Terms

PREAMBLE

PRESENTATION OF THE SERVICE OFFERED

This auction and e-commerce platform is designed to be a user-friendly, enjoyable, and useful experience. Sometimes transactions on the internet can involve certain risks, so we advise you to read these Terms and Conditions of Use (TCU) before posting your bids, making purchases, or opening your own store on the platform.

Users agree to comply with the General Terms and Conditions of Use of the mesencheres.ch website and expressly acknowledge and accept that any breach or violation of these terms and conditions will result in the deletion of their account and the cancellation of any sales in progress, particularly in the event of non-compliance with the list of items prohibited from sale (mentioned in the “Prohibited Items”) on mesencheres.ch. The costs associated with using the platform remain the property of mesencheres.ch and will not be refunded, even partially.

mesencheres.ch is in no way responsible for the non-fulfillment of an obligation or non-payment for items offered for sale on this platform, nor for the content of the advertisements. No compensation or reimbursement of costs may be claimed from mesencheres.ch.

In the event of fraud by a user revealed following an auction won by them, mesencheres.ch will, as far as possible, cancel the sale and auctions relating to the product.

DEFINITIONS

“mesencheres.ch” or “the platform” provides registered users or store owners with an interface for selling items through auctions, fixed prices, and offers, and for purchasing items.
“User”: a person registered on the platform in accordance with the Terms and Conditions of Use and who is authorized to bid on offers or sell items.
“User account”: a personal account used by the “user” to track their purchases, sales, and accounting transactions.

“Last bidder”: user who was the last to bid. The last user whose bid was received by the platform server at the end of the countdown will be considered the last bidder. “Credit”: Paid bidding right.

1 – REGISTRATION / TERMINATION / EXCLUSION

1.1 The user affirms that they are of legal age, have full legal capacity, approve the General Terms and Conditions of Use of the platform, and will not provide false information when registering. Use of the platform will be considered as unequivocal acceptance of the General Terms and Conditions of Use.

1.2 Sales offered by the platform are open only to holders of a user account. A user account is created by sending an electronic form duly completed by the user and after receipt of a confirmation email sent by the platform administrator.

1.3 The platform reserves the right to ask the user at any time for proof of address and a photocopy of their identity document. The personal information of users collected by the platform will not be disclosed to third parties. The user is informed of their right to access and modify their personal information collected during their registration or transactions on the platform.

1.4 It is the user's responsibility to keep their usernames and passwords confidential and not to disclose them to third parties. mesencheres.ch cannot be held liable in the event of fraudulent use of the personal data in the user account by a third party.

1.5 Any user may request to unsubscribe from the platform at any time.

1.6 Only one account may be opened per user.

1.7 Users' attention is specifically drawn to the fact that correspondence will be conducted exclusively by electronic means, to the express exclusion of postal mail.
Consequently, mesencheres.ch cannot be held liable for any errors in the email address provided by the user during registration.
Any error messages from mail servers relating to an unknown address, such as “Unknown Address, Return to Sender,” “Message Delivery Failed,” “Unknown User,” will be enforceable against the user as a result of an error on their part in providing registration information.

1.8 You agree that this platform may, at its discretion, terminate any registration or use of the service immediately and without notice if:

- We believe that you are not complying with the Terms and Conditions of Use of this platform.
- You have repeatedly violated clauses of our Terms and Conditions of Use.
- You have posted one or more items that are suspicious or appear on the list of “Prohibited Items,” which forms an integral part of these Terms and Conditions of Use.

You are solely responsible for the content of your listings. You must ensure that your participation in auctions does not violate any applicable laws or regulations. By this we mean that you must verify that you have the right to purchase or sell the item in question, that it is not prohibited by any law or regulation, and that it is not included in our list of “Prohibited Items” for sale.
You must not transmit any illegal, defamatory, abusive, threatening, harmful, obscene, or objectionable material via our platform. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or violate any applicable law or regulation.

mesencheres.ch is a platform that allows sellers to post ads and buyers to bid on/purchase items for sale or donation. We are not involved in the transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items listed, the accuracy of the ads, the ability of sellers to sell items, or the ability of buyers to purchase items.

We cannot control whether sellers will honor the purchase of the items they sell or whether buyers will pay for the items they have purchased. Additionally, please note that there are risks involved in dealing with individuals residing outside the country, minors, or individuals acting under a false identity.

mesencheres.ch shall not be held liable for items sold through its platform or affiliated stores, for any damage to items during shipping or during the return period of the purchased item (if such a return option has been agreed upon by both parties within the specified return period), nor for false statements and/or breaches of contract by either the buyer and/or the seller. This platform shall not be liable for the cost of purchasing replacement goods or for any loss of purchased or obtained products.

mesencheres.ch reserves the right, without formal notice or compensation, to temporarily or permanently suspend or delete the user account of a platform user or to close a store that violates the General Terms of Use of mesencheres.ch.

Similarly, users who commit the following acts will be subject to a ban from accessing the platform, the reporting of information regarding the violation to the competent authorities, and the return of fraudulently acquired items:

- Providing false or misleading information
- Hijacking a user's account. Using a third party's bank details.
- Engaging in any form of fraud to win a purchase option at the expense of other bidders.
- Attempting to interfere with the normal operation of the platform.

mesencheres.ch assumes no responsibility for the content of listings. However, if you are the victim of a fraudulent transaction, we will assist you to the best of our ability, but without any financial guarantee or refund of any kind.

2 - PLATFORM OPERATION

2.1 Sales in the form of auctions, bid submissions, or fixed-price sales are open 24 hours a day, every day (except during platform maintenance or server outages). In any case, mesencheres.ch or its service providers will do everything possible to restore service as quickly as possible.

2.2 mesencheres.ch shall not be held liable under any circumstances for the malfunction of a telecommunications network, an Internet service provider, a server, or a computer that adversely affects the platform user.

2.3 The user who is the last bidder at the moment the countdown reaches 0 (zero) wins the auction. Each bidding user is therefore deemed to have agreed to the item and the price resulting from the auction and will not contest the terms of the sale upon its conclusion (auction closing).

Each new bid extends the duration of the sale by several additional minutes, allowing other users to outbid.

2.4 A bid made by a user during an open sale, followed by a confirmation message from the platform, shall be considered a valid bid. For technical reasons, confirmation of this bid may not be immediate and may be delayed by a few seconds.

2.5 The winning bidder wins the auction and receives a confirmation message stating the item’s price, shipping costs (if applicable), or other listing or closing fees, as well as the estimated delivery time, which marks the start of the withdrawal period defined in Section 4.

If payment is not made within the aforementioned withdrawal period, the user will be deemed to have withdrawn from the sale, and the provisions of Article 4 below will apply.

2.6 In the event of an interruption to an auction due to a technical issue with the platform, the auction is frozen and then saved as is, to the extent possible. If the platform’s normal operation is restored within 24 hours of the sale’s interruption, the sale is not void.

2.7 Payment of the winning bid price by the highest bidder shall be made via electronic payment or any other payment method provided by mesencheres.ch and accepted as legal tender.

3 - STORES

3.1 All registered users may open their own store by paying a monthly subscription fee.

3.2 Each store establishes its own Terms of Use; in the absence of such terms, the Terms of Use of the mesencheres.ch platform, as well as the Privacy Policy and the list of items prohibited for sale on the platform, shall apply.

3.3 Store owners agree to comply with the General Terms of Use of the mesencheres.ch platform, as well as the Privacy Policy and the list of Prohibited Items. In the event of non-compliance with these terms, mesencheres.ch reserves the right to close the store and terminate the user account immediately and without any financial compensation.

3.4 Store owners also agree to strictly comply with the provisions of the Federal Act Against Unfair Competition (UCA) https://www.fedlex.admin.ch/eli/cc/1988/223_223_223/fr, in particular Article 3 “Unfair advertising and sales methods and other unlawful conduct,” as well as Article 3a “Discrimination in distance selling.” 

4 – AUCTIONS - CANCELLATION

4.1 The winning bidder generally has a 14-day cancellation period applicable to distance sales; however, in the case of sales between private individuals, this period may be shorter or even non-existent. In the event of withdrawal, both parties (Seller and Buyer) shall determine the terms for returning the item, reimbursement, and return shipping costs, if applicable. mesencheres.ch will not intervene in this process and disclaims all liability.

If this period expires on a Saturday, Sunday, public holiday, or non-working day, it is extended until the next business day, in accordance with the provisions of the Swiss Code of Obligations.

4.2 Following the buyer’s withdrawal within the legal timeframe, the refund of the purchase price, if applicable, is made within 30 days of the date on which the right of withdrawal is exercised, in accordance with the requirements of the Swiss Code of Obligations.

5 - DELIVERY

5.1 Auction winners must verify that the products are in good condition upon receipt. In the event of a dispute, mesencheres.ch is in no way responsible for the condition of the item. The buyer must contact the seller or the affiliated store directly.

5.2 Shipping costs, which are the responsibility of the winning bidder, may vary depending on the size and weight of the item. For more information, please contact us. Unless otherwise agreed, the item will be shipped to the address provided when the user registered on the platform. It is the user’s sole responsibility to verify the accuracy of the information provided during registration.

5.3 Delivery occurs upon receipt of payment for the item by the winning bidder or by prior agreement between the two parties.

5.4 Delivery is made only within Switzerland, unless otherwise agreed upon by the parties involved.

5.5 If delivery is impossible due to an incorrect address, the user will be asked to correct the information within 10 days of receiving the email notifying them of the delivery failure.

5.6 Shipping costs and any packaging materials are the responsibility of the buyer. List of packaging sold by Swiss Post, Click here

5.7 Reshipping costs will also be borne by the buyer, unless otherwise agreed upon in advance with the seller.

6 - PUBLICATION FEES

6.1 Rates, as well as the prices of options selected by the seller, are subject to change without prior notice.

6.2 Unless the listing is free, the base cost of selling an item consists of the listing fees, as well as the final transaction fees for the sale (closing), plus any fees for options offered by the mesencheres.ch platform (e.g., highlighting the listing, front page, etc.).

Unless the listing is free of charge, sellers pay the listing and closing fees, even if the sale is not finalized.

6.3 Classified ads (if this option is enabled on the platform) are free. However, options to highlight the listing are subject to the current rates, unless free of charge.

6.4 The monthly store subscription includes a certain number of listings depending on the selected option. This subscription is automatically renewed monthly and may be canceled at any time effective at the end of a month. It may be resumed without further notice.

7. INTELLECTUAL PROPERTY

mesencheres owns the content (domain name, design, logos, text, images, and photographs) that forms an integral part of the platform, with the exception of the graphic content and text from stores hosted on the mesencheres.ch platform.

Users of the mesencheres.ch platform agree to use exclusively information (domain name, design, logos, text, images, and photographs) of which they are the legitimate owners or for which they have received express authorization to use from the owner of such data.

8. WARRANTY

8.1 The buyer and seller shall agree among themselves on the terms of the warranty (if provided by the seller in the item’s terms of sale). mesencheres.ch assumes no liability in this regard.

9. LEGAL NOTICE

Owner of the mesencheres.ch website: A. Basterrechea
Address: Av. André Schnetzler 2 - 1003 Lausanne
Phone: 079 535 07 37
Email: tonyb@citycable.ch

10. GOVERNING LAW

The law applicable to contractual relationships is Swiss law, and the competent courts are those located within Swiss territory.

Place of jurisdiction: Lausanne, Switzerland