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UniDress Marketplace Terms and Conditions

1. Applicability 

 

These UniDress Terms and Conditions govern the use of the UniDress Marketplace and the products and services offered through the Marketplace. 

 

2. Entry into force, right of revocation, termination by UniDress

 

UniDress has the right at any time to deactivate a customer's user account without giving reasons or to terminate a previously concluded agreement within 14 days of its conclusion, without giving reasons and without compensation._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

If the customer uses the market place and/or the products or services offered on the market place in a way that is contrary to the contract, that is unlawful or that contravenes morality or if the customer has generated complaints by transmitting to UniDress data of insufficient quality, such as data relating to the advertisement, UniDress is entitled to withdraw immediately from the agreement without compensation and to cease offering its services without prior notice to the customer and without having to compensate it and deactivate the customer's user account; in either case, any price paid in advance in view of a certain contractual term falls to UniDress and the customer cannot claim any refund. Any claim by UniDress remains reserved. 

 

3. Use of marketplaces with or without registration 

 

The marketplace can be used with or without registration. However, the purchase of products and services requires registration. Only people who are at least 18 years old can register with UniDress. UniDress reserves the right to restrict registration to certain countries. 

 

UniDress considers as a client whoever uses the user's identification and password, regardless of whether this person actually has the right of access. The person who registers is responsible for the proper use of the user identification and password. 

 

4. Prices and terms of payment 

 

Prices are net in Swiss francs, VAT included. 

 

Depending on the UniDress product or service, prepayment under the payment terms offered by UniDress is required; apart from this case, the payment period is ten days from the date of invoice, unless otherwise agreed with the Seller. UniDress is in no way liable to the Seller if a failure to pay is observed. UniDress nevertheless reserves the right to block the customer's access to his user account if sufficient proof of fault of payment is raised by the Seller.

 

5. Prohibition to reuse information 

 

Commercial use of information and content is reserved for customers. Apart from that, customers do not acquire any rights to the content or information made available on the marketplaces. Any violation will be subject to civil and criminal penalties. 

 

Customers expressly undertake not to use, in any way or form whatsoever, the information or content made accessible on the marketplaces outside of them. Customers shall in particular refrain from copying, publishing or reproducing in any other way (eg on the Internet) the data accessible on the marketplaces, or from linking them to other data._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

6. Intellectual property rights 

 

All rights to the information, elements and content of marketplaces, including copyrights, trademarks and designations contained therein, are the property of UniDress. 

 

Insofar as the use in accordance with the contract of the marketplace presupposes the granting of rights of use to the customers relating to copyrights, brands and/or know-how belonging to UniDress, these are granted by UniDress on a non-exclusive, non-transferable basis and to the extent necessary for the duration of the relevant agreement. The rights of use granted to the customer are personal and non-transferable.  

 

The contents, data, texts, photos, and other contents that the customer transmits to UniDress for publication on the marketplace (hereinafter collectively referred to as "advertising data") must not infringe any rights, in particular any third-party rights such as personality rights and intellectual property rights. The customer may only transmit to UniDress data relating to the advertisement which he himself has created or whose use has been authorized by the rights holder. 

 

No address (postal or electronic), telephone number or car license plate should be visible in the photos used in the advertisements. Photos showing people whose faces are easily recognizable can only be used with the agreement of the corresponding people. 

 

All documents relating to the object, photos and templates produced by UniDress on the order of the customer are the property of the customer as soon as the latter has published the advertisement on UniDress.

 

7. Operation and development of the marketplace 

 

The Marketplace is operated and managed by UniDress. UniDress strives to run the Marketplace as disruptively as possible. It also endeavors to limit the duration of interruptions intended for the repair of disturbances, maintenance work, the introduction of new technologies and other activities of the same kind, without however being able to completely exclude these. Technical development is at the sole discretion of UniDress. 

 

8. Publications of announcements 

 

By transmitting data relating to the advertisement to UniDress, the customer authorizes UniDress to place the corresponding advertisement in the marketplace as well as in other online and offline UniDress channels (e.g. at trade fairs). . However, there is no right to the publication of advertisements within the framework of these services. 

 

UniDress has, at any time, the right to interrupt, modify or completely cease the publication of advertisements, for any reason whatsoever and without compensation. Similarly, UniDress reserves the right to use the data relating to the advertisement for other purposes, whether for itself or for partners, for example in order to carry out statistics, or to publish them for another way, and for this purpose to record and process them.

 

9. Data protection 

 

The processing of data (in particular personal data) is carried out in accordance with the provisions relating to data protection. 

 

10. Rights and obligations of the customer

 

The client undertakes to use the marketplace in accordance with the law and the contract. The client ensures in particular:

  • that it will transmit all the data relating to the advertisement communicated to UniDress in the form and quality required by UniDress, according to the rules of insertion of the corresponding marketplaces; 

  • that he is entitled to transmit directly or indirectly through third parties all the data relating to the advertisement made available to UniDress and that he is authorized to use them within the framework of the contractual agreements with UniDress;_cc781905- 5cde-3194-bb3b-136bad5cf58d_

  • that the data relating to the advertisement transmitted to UniDress or to partners is complete, in conformity with the truth, is not misleading or unfair, and that it updates them continuously; 

  • that the products or services it offers are described correctly and faithfully to the truth, actually have the characteristics described and do not infringe any laws in force or the rights of third parties (in particular intellectual property rights and rights personality protection); 

  • that he accepts these general conditions and undertakes to respect them at all times.

Without being obliged to do so, UniDress is authorized, at any time, to modify or not to process, for legal or technical reasons, the data relating to the advertisement transmitted by the customer. 

 

The customer grants UniDress the exclusive right to use the ad data provided. This data cannot be used, taken over or copied by third parties, unless they are partners of UniDress. The customer is not entitled to demand that third parties be able to acquire the data relating to the advertisement which he has made available for publication on their platforms. Even if the customer authorizes the third party, UniDress is not obliged to allow the acquisition of the data in question. 

 

If UniDress is brought to justice by a third party due to the use of the marketplace, an agreement with the customer, the data relating to the advertisement made available by the customer or the products or services offered by the customer, the latter is obliged, from the first solicitation of UniDress, to compensate it fully and to exempt it from all liability, including to bear the legal and other costs of UniDress. At the request of UniDress, the customer is also required to communicate any document that UniDress considers useful for its defense and to join the lawsuit. 

 

11. Risk 

 

The client bears all the risks that may arise as a result of manipulations on his computer system, malfunctions of his computer system and/or misuse of access rights.

 

12. Liability and warranty 

 

Marketplaces include information and content from UniDress as well as UniDress advertisers and partners. UniDress strives to ensure the accuracy of this information and content, but expressly disclaims any liability in this regard, in particular with regard to the veracity, accuracy, completeness and timeliness of the information and content. . UniDress also declines all responsibility for damages that may result from the consultation, access, use of this information and content. Access to and use of such information and content is solely at the customer's own risk. 

 

The customer is fully responsible for the products and services he offers on the marketplaces as well as for the content he transmits to UniDress (in particular data relating to advertisements, advertisements themselves and printing orders). UniDress declines all responsibility for the content provided by the customer. UniDress does not support any guarantee for the products and services offered by the customer on the marketplaces, nor for the conclusions of contracts which could result from it, such as sales or repair contracts between customers or with users and third parties. . 

 

UniDress does not verify the content of websites linked to marketplaces and is not responsible for the content of such sites. 

 

UniDress is only liable for intent or gross negligence. UniDress is in no way liable for consequential damages or loss of profit. If, despite all the care taken, UniDress is unable to fulfill its contractual obligations due to a case of force majeure such as natural disasters, armed conflicts, strikes, unforeseen restrictions by the authorities or technical faults attributable to third parties, the customer does not have the right to demand performance of the contract as long as the event in question lasts. 

 

With regard to work which is assessed according to the rules applicable to the work contract, the customer only has the right to demand that UniDress repair the defects. Termination of the contract and reduction of the price are excluded. To the extent permitted by law, UniDress excludes all liability for consequential damages due to defects.

 

UniDress is not liable for abuses committed by third parties on the Internet, nor for any resulting damage to the customer. UniDress is also not liable for security defects and disturbances of the telecommunications network of third parties and the Internet, nor for interruptions of operation or disturbances of marketplaces, nor for third-party offers.

 

13. Legal status of UniDress 

 

UniDress is not a party to the contracts concluded between customers, users or other third parties relating to the products and services that the customer offers on the marketplace. UniDress is in no way responsible for the conclusion of these contracts or any risks arising therefrom. 

 

The information and content reproduced on the marketplaces do not constitute an invitation on the part of UniDress to submit an offer, nor an offer or recommendation for rental and/or acquisition. 

 

Without being obliged to do so, UniDress is authorized to monitor the behavior of users and customers as well as their content on the marketplaces and to verify their eligibility.

 

14. Prohibition of clearing 

 

The customer is not authorized to set off his claims with claims of UniDress. 

 

15. Prohibition of transfer 

 

The customer is not authorized to assign his contractual relationship with UniDress to a successor in title without the written consent of UniDress. Likewise, claims resulting from contractual relations with UniDress cannot be assigned to third parties without the written consent of UniDress.

 

16. Confirmation and modification of these general conditions 

 

The customer agrees to these terms and conditions each time he pays for an advertisement and publishes it on the exchange platform of UniDress. He can thus always consult the updated version of the GC.

 

UniDress reserves the right to modify these general conditions at any time. The updated version is published on the marketplaces in an appropriate space. 

 

17. General provisions 

 

If any provision of a contract is found to be invalid or unenforceable, it shall be waived only to the extent that it is invalid or unenforceable and shall be replaced, for the rest, by a provision which comes as close as possible from an economic point of view. Any gaps in the contract must be filled by rules which come as close as possible to what the parties to the contract would have agreed if they had thought of settling the point concerned when the contract was concluded, respecting the spirit and the purpose of the contract in question. 

 

18. Applicable law

 

These general conditions are exclusively governed by Swiss law, to the exclusion of private international law (LDIP). UniDress is also authorized to sue the customer before the courts of its registered office/domicile. 

 

Version: November 10, 2022

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