GENERAL TERMS AND CONDITIONS
1.1 The present general terms of sale regulate the relations between:
1.2 The Site proposes to sell fashion Items. When a Buyer purchases an Item, the transaction amount is debited from Buyer's payment method.
1.3 By using the Site, the User acknowledges having read, understood and accepted without reservation all of these Conditions. This acceptance shall take effect from the date of the first use of the Site. These Terms and Conditions supersede any other contractual document or agreement between the Parties, except as specifically agreed in a written form by Generations.
2. REGISTRATION ON THE SITE
2.1 The navigation on the site is free and does not require the creation of an account. Any other action, such as wish listing or purchases, will require the creation of an account.
2.2 Creation of an account
In order to register on the site, the User has to be at least 18 years of age and have full legal capacity to make purchases on the Site. The User must provide personal information including name, surname, email address and date of birth. In case of the purchase of an Item, the Buyer must provide his/her billing address, and postal address in case it is different, their landline and/or mobile numbers, any mistake or omission resulting in the failure for the transporter to properly deliver a parcel will be the only responsibility of the User.
The User undertakes to update the information supplied to Generations as soon as possible, in any case before proceeding to a purchase. It is his/her sole responsibility for any consequences the failure to update such information may occur, including misdelivery but not limited to, and is responsible for any additional costs therefore related.
The username and password are strictly personal and confidential. The registered User is only authorized to access the Site using the username and password and acknowledges his/her full liability for the use he/she makes of these credentials. The User agrees not to provide access to any other person under his/her identity or username.
If forgotten, or in case of misuse or unauthorized use of the User's credentials, Generations cannot be held liable and the User must inform Generations immediately of the situation in writing to firstname.lastname@example.org.
2.3 Following the registration on the Site, the User accepts to receive regular commercial information or offers sent by Generations.
2.4 The User can at any time access his/her personal information submitted to Generations and hence make any necessary changes - including unsubscribing to newsletters and commercial offers. The User may also request corrections, additions, updates or deletion by contacting Generations at the following email address: email@example.com.
3. ITEMS FOR SALE
3.1 The Depositor agrees to make sure that for any Item put for sale he/she has full ownership and sales right and is fully consistent with the laws in force in Switzerland, as well as Third Party rights. It is expressly required that the Item is not infringing intellectual property rights (counterfeits).
The Depositor must provide an official proof of identity.
The Site endeavors to describe the Item offered for sale to the best of its knowledge. The Item description must correspond to its actual characteristics.
To fight against the sale of counterfeit Items, Generations will systematically verify the Items and may require the Depositor to provide details (evidence of authenticity, invoice) or additional information on an Item. In case of doubt about the authenticity of an Item, Generations reserves the right to refuse the Item.
The Item proposed for sale on the Site may indicate the retail price, or the best estimated retail price, this data is not contractual and for information purposes only.
Generations will propose Items for sale on the Site without time limit, however the Depositor may request the restitution of the Item at any time. If this request is made within 60 days from the deposit, the Depositor will be charged of all expenses made by Generations, such as dry cleaning or repairs.
3.3 Price on the Site
Generations reserves the right to modify the price of an Item without notice at our exclusive discretion.
3.2 Price reduction of Items
It is agreed that an Item may be discounted between up to 15% of the Item Agreed Selling Price. Any price discount above this percentage has to be specifically agreed with the Depositor.
3.3 Items presented on the Site
Generations will do its best to ensure the display of the color and the pattern of the Item on the site to be as close as possible to the actual Item. However, due to the method of presentation of the Items on the Internet and screens used, it is possible that the perception of the Buyer differs from the Item itself, without fault and liability from Generations.
4. CONCLUSION OF A SALE
4.1 The Sale is concluded as from the moment the Buyer has validated his shopping cart and the payment is successfully processed. The Buyer will receive a purchase confirmation by e-mail. The sale is therefore concluded and deemed perfect.
4.2 Payment Methods
The Buyer may use the following payment methods:
- Credit card via SumUp
- Bank Transfer
The collection of the Buyer’s bank card details is executed and guaranteed by SumUp, exclusively authorized as a PCI Security Standards organization. Saving this information on SumUp’s server is in all cases done with the consent of the Buyer. In no case will Generations 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.
Generations reserves the right to limit the Buyer to certain payment methods. In such a case Generations is not required to state the reasons for its decision.
The Site cannot be held responsible for disputes declared outside a period of 2 days from the date of receipt of the package (date as per postmark). In such case, the Item is considered as finally sold.
4.2.1 Payment Total
The amount paid by the Buyer includes:
- The Item Sale Price as determined by Generations;
- Complimentary shipping within Switzerland and Lichtenstein, in case the shipping address is located elsewhere, a flat fee of 30CHF will be charged; in both cases the parcel will be insured
4.3 Payment to the Depositor
The Depositor authorizes Generations to receive, 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 Generations.
The Commission charged to the Seller by Generations for each sale is determined in the specific terms of deposit provided to the Depositor at the time of the Item consignment and deemed agreed after 2 working days from the deposit sheet is sent to the Depositor by electronic ways or handed physically.
Generations will maintain a detailed accounting of all sales made on behalf of the Depositor and will proceed to the payment of any due amount every 3 months, or earlier in case of the Depositor's request, on the provided Depositor's bank account.
The Depositor agrees not to request the payment in any event an amount other than that equal to the agreed price of the transaction, which excludes any other amount or any interest, even related to the immobilization of cash collected on its behalf and for its account by Generations on the occasion of a sale.
5. SHIPMENTS AND RETURNS
5.1 Shipping the Item
Generations will proceed to the delivery of the Item on a DDU basis, Delivery Duty Unpaid. In case the shipping address is located outside Switzerland or Lichtenstein, the Buyer will be responsible for the import charges and all related charges or fees.
The shipment will be made within 3 to 5 working days after the purchase date.
5.2 Delivery to the Buyer
Once the Buyer has confirmed his/her online order and Generations has collected the agreed amount for the Transaction Price from the Buyer, Generations will prepare the parcel and organize the delivery by the Swiss Post or any other suitable courier service with a tracking service. The tracking details will be promptly provided to the Buyer.
Any delay in the delivery must be reported by the Buyer as soon as possible to Generations, but no later than 10 days after the initial expected delivery date. Generations will carry out an inquiry with the carrier concerned and keep the Buyer informed of the result of such research.
In case the parcel is confirmed as lost by the carrier, Generations will proceed to the refund of the final purchase price to Buyer's payment method, to the exclusion of any other indemnity. In case of a partial delivery, only the lost Item will be refunded.
As the delivery is provided by a Third Party service provider, the Buyer is informed that Generations cannot in any way be held liable in case of non-performance or poor performance of the service or in case of Force Majeure.
5.3 Item Reception
A delivery is deemed completed once the parcel is made available to the Buyer by the carrier and stated so by the carrier's tracking system.
Upon delivery of the Item by the courier, it is the Buyer's duty to verify (or to have the person receiving the Items verify) the apparent condition of the Item at the moment of delivery.
Should there be the presence of a fault in the Item (damage, missing products, damaged packaging, broken products, etc.), the Buyer or the assigned third-party is required to indicate these faults on the delivery receipt, precisely indicating the number of packages or products missing or damaged and precisely describing the nature of the encountered issue (opened or damaged packaging, missing or damaged products, etc.). The Buyer is required to keep the products in the condition in which they were delivered (that is, with all delivered elements and accessories and with the labels).
A copy of the claim made to the carrier and all relevant details have also to be sent to Generations immediately by email to: Services@generations.swiss.
Acceptance of a delivery with inexplicit reservations regarding the content has no value. In the absence of exact reservations, the Buyer acknowledges having received the Item indicated in the Order in good conditions. The insurance validity is granted only with Buyer's fully cooperation in the claim process.
Should the Buyer fail to expressly notify the non-reception of the Item, he/she will be deemed to definitively agree to the transaction, after a maximum timeframe of 48 hours following the reception of the Item (as evidenced by the postmark).
If the Buyer is absent upon delivery, he undertakes the responsibility to retrieve the Item at the Post Office or as per Carrier's instructions as soon as possible. In the event that the Item is not retrieved, it will be sent back to Generations. The Buyer agrees to pay a second delivery at a fixed rate of 15CHF, this fee has to be paid before the second shipment is made. Should the Buyer fail to pay within 30 days, the Item will become the property of Generations, a partial refund will be made less a fixed fee of 100chf for processing, administrative and warehouse fees.
5.4 Return of the Item
The Buyer will have 48 hours from the order reception date to initiate the return.
Returns are accepted for Items not used and with tags still attached, as per below process.
Except for Items marked as "Final sale", which are deemed finally sold as from the completion of the payment.
5.4.1 Return process:
- Send an email within 48 hours from receipt of the delivery, including the Item reference and the reason of the return to: firstname.lastname@example.org
- A confirmation email with return instructions will be sent
- The return shall be organized and paid by the Buyer and executed within 2 working days, duly packed in the original parcel, or in any other suitable parcel to avoid any damage. The parcel shall be tracked. It is the choice of the Buyer whether or not to insure the shipment. In case no insurance is placed, the Buyer is fully responsible in case of loss or damage of the parcel.
All Items must be returned to the Seller in the same condition and with all elements included in the first shipment. Stickers / tags must be attached as per original condition, shoes must be returned in their original branded box, if delivered so, and in original condition. Shoe boxes must be placed inside another box for returns in order to prevent damage during shipping.
If it is found that the Item which the Buyer seeks to return was not treated with the appropriate care, Generations reserves the right to not accept the return of the Item or to deduct from the amount due to the Buyer as reimbursement, any sum deemed owed to Generations as compensation for the damage caused to the Item. The Buyer, in addition, is responsible for any decrease in value of the Item due to handling other than that necessary for the maintenance of its condition, characteristics and function of the Item itself, or in the event of deliberate damage to the Item, of an accident owed to the negligence of the Buyer or a third-party, of use of the Item not in compliance with the instructions provided by the manufacturer or by Generations, or of the modification, or even of a repair performed without the prior agreement of Generations.
In case the return is not accepted by Generations, the Buyer expressly accepts to bear all costs for shipping the Item back to the Buyer at a fixed fee of 15CHF for Switzerland and Lichtenstein and 50CHF for the rest of the World. In case the Buyer doesn't pay the shipping charges within 30 days, the Item will be considered as full property of Generations, without possibility of any compensation or pretention from the Buyer.
6. TITLE AND RISK
The property of an Item passes to the Buyer as soon as the payment is completed.
The risk on an Item passes from Generations to the Buyer at the reception of the parcel, as per the transporter's delivery confirmation or tracking details. In case the Buyer doesn't make the necessary reserves upon the receipt of a missing or damaged parcel towards the transporter, Generation's responsibility will therefore cease.
In case of an Item becoming unavailable after the payment is made, Generations will only be responsible for refunding the Buyer the paid amount, no other pretention can be made by the Buyer howsoever.
7. PERSONAL INFORMATION AND THE PROTECTION OF PERSONAL DATA
7.1 Generations undertakes not to infringe the privacy of Users of the Site and the confidentiality of information provided.
7.2 The User accepts that Generations archives all documents, information and records concerning his/her activity on the Site.
8.1 Generations 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 Site for reasons including maintenance and / or emergency. It will be merely under an obligation to the continuity of access to the Site. Accordingly, Generations 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.
8.2 Notwithstanding the provisions of the preceding paragraph, if Generations is held responsible by a competent jurisdiction against a Depositor, Buyer or User or a Third Party, the responsibility of Generations cannot exceed 2'000CHF.
8.3 Generations 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.
8.4 In case of Force Majeure or in case of failure, blockage or difficulty concerning the Generations 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.
8.5 All offered products are second-hand, and thus Generations does not offer any sort of Buyer guarantee. In case of hidden defects discovered after the Buyer's Return period of 48 hours, Generations cannot be held responsible.
8.6 In its capacity of trading agent and with the aim of preventing the handling of stolen goods, Generations will collect an official proof of identity for each Depositor and to keep a register of sold Items.
Although Generations complies with all the abovementioned obligations, Generations is not able to guarantee the origin of Items and cannot be held liable if the sale of the Item offered by the Depositor constitutes the handling of stolen goods.
Thus, the Buyer expressly acknowledges that Generations is not able to verify the origin of each Item and the fact that the Depositor is the owner of the Product he/she offers for sale.
9. INTELLECTUAL PROPERTY
9.1 Generations is the owner of the texts, images, and content of the Site. They are protected by copyright and other intellectual property rights. No part of the Site may be copied, reproduced, modified, distributed, viewed, posted, or transmitted without authorization. All brands, product names, names of companies, and logos present on the Site are the express property of their respective owners.
9.2 Generations provides best efforts to fight against the counterfeiting of Items and sets up numerous checks.
As part of this process, Generations requires the Depositor to provide proof of the authenticity of the Item proposed for sale. This proof may be provided through any means; nonetheless, Generations strongly recommends to the Depositor the presentation of the Item's certificate of authenticity.
Nonetheless, Generations is in no case liable towards the Buyer or any Third Party in the event of the sale of a counterfeit Item. Generations does not in any way guarantee the authenticity of products published on the Site.
It is thus strictly specified that Generations is not liable in the case of an error in the substance of the Item sold and in particular in the case of a counterfeit Item. Thus, in this case, the Buyer may not bring any action against Generations on this basis.
10. MISCELLANEOUS PROVISIONS
10.1 The fact that Generations tolerates any act contrary to these Conditions, does not waiver on his part to take advantage of these General Terms and Conditions.
10.2 In the event that one or more provisions of these Terms would be discarded by legislative or regulatory provision or a competent court decision, all other provisions shall remain applicable and the provision or provisions discarded promptly replaced.
10.4 The present contract is concluded between the Depositor, the User or the Buyer and Generations for an indefinite period. It may be terminated by simple notification at any time and without ground by either Parties.
10.5 These Conditions do not create any agency relationship, outsourcing, joint venture or employee-employer relationship between Generations and the Depositor, the User or the Buyer.
10.6 For any information or questions, the Customer Service of Generations can be reached at the following email address: services@Generations.swiss.
10.7 These Terms are governed and construed in accordance with the laws of Switzerland but without reference to any conflict of law rules. Any dispute arising between Generations - Le 46 Sarl and the Depositor, the User or the Buyer will be subject to the exclusive jurisdiction of the Swiss Courts, sitting in Geneva.
Geneva, February 2021