GENERAL TERMS AND CONDITIONS
ARTICLE 1: SCOPE OF APPLICATION
The present general terms of sale are intended to regulate the relations between:
- The company JBY S.A. 59 route des Jeunes 1212 Grand-Lancy/ Geneva, editor of the website MyPrivateCellar and
- The internet User having agreed to the terms of use of MyPrivateCellar, hereinafter referred to as Buyer or Seller
The site brings together Sellers and Buyers wishing to sell or buy wine, champagne, spirituous, accessories and acts as a trusted third party between the Buyer and the Seller : when a Buyer purchases a product, the transaction amount is debited from Buyer's payment method and credited to the Seller account after the Buyer has received the item.
The Site plays an intermediary role and cannot be held responsible for disputes declared outside a period of 1 working day from the date of receipt of the package (date as per postmark) following receipt of the item by Buyer, binding only the Buyer and Seller. In this case, MyPrivateCellar will be able to do everything possible to help the parties reach a compromise.
ARTICLE 2: REGISTERING ON THE WEBSITE
2.1. Opening an account
In order to register on the site, the User has to create an account. The User undertakes to update the information supplied to MyPrivateCellar as soon as possible. He is solely responsible for any consequences of failure to update such information. The User must be at least 18 years of old.
The username and password are strictly personal and confidential. The registered User is only authorized to access the Website using the username and password. The User agrees not to provide access to any other person under his identity or username.
The User agrees not to create or use other accounts than that which he initially created, be it under his own identity or that of third parties. Any derogation from this rule will be subject to an explicit request from the user and express authorization from MyPrivateCellar. Creating or using new accounts under one’s own identity or that of others without having requested and obtained permission from MyPrivateCellar may result in immediate suspension of the User’s accounts and all related services.
As soon as an Item has been sold on the website, the Buyer agrees that his full name and delivery address are revealed to the Seller for shipping the product bought to the Buyer. The Seller agrees to keep these information confidential and not to disclose them.
2.2. Creating a profile page
Once registered on the website, a User is assigned a Profile Page. The pseudonym used when registering will be automatically used on the Profile Page. Among the information appearing on the Profile Page in case it was provided by the User on the "Personal Information" page, will include surname, the Seller's quality (individual, professional or blogger), postal code, city, the User’s profile picture. The Profile Page could also contain other information on items already sold by the User, his rating by other Users, ...
2.3. Rules of good conduct
The User undertakes not to provide their contact information (phone number, address, email ...) in their ads or in questions and answers relating thereto, or in the name or catalog description. Otherwise, MyPrivateCellar will remove this information without having made any prior demand to the Internet User. The User undertakes not to make direct contact with other Users except in the comments area provided on the website for this purpose.
The User undertakes not to use the website, specifically through comments, for statements which are indecent, abusive, and defamatory or anything that may prejudice the reputation of other Users. In case of non-compliance with this obligation, MyPrivateCellar reserves the right to suspend the User’s account without prior notice. In case of repetition, MyPrivateCellar reserves the right to permanently terminate the User’s account.
The User agrees not to publish photographs whose content would be inappropriate (nudity, violence ...). MyPrivateCellar reserves the right to remove any content it deems inappropriate and also delete the accounts of Users in some cases.
ARTICLE 3: PERSONAL INFORMATION AND THE PROTECTION OF PERSONAL DATA
3.1. MyPrivateCellar undertakes not to infringe the privacy of Users of the Site and the confidentiality of information provided.
When registering on the Site, the User must provide personal information including name, surname, email address, date of birth. The User can communicate their mobile phone numbers as well as information on their bank details and other optional information such as their profession, tastes and preferences among others. The mandatory or optional data to provide is indicated at the time of their collection.
This collection takes place in case of registration on the Site, updating the Personal Information page, creating a Profile, purchasing or selling of an Item, browsing on the Site, consulting of the catalog Items and contact made with Customer Service.
Following the registration on the Site, the User will receive regular commercial offers sent by MyPrivateCellar.
In no case will the address of the User be given to another User except in the case of an Item Purchase.
The personal data requested by MyPrivateCellar are needed to manage the actions performed by Users through the Site, and to improve the quality of service provided by MyPrivateCellar.
3.2. The User can at any time access personal information concerning him which he has submitted to MyPrivateCellar and thus make any necessary changes - including unsubscribing to newsletters and commercial offers. The User may also request corrections, additions, clarifications, updates or deletion; by contacting the Customer Service of MyPrivateCellar at the following email address: support@myprivatecellar.ch
3.3. The User accepts that MyPrivateCellar archives all documents, information and records concerning his/her activity on the Site.
3.4. The User accepts that MyPrivateCellar retouches photos of items that will be uploaded to maximize their visibility. The User further agrees that MyPrivateCellar may communicate on certain items that he/she has published for sale.
3.5 By publishing pictures of articles, the Seller transfers copyrights to MyPrivateCellar who can use all published pictures for commercial and marketing activities.
ARTICLE 4: ITEMS FOR SALE
4.1. General Provisions
The Seller agrees to make sure that any Item put for sale must correspond to a material or property available immediately at his/her disposal and to which he/she has full ownership and sales right.
In his/her announcement, the Seller undertakes to describe the Item offered for sale according to the form proposed by the Site. The Item description must correspond to its actual characteristics. The Seller also agrees to keep its current inventory updated.
4.2 Prohibition of Sale
The Seller agrees to make sure that the items are fully consistent with public order, morality, the laws in force in Switzerland, as well as third party rights and that they are not likely to offend the sensibility of juveniles.
Users agree not to sell or acquire, directly or indirectly through the Site, Items infringing intellectual property rights (counterfeits).
To fight against the sale of counterfeit items, MyPrivateCellar will systematically verify the product listing. MyPrivateCellar may require the Seller to provide information (evidence of authenticity, invoice) or additional photographs on an Item. In case of doubt about the authenticity of an Item, MyPrivateCellar reserves the right to refuse the product listing from being uploaded.
Users undertake to inform MyPrivateCellar immediately if they find that an Item does not comply with the provisions of this Article, by sending an e-mail to the following address: support@myprivatecellar.ch
In the event of the sale of one or more counterfeit items, MyPrivateCellar reserves the right to suspend the User’s account and inform corresponding judicial authorities.
4.3. Modification of Listings
MyPrivateCellar reserves the right to alter and / or remove any Product Submissions or to request that the Seller alters and / or removes any Product Listings, especially if the Seller has not published the Item in the appropriate category or has contact information indicated in the Listing.
The Seller warrants to have the legal right of publishing all content including but not limited to product pictures, descriptions and graphics relating to the Product Listing. All Item photographs must be taken by the Seller. MyPrivateCellar reserves the right to remove any published picture that was not taken by the Seller.
4.4. Determination of the sale price
The Seller determines the Selling Price of the Item under his sole responsibility. MyPrivateCellar draws particular attention to the fact that Seller has a responsibility not to set a grossly excessive price.
If in doubt when determining the Selling Price of an Item, the Seller may seek advice from MyPrivateCellar by sending an e-mail to: support@myprivatecellar.ch
4.5. Various provisions regarding the sale of an Item
The Seller is solely responsible for the obligation of informing the Buyers of the essential characteristics of his/her Item. He/She is solely responsible for the description of the goods he/she sells. He/she guarantees MyPrivateCellar any claim relating to the content and form of the given description. The Seller agrees to perform all validations, checks and provide necessary details so that the description and all elements of the Listing be true and do not induce the Buyer in error.
The seller will not publish more than one Listing per Item. MyPrivateCellar reserves the right to remove any Listings that appear multiple for a single Item.
4.6. Dispositions particularly relative to the promotion program
In the context of specific operations, MyPrivateCellar allows the Seller to participate in promotion programs.
4.7. Reduction in prices of Items
During the sale of an Item, the Seller may join the promotion program implemented by MyPrivateCellar. By adhering to the promotion program, the Seller allows MyPrivateCellar the discretion of reducing the Product Listing price during various promotion operations.
It is agreed that the discount percentage is between 5 and 15% of the Product Listing Selling Price.
To join the promotion program, the Seller must check the promotion box provided for that purpose while creating the Product Listing. The Seller may also choose to participate in this program by ticking the box provided for this purpose on the My Account> My Listings> My Items for Sale. The Seller can submit one or more Product Listings to this program by ticking the promotion box for each individual Listings.
4.8. Any Seller who wishes not to sell a particular Item anymore agrees to withdraw the listing from his/her product catalog as soon as possible.
ARTICLE 5: CONCLUSION OF A SALE
5.1. The Sale is concluded once the Buyer has validated his shopping cart by clicking the "ENTER" button and once a purchase confirmation has been received by e-mail.
5.1.1. MyPrivateCellar sends a purchase confirmation to the Seller by email.
Following the confirmation, the sale is concluded and deemed perfect.
5.2. Order Payment
5.2.1. Payment Methods
The Buyer may use the following payment methods:
- MyPrivateWallet (Virtual Wallet)
- Credit card via Saferpay secure portal
- Bank Transfer
- Invoice with QR Code (Administrative fees CHF 4.90)
The collection of the Buyer’s bank card details is executed and guaranteed by Saferpay, exclusively authorized as a PCI Security Standards organization. Saving this information on Saferpay’s server is in all cases done with the consent of the Buyer. In no case will MyPrivateCellar store or have access to the Buyer's bank information. Payments are secured by a data encryption process in order to prevent interception of this information by third parties.
MyPrivateCellar will bind orders by invoice to certain conditions and will conduct a credit check with the Buyer's agreement. These credit checks are to verify customer data in other databases (e.g., Collection Company) before acceptance.
MyPrivateCellar reserves the right to limit the Buyer to certain payment methods. In such a case MyPrivateCellar is not required to state the reasons for its decision.
Charges for late payment on invoice: After at least 2 written reminders, the case will be forwarded to a collection agency, which will charge a processing fee according to www.fairpay.ch
5.2.3. Payment Content
The amount paid by the Buyer includes:
- The Item Selling Price as determined by the Seller;
- CHF 9,90 Flat Shipping Rate
The Buyer is only debited after dispatch of the Item. The Item must be shipped by mail using Swiss Post VinoLog free Post Sticker provided online.
5.2.4. MyPrivateWallet (Virtual Wallet) and other vouchers
The Buyer may pay for all or part of an order using MyPrivateWallet credits and / or Vouchers.
MyPrivateWallet Credits can be used on both MyPrivateBoutique, MyPrivateDressing and MyPrivateCellar Sites and for all Site Items.
The recipient of a Voucher will receive a code by e-mail that must be inserted when placing his/her order. The Vouchers are valid for a specified period, from the date the recipient is informed. The Vouchers are one-time use.
In case the total order amount is less than the value of the voucher, the difference will be compensated on request at customer service.
In case the total amount of the order exceeds the value of the Voucher, the Voucher recipient can pay the difference by using any authorized payment methods mentioned in the present Terms of Use.
In case of non-use of the credit in favour of the customer beyond a period of 12 months, the customer will be deemed to have accepted the general terms and conditions and JBY SA will be authorised to recover any credit balance beyond this period.
5.3. Delivering the Item
When shipping the Item, the Seller agrees to send the Item properly packaged by mail, using the prepaid Swiss Post VinoLog sticker made available online.
If the Seller decides to manually prepare the Poster sticker, the shipment must occur with Swiss Post VinoLog Registered Services. The tracking number must be communicated online to confirm the transaction and benefit from all available guarantees.
5.3.1. Delivery to the Buyer
Once the Buyer has confirmed his/her online order and MyPrivateCellar has collected the agreed amount for the Transaction Price from the Buyer, MyPrivateCellar will communicate the shipping details of the Buyer to the Seller so as to proceed with the delivery of the Item.
The Seller is solely responsible for the successful delivery of the ordered Item. The Seller agrees to send the Item properly packaged within 3 business days from receiving the buyer's shipping address and to indicate the parcel's tracking number in the space provided on the Site.
5.4. If the Buyer is absent upon delivery, he undertakes the responsibility to retrieve the Item at the Post Office as soon as possible. In the event that the Item is not retrieved, it will be sent back to the Seller by the Swiss Post. The Buyer agrees that Shipping Fees will not be invoiced in full.
5.5. Seller Payment
5.5.1. The Seller authorizes MyPrivateCellar to receive, in its name and on its behalf, the price of the transaction through an electronic payment system put in place by the Site or by any other means established by MyPrivateCellar.
5.5.2. As payment for the use of the Site, following the acceptance of the Buyer's offer and the successful payment of the Transaction Price, the Seller authorizes MyPrivateCellar to deduct from the total price of the Transaction a specific Commission as defined in section 5.5.3 below.
5.5.3. The Commission charged to the Seller by MyPrivateCellar for each sale is 20% of VAT Price Item. (20% includes transfer and administration fees if the Seller decides to transfer the amount into his/her bank account.)
The Commission applies retroactively to all items sold on the site, regardless of posting date. Shipping costs are not included in the price used to calculate the Commission.
5.5.4. Provided that the transaction price was fully paid by the Buyer and received by MyPrivateCellar, the Price of the Transaction reduced by the Commission will be paid on the Seller's MyPrivateWallet (Virtual Wallet):
- upon the Buyer's reception of the Item under the conditions and time limits specified in the general conditions;
- or, in the absence of confirmation of receipt by the Buyer within a 10 business day delay after actual reception date of the Item as evidenced by the parcel's tracking number.
5.5.5. The Seller agrees not to collect in any event an amount other than that equal to the price of the Transaction which excludes any other amount or any interest. The Seller refuses to take on any claims for any amounts produced by the immobilization of cash collected on its behalf and for its account by MyPrivateCellar on the occasion of a sale.
5.5.6. The Seller agrees that the payment of the Sale be held after the Commission has been deducted by MyPrivateCellar.
5.5.7. The Item Selling Price, the Shipping Fees, Commission and the payment to the seller are defined inclusive of all taxes.
5.5.8. The Seller may request the withdrawal of amounts contained in his/her MyPrivateWallet (Virtual Wallet) to his/her bank account under the following conditions:
The transfer request is made on the site under My Account > Request a transfer. The transfer will be made within 3 business days following the request.
5.5.9. In case of suspected fraud, MyPrivateCellar can ask the Seller to provide a proof of identity (copy of identity card, proof of address and / or copy of the card). MyPrivateCellar reserves the right to suspend the transfer while awaiting the reception of these documents and their evaluation.
5.5.10 In the event of a dispute arising between the Seller and the Buyer, MyPrivateCellar may block the Users' MyPrivateWallet (Virtual Wallet) while awaiting to resolve the dispute.
ARTICLE 6: RETRUNS
6.1. Return of the Item
MyPrivateCellar doesn't accept any returns.
ARTICLE 7: RESPONSIBILITIES
7.1. MyPrivateCellar cannot be held responsible for the content of ads, or for actions (or lack of actions) of Users, or for items put up for sale.
MyPrivateCellar cannot be held responsible for defamatory, abusive or indecent comments posted by an Internet User.
MyPrivateCellar does not intervene in the transaction between Buyers and Sellers. Accordingly, MyPrivateCellar has no control over the quality, safety or legality of the Items listed and the truth or accuracy of the content of Item Listings. MyPrivateDressing cannot ensure that the Seller or the Buyer will successfully complete the Transaction.
In case of dispute, MyPrivateCellar reserves the right to communicate to the Buyer and the Seller their respective email addresses.
MyPrivateCellar does not transfer the Seller's legal ownership of Items to the Buyer. The agreements of sale / purchase are concluded directly between the Buyer and the Seller.
7.2. MyPrivateCellar reserves the right to suspend, without notice or compensation and without liability, access to the Site, temporarily or permanently. It does not guarantee that the site will be accessible without interruption. It may interrupt access to the Website for reasons including maintenance and / or emergency. It will be merely under an obligation to the continuity of access to the Site. Accordingly, MyPrivateDressing excludes all warranties, conditions or other provisions and cannot be held responsible for the loss of money or reputation or special damages, indirect or consequential, resulting to the use of the Site.
7.3. MyPrivateCellar is not responsible for the fraudulent actions of a third party and the possible consequences of the username and / or password of the Internet User.
7.4. In case of major force or in case of failure, blockage or difficulty concerning the MyPrivateCellar hardware, software and / or the Internet network, and in case of suspension of access to the Site, obligations of the parties to this contract are suspended.
7.5. Hypertext links on the Site may refer to other sites. MyPrivateCellar is not responsible for the content or actions of these sites.
7.6. The contract created upon acceptance of the Buyer's Tender Offer by the Seller only binds the Seller and the Buyer. MyPrivateCellar playing only an intermediary role, cannot be held responsible for disputes declared outside the period of 1 business days following reception of the goods by the Buyer.
7.7. When a dispute arises between the parties, MyPrivateCellar may, for a period of 30 days, do everything possible to help the parties reach an agreement. MyPrivateCellar cannot be held responsible for the outcome of dispute. During this period, the MyPrivateWallet (Virtual Wallet) of concerned Users may be temporarily blocked and their transfer requests suspended.
ARTICLE 8: MISCELLANEOUS PROVISIONS
8.1. The fact that MyPrivateCellar tolerates any act contrary to these Conditions, does not waiver on his part to take advantage of these General Terms.
8.2. In the event that one or more provisions of these Terms would be discarded by legislative or regulatory provision or a court decision, all other provisions shall remain applicable.
8.3. By registering with the Site, the User acknowledges having read, understood and accepted without reservation all of these Conditions governing and binding all relations between MyPrivateCellar, Sellers and Buyers. This acceptance shall take effect from the date of registration on the website of the User and applies to each Transaction, Listing, Advertisement, Buying and Selling offers. These Terms and Conditions supersede any contractual document or ownership of the Seller or Buyer.
8.4. MyPrivateCellarhas the right to modify these Terms of Use depending on the evolution of its offer and market. The User is therefore committed to regularly consult the Site's Terms of Use for any change eventually being made.
8.5. The present contract is concluded between the User and MyPrivateCellar for an indefinite period. It is terminable simply by notification at any time and without motif by either of the parties.
8.6. These Conditions do not create any agency relationship, outsourcing, joint venture or employee-employer relationship between MyPrivateCellar and the user.
8.7. The Site, its content, its catalog, its text illustrations, photographs and images are the property of MyPrivateCellar and/or third parties contractually bound to MyPrivateCellar, holders of intellectual property rights of the Site. It is forbidden to reproduce, represent and/or operate all or part of the Site, its content, its catalog, its text illustrations, photographs and pictures without permission from MyPrivateCellar.
8.8. For any information or questions, the Customer Service of MyPrivateCellar can be reached at the following email address: support@myprivatecellar.ch
8.9. Any amount due to MyPrivateCellar and which has not yet been paid will be deducted from the MyPrivateWallet (Virtual Wallet) of the concerned User.
8.10. Relations between MyPrivateCellar - JBY S.A. and the client are governed and construed in accordance with Swiss law. Any dispute concerning relations between MyPrivateCellar - JBY S.A. and the client, will be subject to the exclusive jurisdiction of the Swiss Courts at the headquarters of the company JBY S.A. in Geneva.
Geneva, August 2021
