These General Terms and Conditions of Sale (hereinafter referred to as "General Conditions" or "GC") apply to all activities provided by the Limited Liability Company "Joyce Square Sàrl" (hereinafter "Joyce Square" or "the Company") (CHE-252.751.847).
The website www.joycesquare.ch offers for sale clothing, leather goods, shoes, accessories, jewelry, watches, and other new, old, and used or second-hand luxury items (hereinafter "the Products") to customers (hereinafter: "the Customer").
The website www.joycesquare.ch connects buyers (hereinafter "Buyer") and sellers (hereinafter "Seller"). These form the users (hereinafter "the users") of the website. Joyce Square is a platform that connects buyers and sellers of second-hand luxury jewelry and related products in Switzerland.
These General Conditions apply to all sales made by Joyce Square, whether through the Joyce Square website www.joycesquare.ch, through resellers, or through sales made by phone, by E-Mail, by oral declaration, or by any other expression of intent.
By accessing and using the Joyce Square website, the customer/buyer acknowledges that they are bound by these General Conditions, which they declare to have read and understood.
The Company's General Conditions are subject to change upon the publication of a new version on the Site at a later date. It is advisable for the customer/buyer to regularly consult the General Conditions to be informed of these changes. The applicable General Terms and Conditions of Sale are those in force at the time the customer/buyer places a Product order unless a change to these is required by law or a governmental authority (in which case, this change will also apply to orders previously made by the customer/buyer).
Before using the Joyce Square website (www.joycesquare.ch) and associated pages (the "Site") and/or placing an order, it is recommended that the customer/buyer carefully read all the provisions of these General Terms and Conditions of Sale, as well as the Privacy Policy, and any other provisions that may appear on the Site during promotions or specific campaigns.
The contract is concluded at the moment the Customer accepts the offer made by the Company related to the purchase of the Company's services.
The contract is, in any case, concluded as soon as the Customer accepts the services offered by the Company and/or when they order products on the Company's website or even when they directly purchase its products.
Products for sale on the Site are exclusively reserved for adults with full exercise of civil rights. Individuals under the age of 18, or whose exercise of civil rights is limited by adult protection measures or any other applicable rule in their state of residence, are only allowed to purchase Products with the agreement and under the supervision of one of their parents or their legal representative.
Unless otherwise agreed, all prices are mentioned in Swiss francs (CHF).
The Company reserves the right to indicate prices in other currencies depending on the countries in which the products will be sold.
All proposed prices include the additional amounts related to Value Added Tax (VAT), when it applies. The applicable VAT rate is determined by the relevant country. In Switzerland, the rate is 8,1%.
Prices do not include shipping costs. The customs fees are not included in the prices listed. The customer is responsible for and pays the customs fees at their own expense.
Prices do not include any additional taxes that might apply.
The Company reserves the right to change the prices listed on the website at any time.
The prices listed on the Company's website, as well as those indicated on its price list, are applicable at the time of concluding the contract.
The amount paid by the Customer includes:
• the price of the item
• shipping costs, if applicable
• VAT, if applicable.
Joyce Square offers the buyer the following payment methods: credit card, PayPal, Twint.
The sale price must be fully paid by the buyer upon the conclusion of the contract. Joyce Square will send the ordered products as soon as the sale price is paid.
The buyer cannot offset a potential claim against the amount they owe to Joyce Square.
All orders confirmed by the Company will be delivered to the delivery address specified when the order was made by the Customer.
The Company and/or companies authorized by the Company may contact the Customer via SMS, phone, and/or email and provide information about their order and its delivery.
The Company strives to ship the ordered Products within two business days after the order's confirmation by the Customer and the receipt of their payment.
To deliver orders on time, the Company tries to maintain adequate stock of Products. Since they often deal with isolated Products, stock might not always suffice to facilitate the delivery of all orders.
In such cases, the Customer agrees that the Company is allowed to make partial deliveries, defer the delivery, or even cancel the order without being considered at fault.
The Company commits to shipping the product by registered parcel for products valued below CHF 1500.-.
When the product value exceeds CHF 1500.-, it's shipped with the "insurance" complementary service.
If the product's value exceeds CHF 5000.-, the Company will contract transport insurance with an insurance company.
The Company's delivery commitment is nullified in case of failures or delays in procurement, manufacturing, and transport carried out by its suppliers (partners, transport companies, etc.), as long as this delay is not attributable to the Company.
If the delivery hasn't been made within the aforementioned time frame, for instance, due to transporter delay, the Customer must promptly notify the Company that the ordered products weren't delivered.
If the Company, its suppliers, or mandated third parties cannot fulfill their obligations on time due to force majeure, like natural disasters, earthquakes, volcanic eruptions, avalanches, adverse weather, storms, wars, political or social disturbances, civil wars, revolutions, insurgencies, terrorism, sabotage, nuclear accidents, nuclear reactor damages, or pandemics, then the Company is exempted from the obligation to deliver during these force majeure events and for an appropriate period afterward. If the force majeure lasts more than 30 (thirty) days, the Company has the right to withdraw from the contract. The Company must then fully refund amounts already paid by the Customer. All other claims, particularly those concerning claims for damages resulting from a force majeure, are excluded.
Unless otherwise agreed, the place of execution is located at the Company's headquarters. The Company's service is considered executed when the products are handed over to the transporter chosen by the Company.
The Company remains the owner of the Products until the full payment of the price and costs related to these Products is received.
All risks of loss or damage to the Products transfer to the Customer - within the bounds of mandatory applicable law - at the time the Products are handed over to the transport company chosen by the Customer during the order.
JThe Company expressly reserves the right to engage assistants in order to fulfill its contractual obligations.
The Client is required to take all necessary measures as soon as possible so that the Company can provide its services. The Client must take all such measures at the place, time, and manner that have been agreed upon. Depending on the circumstances, the Client will also be required to provide all the necessary information and documents to the Company.
The Client is personally responsible to the Company and third parties for the proper performance of these duties and fully bears the consequences of any potential fault.
The Company disclaims any responsibility for services provided by third parties, to the extent permitted by law.
8.1. Right of withdrawal (EUROPEAN CLIENTS ONLY)
8.1.1. Purpose and conditions of the right of withdrawal
If the Client is domiciled in a European Union state and has opted for home delivery, they have the right to return any Product that they find unsatisfactory within fourteen (14) days of receipt of the Products, without any specific reason. The Company will only accept returns of Products that are undamaged and have not been used, in their original state and packaging, with the invoice. The Client assumes all responsibility for any depreciation in the value of the Products resulting from handling beyond the necessary actions to ascertain the nature, characteristics, and operation of the Products. The return costs are borne by the Client, unless mandatory law provides otherwise.
8.1.2. Exercising the right of withdrawal
To exercise their right of withdrawal, the Client simply needs to send an email to the following address: info@joycesquare.ch with the following duly completed form:
• [I] hereby declare that I wish to exercise my right of withdrawal from the sales contract for the following goods:
• Ordered on [order date] and received on [receipt date]
• Order number: [number]
• Description of the Products concerned: [Products]
• Name of the consumer: [name]
• Address of the consumer: [address] It will be up to the Client to return the Products at their own risk and responsibility.
8.1.3. Effects of withdrawal
If the returns have been made correctly, the Company will refund the price of the Products and the invoiced delivery costs within a maximum of thirty (30) days from the date of receipt of the returned Products. The Company will make this refund using the payment method chosen by the Client for the initial transaction unless the Client has expressly agreed otherwise.
8.1.4. Limitations to the right of withdrawal
The right of withdrawal set out in this paragraph 8.1 only applies if the Client is domiciled in a European Union state at the time of the order and home delivery of the Products. It does not apply under any circumstances if the Client is domiciled in Switzerland, if they are domiciled in a non-EU state, or - even if they reside in an EU member state.
8.2. Warranty for defects
Second-hand products marketed by the Company are excluded from any warranty offered.
For new products, the warranty offered by the Company is two (2) years from the purchase date unless the law of the Client's country of residence mandatorily provides for a longer minimum warranty period.
The warranty takes effect on the Product delivery date and is evidenced by the invoice accompanying the Product.
Any other warranty from the Company is excluded to the extent that a warranty is provided by a third party, for example, the manufacturer or an authorized repairer who has previously repaired or revised a Product.
Note, the warranty offered does not cover defects resulting from an accident, mishandling, non-compliance with the Company or manufacturer's indications, negligence, improper storage, or unauthorized modification or repair, as well as defects that are the result of normal wear and tear of the Products. The defects claimed by the Client must have been present at the time of delivery but were only discovered later.
To assert their warranty rights, the Client must return the defective Products under warranty at their own expense. If mandatory law in their country of residence so provides, the Company will refund the shipping costs.
When the Company identifies a warranty case, it may, at its sole discretion, have the Product and/or defective parts repaired by an authorized workshop, replace the Product, or take other appropriate measures.
Exchanging second-hand products is excluded. For new products, an exchange is possible within 15 days of purchase if the product is still in its original packaging.
The Client bears the costs related to the return and exchange.
The Client should ensure that they have taken out the appropriate transport insurance, based on the value of the returned goods. The Client must also notify their intention to return the item and state the reasons for the return by sending an email to the following address: info@joycesquare.ch
Discounted items are not exchanged.
Customers residing in Switzerland are entitled to a credit note if they return products sold by Joyce Square within 5 (five) days of receipt.
Products must be in their original packaging and must not have been used. The customer bears the costs associated with the return and exchange.
The customer must ensure that they have taken out the appropriate transport insurance based on the value of the merchandise returned.
The customer must also notify their intention to return the item and provide reasons for the return by sending an email to the following address: info@joycesquare.ch
The Company will proceed with the refund once the condition of the products is verified.
Sale items are not accepted for returns.
1. Relationship between The Company and the buyer
Exchanging second-hand products is excluded. For new products, an exchange is possible within 15 days of purchase if the product is still in its original packaging.
The Client bears the costs related to the return and exchange.
The Client should ensure that they have taken out the appropriate transport insurance, based on the value of the returned goods. The Client must also notify their intention to return the item and state the reasons for the return by sending an email to the following address: info@joycesquare.ch
Discounted items are not exchanged.
Customers residing in Switzerland are entitled to a credit note if they return products sold by Joyce Square within 5 (five) days of receipt.
Products must be in their original packaging and must not have been used. The customer bears the costs associated with the return and exchange.
The customer must ensure that they have taken out the appropriate transport insurance based on the value of the merchandise returned.
The customer must also notify their intention to return the item and provide reasons for the return by sending an email to the following address: info@joycesquare.ch
The Company will proceed with the refund once the condition of the products is verified.
Sale items are not accepted for returns.
The Company acts as an intermediary between the seller and the buyer, providing the buyer with a platform for products offered for sale by sellers.
The sales contract is concluded at the time of acceptance by the adult buyer of the product offered for sale on the Joyce Square website.
The contract is made between the seller who offers their product for sale and the buyer who acquires it.
Joyce Square plays an intermediary role and provides a website where the seller's products are presented to the buyer.
The contract is, in all cases, concluded as soon as the buyer accepts the offer proposed by the seller on the Joyce Square website and/or when the buyer orders products on the Joyce Square website.
Unless otherwise agreed, all prices are listed in Swiss Francs (CHF). Joyce Square reserves the right to display prices in other currencies based on the countries where the products are sold.
All prices include additional amounts related to the Value Added Tax (VAT) when applicable. The applicable VAT rate is determined by the relevant country. In Switzerland, the rate is 7.7%.
Prices do not include shipping fees.
Prices do not include any additional taxes that might be applicable.
Joyce Square reserves the right to change prices listed on the website at any time.
Prices listed on the Joyce Square website and those on its price list are applicable at the time of contract conclusion.
The amount paid by the Buyer includes:
• the price of the item
• shipping costs if applicable
• VAT if applicable.
Joyce Square offers the buyer the following payment methods: credit card, PayPal, Twint.
The sales price must be fully paid by the buyer upon contract conclusion. Joyce Square will send the ordered products once the sales price is received.
It is not possible for the buyer to offset any claim against the amount they owe to Joyce Square.
Delivery / Delivery Date
Delivery will be made within two working days following the order.
Joyce Square commits to shipping the product by registered mail for products valued below CHF 1500.
When the product value exceeds CHF 1500, it is shipped with additional insurance. If the product value exceeds CHF 5000, Joyce Square will take out transport insurance with an insurance company.
Joyce Square's delivery commitment is nullified in cases of failure or non-compliance with supply, manufacturing, and transport deadlines carried out by its own suppliers (partners, transport companies, etc.), as long as the delay is not Joyce Square's fault.
If the delivery is not made within the specified time, for instance due to a carrier delay, the buyer must immediately notify Joyce Square that the ordered products have not been delivered.
If Joyce Square, its suppliers, or third parties appointed are unable to meet the agreed deadlines due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, war, political or social unrest, civil war, revolution, insurrection, terrorism, sabotage, strikes, nuclear accidents, or pandemics, then Joyce Square is exempt from fulfilling its obligations during these events and for an appropriate time afterwards. If the force majeure lasts more than 30 (thirty) days, Joyce Square has the right to withdraw from the contract. Joyce Square must then fully refund any amounts already paid by the buyer.
All other claims, particularly those concerning damage claims resulting from force majeure, are excluded.
Unless otherwise agreed, the place of performance is located at Joyce Square's headquarters.
The service provided by Joyce Square is considered completed when the products are handed over to the carrier chosen by Joyce Square.
Joyce Square expressly reserves the right to engage subcontractors to fulfill its contractual obligations.
The buyer must take all necessary steps as soon as possible to ensure that Joyce Square can provide its services. The buyer must take these steps at the place, time, and manner agreed upon. Depending on the circumstances, the buyer will also need to provide all necessary information and documents to Joyce Square.
The buyer is personally responsible towards the Company, the seller, and third parties for the proper performance of these duties and fully bears the consequences of any possible faults.
The Company disclaims any responsibility concerning services provided by third parties, to the extent permitted by law.
If the buyer resides in a European Union country and has opted for home delivery, they have the right to return any Product that they find unsatisfactory within fourteen (14) days of receiving the Products, without any specific reason. The Company will only accept the return of Products that are undamaged and unused in their original state and packaging with the invoice. The buyer is fully responsible for any depreciation in the value of the Products resulting from handling beyond what's necessary to determine the nature, features, and functionality of the Products. Return costs are borne by the buyer, unless mandatory applicable law stipulates otherwise.
To exercise his right of withdrawal, the buyer simply has to send an email to the following address: info@joycesquare.ch with the following form duly completed:
• [I] hereby declare that I wish to exercise my right to withdraw from the sales contract relating to the following goods:
• Ordered on [order date] and received on [reception date]
• Order number: [number]
• Description of the Products concerned: [Products]
• Buyer's Name: [name]
• Buyer's Address: [address] It is up to the buyer to return the Products at his own risk and responsibility.
If returns are correctly made, the Company will refund the price of the Products and the invoiced delivery charges within a maximum of thirty (30) days from the date of receipt of the returned Products. The Company will make this refund using the payment method the buyer chose for the original transaction unless the buyer expressly agreed otherwise.
The right of withdrawal set out in this paragraph 8.1 only applies if the buyer is domiciled in a state of the European Union at the time of ordering and delivery of the Products to his home. It does not apply under any circumstances if the buyer is domiciled in Switzerland, if he is domiciled in a non-EU member state, or - even if he lives in an EU member state.
Exchanges and returns of products purchased on consignment are excluded.
Joyce Square offers no warranty in the event of fraud by the seller and disclaims all liability in case of fraud by the seller (depositing their product on the platform) regarding the origin of the sold product.
The seller alone is responsible for the authenticity of the product and that they have the right to proceed with the sale of the product.
The Company is not obliged to inspect the origin or authenticity of the products posted online. It does not guarantee the authenticity of branded products. It is therefore up to the buyer to carry out the necessary research and checks to determine the authenticity of the product for sale.
The sale price and any product description can be changed at any time and are not considered an assumption of responsibility by Joyce Square. Indeed, it is an expression of opinion by the Company. The Company therefore disclaims all liability for any mistakes or omissions made in such statements.
The Company does not offer a warranty for defects in the products sold on its site.
Any liability for indirect damage or subsequent damage is excluded.
Liability for direct damage is limited to the sale price of the product/service. This limitation of liability is not valid in cases of intentional misconduct or gross negligence.
The Customer must immediately inform the Company of any damage.
Any potential liability of helpers is excluded to the extent permitted by law.
The Company holds all rights to the products and services it offers. These General Conditions and the associated individual agreements do not lead to any transfer of intellectual property rights, unless explicitly stated otherwise. Furthermore, any reuse, publication, or dissemination of information, images, texts, or other elements received in connection with these provisions is prohibited, unless expressly authorized by the Company. The Client/Buyer must ensure that he does not infringe any third-party intellectual property rights when using content, images, texts, or figurative elements related to the Company.
Access to the site can be interrupted without notice or compensation, and this does not in any way commit the Company's responsibility. The site may not be continuously accessible. For reasons such as maintenance, access to the site may be temporarily suspended. Thus, the Company offers no guarantee regarding the continuity of the site and is not responsible for damages related to its use. It cannot be held responsible in the event of fraudulent use by third parties. In the event of force majeure or technical problems, the Company's contractual obligations are suspended. Hypertext links on the site may redirect to other sites for which the Company assumes no responsibility.
The Company must process and use the data collected at the time of contract conclusion to fulfill its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The Client/Buyer agrees that their data are recorded and used in accordance with the contract and is aware that the Company may disclose his or third-party data in case of injunctions from a court or authority. Unless the Client/Buyer has expressly excluded it, the Company is entitled to use its data for marketing reasons. The data necessary for service performance can be transferred to service partners commissioned by the Company as well as other third parties.
Data protection legislation applies.
These General Conditions replace all previous agreements or provisions. Only the provisions set out in individual contracts that specify these General Conditions take precedence over them.
The validity of these General Conditions will not be affected if one of its provisions or one of its annexes is or should be declared void. In this case, the void or invalid provision will be replaced by a valid provision that closely resembles the purpose intended by the void or invalid provision. The same applies in the case of any contractual gap.
The Client/Buyer agrees that possible distributors or agents may work independently of the Company and that potential claims should therefore be directed directly against them. The Company disclaims all liability for contractual breaches committed by potential agents or distributors.
These General Conditions are subject to Swiss law.
The courts located at the place of the Company's headquarters are competent to settle any dispute between the parties unless mandatory legal provisions state otherwise.
The Company is free to bring legal action at the defendant's headquarters/domicile.
This contract is recognized as a debt within the meaning of Article 82 of the Federal Act on Debt Collection and Bankruptcy (LP).
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
For any questions or requests for information, the Client/Buyer can send an email to the following E-Mail address: info@joycesquare.ch
We will be happy to assist you!
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