General Terms and Conditions for “Sellers”
Effective: 11/11/2023
Last update: 25/03/2024
These Sellers’ Terms and Conditions are applicable to both Time District Website and Time District Mobile Application
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE/APP AND/OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE/APP AND/OR THE SERVICES.
Presentation
These General Terms and Conditions (the “T&Cs”) apply to Users who use the Website/App to sell Products.
Time District is limited company incorporated in Switzerland with a registered address at Rue du Rhône 61, CH-1204 Geneva, Switzerland. Time District SA is registered in Geneva, Switzerland under no. CHE-386.421.845. It owns all the rights over the website http://www.timedistrict.com and/or Time District mobile application and the Time District Smartphone applications (the “Platform”).
Time District provides a number of services on its Platform that are run and administered by Time District. These services enable Users of the Platform (the “Users”) to buy and to sell horology products (the “Products”). These services are available directly on the Platform. Time District may under exceptional circumstances directly offer Products for sale on its own behalf, in which case these Products shall be identified on the Platform as being sold by Time District.
These T&Cs shall prevail over any other general or special terms and conditions that are not expressly approved jointly by Time District and the User.
These T&Cs may, where applicable, be completed by the Terms Governing Subscription to the Premium Services (if/when available) as well as any other document mentioned herein. Where these additional contractual terms apply, they shall be deemed to be incorporated as of right into these T&Cs.
By using the services of Time District, the Seller accepts the general terms and conditions of Sumsub, which is the identity verification provider retained by Time District for the identity verification operations of Sellers. These Terms and Conditions are available here.
By using the services of Time District, the Seller accepts the general terms and conditions of Stripe, which is the payment provider retained by Time District for the payment operations. These Terms and Conditions are available here.
We also recommend that you read the Privacy Policy & Cookies of Time District.
T&Cs applicable to sales made on the Platform
1. The role and responsibility of Time District
The Users hereby acknowledge that, save where otherwise specified for specific Products that are on offer on the Platform, the role of Time District shall be limited to acting as an intermediation platform between the Users. Therefore, except in specific cases, Time District shall not act as a reseller of the Products and shall not become the owner of the Products at any point in time. The Users shall each act, at all times, for and on their own behalf, and never as agents or representatives of Time District. Time District shall not be a party to the contract of sale between the Buyer and the Seller, and hereby disclaims liability for such a contract or for its consequences.
Any quality control that Time District may perform shall be merely designed to ensure that a Product sold by a Seller is in keeping with its description on the Product Detail Page drawn up by that Seller. Moreover, any deliveries that are arranged by Time District and fulfilled by its subcontractors shall not imply that Time District is a party to the contract between the Seller and the Buyer.
With the exception of any complaints for late delivery or for failures to deliver Products that may be blamed on Time District and/or its subcontractors, it is up to the Seller to respond to any claim or complaint regarding the Products that they have advertised online or about their description, and to the comments of any User about the Product Page, and/or the dispatching and delivery of the Products by the Seller (whether or not this delivery shall have taken place as part of the sale, the exchange or the return of the Products), and any claim or complaint of this kind shall be referred to the Seller, which shall alone be responsible for dealing with same.
2. Sales of Products
2.1. Mandate
Within the scope of the online intermediation service performed by Time District, the Seller hereby grants Time District a mandate to do the following:
to publish on the Platform the Product Page that constitutes an offer to sell a Product, including all the content included by the Seller, and where applicable, to make changes to the photographs of the Product, to the extent of removing their background;
to accept the order placed by the Buyer, for and on behalf of the Seller;
where appropriate, notably for advertising purposes, display the photographs and/or Product description (including its title, condition, brand, etc.) on Time District content pages on either the website and/or the mobile application, free of charge;
to open a separate account on the books of Time District and/or its subcontractors, for and on behalf of the Seller, and to credit the Price of the Product into that account; and
to receive the moneys and to transfer them to the Seller, after subtracting the Seller Fees and any other sum of money due should any moneys remain outstanding between the parties, as stipulated by articles 9 and 10.3 of these T&Cs.
2.2. Creation and modification of the Product Page
2.2.1. Creation of the Product Page
A Product Page must be drawn up for each Product that a User wishes to offer for sale. The Seller must accurately describe all of the characteristics of the Product and must mention its Price in the Product Page. The minimum Price of each Product shall be five thousand (5’000.-sfr) Swiss francs.
The characteristics of the Product mentioned in the Product Page, and in particular the State of the Product, must match the characteristics declared by the Seller prior to verification by Time District and/or subcontractors.
The Products that are offered for sale must be available for ordering by Buyers as long as the Product Page appears “on Sale” active status on the Platform. A Seller may permanently or temporary remove a Product that is advertised for sale from the Platform at any point in time, provided that this Product has not been ordered, by deactivate the “on Sale” status the Product Page.
The Seller undertakes to comprehensively, honestly and accurately describe the Product’s characteristics, its brand, and any faulty workmanship, damage or wear, or other attribute of the Product that a Buyer would reasonably want to know at the time of buying that Product. The Seller undertakes not to publish an altered depiction of the Product. Should a Product have undergone any visible and/or invisible alterations prior to being put up for sale (customisation, personalisation, repair, part exchanged, etc.), the Seller undertakes to mention this expressly on the Product Page.
Time District shall be entitled to accept or to reject a Seller’s Product Page prior to its being put online on the Platform in order to ensure the coherence and quality of the Products that are offered for sale on the Platform. Should the Product Page be accepted, Time District shall inform the Seller concerning the Price, stating the Seller Fees that will be included in the Price.
2.2.2. Altering a Product Page
The Sellers may add comments in the space earmarked for this purpose. They may also add additional photographs and/or videos of a Product that is listed on the Platform, after publication of the Product Page on the Platform. Any addition of images, videos and/or content alterations shall be subject to validation by Time District.
These alterations to the Product Page shall not apply to transactions that are under way (namely after a Buyer places an order for the Product).
A Seller may lower or increase the Price of a Product, in which case the Seller Fees of Time District shall be adjusted in keeping with the Seller Fees’ scale as described in article 9 below. The Price of a Product cannot be modified should this Product being involved in a Transaction.
Time District may suggest that the Seller alter the Price of a Product in order to make it coherent with the prices of other Products listed on the Platform and with the market’s expectations and/or value estimations in general. The Sellers accordingly agree to discuss the Prices of their Products in good faith with Time District. Any alteration of a Price by Time District shall only become effective upon acceptance by the Seller. For the avoidance of doubt, the Price of a Product is determined by the Seller.
Throughout the sale process, the Seller shall have full visibility over the Price and the corresponding Seller Fees. Prior to advertising their Products for sale on the Platform or lowering the Price of a Product, the Sellers consent, each time, that they accept the Price and Time District’s Seller Fees.
3. Option for Time District to acquire the Product directly
In exceptional cases, after analysis of the Product Data Sheet by Time District and negotiations over the Price, Time District may offer to acquire the Seller’s Product directly.
4. Checking the conformity of the Products
If, at the time of the compliance check performed by Time District and/or its subcontractor in cases where the latter is responsible for arranging delivery of the Products purchased by the Buyers, Time District and/or its subcontractor finds that the Product does not comply with the Product Page established by the Seller (e.g. in terms of the condition of the Product), Time District will, at Buyer's discretion, either (i) negotiate with Seller and Buyer to obtain a reduction in Price, or (ii) cancel the Transaction and refund Buyer.
Should the Transaction be cancelled, and should the Seller wish to get their Product back, Time District shall bill the Seller a fixed fee of 1) five hundred Swiss francs (500.-sfr) (or equivalent in local currency) for all Product advertised whose price is less than or equal to fifty thousand Swiss francs (50’000.-sfr) (or equivalent in local currency) or 2) one thousand and five hundred Swiss francs (1’500.-sfr) (or equivalent in local currency) for all Product advertised whose price is greater than or equal to fifty thousand and one Swiss francs (50’001.-) (or equivalent in local currency), per non-compliant and/or counterfeit item, corresponding to the minimum handling costs (the cost of sending the Product to Time District, the costs of the conformity check performed for the Product, the costs of sending the Product back to the Seller).
By using the Authentication services of Time District, the Seller accepts the general terms and conditions of Watch Certificate, which is the authentication and valuation provider retained by Time District for the authentication and valuation operations of Product. These Terms and Conditions are available here.
5. Consequences of an impossibility to deliver the Products
5.1 If dispatched through Time District
If it is impossible to return a Product that is not compliant to the Seller, for instance because the address provided by the latter is incorrect or the parcel is sent back due to non-acceptance by the recipient, an e- mail shall be sent to the Seller of the Product. Should there not be any reply, the Products shall be kept at the disposal of the Seller, at its own risk and expense (including storage and handling costs), for a timescale of six (6) months as of the sending of the information by Time District and/or its subcontractors.
Should the Sellers wish to retrieve their Product, they must request this by contacting Time District customer service and make a bank transfer of the corresponding fixed fee as described in article 4 of these T&Cs, corresponding to the incompressible treatment costs. After receipt of the payment, Time District shall send the Product back to the Seller within fifteen (15) working days.
Should the Product not be claimed from Time District within the abovementioned timescale of six (6) months, Time District shall become the owner of the unclaimed Product. The Product shall then either be re-listed under Time District’s account on the Platform, destroyed or donated to charity if its state allows for this.
5.2. If dispatched by the Seller
If it is impossible to deliver a Product to the Buyer, for instance if the address provided by the latter is incorrect or the parcel is sent back due to non-acceptance by the Buyer, the Parcel shall be returned to the Seller in keeping with the terms of the carrier selected by the latter.
6. The Seller’s commitments and obligations
The Seller undertakes to sell only Products of which they are the sole owner, or in case of a sale on consignment of second-hand products, on behalf of a person who is the owner of the Products. The Seller hereby represents that they are not violating the prevailing laws and regulations in any way and are not infringing the rights of any third parties by submitting a Product Page to Time District or by offering a Product for sale via the Platform.
The Seller warrants, represents and undertakes (i) that the origin, the condition, and the characteristics of the Product that they offer on the Platform comply with that description of the Product on the corresponding Product Page, and (ii) that the Product that is offered for sale is not counterfeit.
Should Time District request this, the Sellers must immediately provide it with all the documents proving their ownership of the Products that are offered for sale and/or the origin of these Products. Time District shall be entitled to delete the Profile and/or the Product Page of a Seller who fails to provide evidence to Time District of their ownership rights over the Product(s) that are offered for sale and/or of the origin of the Product(s). The Seller shall be barred from claiming any right to compensation if Time District deletes this information for the reasons mentioned above.
The Seller shall be the only person responsible for the sale of a Product. The Seller shall refrain from selling any Product whose sale is prohibited or would violate the prevailing laws and regulations and/or infringe the rights of third parties.
The Seller undertakes in particular not to sell prototypes (products or accessories that are created prior to production in series) or Products that were included in “sales to employees” or “press sales” and whose resell is not authorised, bearing in mind that Time District shall be unable to check whether such a prohibition is applicable. Should Time District learn that any such Products are offered for sale on the Platform, the Product Pages of the Products involved and/or the Profiles of their Sellers might be deleted as of right, and the latter shall not be able to claim any right to compensation.
Once a Seller’s Product Page has been put online, the Seller must access their account regularly in order to take stock of all pending transactions and monitor them. Should the Seller be unable to connect and monitor their account during an extended period of time, they must inform prospective Buyers about an extended fulfilment timescale by unclicking on the “Display only” (eye icon) button directly in the Product Page of the Product involved enabling Product to be visible but not available for sale. They may resume the sale, upon their return, by clicking on the “For Sale” (tag icon) button enabling Product to be visible and available for sale on the Platform.
7. Seller Fees
The services on offer by Time District shall be remunerated by Selling Fees (the "Seller Fees") that Time District shall deduct from the sale Price of the Product as advertised by the Seller when the Product is listed for Sale on our Platform.
The applicable Seller Fees’ scale, subject to any sales by Trade Sellers or sales of Products that are put back on sale – for which the principle of the Seller Fees does not apply - is as follows:
REVENUE TIER Thresholds Commission Plan |
COMMISSION FEE Applied on gross seller transaction value |
---|---|
CHF 0.- to 25'000.- | 18% or CHF 750.- minimun fee applied |
CHF 25'000.- to CHF 250'000.- | 16% |
CHF 250'000.- to CHF 500'000.- | 14% |
CHF 500'000.- to CHF 1'000'000.- | 12% |
From CHF 1'000'000.- | 10% |
The commission scheme rewards the frequency of purchase and sale activities. Each trading activity is added to the User's account within a rolling eighteen (18) months period, granting access to reduced commission thresholds.
The Seller Fees collected by Time District shall be applied to the sale Price of the Product as a commission percentage paid by Seller to Time District for each transaction, in return for the intermediation services between Seller and Buyer. These Seller Fees shall be included in the sale Price of the Product as shown on the Platform and are specified at the time of acceptance by Time District of the Product File created by the Seller.
Please note that the adoption of a new scale shall not give rise to any refunds for Transactions that completed previously (for instance, if the Seller finds a difference between the Seller Fees paid previously and the Seller Fees based on the new scale).
In the case of items that are offered for sale via the Premium Service if/when available, please consult the terms of use of the Premium Service of Time District. Should a Product be put up for sale via the “Standard Service” and then subsequently via the “Premium Service”, the terms of use of the “Premium Service” shall prevail.
Re-listing a Product
If you’ve changed your mind about a Product you received, contact Time District within forty-eight (48) hours after receiving the Product to inform our teams at concierge@timedistrict.com. You can then re-list it for sale on your account within fourteen (14) days after you have received it and benefit from a preferred selling fee of 8%.
Re-selling a Product
If you choose to re-list your Product after fourteen (14) days of receiving it, or fail to inform Time District within forty-eight (48) hours of receiving the Product, this action will be treated as a resell, and the initial commission fee, in accordance with the Seller’s original commission fee structure, will apply.
8. Sales of Products and payments due to the Seller
8.1. The process of checking the order
Prior selling a Product, the Seller must undergo identity verification using our integrated ID verification partner’s process in order to confirm and activate your Seller profile; the Seller shall then be subject to the Terms of Use of Sumsub, which can be viewed on the website of Sumsub, that are displayed by clicking here.
The Seller acknowledges being aware that the information concerning the Order placed by the Buyer shall be processed automatically by our partner in charge of fraud prevention, the aim of this automated processing of data being to prevent any fraudulent attempt or scam.
Our partner in charge of fraud prevention and/or Time District may also perform checks with the Seller in order to confirm the Order prior to the Product being sent out; these checks may also include a request for additional elements of evidence.
Pursuant to the checks that are performed, Time District may cancel an order if the information provided by the Seller is deliberately erroneous and/or fraudulent, even after confirmation of the order. In that case, the Seller shall be informed about the measures taken by Time District, which shall put the Product back on sale in the Seller’s account.
8.2. Sending and delivering the Products
8.2.1. Products that transit via Time District
A Seller whose Product has been ordered by a Buyer shall receive a notification of this sale by notification informing them that the Product must be prepared for shipping to Time District Authentication partner to check its conformity with its description in the corresponding Product Page. The notification shall contain all the necessary information and/or prepaid postage voucher enabling the Seller to send the Product to Time District Authentication Services free of charge. In most cases, Time District and/or its subcontractor will arrange for pick-up and insured delivery of the Product.
The Sellers must secure evidence of dispatching each parcel that is sent to Time District for conformity checks.
Sellers should endeavour to send the Products that they sell via the carrier that is allocated to them (after printing out the prepaid postage voucher if/when applicable) within seven (7) calendar days following the confirmation of the sale. No object should be enclosed other than the Products and the accessories sold with them, in particular no promotional or advertising documentation whatsoever. If the Seller ships the Products later than seven (7) days after the sale, Time District may cancel the Order and in such case the Buyer will be refunded and the Products will be returned to the Seller at the Seller’s expense.
Time District disclaims any liability towards the Seller in case of damage caused to a Product or loss of a Product during its transit to Time District if the parcel is dispatched without the prepaid voucher or not via the carrier or mean prior-approved and arranged by Time District and/or its subcontractor.
Time District hereby disclaims liability for any damage or loss of the Products until it receives the Products that were sent to it. In case of loss or damage of a Product by the carrier to which the Product was entrusted by the Seller for dispatching to Time District, the compensation due to the Seller shall consist of the compensation offered by the carrier.
To insure the Products optimally while in transit to Time District, Time District and/or its subcontractor may take out, at its own initiative and at its own expense, an insurance policy covering loss or damage caused to a Product while in transit to Time District Authentication Services and/or to its subcontractor and/or to the Buyer. In that case, the Seller should use the prepaid voucher sent by Time District or the appointed carrier approved and arranged by Time District and/or its subcontractor.
Should Time District not receive the Product within fifteen (15) calendar days following confirmation of the sale of the Product, it shall be entitled to cancel the sale of the Product involved and shall notify this to the Buyer.
8.2.2. Condition of the Products upon delivery
The Seller undertakes to deliver only perfectly clean Products to the best of its ability without intent to alter, mark or damage the Product.
In case of deliveries transiting via Time District, Time District shall be entitled to bill the Seller for reasonable costs incurred in cleaning the Products and shall be entitled to deduct these costs from any moneys that are due to the Seller by Time District. In order to avoid any dispute, the Seller undertakes to take particular care with the packaging of the Products it sends. The Seller undertakes to retain evidence of sending any parcel that is dispatched, in a safe location, for a period of one month following the send date.
In case of direct delivery, should the Time District Authentication Service provider and/or the Buyer complain about the delivery of a Product that is in poor condition, after examination, Time District shall inform the Seller and/or Brand Partner, where applicable, that the Product shall be returned to it forthwith.
8.3. Payment of the Seller
The moneys received from the Buyer, after deduction of (i) the Seller Fees owned to Time District and (ii) any outstanding amounts due to Time District, such as potential cleaning costs, shall be paid across in full to the Seller by Time District. This Transaction will take place after the Authentication Service provider of Time District confirms that the Product complies with the Product Page. This processing of payment will be carried out through Stripe services within five (5) days after the Product’s delivery to the Buyer.
In case of a change of the Seller Fees’ scale, any pending offers on the date on which the new Seller Fees’ scale comes into force shall be null and void.
However, the Seller must reimburse the moneys received from Time District for the Transaction, immediately upon receiving a request to do so from Time District, and must reimburse any carriage costs to the Buyer, if:
(i) the Product turns out to be counterfeit or a Product whose sale is prohibited, in violation of the Seller’s obligations described in article 10.5 of these T&Cs; or
(ii) the Buyer exercises their right to withdraw from the sale, during the statutory timescale of fourteen (14) calendar days, in case of a Product bought from a Trade Seller and/or Brand Partner.
Should Time District not have paid any moneys to the Seller in connection with the Transaction, the Seller shall not be entitled to claim any payment for a Product that shall have been validly returned by the Buyer or by Time District.
The Seller hereby waives any claims over moneys (interest or other) generated by the temporary blockage of any sums taken by Time District as part of the Transaction. Should a Seller and/or Brand Partner want the moneys that they are owed to be paid by bank transfer, a bank transfer shall be made into the bank account designated by the Seller and/or Brand Partner. Time District shall only make bank transfers after the Authentication Service provider of Time District shall have confirmed that the Product complies with the Product Page or within five (5) days following the Buyer’s confirmation of receipt of the Product. Should the Seller and/or Brand Partner opt for payment by a bank transfer into their bank account, bank costs may be charged, for instance in the case of accounts domiciled in countries other than Switzerland. The Seller should check the terms applicable to such transactions with the banking establishment that holds the bank account involved.
In case of a claim or complaint by the Buyer, Time District shall be entitled to withhold payment to the Seller until the claim or complaint shall have been resolved.
Sellers should note that the moneys that are due to them shall not be credited immediately into their bank account, due to processing and handling delays of around five (5) working days (in the case of banks) after the Product is found to be compliant, these delays being subject to fluctuation and being provided for information purposes only.
Should a Seller not pay any moneys that are due to Time District, Time District, after bringing this to the attention of the Seller and/or Brand Partner in writing, shall be entitled (i) to offset any moneys that remain due against the moneys that it is supposed to pay across to that Seller and/or Brand Partner, and/or (ii) to impound any Products that are bought or sold by the Seller and/or Brand Partner, until full payment of the moneys that are due to Time District, and/or (iii) to offset as a priority the moneys that it receives as part of a new Transaction against the moneys that remain due, provided that the Seller and/or Brand Partner settles any outstanding balance in order to be able to acquire the new Product that they are planning on buying.
In order to receive payments, Time District may be entitled to ask the Sellers to share their bank account details, in order for Time District to be able to make a transfer to their bank account. Please note that the family name and the first name of the Seller must correspond to those of the bank account in order for the transfer to be authorised by the bank involved. Should the Seller opt for payment by bank transfer fees may apply. The Seller should check the terms and conditions of its Bank.
By using the services of Time District, the Seller agrees to the terms and conditions of Stripe which is the payment provider retained by Time District for the payment transactions of Sellers. These Stripe terms and conditions are available here.
Currencies on Time District
Sellers may list their Products on the Platform based on the pre-selected currency. Time District processes payments in the currencies supported by our partner Stripe. When applicable, Buyers can view prices in pre-selected currency.
Currency conversion fee
Where the Product Price is displayed in a currency other than Seller's local currency, the displayed Price shall not include any currency conversion fees payable by Buyer and any additional fees that may be applied by Buyer's payment card operator and/or Bank. No currency conversion fee or foreign exchange fee is applied by Time District where the currency linked to the payment method is different from the currency selected at the checkout page (or in the User’s selected currency settings). For example, if the Buyer uses a USD credit card or other payment method to purchase a Product displayed in EUR, no currency conversion fee or foreign exchange fee is applied by Time District. However, the Buyer’s card issuer or bank may apply a currency conversion fee or foreign transaction fee with respect to such purchase.
Payment via the Escrow Service
Time District provides an escrow service free of charge. Payment is transferred and held securely until Buyer receives the ordered Product at the point of delivery. Time District holds payment securely until forty-eight (48) hours after the day of delivery and Time District releases payment to Seller unless Buyer makes a claim in accordance with the Terms and Conditions.
Vouchers
Time District may from time-to-time issue vouchers or promotion codes or other promotional offer via notifications (or other method) to be used in accordance with the following conditions:
Vouchers or codes are only valid for use on Time District's Platform by Users with a registered Time District account;
Vouchers or codes may only be used with the Time District account linked to the account to which the voucher or code was issued;
Vouchers or codes may only be used for the purchase of eligible listings, being Items which have been accepted by our team of authentication experts, not withdrawn from the Platform or, in the case of a sale, not subject to cancellation;
Vouchers or codes are non-transferable, non-exchangeable, non-refundable and under no circumstances redeemable for cash;
Time District is not responsible for vouchers or codes which are lost, stolen, deleted or used without the permission of the registered User;
Vouchers or codes may not be used in conjunction with any other offers or promotions, unless otherwise specified by Time District;
Vouchers or codes apply only to the purchase price of the Item and do not apply to applicable additional costs such as customs duties or taxes; and
Unless otherwise specified, vouchers or codes are valid for one (1) use only and must be used within the time period (if any) specified at the time of issue.
In addition to the above, Time District may from time to time specify additional conditions for the use of vouchers or codes on Time District.
Time District reserves the right to cancel or set an expiry date for any issued voucher or code, including circumstances where:
The voucher is not used strictly in accordance with the conditions of use;
Time District suspects fraudulent use or abuse; or applicable privacy
regulations require a User’s account to be deleted due to inactivity.
8.4. Sales of Products imported into the European Economic Area
Time District reserves the right to request that Sellers who are based outside the territory of the Switzerland and European Economic Area or who offer for sale Products located outside of this territory provide all the documents certifying that they have obtained permission from the holder of the rights. Should a Seller not provide these documents to Time District, Time District shall be entitled to cancel any Transaction and to suspend the Seller’s account.
Time District shall be entitled to bill the Seller for any customs duty that is levied when the Product is dispatched by the Seller to Time District.
8.5. Advertising of counterfeit Products or Products whose sale is prohibited on the Platform
Time District is committed to the principles of the “Charte de lutte contre la contrefaçon sur Internet”, in compliance with The Federation of Swiss Watch Industry, The Watch Register, and local authorities to combat the sale of counterfeit goods over digital platforms, including the Internet and mobile applications. Time District is committed to applying the procedures for taking action against the sale of counterfeit goods that are described in the Charter, in favour of both consumers and the rights holders.
By physically examining Products prior to sending them to the Buyer, Time District shall make its best efforts to prevent the sale of counterfeit products or of Products whose sale is prohibited (for instance, Products which violate the prevailing laws or regulations or infringe third party rights, such as prototypes (accessories created prior to production in series), and/or accessories designed for use by the employees of certain brands and/or products arising from “sales to employees” or “press sales” whose resell is not authorised by the Manufacture or brands involved.
The Sellers warrant and represent that the Products that they put up for sale are not counterfeit and that their sale is not prohibited. However, if in spite of the care taken to physically inspect the Product, a Buyer receives a counterfeit item or a Product whose sale is prohibited, they may return it to Time District in order to secure a refund.
Should a counterfeit Product or a Product whose sale is prohibited be discovered, it shall immediately be withdrawn from circulation and the Seller’s account may be suspended temporarily or permanently.
Moreover, should a counterfeit Product or a Product whose sale is prohibited be put up for sale on the Platform, the Seller of this Product shall bear the risk that this Product might be seized by the appropriate authorities or by the owner of the brand involved, which might impound it or destroy it. The Sellers shall then have to personally retrieve the Product in question at their sole risk and expense.
Should a counterfeit Product or a Product whose sale is prohibited be nevertheless put up for sale or seized by the appropriate authorities or by the brand that owns the intellectual property rights concerned or by the holder of the rights, after it has been sold, the Transaction shall be cancelled. The Seller must then refund to Time District the moneys that it shall have taken in connection with the sale of the contentious Product and shall have to compensate Time District for any costs incurred by the latter and/or by the Buyer owing to the Seller’s activity; the Buyer shall also be liable for any costs, losses, expenses and damages incurred by Time District in relation to any legal action arising in relation to the contentious Product.
Furthermore, should the Product not be seized by the appropriate authorities or by the owner of the brand involved, Time District shall inform the Seller that the Product will be destroyed after a period of six (6) months unless the Seller makes a request by contacting Time District’s Customer Service and provides information supporting the authenticity of the Product (to Time District’s satisfaction).
Should the Sellers wish to retrieve their Product, they must request this by contacting Time District customer service and make a bank transfer of 1) five hundred Swiss francs (500.-sfr) (or equivalent in local currency) for all Product advertised whose price is less than or equal to fifty thousand Swiss francs (50’000.-sfr) (or equivalent in local currency) or 2) one thousand and five hundred Swiss francs (1’500.-sfr) (or equivalent in local currency) for all Product advertised whose price is greater than or equal to fifty thousand and one Swiss francs (50’001.-sfr) (or equivalent in local currency), corresponding to the incompressible treatment costs. After receipt of the payment, Time District shall send the Product back to the Seller within fifteen (15) working days.
Please note that counterfeiting is subject to specific sanctions.
In case of doubt over the authenticity of a Product, Time District reserves the right to request from the Seller any and all documents certifying the authenticity of the Product and to suspend the Seller’s account until it shall have received these documents. Time District shall also be entitled to get in touch with a Seller in order to verify the authenticity of a Product.
9. Transfer of the ownership of the Products and the risks
The Products shall remain the property of the Seller or, should Time District be itself acting as the Seller of its own Products, of Time District, until Time District shall have received full payment of the Price of the Order from the Buyer, including both capital and ancillary elements (taxes, Authentication Costs, Carriage Costs and any other costs that may be applicable), and Product is delivered to Buyer. The transfer of the risks of loss or damage of a Product to the Buyer shall take place upon receipt of the Product by the Buyer or by a third party that the Buyer shall have commissioned to act on their behalf. The Buyer shall therefore bear the risk linked to any damage caused to the Product after it is received.
10. Claims and returns
10.1. Non-receipt or late delivery of a Product
Should the Buyer not receive the Products within thirty (30) days following the date of the Order, or in the case where Time District is selling its own Products directly on the Platform, should the Buyer not receive the Products on the delivery date stated, the Buyer may cancel the Transaction, provided that it shall first have summoned Time District to rectify the situation within a reasonable timescale and provided that delivery shall not have taken place within this additional timescale.
Time District shall refund the Buyer within fourteen (14) calendar days following the date on which Time District receives the notification of the cancellation of the Transaction by the Buyer.
Should the Buyer receive the Products whereas they have already cancelled the Transaction, they must return the Products and Time District undertakes to refund the Price of the Products that are returned, the Authentication Costs, the Carriage Costs (in case of return of the Order as a whole) and the cost of returning the Product to Time District, within fourteen (14) calendar days following Time District’s receipt of the complete Products in their original condition and packaging. These returns must take place in accordance with the terms of article 12.3.3 below.
In case of cancellation, the Buyer shall be refunded in cash (the moneys being credited to the bank card that the Buyer used to make the payment or to the Buyer’s Stripe account) provided that, in each case, Time District does not suspect that the request for cancellation or for a refund due to total or partial non-receipt of a Product that was ordered was made fraudulently. In the case of a partial cancellation, only the part of the Order that is cancelled shall be refunded in keeping with the foregoing terms.
10.2. Products that do not comply with their Product Page
Please note that Time District’s involvement in resolving claims or complaints pursuant to a purchase from a Partner Brand and/or Seller is designed to facilitate the procedure and shall not result in Time District being considered a party to the sale.
Should a Product is found not compliant with the Product Page, Time District shall cancel the Transaction and shall refund the Buyer.
10.2.1. Findings during the quality control that is performed by Time District
Should the Product comply partly with its description, Time District shall inform the Buyer about the defects or non-conformity noticed and the Buyer will have forty-eight (48) hours to either (i) accept the sale, or (ii) cancel the Transaction. Should the Buyer cancel the Transaction, Time District shall refund the Buyer.
In the case of Products that do not correspond to their description in the Product Page provided by the Seller, products that are counterfeit or whose sale is prohibited, Time District shall cancel the Transaction and shall refund the Buyer.
Should the Transaction be cancelled, the Buyer may obtain a cash refund which shall be credited to the method of payment that the Buyer used initially. In the case of a partial cancellation, only the part of the Order that is cancelled shall be refunded in keeping with the foregoing terms.
10.2.2. Detection of non-conformity upon receipt of the Product by the Buyer
(i) Case of a Product bought from a Non-Trade Seller or Private Individual:
Should the Product has been dispatched through Time District:
Should the Buyer find that a Product does not comply with its description in the Product Page, the Buyer must contact Time District by e-mail within maximum forty-eight (48) hours following the date on which the Product was delivered to them.
The Buyer must explain in what way and to what extent the Product does not correspond to the Product Page and must provide photographs enabling their assertions to be substantiated.
Should the claim of non-conformity of the Product with the Product Page appear justified at first sight based on the explanations of the Buyer and the photographs, Time District shall authorise the Buyer to send the Product back.
Upon receipt of the Product, Time District shall inspect it to determine whether it is truly non-compliant with the Product Page. If the non-conformity is confirmed, Time District shall refund the Buyer. The refund shall take place by crediting the method of payment that was used by the Buyer to make the initial payment. If the Product is still found compliant, Time District will keep it and re-list it on the Platform under the Buyer’s account unless the Buyer claims the Product back to Time District at the Buyer’s expense.
All Products returned by Buyers due to non-conformity with the Product Page must be returned with the sealed form (label) initially affixed by Time District and/or Partner Brand(s) and/or Service Partner(s) to the Product upon dispatching it.
Should the Buyer receive a counterfeit Product or a Product whose sale is prohibited, they may return the Product to Time District and secure a refund, save in case of fraud on their part.
Should the Buyer has opted for the Product to be dispatched directly by the Partner Brand/Trade Seller:
Should the Buyer find that a Product does not comply with its description in the Product Page, the Buyer must contact Time District by e-mail within fourteen (14) days following the date on which they received the Product.
The Buyer must explain in what way and to what extent the Product does not correspond to the Product Page and must provide photographs enabling their assertions to be substantiated.
Should the claim of non-conformity of the Product with the Product Page appear justified at first sight based on the explanations of the Buyer and the photographs, Time District shall authorise the Buyer to send the Product back to the Partner Brand and/or Trade Seller. Time District shall refund the Buyer upon confirmation of receipt of the Product by the Brand Partner and/or Trade Seller. The refund shall take place by crediting the method of payment that was used by the Buyer to make the initial payment.
(ii) Case of a Product bought from a Trade Seller:
Should the Buyer find that a Product does not comply with its description in the Product Page, the Buyer shall have the right to raise a claim with the Partner Brand and/or Trade Seller through Time District in accordance with the applicable statutory warranties.
Upon making a complaint about a Product that does not comply with its description in its Product Page, the Buyer must return the Product or make it available for collection.
Trade Sellers hereby acknowledge and agree that should a Product be returned to them by a Buyer owing to non-conformity with its description in the corresponding Product Page or because it does not meet the legal obligations of the Partner Brand and/or Trade Seller, the Brand Partner and/or Trade Seller may not refuse to apply the foregoing terms and must take appropriate action within a reasonable timescale.
Should the Buyer believe that they have received a counterfeit item or a Product whose sale is prohibited, they must alert Time District by e-mail within forty-eight (48) hours following receipt of the Product and may return the Product to Time District in order to secure a refund, save in case of fraud on their part.
The provisions of this article shall not cause Time District to be a party to the sale between the Partner Brand and/or Trade Seller and the Buyer. Time District hereby disclaims liability for any failure by a Brand Partner or Trade Seller or Non-Trade Seller to comply with their obligations under this article 12 and in particular in the event of the Seller’s failure to comply with their obligation to refund the Buyer or pay the latter any other compensation in connection with a Product that is returned by the Buyer because it does not comply with its description on the corresponding Product Page, because it is counterfeit or because its sale is prohibited.
10.3. Specific provisions applicable to Brand Partner or Trade Sellers
10.3.1. The status of Brand Partner or Trade Seller
Any Brand Partner or Trade Seller must declare itself as such on the Platform. Time District hereby reminds Sellers misleading commercial practices are strictly prohibited.
Upon registration on the Platform or even subsequently if their status changes after registration, Brand Partner or Trade Sellers must therefore disclose to Time District that they are acting in a professional capacity. Time District shall then inform the Users about this.
Brand Partner or Trade Sellers shall not be subject to the standard Seller Fees’ scale and shall benefit from specific Seller Fees’ rules as part of their contract of sale on consignment or online brokerage.
10.3.2. General obligations of Brand Partner or Trade Sellers
Brand Partner or Trade Sellers (including Time District when it offers its own Products for sale directly to the Users on the Platform) undertake to perform their legal obligations linked to the sale of Products to non-trade Buyers, and undertake in particular:
not to commit any act or omission that might mislead Buyers in order to make them buy a Product that they would not have bought otherwise;
to honour the right of non-trade Buyers to withdraw as laid down by the applicable rules and regulations as well as all other rights that the Buyers may have under the applicable rules and regulations, and under the applicable statutory warranties in particular; and
to ensure that any Product that they offer for sale on the Platform complies with its description in the Product Page, is of satisfactory quality and is suited to the use indicated by the Brand Partner or Trade Seller in the description or to any use for which this kind of Product is usually designed, and save where it is otherwise provided, is free of any fault affecting its materials, design or production, and to therefore guarantee the Buyer under the statutory conformity warranty and the statutory warranty against hidden defects.
Moreover, Brand Partner or Trade Sellers shall be responsible for making all requisite declarations before the relevant authorities to comply with the applicable regulatory provisions (such as their registration obligations).
Time District hereby draws the attention of the Sellers to the fact that Sellers that sell items regularly and/or that sell a large number of items may be qualified as trade Sellers by the tax or other authorities and may therefore be subject to the obligations that are applicable to Trade Sellers by virtue of the applicable regulations and these T&Cs. It shall be the responsibility of the Users to comply with all their obligations, including making the requisite declarations to the relevant authorities so as to comply with the applicable regulatory provisions, and Time District hereby disclaims liability in this respect.
Time District reserves the right to request that Trade Sellers provide it with any documentation confirming their identity and their address – such as: a certificate of incorporation or an identity card, a company registration number, a bank account number – In order to be able to check and keep information concerning the identity of the Trade Sellers and their contact details as well as their identity documents throughout the existence of their account and for a period of five (5) years following the closure of their account.
10.3.3. Returns
Brand Partners or Professional Sellers or Private individual acknowledges that if a Product is returned by a Buyer owing to its non-conformity with the description on the Product Page or because it infringes these T&Cs and/or the legal obligations of the Seller involved, the Seller may not refuse to refund the Product (and the carriage fees linked to the Order) to the Buyer, or to repair the Product (if this is reasonably possible), at the Buyer’s discretion, and in each case within a reasonable timescale.
Should a Transaction be cancelled pursuant to the Buyer exercising their right to withdraw from the sale or in case of a conformity defect found in a Product, counterfeit Products or Products whose sale is prohibited, and the Professional Seller or the Private Seller wants the Product involved to be returned, it must inform Time District within two (2) days from the date of the cancelation of the Transaction by sending an email to concierge@timedistrict.com. The Professional Seller or Private Seller must then pay Time District a fixed fee of five hundreds Swiss francs (500.-sfr) per counterfeit and/or non-compliant item, corresponding to the minimum handling costs (costs linked to the sending of the Product to Time District and costs linked to the re-sending of the Product to the Seller) and must refund to Time District the moneys that it shall have received as part of the sale as well as the carriage costs due in connection with the Order, where applicable. In this case, the Seller has a period of six (6) months to claim the Product and pay the fee of five hundred Swiss francs (500.-sfr) (or equivalent in another currency, at the appropriate conversion rate) for the return of the Product indicating a specific reason to Time District. Failure to pay the fee within this period will automatically result in Time District being granted permission to destroy the item by whatever means are deemed necessary.
Should a Transaction be cancelled pursuant to the Buyer exercising their right to withdraw from the sale or in case of a conformity defect found in a Product, counterfeit Products or Products whose sale is prohibited, and the Seller wants the Product involved to be returned, all duties and taxes linked to the return of said Product will be at the Seller’s expenses upon delivery.
10.3.4. Information about the approval and processing of offers Terms of approval
Any person who has come of age and who holds a valid account with Time District can advertise a Product for sale on the Time District platform. The account holder must act as a private operator. Time District reserves the right to accept or not the opening of professional account(s) either Brand Partner and/or Trade Seller.
Terms governing the removal of offers
An offer for sale might not be published or might be withdrawn by Time District for the following reasons:
the Product on offer is a prohibited product as per the meaning of this term in the Terms of Use of Time District for it runs counter to public morals or its sale is prohibited under statutory, regulatory or contractual provisions. This concerns among other things Products that constitute counterfeit goods or that are sold in violation of selective or exclusive distribution networks;
there is an error on the Product Page of the offer;
the Time District account of the Seller of the Product is suspended or cancelled, whatever the reason for this;
the Product that is advertised has already been sold.
Classification of the offers for sale on the results pages
Default classification: the offers are classed, by default, based on a selection of our editorial teams, “our selection”, that takes into consideration the following factors: price, category(ies), vintage, or representation of the various brands.
“Hidden Gems” classification: items that are included in the “Hidden Gems” classification are those that meet the criterion of “trend relevance”. This criterion is based on the market trends arising from the choices made by our editorial teams that select upmarket and luxury items in order to compile a catalog comprising the most inspiring pieces featuring a particular interest or value for Users.
Personalised classification: the Buyers can choose another criterion to govern the sorting of sales offers based on the sorting criteria and/or filters available.
Other classifications which may be seen on Time District Platform:
“most recent”, “least recent”: the Products are sorted based on the creation date of their Product Page on our platform;
“least expensive”: the Products are sorted from least to most expensive;
“most expensive”: the Products are sorted from most to least expensive;
“most popular”: the Products are listed based on fashion trends arising from the choices made by our editorial teams that select upmarket and luxury items in order to compile a catalog comprising the most inspiring pieces featuring a particular interest or value for Users.
11. User status and rating
11.1. Automated Verification
Automated identity verifications will be performed by Time District and/or the verification and/or the payment processor and/or our shipping partner.
Level 1 Verification: Upon registration, the User will be prompted to verify their phone number by entering the 6-digit code received via SMS. If the User has lost their access, in order to retrieve it, they may be prompted to fill in their details again to receive a new 6-digit code via SMS.
Level 2 Verification: When a Buyer or Seller intends to initiate a Transaction, Time District requires both parties to undergo identity verification before granting access to marketplace functionalities. Once identity verification is complete and verified, the User's account will be considered “verified”. Neither Time District nor Sumsub and/or Stripe and/or Shipping partner and/or Authentication partner store, hold, sell, trade or retain any end-to-end personal data in full (full name, address, identity). All data that the User can enter on his profile is only accessible and visible to that User him/herself. Our payment and/or shipping operators have the right to verify Buyer and/or Seller identity but will not store any personal data - unless otherwise required by local regulations and competent authorities. For more information, please read their respective terms and conditions applied.
11.2. Automated rating rules
If/when feature is available, automated rules will be done and monitored by Time District.
11.3. Manual rating
If/when feature is available, Buyer will have the possibility to rate Sellers on a scale from 1 to 5 stars for transactions, between five (5) and twelve (12) days after product reception date if no litigation was opened by Buyer within forty-eight hours (48h).
12. Terminating your account
If you are a consumer:
You agree that we will commence supplying the Service to you as soon as you accept these Terms and Conditions;
You can terminate your account of this Platform for any reason at any time. In such circumstances, we will be entitled to recover any fees owed for the Services provided up to the date of termination (if any);
And are currently engaged in an active trade(s) or service(s) as a Seller or a Buyer, you acknowledge that any termination in accordance with this paragraph 16.1. (b) above will not take effect until after the completion period in respect of those trades and/or services have ended.
Otherwise, you may delete your account at any time in which you are not involved in an active Transaction by logging onto your account and reviewing your profile settings.
Miscellaneous provisions
1. Duration and validity
The Users shall be governed by these T&Cs from the moment that they accept them upon accessing the Platform or upon registering on the Platform, and until the cancellation of their account, whether or not they perform any Transactions.
Time District shall be entitled to modify its General Terms and Conditions at any point in time, without notice and without any obligation to justify its decision, without incurring any liability as a result. In case of a significant change of one of the clauses of these T&Cs, the Users who accepted their terms and conditions beforehand shall have to accept the new version of these T&Cs. The General Terms and Conditions that are applicable shall be those that are in force on the date on which the User uses the Platform and/or purchases a Product, depending on the nature of the changes made to the General Terms and Conditions.
2. Interruption of the service and rescission
In case of a failure to comply with one or more of the clauses of these T&Cs (such as in case of a failure to pay any moneys due within the allotted timescales, or a violation of these T&Cs), whether this is witnessed by Time District or gives rise to a justified complaint by other Users, Time District may temporarily interrupt the User’s access to the services of Time District, for instance pending a rectification of the contentious situation.
If the violation can be rectified but such a rectification does not take place within two (2) calendar days following the notification of the irregularities witnessed by Time District, Time District shall have the right to permanently bar the User from accessing the services. This irrevocable withdrawal of the User’s access shall be preceded by the sending of an e-mail to the User involved, informing them about this impending measure and the reasons for taking it, without any other formalities and notwithstanding any compensation that Time District may claim for any loss or damage that it shall have incurred.
Moreover, Time District may put an end to the services provided, as of right, without prior notification, effective immediately, if the behaviour of the User constitutes a serious violation of these T&Cs, such as, but not limited to: opening several accounts, fraudulent use of methods of payment, attempted fraud, or any other criminal offence. Such a measure shall not give rise to any right to compensation whatsoever from Time District, and the latter shall itself be entitled to claim compensation for any loss or damage that it may have incurred.
Should Time District cancel any Transaction(s), the Users shall be refunded automatically in cash (the sum being credited to the account and mean of payment used for the payment or to their Stripe account)
3. Complaints
Any User wishing to make a complaint against Time District concerning the Platform may send a letter to Time District at the address mentioned above, sending an email to support@timedistrict.com. This e-mail address and address may not be used by Users to make claims or complaints about another User; they must use the contact information mentioned in the previous section for this purpose.
4. Mediation
Should a dispute arise between a User and Time District, Time District recommends that the User get in contact with Time District in order to try to resolve the dispute amicably. Time District shall inform the User in this respect about the existence of alternative modes of settlement of disputes, such as mediation or arbitration.
The User may moreover get in contact with the online dispute resolution platform of the Swiss Arbitration at the following address: https://www.swissarbitration.org/.
5. Applicable law and settlement of disputes
These T&Cs are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these T&Cs. Nothing in these T&Cs affects the User’s rights as a consumer domiciled in the EU to rely on the mandatory provisions of the local laws of their country of residence.
Should the parties fail to reach an amicable settlement of their dispute, Time District and the User agree to submit it to the jurisdiction of the Swiss courts. The terms of this article shall not result in depriving consumers of the right to bring court proceedings or to defend themselves against court proceedings in the country where they reside or they are domiciled, nor shall they deprive them of the protective measures stipulated in their favour by the applicable rules and regulations of their country of residence.