CGU Acheteurs
General conditions – Buyers
Of the website www.s-w-a-r.fr
Applicable from December 15, 2022
ARTICLE 1. PARTIES
These general terms and conditions are concluded between SWAR, a company incorporated under Swiss law, share capital: CHF 0, registered office: 22 Avenue des Alpes, 2000 Neuchâtel, Switzerland, email: sellwithar@gmail.com, hereinafter referred to as “S-W-A-R.fr” and any person, natural or legal, under private or public law, registered on the Site to purchase Products, hereinafter referred to as "the Buyer".
ARTICLE 2. DEFINITIONS
“Buyer”: any person, natural or legal, private or public law, non-Seller, registered on the Site to buy a Product.
“Seller”: any person, natural or legal, under private or public law, connecting to the Site to sell a Product.
“Offer”: web pages, as well as any associated digital file, published on the Site by the Seller for the sale of a Product.
“Product”: goods of any kind sold on the Site by a Seller.
“Service”: service offered by S-W-A-R.fr on the Site and consisting of the provision of an online platform allowing the sale of Products between Sellers and Buyers.
“Site”: website accessible at the URL www.S-W-A-R.fr, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
“User”: Buyer or Seller.
ARTICLE 3. SCOPE
The Site is free to access. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions.
The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to provide an online electronic platform allowing the sale of Products between Buyers and Sellers.
ARTICLE 5. ORDER / BUY
In order to place a purchase or an order, Buyers must contact the Sellers directly to determine the price of the Product and its delivery terms.
ARTICLE 6. COMPLAINT - WITHDRAWAL – WARRANTY
6.1. Customer Service
The Site's customer service is accessible from Monday to Friday by e-mail at: sellwithar@gmail.com or by post at the address indicated in article 1 of these general conditions. In these last two cases, Www.s-w-a-r.fr undertakes to provide an answer within 10 working days.
6.2. Legal warranty
The sales contract being concluded between the Buyer and the Seller, the latter alone is bound by the wanrraties of the sale towards the Buyer.
6.3. Return and refund
The sales contract being concluded between the Buyer and the Seller, any return must be made directly by the Buyer to the Seller.
The Buyer must check the Seller's return and refund policies before placing his order. Once the order has been placed, the Buyer is deemed to have accepted these return and refund policies.
ARTICLE 7. PERSONAL SPACE
7.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, www.s-w-a-r.frcannot be held responsible for unauthorized access to the personal space of an Internet user.
The Buyer undertakes to carry out a regular check of the data concerning him and to proceed online, from his personal space to the necessary updates and modifications.
7.2. Content of the personal space
7.2.1. Generality
The personal space allows the Buyer to see the last Products consulted, to access his list of favorites, his list of Products added to favorites, to consult Products from the list, to delete Products from the list of favorites and to access the chat. The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute evidence admissible by a court. They have only an informative character intended to ensure an effective management of its orders by the Buyer.
S-W-A-R.fr undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
7.2.2. Contributions from Buyers
Buyers are offered the ability to contribute to the content of the Site by posting comments on their use of the Products and their relationship with www.s-w-a-r.fr. Comments must be made in French, English or Spanish depending on the version of the Site and the country of connection. They will be subject to validation by www.s-w-a-r.fr or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the Buyer grants a non-exclusive copyright license free of charge to www.s-w-a-r.fr relating to said comment. As such, the Buyer authorizes www.s-w-a-r.fr to communicate to the public online, in whole or in part, his comments on the Site, the newsletters of www.s-w-a-r.fr and the sites of www.s-w-a-r.fr 's partners. The Buyer authorizes www.s-w-a-r.fr to reproduce his comment for the purpose of communicating it to the public online and to produce communication and promotional materials for the Site. The Buyer authorizes www.s-w-a-r.fr to translate his comment into any language for the purpose of communicating it to the public online and to reproduce it on its commercial and promotional materials. The right of adaptation also includes the right to make the modifications technically necessary for the exploitation of the commentary in other formats. This license is granted for commercial and advertising use. It is granted for the entire duration of the rights, for use in France and abroad.
The Buyer declares that he has the intellectual property and the necessary authorizations to proceed with the publication of his comment. The Buyer undertakes to intervene on any request from www.s-w-a-r.fr to any instance brought against the latter as a result of his comment and to guarantee him any costs and convictions pronounced against him as a result, including any costs of lawyer.
7.2.3. Internal messaging
An internal private messaging service is made available to Users. This system is reserved for Users and the secrecy of correspondence is applicable to it.
The content of inboxes and outboxes is not subject to any retention guarantee from www.s-w-a-r.fr and it is up to Users to save said content. The loss of these contents, whatever the cause, cannot constitute damage for the User who cannot claim any compensation for this fact.
Any User who is the victim of abuse (spam, unwanted advertisements or other) may inform www.s-w-a-r.fr which will take all necessary measures.
7.3. Deletion of personal space
www.s-w-a-r.fr reserves the right to delete the account of any Buyer who contravenes these general conditions, in particular when the Buyer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Buyer has remained inactive for at least a year. Said deletion will not be likely to constitute a fault on the part of www.s-w-a-r.fr or damage to the excluded Buyer, who will not be able to claim any compensation as a result.
This exclusion is without prejudice to the possibility, for www.s-w-a-r.fr, to take legal action against the Buyer, when the facts have justified it.
ARTICLE 8. PERSONAL DATA
As part of its service, S-W-A-R.fr will be required to process the personal data of its Buyers.
8.1. Identity of the controller
SWAR is responsible for collecting and processing data on the Site (www.s-w-a-r.fr).
8.2. Data collected
8.2.1. Data collected from Buyers
As part of its contractual relations, www.s-w-a-r.fr may collect and process information from its Buyers, namely: surname, first name, telephone number, postal addresses, email addresses, contract history, age, gender.
8.2.2. Purposes of collection personal data
Les données collectées lors de la relation contractuelle font l'objet d'un traitement automatisé The data collected during the contractual relationship is subject to automated processing for the purpose of:
- execute contractual commitments;
- contact the Buyers;
- avoid any illicit or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Buyers;
8.2.3. Legal bases for processing
The data collected has the legal basis of a contractual relationship.
8.2.4. Data recepients
The data collected can only be consulted by www.s-w-a-r.fr within the limits strictly necessary for the performance of contractual commitments.
These data, whether in individual or approved form, are never made freely viewable by a third-party natural person.
8.2.5. Duration of retention of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the responsibility of www.s-w-a-r.fr can be engaged.
After the retention period, www.s-w-a-r.fr undertakes to permanently delete the data of the persons concerned without keeping a copy.
8.2.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
8.2.7. Data minimization
www.s-w-a-r.fr may also collect and process any data voluntarily transmitted by its Buyers.
www.s-w-a-r.fr directs its Buyers to provide personal data strictly necessary for the performance of contractual commitments.
www.s-w-a-r.fr undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
8.3. Respect for rights
Buyers of www.s-w-a-r.fr have the following rights regarding their personal data, which they can exercise by writing to the postal address of S-W-A-R.fr or by completing the online contact form.
8.3.1. Right to information, access and communication of data
Buyers of www.s-w-a-r.fr have the possibility of accessing the personal data which concerns them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on www.s-w-a-r.fr, requests will only be processed if the Buyers provide proof of their identity, in particular by producing a scan of their valid identity document (if requested using the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at … on …”, followed by their signature.
To help them in their approach, Buyers will find here a model letter developed by the Cnil.
8.3.2. Right of rectification, deletion and right to be forgotten
Buyers of www.s-w-a-r.fr have the option of requesting the rectification, updating, blocking or deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
Buyers of www.s-w-a-r.fr can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their approach, Buyers will find here a model letter developed by the Cnil.
8.3.3. Right to object to data processing
Buyers of www.s-w-a-r.fr have the possibility to oppose the processing of their personal data.
To help them in their approach, Buyers will find here a model letter developed by the Cnil.
8.3.4. Right to restriction of processing
Buyers of Swww.s-w-a-r.fr have the right to request that the processing of their personal data by www.s-w-a-r.fr be limited. Thus, their data can only be kept and no longer used by www.s-w-a-r.fr.
8.3.5. Reply duration
www.s-w-a-r.fr undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of the request.
8.3.6. Complaint to the competent authority
If the Buyers of www.s-w-a-r.fr consider that www.s-w-a-r.fr does not respect its obligations with regard to their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which they can send a request here.
8.4. Transfert of collected Data
8.4.1. Transfert to partners
www.s-w-a-r.fr uses authorized service providers to facilitate the collection and processing of data from its Buyers. These service providers may be located outside the European Union.
www.s-w-a-r.fr uses the following subcontractors:
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Directory of subcontractors |
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Partner |
Destination country |
Treatment carried out |
Warranties |
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Amazon Web Services |
USA et France |
Website Hosting |
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Vrinsoft Technology |
USA |
Website development and management |
https://www.vrinsofts.com/privacy.html |
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Gmail |
USA |
E-mail sending service |
Clause contractuelle type https://policies.google.com/privacy/frameworks |
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Stripe |
Irlande |
Payment service |
Clause contractuelle type https://stripe.com/en-gb-ch/privacy |
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SendInBlue |
France |
E-mail sending service |
Clause contractuelle type https://fr.sendinblue.com/legal/privacypolicy/ |
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USA |
Management of people’s reviews on products, services, or content. |
https://www.linkedin.com/legal/privacy-policy |
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USA |
Management of people’s reviews on products, services, or content. |
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USA |
Management of people’s reviews on products, services, or content. |
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USA |
Management of people’s reviews on products, services, or content. |
https://help.instagram.com/519522125107875 |
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Google Analytics |
USA |
Development of commercial statistics to generate reports on the interactions of Internet users. |
Clause contractuelle type https://policies.google.com/privacy/frameworks |
8.4.2. Transfer on requisition or judicial decision
The Buyers also consent to www.s-w-a-r.fr communicating the data collected to any person, at the request of a state authority or by judicial decision.
8.4.3. Transfer as part of a merger or acquisition
If www.s-w-a-r.fr is involved in a merger, a sale of assets, a financing transaction, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Buyers agree that the data collected are transmitted by www.s-w-a-r.fr to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of www.s-w-a-r.fr.
ARTICLE 9. LIABILITY OF S-W-A-R.FR
9.1. Nature of S-W-A-R.fr’s obligations
www.s-w-a-r.fr undertakes to take the care and diligence necessary to provide quality Service in accordance with the specifications of these General Conditions. www.s-w-a-r.fr only responds to an obligation of means concerning the services covered by these presents.
www.s-w-a-r.fr only acts as a technical and commercial intermediary and is therefore not a party to the sales contracts entered into between the Seller and the Buyer. www.s-w-a-r.fr is not bound by the obligations of the Seller with regard to the Buyer. www.s-w-a-r.fr does not guarantee the conclusion or the proper execution of contracts between the Buyer and the Seller. www.s-w-a-r.fr in no way guarantees the quality, quantity or safety of the Products.
www.s-w-a-r.fr only responds to an obligation of means concerning the Services covered by these presents.
9.2. Force majeure – Buyer’s fault
www.s-w-a-r.fr will not be held liable in the event of force majeure or fault on the part of the Buyer, as defined in this article:
9.2.1. Force majeure
Within the meaning of these general conditions, will be considered as a case of force majeure opposable to the Buyer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Buyer, computer hacking, a security breach attributable to the Site host or the developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government , requisition, strike, boycott, or other circumstances beyond the reasonable control of www.s-w-a-r.fr. In such circumstances, www.s-w-a-r.fr will be exempted from performing its obligations within the limits of this impediment, this limitation or this disturbance.
9.2.2. Fault of the buyer
Within the meaning of these General Conditions, will be considered as a fault of the Buyer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by www.s-w-a-r.fr on its Site, any unlawful disclosure or use of the Buyer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in its personal space. Will also be considered as a fault of the Buyer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale.
9.3. Technical issues - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any kind, the Buyer cannot claim damages and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Buyers and cannot in any way give rise to the granting of damages from www.s-w-a-r.fr.
The hypertext links on the Site may refer to other websites. The responsibility of www.s-w-a-r.fr can not be engaged if the content of these sites contravenes the legislation in force. Similarly, www.s-w-a-r.fr cannot be held liable if the Internet user's visit to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to www.s-w-a-r.fr, which can in no way be held liable for this fact.
9.4. Damages payable by www.s-w-a-r.fr
In the absence of legal or regulatory provisions to the contrary, the responsibility of www.s-w-a-r.fr is limited to the direct, personal, and certain damage suffered by the Buyer and linked to the failure in question. www.s-w-a-r.fr cannot under any circumstances be held liable for consequential damages such as loss of data, commercial damage, loss of orders, damage to brand image, commercial problems, and loss of profits or of customers. Similarly, and within the same limits, the number of damages charged to www.s-w-a-r.fr may not in any event exceed the price of the Product ordered.
9.5. Hypertext links and content of the Site
The Contents of the Site are published for information only, without guarantee of accuracy. www.s-w-a-r.fr cannot under any circumstances be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
9.6. Liability as host
The data, in particular comments, published on the Site by the Buyer are under his own responsibility.
In this context, www.s-w-a-r.fr will benefit from the status of data host within the meaning of article 6-I-2 of the Law for confidence in the digital economy of June 21, 2004. In accordance with paragraph 3 of the same article, www.s-w-a-r.frcannot be held civilly or criminally liable for these comments, unless, from the moment it became aware of the illegal activity or information, it acted promptly to remove this information or make it impossible to access it.
ARTICLE 10. INTELLECTUAL PROPERTY
10.1. Legal Protection of Site Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of www.s-w-a-r.fr or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable give rise to legal proceedings for infringement.
10.2. Contractual protection of site content
The Internet user undertakes contractually with regard to www.s-w-a-r.fr not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 11. FINAL STIPULATIONS
11.1. Applicable right
These general conditions are subject to the application of French law.
11.2. Changes to these Terms and Conditions
These general conditions may be modified at any time by www.s-w-a-r.fr. The general conditions applicable to the Buyer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
11.3. Disputes
In addition, the Buyer is informed of the existence of the online dispute resolution platform, accessible at the following URL address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation:
11.4. Wholeness
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.
11.5. Non-waiver
The absence of exercise by www.s-w-a-r.fr of the rights which are granted to it by the present can in no way be interpreted as a renunciation to assert the said rights.
11.6. Telephone canvassing
The Buyer is informed that he has the possibility of registering on the list of opposition to cold calling at the address http://www.bloctel.gouv.fr/.
11.7. Languages of these general conditions
These general conditions are offered in English. In case of contradiction between the different versions, the French version will prevail.
11.8. Unfaire terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.