CGU Vendeurs

General conditions – Sellers

Of the website

Applicable from December 15,2022



These general terms and conditions are concluded between SWAR, a company incorporated under Swiss law, share capital: CHF 0, registered office: Avenue des Alpes, 2000 Neuchâtel, Switzerland, email:, hereinafter referred to as “” and any person, natural or legal, under private or public law, registered on the Site to purchase Products, hereinafter referred to as "the Seller".




Subscription”: right of temporary access to the Service.

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.

Option”: additional paid service that can be subscribed to by a Seller when publishing an Offer.

Product”: goods of any kind sold on the Site by a Seller.

Service”: service offered by 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, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.

"Distinctive Signs": distinctive signs of the Seller, such as trademark, name, trade name, sign or domain name.




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.



The purpose of the Site is to provide an online electronic platform allowing the sale of Products between Buyers and Sellers.





5.1.  Provision of the marketplace undertakes to provide the Seller with an online marketplace allowing him to sell his Products.


5.2.  Website Maintenance undertakes to host and maintain the Site at all times, outside of maintenance periods. In this regard, reserves the right to temporarily suspend or modify access to the Site without notice in order to make improvements, adaptations or to ensure its maintenance. will bear in this respect all the costs incurred during the execution of this contract. will do its personal business and will bear the burden of all taxes and fiscal and parafiscal taxes, as well as all the social contributions incumbent on it in this respect.





6.1.  Sale of a Product by a seller

The Seller puts his Product on Sale by specifying the price at which he wishes to sell it. The Product will then be sold to a Buyer accepting this price.


6.1.1. Publication of an Offer by the Seller


The publication of an Offer is open to any Seller holding the required rights to the Product. Sellers are prohibited from publishing several Offers aimed at the sale of the same Product. Advertisements must be written in correct and understandable language. They must comply with the legal provisions in force and must be free of any discriminatory criteria as to the quality of the potential co-contractor.


Sellers will be able to upload photographs, videos and 3D objects relating to the Product. The photographs, videos and 3D objects uploaded must be in the format and size specified on the Site.

During the publication of the Offer, the Seller will have, via his personal space, the ability to modify the descriptive sheet of the Offer (only description, photos or videos can be modified). These modifications will be possible throughout the publication of the Offer.


All data published by the Seller in the context of the Offers, whether texts, photographs, embed links or other, are published under its full and entire responsibility. It is expressly brought to the attention of Internet users that in no way guarantees the accuracy of the data contained in the Offers. It is up to any Internet user interested in the Offer to ensure the accuracy of all this data prior to any effective transaction. Similarly, in no way guarantees Sellers the effective sale of the Products covered by the Offer.


6.2.  Obligations of the Seller


6.2.1. Delivery of Products to Buyers

The Seller undertakes to deliver the Product to the Buyer within a period consistent with the period indicated on the Offer.



6.2.2. Support for Product returns and warranties

The Seller undertakes to respect towards the Buyer the legal guarantee of correct delivery (article 1604 of the Civil Code), the legal guarantee against hidden defects (article 1604 and following of the Civil Code) and the security guarantee (article 1386 -1 et seq. of the Civil Code) towards all Buyers.

The Seller also undertakes to respect the legal guarantee of conformity vis-à-vis consumer Buyers (article L. 211-1 et s. Consumer Code).


6.2.3. Right to retract

The Seller undertakes to comply with the terms and conditions relating to the right of withdrawal with regard to Consumer Buyers, as provided for in Articles L221.18 and following of the Consumer Code.


6.3.  Subscription to a subscription by a seller

In order to publish an Offer, the professional seller must subscribe to a Subscription. The private seller may choose to use the free publications (within the limit of the number offered by the site). Professional and private sellers must in all cases refer to the conditions set out on the site.


6.3.1. Choosing a Subscription

In order to benefit from the Services, the Seller must subscribe to a Subscription with, either by contacting directly using the contact details indicated in article 1 hereof, or by using the form provided for this purpose on the Site. The details of the Services offered by Subscription are specified on the Site.



6.3.2. Confirmation of choice

As part of the subscription to a Subscription, the Seller must provide their billing information. The Seller will then have the option of checking the characteristics of the chosen Subscription, in particular its price and duration. If his order suits him, he can validate it by clicking on the button provided for this purpose on the Site.


6.3.3. Subscription term

The Subscription takes effect from its validation by

The duration of the Subscription is that mentioned on the Site at the time of the order.

The Subscription is concluded for a fixed period.



6.3.4. Early termination of the Subscription by

In the event of the Seller's breach of one of the stipulations provided for in Articles 5, 6, 7, 9 and 10 of these general conditions, may terminate the Subscription as of right and without the intervention of the judge. The termination of the Subscription at the fault of the Seller is without prejudice to any damages which could claim as a result of the Seller's breach.





7.1.  Seller information

The Seller declares that he has received from all the useful explanations and details that may enable him to use the Services covered by this contract.

The Seller acknowledges that his needs and the Services offered by are in adequacy and that he has subscribed to the contract knowingly and having all the necessary information allowing him to produce a free and informed consent.

The Seller undertakes to inform of any circumstances likely to affect the performance of this contract as soon as it becomes aware of them.


7.2.  Permissions and statements

The Seller is solely responsible for the permissions and statements relating to the storage and sale of the Products.

The Seller declares that he has the necessary rights and authorizations for this purpose. Where applicable, the Seller declares that it has taken all necessary steps beforehand, such as requests for authorizations and administrative declarations.

Failure to make such declarations and authorizations shall in no way call into question the validity of this contract.

The Seller guarantees against any recourse that would be taken against it in the event of a lack of such declarations and authorizations.


7.3.  Distinctive signs


7.3.1. Distinctive Signs User License

The Seller grants to, for the entire duration of these presents and for the whole world, a non-exclusive license to use the Distinctive Signs for the purpose of publishing the Offers.


7.3.2. Warranties on Distinctive Signs

The Seller warrants to that he is the sole holder of all intellectual property rights relating to the Distinctive Signs. The Seller guarantees against any action, claim, demand, or opposition from any person invoking a right of ownership. The Seller will therefore be responsible, in the event of a dispute, for all costs relating to said dispute, including any legal fees.


7.4.  Reactivity

The Seller undertakes to react as soon as possible to any request from relating to the performance of the Service. The Seller acknowledges that its involvement and collaboration are necessary for the proper performance of the contract.



7.5.  Charter of good conduct

The Seller undertakes not to offer editorial content within the Offers that may:

- infringe or make remarks contrary to public order, morality or which may offend the sensibilities of minors;

- infringe in any way the rights to reputation, privacy, rights or image of a third party;

- be denigrating, defamatory, damage the image, reputation of a brand or any natural or legal person, in any way whatsoever;

- make remarks of a pornographic or pedophile nature;

- undermine the security or integrity of a State or territory, whatever it may be;

- allow third parties to obtain pirated software, software serial numbers or any software that may harm or infringe, in any way whatsoever, the rights or property of third parties;

- infringe the intellectual property rights of any person whatsoever;

- incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, glorify war crimes or crimes against humanity;

- incite to commit a crime, an offense or an act of terrorism;

- incite discrimination against a person or a group of people because of their ethnicity, religion, race, or because of their sexual orientation or disability.

- advise a dubious or fraudulent practice.

Similarly, reserves the right to refuse to publish any Offer that does not have a sufficient level of spelling. The Seller undertakes not to hinder or disrupt the Site and the servers of and to comply with the required conditions, procedures and general rules communicated to it by  for the publication of Offers.

Any illegal or generally unauthorized use of the Site will result in the immediate deletion of the Seller's account, without prejudice to any damages to which may claim.

The Seller therefore guarantees against any damage that may be caused to it because of its use of the Site, including any legal and procedural costs, and undertakes in this respect to intervene at any legal proceedings instituted against him because of his use of the Site.




The Site's customer service is accessible from Monday to Friday by e-mail at: or by post at the address indicated in article 1 of these general conditions. In these last two cases, undertakes to provide an answer within 10 working days.





9.1.  Creation of personal space

The creation of a personal space is an essential prerequisite for any sale of a Product by a Seller on the Site. To this end, the Seller 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 a Seller to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the sale of the Product.

When creating the personal space, the Seller is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Seller therefore undertakes not to transmit it or communicate it to a third party. Otherwise, cannot be held responsible for unauthorized access to a Seller's personal space.

The Seller undertakes to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.


9.2.  Content of the personal space


9.2.1. Generality



The personal space allows:

- the professional Seller to publish Offers and to consult and follow all his sales made on the Site, to access various personalized statistics to consult his recent activities on the Site, to consult his last searches, to see the last Products consulted , to access his list of favorites, to his list of Products added to favorites, to consult Products from the list, to delete Products from the list of favorites, to manage his Offers and to set up his account.

- The individual Seller to publish Offers and to consult and follow all his sales made on the Site, to manage his personal information, to authorize or block the sending of email notifications, to access the details of his Subscription and to modify it if they wish, to access various statistics for each publication, to consult their recent activities on the Site, to consult their last searches and the last Products consulted, to access their list of favorites, to access the messaging system, manage their Offers and set up their account.

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 Seller. undertakes to securely store all contractual elements whose storage is required by law or regulations in force.


9.2.2. Internal messaging

An internal private messaging service is made available to Sellers. This system is reserved for Buyers and Sellers and the secrecy of correspondence is applicable to it.

The contents of the inboxes and outboxes are not subject to any retention guarantee from and it is up to the Sellers to save the said contents. The loss of this content, whatever the cause, cannot constitute damage for the Seller, who cannot claim any compensation for this fact.

Any Seller who is a victim of abuse (spam, unwanted advertising or other) may inform who will take all necessary measures.



9.3.  Deletion of personal spcace. reserves the right to delete the account of any Seller who contravenes these general conditions, in particular when the Seller provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Seller has been inactive for at least a year. Said deletion will not be likely to constitute a fault on the part of or damage for the excluded Seller, who will not be able to claim any compensation as a result.

This exclusion is without prejudice to the possibility, for, to take legal action against the Seller, when the facts have justified it.



As part of its service, will be required to process the personal data of its Buyers.


10.1.  Identity of the controller

SWAR is responsible for collecting and processing data on the Site (



10.2.  Data collected


10.2.1.  Data collected from Sellers

As part of its contractual relations, may collect and process information from its Sellers, namely: surnames, first names, telephone number, postal addresses, email addresses, contract history, age, gender.


10.2.2.  Purposes of collecting personal data

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;


10.2.3.  Legal bases for processing

The data collected has the legal basis of a contractual relationship.


10.2.4.  Data receipients

The data collected can only be consulted by 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.



10.2.5.  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 can be engaged.

After the retention period, undertakes to permanently delete the data of the persons concerned without keeping a copy.



10.2.6.  Security and confidentiality of personal data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.

Access to the premises of is also secure.



10.2.7.  Data minimization may also collect and process any data voluntarily transmitted by its Sellers. directs its Sellers to provide personal data strictly necessary for the performance of contractual commitments. 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.



10.3.  Respect for rights

Sellers have the following rights regarding their personal data, which they can exercise by writing to the postal address of or by completing the online contact form.


10.3.1.  Right to information, access, and communication of data

Sellers have the possibility of accessing personal data concerning them.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on, 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 by the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the mention "I hereby certify 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.



10.3.2.  Right of rectification, deletion, and right to be forgotten

Sellers have the possibility of requesting the rectification, updating, blocking or even the deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

Sellers may 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.


10.3.3.  Right to object to data processing

Sellers have the option of objecting to the processing of their personal data.

To help them in their approach, Buyers will find here a model letter developed by the Cnil.



10.3.4.  Right to restriction of processing

Sellers have the right to request that the processing of their personal data by be limited. Thus, their data can only be kept and no longer used by


10.3.5.  Reply duration 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.



10.3.6.  Complaint to the competent authority

If the Buyers of consider that 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.


10.4.  Transfer of collected data


10.4.1.  Transfer to partners 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. uses the following subcontractors:



Répertoire des sous-traitants


Pays destinataire

Traitement réalisé


Amazon Web Services 

USA, France

Hébergement de site web

Vrinsoft Technology


Développement et gérance du site web



Service d'envoi de courrier électronique

Clause contractuelle type



Gestion des avis des personnes 
sur des produits, services ou contenus.



Service de paiement

Clause contractuelle type



Service d'envoi de courrier électronique

Clause contractuelle type



Gestion des avis des personnes 
sur des produits, services ou contenus.



Gestion des avis des personnes 
sur des produits, services ou contenus. 



Gestion des avis des personnes 
sur des produits, services ou contenus.

Google Analytics


Elaboration de statistiques commerciales afin de générer des rapports sur les interactions des Internautes

Clause contractuelle type



10.4.2.  Transfer on requisition or judicial decision

The Sellers also consent to communicating the data collected to any person, at the request of a state authority or by judicial decision.


10.4.3.  Transfer as part of a merger or acquisition

If 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 Sellers agree that the data collected are transmitted by to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of





11.1.  Nature of the obligations of undertakes to take the care and diligence necessary to provide quality Service in accordance with the specifications of these General Conditions. only responds to an obligation of means concerning the services covered by these presents. may temporarily interrupt the Service to ensure its maintenance, without the Seller being able to claim any compensation as a result.

As such, the responsibility of because of the Service cannot be called into question because of poor commercial results of the Seller.



11.2.  Force majeure – Seller’s fault shall not be held liable in the event of force majeure or fault on the part of the Seller, as defined in this article:


11.2.1.  Force majeure

Within the meaning of these general conditions, will be considered as a case of force majeure opposable to the Seller any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in the 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 Seller, computer hacking, a fault security attributable to the host of the Site or to 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 In such circumstances, will be exempted from the execution of its obligations within the limit of this impediment, this limitation or this disturbance.


11.2.2.  Seller’s fault

Within the meaning of these General Conditions, will be considered as a fault of the Seller opposable to the latter any misuse of the Service, fault, negligence, omission or failure on its part or that of its employees, non-compliance with the advice given by on its Site, any unlawful disclosure or use of the Seller'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 Seller 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.


11.3.  Technical issues - Hyperlinks

In the event of impossibility of access to the Site, due to technical problems of any kind, the Seller 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 Sellers and cannot in any way give rise to the granting of damages from

The hypertext links on the Site may refer to other websites. The responsibility of can not be engaged if the content of these sites contravenes the legislation in force. Similarly, cannot be held liable if the Seller's visit to one of these sites causes him harm.



11.4.  Damage payable by

In the absence of legal or regulatory provisions to the contrary, the liability of is limited to the direct, personal and certain damage suffered by the Seller and linked to the failure in question. cannot under any circumstances be held liable for consequential damages such as, in particular, loss of data, commercial damage, loss of orders, damage to brand image, commercial disturbances and loss profits or customers. Similarly and within the same limits, the amount of damages charged to may not in any event exceed the price of the commission collected.



11.5.  Contents of the Site

The contents of the Site are published for information only, without guarantee of accuracy. can in no way 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 Seller.




The parties agree to consider as confidential all the information that they may come to know in the context of the present, with regard to their respective businesses. In particular, all information concerning end customers, methods and data provided to and/or by, all documents (economic, technical, functional, organizational, etc.) and data entrusted to it, all interviews in which he participates and all documents issued are considered confidential information.

Information that was already known by the Parties before the start of their contractual relationship, proof of which can be provided in writing, and information that appeared in a written document independently of disclosure by the parties is not considered confidential.

The Parties undertake to implement the appropriate means to keep the most absolute secrecy on the confidential information of the other party to which they will have access on the occasion of this contract. The parties undertake to ensure that this obligation is respected by all their corporate officers, personnel, subcontractors and third-party contractors.

This obligation of confidentiality takes effect from the date of its signature by the parties. It is valid for a period of 10 years.






13.1.  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 or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.


13.2.  Contractual protection of Site Content

The Internet user undertakes contractually with regard to not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by a right of ownership. intellectual, 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.





14.1.  Applicable right

These general conditions are subject to the application of French law.


14.2.  Changes to these Terms and Conditions

These general conditions may be modified at any time by 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.


14.3.  Disputes

In addition, the Seller is informed of the existence of the online dispute resolution platform, accessible at the following URL address:

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:


14.4.  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.


14.5.  Non-waiver

The absence of exercise by 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.


14.6.  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.