% commission on sales. The deduction is made automatically at the time of the final purchase by the buyer. Sellers and buyers agree to remunerate the platform in this way as soon as they accept the present Terms and Conditions.
In case of return, the commission remains due to Sowing.ch.
PLACE OF JURISDICTION AND APPLICABLE LAW
These general terms and conditions of use and sale and any questions that may arise from them shall be governed by Swiss law.
Any dispute or litigation will be brought before the Swiss courts.
In case of doubt concerning the present Terms and Conditions of Use, the French version shall prevail.
Delémont, December 2020