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Terms and Conditions

The Clozen platform (hereinafter the “Website” or “Clozen”) is managed and held by the company K Marketplaces SA, whose head office is located at La Pièce 1, 1180 Rolle, Switzerland, registered in the Commercial Register of the Canton of Vaud, under the number CHE-223.831.295.

Before browsing or registering on the Website, each User must read the present Terms and Conditions of Sale and Use (hereinafter the “Terms and Conditions”), the Privacy Policy (as defined in the Definitions Article below), as well as the other compulsory provisions of the Website, whether or not they are mentioned in these Terms and Conditions, accept them and undertake to respect them

I. Definitions

Accounts on Social Networks – refers to Clozen's accounts on Facebook, Twitter, Instagram, Pinterest, Tik Tok, YouTube and other social networks, on which information about the Website and the Services offered therein is posted, including the sharing of content posted by Users.

Buyer – refers to any User who purchases or wishes to purchase one or more Item(s), Lot(s), Good(s) from the Website.

Carrier – designates the company(ies) that transport(s) the shipment(s), the item(s), the batch(es) and the merchandise in general exchanged on Clozen.

Catalogue – refers to the digital/electronic catalogue in which Items of the same type are listed, it being understood that all Users must comply with the rules of the Catalogue set up by Clozen.

Clozen Wallet – refers to the e-wallets (payment accounts) managed by Lemonway that allow for secure, transparent and efficient Transactions between users.

Enhanced Advertising Services – refers to the additional service offered by Clozen, in which the Seller will benefit from enhanced advertising/promotion of their Items for sale on Clozen if they accept the payment of an additional fee.

Item(s)/Lot(s)/Good(s) – refers to the Goods/Items/Lots which are not prohibited from being sold under Swiss law and which are added by the User to the relevant Website Catalogue for the purpose of selling them.

Privacy Policy – refers to the document that outlines the manner in which Clozen collects, uses, stores and transfers the personal data and other important information of a Visitor or User.

Private Messages – refers to the communication by exchange of private messages between Users by means of the messaging system of the Website, to which only the Users concerned can have access.

Professional User/Professional Seller – refers to any user who adds one or more Items to the relevant Catalogue on the Website in the course of their business. Professional Users and Professional Sellers may be sole proprietorships, commercial companies or non-profit organisations duly registered in Switzerland.

Sale – refers to the Transaction and sales contract concluded directly between a Buyer and a Seller (also a Professional Seller).

Seller – refers to any User who adds one or more Item(s) to the relevant Website Catalogue.

Terms – refers to these Terms and Conditions and any additional policies and conditions published on the Website defining the terms and conditions under which Clozen allows Users and Visitors to access and use the Clozen Services.

Transaction – refers to any Transaction that transfers ownership and/or the right to use an Item from one User to another, including but not limited to, the sales contract concluded directly between the Buyer and the Seller or any other Transaction made between Users.

User Account or Account – refers to the registration of the User on the Website; the account created contains personal data.

User – refers to any individual who has registered on the Website and has accepted the Terms and Conditions of Clozen. For the sake of clarity, a User under these Terms and Conditions refers to an individual who is a consumer and who acts as such.

Visitor – refers to any individual not registered on the Website who may use the Website without being registered, in accordance with the Terms and Conditions.

II. Object

II.1 These Terms and Conditions define the relationship between Clozen and the Users or Visitors as well as the relationship between the Users, Visitors or Users and Visitors, and in particular the rules applicable to:

  • the registration and use of the Website by the Users;
  • the role of Clozen as an intermediary and the services it offers in the context of Transactions between Users; and
  • Transactions involving items added by Sellers, whether the Buyer is a Professional User or a non-professional User. Clozen is not a party to any Transactions made on its platform.

By using or accessing the Website, Users agree to be legally bound by these Terms and Conditions.

II.2 Professional Users are only allowed to use the Services after having accepted the present Terms and Conditions and signed an additional contract with Clozen.

II.3 The Services are not intended for minors. For minors, a parent or guardian (of legal age) must register for the use of the Services and supervise the use of the Services by the minor.

II.4 When registering on the Website, the User must provide a username (pseudonym), an email address (either directly or via their Facebook, Google or Apple profile), and, if the User does not register via their Facebook, Google or Apple profile, a password, which allows the Website to identify the User each time they access the Website. Even if the User has provided their first and last name(s) when registering on the Website, other Users can only see the User's username (pseudonym), which may be different from their first and last name(s). Clozen may request to make certain confirmations concerning the User's Account for security purposes, notably by requiring proof of identity via SMS or email. Such confirmations may include, but are not limited to, confirmation of the User's telephone number; a request for proof of credit card ownership or any other steps that Clozen may take at its discretion.

II.5 Clozen will process the User's personal data as described in the Privacy Policy, for the purpose of executing these Terms and Conditions as a contract with the User and for other legal purpose.

II.6 Clozen may, at its own discretion, modify the Terms and Conditions, in order to:

  • 1. to adapt the Terms and Conditions to legal or regulatory provisions in force or being adopted;
  • 2. to adapt the Terms and Conditions to any decision rendered by a court, a consumer agency or any other competent authority and which impacts the content of the Website or the services offered on the Website;
  • 3. to reflect changes and developments in the way Clozen manages its business;
  • 4. to reflect changes in market conditions or current industry practice.

If Clozen makes any changes to the Terms and Conditions mentioned above, it will notify the Users:

  • 1. fifteen (15) days before the changes take effect, or
  • 2. four (4) weeks prior to the entry into force of the changes in the case of substantial changes (e.g., changes which increase the obligations of the Users or which have an impact on the main features of the Website).

Unless the User terminates their relationship with Clozen before the day the changes come into effect, the changed Terms and Conditions are deemed to have been accepted by the User. If the User objects within the time limit, they can choose to terminate their relationship with Clozen and close their Clozen Account. Any changes to the Terms and Conditions published on the Website will apply immediately to Visitors and Users who complete the online registration procedure after the publication of these changes on the Website.

III. Services

General services

III.1 Clozen is an online hosting intermediary service and offers Services to facilitate Transactions in Switzerland and Liechtenstein. Transactions can only take place in these two countries. Users can add their Items to the Website's Catalogue in order to buy or sell Items and communicate and negotiate by sending Private Messages to other Users. Clozen is not a party to any Transaction between Users. In no case does Clozen buy, sell or exchange items presented on the Website. Clozen offers services that facilitate Transactions.

III.2 Clozen will receive a 10% commission on each initial Transaction made on the Website. This commission will be divided as follows:

  • 5% to be paid by the Buyer;
  • 5% to be paid by the Seller.

The Seller shall also pay a Transaction fee of CHF 1.50.

III.3 The commission will be collected through the Lemonway platform (https://www.lemonway.com/en/). Lemonway is a payment institution whose headquarters are located at 8, rue du Sentier 75002 Paris. Lemonway is approved by the ACPR under the number 16568 and registered with the Register of Financial Agents (Regafi). Users will be required to create a Lemonway account through a KYC (identity verification) via Clozen in order to manage aspects related to the payment, collection and/or reimbursement of Items. Users must take note of the terms and conditions of the Lemonway platform, which are completely independent of Clozen.

III.4 These Terms and Conditions, the Privacy Policy and other Clozen rules published on the Website, apply to Users, Professional Users and Visitors to Social Network Accounts, who must comply with them.

Additional services

III.5 As a simple intermediary, Clozen is not a party to the Sales contract between the Buyer and the Seller. Under no circumstances will Clozen buy or sell the Articles presented on the Website, nor will they claim to do so.

III.6 The eventual intervention of Clozen in the case of a dispute between the Users does not replace the legal rights and/or guarantees of the Buyer as provided by Swiss law. These rights and guarantees can be exercised independently.

III.7.1 If the Buyer's rights guaranteed by these Terms and Conditions are violated by the Seller, Clozen will assist the Buyer within 7 days of reporting a dispute, to exercise his rights against the Seller by conducting a tripartite mediation and by freezing the funds paid for the Sale until it is finalized. In order for Clozen to intervene, a claim must be submitted by the Buyer within 2 days (48 hours) of receiving the Article, otherwise the funds cannot be frozen and will be automatically transferred to the Seller's Clozen Wallet.

III.7.2 The rights of the Buyer will be considered violated if (i) if the Seller does not send the Article to the Buyer within the time limit (5 days / 120 hours) stipulated in these Terms and Conditions, (ii) if the Seller sends an Article that does not correspond to the description on the Website, (iii) if the Seller sends a counterfeit Article to the Buyer, (iv) if the package / envelope is lost during transport (with proof of shipment) by the Carrier, (v) if the package / envelope is damaged during transport (with proof of shipment).

If Clozen considers the Buyer's claim to be justified within 7 days of reporting a dispute, Clozen will ensure that the Buyer is reimbursed only the price of the Article on their Clozen Wallet or that a transactional solution can be found with the Seller or the Carrier (in the case of a package / envelope lost during transport or damaged on delivery).

If the Seller makes a proposal to the Buyer within 7 days, the Buyer will have 2 days (48 hours) to accept and validate the Sale.

If the Buyer accepts the Seller's proposal within 2 days (48 hours), the Sale will be concluded at the price of the last offer (final price) made by the Seller. The Seller will only receive the amount corresponding to the final price on his Clozen Wallet minus the 5% commission (on the initial price) and minus the transaction fee of CHF 1.50. The Buyer will only be refunded the difference between the initial price and the final price on his Clozen Wallet.

If the Buyer ignores the Seller's last offer within 2 days (48 hours), the Sale will be concluded at the price of the last offer (final price) made by the Seller. The Seller will only receive the amount corresponding to the final price on his Clozen Wallet minus the 5% commission (on the initial price) and minus the transaction fee of CHF 1.50. The Buyer will only be refunded the difference between the initial price and the final price on his Clozen Wallet.

If the Buyer refuses the Seller's offer, Clozen will assist both parties in finding a transactional solution.

If no solution can be found and Clozen considers that the Buyer has been wronged, the Buyer will have to return the Article to the Seller within 3 days (72 hours) in the same way as it was sent using a Swiss Post prepaid label provided by Clozen. If the Buyer does not respect this 3 day (72 hour) period, Clozen will validate the Sale at the initial price. As soon as the returned package / envelope is in "delivered" status on the carrier's Website, Clozen will have 2 days (48 hours) to refund the Buyer only the amount corresponding to the price of the item or lot minus the extra cost of reshipping (unless the seller agrees to pay for them), if the Seller does not confirm receipt within this 2 day (48 hour) period. If the returned Goods are not collected by the Seller within the time limit set by the Carrier and returned to the Buyer, the amount related to the Goods only will be reimbursed minus the cost of reshipping to the Buyer on his Clozen Wallet and the Buyer may keep the Goods. The Buyer will bear the cost of returning the item unless the Seller agrees to pay for them.

If no compromise solution can be found and Clozen believes that the Buyer's rights have not been violated by the Seller, Clozen will validate the sale at the original price. The Seller will only receive the amount corresponding to the initial price on his Clozen Wallet minus the 5% commission and minus the transaction fee of CHF 1.50. The Buyer will not be reimbursed on his Clozen Wallet.

III.7.3 To prove the alleged violation, the Buyer must send Clozen a clear video and photographs containing: The entire unopened package / envelope, the damaged parts, the finishing touches to the packaging (adhesive roll, string, etc.), visible and unblurred Swiss Post label, opening the package / envelope and showing the contents, the Article(s) that do not correspond to the description made by the Seller. The Seller must also send Clozen a clear video and photographs containing: The Article (or the Lot) inserted in the package / envelope, the finishing touches to the packaging (adhesive roll, string, etc.), visible and unblurred Swiss Post pre-paid label with in addition the deposit at the Swiss Post counter with final closing of the package at the counter for shipments over CHF 500.00.

III.7.4 In case of receipt of a counterfeit Article, the Buyer will be reimbursed on his Clozen Wallet only the amount of the Goods and will not be obliged to return it to the Seller. The Buyer will nevertheless have to cooperate with Clozen so that the matter can be dealt with by the competent authorities. However, a case of counterfeiting must be proven by the Buyer with a written confirmation from an approved inspection body before the refund can be made.

III.8 Clozen requires that the Sellers commit to comply with the applicable laws and the rights of the Buyer, including, if applicable, the Buyer's rights as a consumer, and to process the orders with the necessary care and diligence. Sellers who do not respect the obligations defined in their contract with Clozen may be prevented from offering Items for sale.

III.9 In the event that the Buyer does not take delivery of the package / envelope and does not collect it within the time limit set by the Carrier, the package / envelope will be returned to the Seller. In this context, the Buyer will be reimbursed on his Clozen Wallet only for the amount of the Goods and when the Seller will have confirmed good reception of the returned package / envelope within 2 days (48 hours) following the status "delivered" indicated on the Carrier's Website. After this period, the Buyer will be reimbursed on his Clozen Wallet.

III.10 Should the package be lost during transport (proof of shipment), the Seller must send Clozen a clear video and photographs containing: The Article (or the Lot) inserted in the package, the finishing touches of the packaging (adhesive roll, string, etc.), visible and unblurred Swiss Post pre-paid label with in addition the deposit at the Swiss Post counter with final closing of the package at the counter for shipments over CHF 500.00. Clozen will assist the Seller by making the necessary arrangements with the Carrier for his claim, provided that the package has been correctly packed. In the event that the Carrier accepts a full or partial compensation (maximum CHF 5'000.00), Clozen will compensate the Seller only for the amount returned by the Carrier to his Clozen Wallet. The Buyer will also be reimbursed only the price of the Article(s) on his Clozen Wallet.

Should the package arrive damaged (proof of shipment), the Buyer must send Clozen a video and clear photographs containing: The entire unopened package, the damaged parts, the finishing touches to the packaging (adhesive roll, string, etc.), visible and unblurred Swiss Post label, opening the package and highlighting its contents. The Seller must also send Clozen a clear video and photographs containing: The Article (or the Lot) inserted in the package, the finishing touches of the packaging (adhesive roll, string, etc.), visible and unblurred Swiss Post pre-paid label, with in addition the deposit at the Swiss Post counter with final closing of the package at the counter for shipments over CHF 500.00. Clozen will assist the Seller by making the necessary arrangements with the Carrier for his claim, provided that the package has been correctly packed. Should the Carrier accept a full or partial compensation (maximum CHF 5'000.00), Clozen will compensate the Seller only for the amount returned by the Carrier on his Clozen Wallet. The Buyer will also be reimbursed only the price of the Article(s) on his Clozen Wallet.

Please note that if the package arrives damaged but the Goods are intact, Clozen will not take any action against the Carrier and the Transaction will be validated (except in the case of another dispute related to the same shipment).

III.11 The Seller, upon payment of an additional flat fee, can benefit from the Enhanced Advertising Services offered by Clozen. Should the Seller subscribe to the Enhanced Advertising Services, the Seller will have priority and increased visibility for a period of time that will be defined jointly with Clozen.

III.12 The Enhanced Advertising Services, if the Seller decides to subscribe to them, will be invoiced by Clozen according to the agreement specifically made with the Seller for this purpose.

IV. Adding Items

IV.1 To add an Article to the Website, all the requirements set out in this Article and the following conditions must be met:

  • 1. The Articles placed online by the Sellers must comply with Swiss law and not be considered illegal. The attention of the Sellers is drawn in particular to the prohibition which is made to them to sell counterfeit Articles.
  • 2. The Seller must be the owner of the added Items and must not add Items generally sold as low value drop shipping Items (i.e., Items sold at a low value according to current market practices).
  • 3. The sale, use or possession of such Items must not infringe the rights of any third party, must respect intellectual property rights.
  • 4. The Item must meet the requirements commonly applied in the market for this type of Item according to the nature of the Transaction, unless otherwise agreed between the Buyer and the Seller.
  • 5. The minimum value of an Item (or Lot of Items) offered on Clozen is CHF 2.00 and the maximum value of an Item (or Lot of Items) offered on Clozen is CHF 10'000.00.

IV.2 The Seller, when adding an Item to the Catalogue, must fill out the form for the addition of the Item. The Seller must describe and categorise the Article as precisely as possible, point out any defects and indicate the price of the Article. The Seller, when submitting the Item, declares that the Item conforms to the description it provides, and that this description is complete. The addition of Items to the Website Catalogue is free of charge.

IV.3 The Item added to the Catalogue must not only be described in the form relating to the addition of the Item, it must also be photographed. At least three photographs (or more, if necessary, depending on the Item) of good quality must be uploaded when adding the Item (it is forbidden to use photos found on the Internet and/or photos of a similar Item). It must reflect the actual quality and external appearance of the Item, as well as the possible presence of defects, faults or alterations to the Item.

IV.4 In the event of the sale of a luxury Item (i.e., value of more than CHF 500.00), the Seller shall insert on the Website at least three additional photographs to prove the authenticity of the Item (e.g., logo, label, care label, serial number, stitching details, manufacturer's original box, receipt etc.).

IV.5 The quantity of Items added to the Website Catalogue is unlimited. It is forbidden to add the same Item more than once to the Website Catalogue.

IV.6 The Seller who has added the Item may remove it or modify its price at any time before contacting a User for the sale of the Item concerned.

IV.7 Clozen reserves the right to delete an ad after 2 years.

IV.8 Click here to see a non-exhaustive list of what you can and cannot sell on Clozen.

V. Sale of Items

V.1 The Seller who has added an Item may remove it or change its price at any time, before being in contact with a Buyer for the sale of the Item concerned. The listing of an Item in the Catalogue constitutes an offer to sell by the User, which may be accepted by a Buyer.

V.2 If the Seller does not send the Item(s) within 5 days (120 hours), the Transaction will be cancelled and the Buyer will be reimbursed in full on a pro rata basis to his/her Clozen Wallet and/or credit card. His/her Article(s) can be published again in the catalogue.

V.3 Purchases from Sellers are only allowed via the Lemonway solution by clicking on the “Pay” button. All transactions made outside of the Clozen platform will not be covered by our assistance service in case of a dispute.

If an account or bank card belonging to a third party is registered on the Website, the Clozen team may request proof of identity.

V.4 The addition of an Item to the Catalogue in accordance with Article 4 and its publication for other Users constitutes an offer to sell the said Item by the Seller, which may be accepted by a Buyer.

V.5 The Buyer shall be deemed to have accepted the Seller's offer when he clicks on “Pay” on the payment page. The Buyer acknowledges that his acceptance of the offer is made in view of the description of the Item, subject of the sale. The Buyer and the Seller each acknowledge that:

  • 1. a legally binding contract is concluded between the Buyer and the Seller for the purchase of goods, “the sales contract”;
  • 2. that it represents a binding commitment by each party to the terms of the offer; and
  • 3. that Clozen is not a party to this sales contract.

V.6 A credit card transaction may not exceed the amount of CHF 10,520.00, item(s), commission and transport costs included.

VI. Payment and shipping

VI.1 All prices are expressed in Swiss francs (CHF), including all applicable taxes.

VI.2 Transactions and related payments are made through the Lemonway platform (https://www.lemonway.com/en/). The Sale Price can be paid with a credit card and/or the balance available on the Clozen Wallet or any other means of payment that may be added by Clozen on the payment interface integrated into the Website. The Price will be charged to the Buyer's credit card or/and to his Clozen Wallet.

VI.3 For all electronic payments, the data transmitted is encrypted and secured according to the recommendations of our partner, the Lemonway platform.

VI.4 The Buyer is solely responsible for the transmission of the credit or debit card information. The Seller and Clozen are not liable in this regard, to the fullest extent permitted by Swiss law.

VI.5 The price of the Transaction will be held by the Lemonway platform for a minimum period of 3 days (72 hours) until the Transaction is finalized. Once the Sale is deemed to be completed, or in the absence of any claim by the Buyer, the price of the Article will be paid automatically by the Lemonway platform to the Seller on his Clozen Wallet, after deduction of the commissions and fixed fees due to Clozen.

VI.6 The payment will be made to an account (Clozen Wallet) linked to the Clozen and Lemonway platforms, of which the User is the sole owner. The User can thus, if they wish, reuse their funds directly on the Website. Users can also request the transfer of their funds to the Lemonway platform to their bank account designated for this purpose.

VI.7 Transactions involving professional Sellers will be subject to VAT, in compliance with the legal provisions applicable under Swiss law.

VI.8 Once the Sale has been concluded, the Seller will receive the sale price of the Transaction, minus the commission due to Clozen in accordance with Article 3.2 of these Terms and Conditions, within two to three business days (48 to 72 hours).

VI.9 The Seller will ship the Sold Articles to the Buyer within 5 days (120 hours) using the Swiss Post prepaid label provided by Clozen. The Sale will be cancelled if the Seller does not respect the 5 days (120 hours) delay and the Buyer will be reimbursed in full on a pro rata basis on his Clozen Wallet and or credit card.

The Seller will have to send the Articles at least by post/package, with tracking, under the following conditions:

  • Small B5 envelope: CHF 2.90 - Weight: Up to 500g - Format: Up to 25 x 17.6 cm - Thickness up to 2 cm - Delay 1 working day;
  • Large B4 envelope - CHF 4.70 - Weight: Up to 1kg - Format: Up to 35.3 x 25 cm - Thickness up to 2 cm - Delay 1 working day;
  • Small package: CHF 7.00 - Weight: Up to 2 kg - Size: Up to 100 x 60 x 60 cm - Delay 2 working days;
  • Large package: CHF 10.00 - Weight: Up to 10kg - Size: Up to 100 x 60 x 60 cm - Delay 2 working days.

It is the Seller's responsibility to weigh and measure his or her Item before offering it for sale in order to correctly select the correct package / envelope size at the time of posting.

If the user chooses a package / envelope size that is too small, Clozen will charge the user for the additional costs associated with sending the package / envelope. Clozen also reserves the right to suspend any repeat user.

If the Seller does not pack the merchandise correctly, he will not be covered by the Carrier in the event that the package arrives damaged. Therefore, the Seller will not be entitled to any compensation for his lack of diligence.

VI.10 The Buyer must subscribe to the insurance offered by Swiss Post according to the following conditions, which will be automatically added to his shopping cart:

  • Packages with a value of more than CHF 500.00 with a cover of up to CHF 1’500.00*: compulsory insurance of CHF 2.00;
  • Packages with a value of more than CHF 1'500.00 and a cover of up to CHF 5'000.00*: compulsory insurance of CHF 7.00

* All liability is excluded if the limits of CHF 25'000.00 for watches & jewellery and CHF 40'000.00 for other goods allowed on the Clozen platform are exceeded. The Terms and Conditions of the Swiss Post are applicable.

VI.11 Clozen will not assume any responsibility for stolen packages / envelopes once they have been delivered by the Carrier.

VII. Interactions and Messages On The Website

VII.1 Private Messages

The exchange of Private Messages between Users is primarily for the purpose of exchanging information between Users about items in the Catalogue.

If a User sends Private Messages to another User, he must ensure that he does not send:

  • 1. messages or information of an advertising nature;
  • 2. spam or content containing viruses;
  • 3. mass messages of any kind (where a message is sent to more than five Users or where the same message is copied and sent to Users who have not requested to receive it);
  • 4. messages containing texts that are contrary to public morality and order, inappropriate, insulting, defamatory or otherwise considered incompatible with these Terms and Conditions and the interests of Users;
  • 5. messages of an illicit nature or otherwise attempting to cause harm to other Users and/or the Website;
  • 6. messages that may be qualified as harassment of any kind;
  • 7. messages containing inappropriate, provocative or unwelcome comments about another User's appearance. In the event that a Private Message containing such content is detected by Clozen, the Private Message and the User may be automatically blocked and/or hidden from the User to whom it was sent. The User who sent the blocked and/or hidden Private Message will be warned of their obligation to comply with the Terms and Conditions and informed that Clozen may take additional measures such as suspending the User's Account in case of further violations;

VII.2 Sharing of reviews between Users

A User is entitled to leave reviews on another User only if a Transaction has been completed between them. No consideration is given to Users or Clozen in exchange for their online reviews.

The evaluations of a User with regard to another User must always be fair and reflect reality. Lies and insults are prohibited.

Clozen does not verify the reviews before they are published by the Users.

If the evaluation received is abusive or does not conform to these Terms and Conditions, Users are entitled to inform Clozen. At the request of the Users, Clozen is authorized to remove from the Website all reviews that are in violation of the present Terms and Conditions or the rights of other Users, including reviews from Users who were not entitled to leave reviews according to these Terms and Conditions.

A negative evaluation by the Seller will be automatically generated by Clozen if the Article is not sent in time and the order is therefore cancelled.

A negative evaluation of the Buyer will automatically be generated by Clozen if the Article is not received or collected in time, the package / envelope must be returned to the Seller and the order is consequently cancelled.

Clozen, after having detected a User who has not respected the aforementioned rules applicable to evaluations, may use its right to block all or parts of the User's Account.

Visitors do not have the right to leave evaluations on Users.

VIII. Liability

VIII.1 All Visitors and Users are fully liable for all information they post on the Website and, where applicable, for the Items they offer, sell or transfer to other Users. Specifically, it is specified that when a User uploads Items to the relevant Catalogue, that User acknowledges and agrees that he or she is fully liable for the uploading of the Item to the relevant Catalogue, its description, confirmations, the accuracy of other information provided and communications with other Users (including Private Messages and reviews) and, in general, for Transactions with other Users and for any disputes arising therefrom (hereinafter, collectively, the "Content").

VIII.2 In this respect, Visitors and Users must comply with all applicable regulations. Users and Visitors must in particular refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or adding products that are counterfeit, (iii) incite offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality, (iv) communicate false information or confidential information, (v) make defamatory statements, (vi) commit acts that could endanger minors, (vii) publish personal data of other individuals or violate the rights to privacy or (viii) misappropriate someone else's identity.

VIII.3 In the event that the Content does not comply with the applicable regulations in accordance with Article 8.2 or, in general, in the event that a User or Visitor does not comply with these Terms and Conditions, each User or Visitor acknowledges and accepts that he/she is solely responsible for any direct or indirect damages that may result with respect to third parties or Clozen. Consequently, all Users or Visitors recognise and accept that Clozen does not verify the Content and, to the extent permitted by law, will not be held responsible for said damages or losses suffered by Users and/or third parties. In particular, without this list being exhaustive, Clozen cannot be held responsible for: (i) the actions or omissions of the Users and Visitors, (ii) the information posted on the Website by the Users and Visitors, their subjects, their accuracy, exhaustiveness and/or conformity with the applicable regulations or (iii) the quality and quantities of the Articles that the Users sell or purchase via the use of the Website, nor their conformity with the description given.

VIII.4 Clozen is not responsible for the Content put online by the Users. Users are responsible for the Content they put online. Clozen will remove User Content that has been duly notified and that violates applicable laws and/or Clozen's policies, i.e., all rules governing the use and operation of the Website. Clozen may take measures against the User, notably concerning the use of their Account, as outlined in Article 9 below.

If a User or a Visitor discovers Content condoning crimes against humanity, inciting racial hatred and/or violence, concerning child pornography or any other unlawful content, Clozen must be informed immediately:

  • 1. reporting the content via the « Report » button; or
  • 2. sending an email to support@clozen.ch; or
  • 3. sending a letter outlining the facts in detail to the following address K Marketplaces SA, La Pièce 1, 1180 Rolle (Switzerland).

If such Content is reported, Clozen will immediately, without notice, suspend the User's Account and delete the Content concerned. Clozen will suspend the current Transactions for the duration of the investigation.

If a User believes that a Content is likely to infringe upon these Terms and Conditions and/or their rights and/or the rights of a third party (for example, counterfeiting, insult, breach of privacy), Users can notify Clozen:

  • 1. reporting the content via the « Report » button; or
  • 2. sending an email to support@clozen.ch; or
  • 3. sending a letter outlining the facts in detail to the following address K Marketplaces SA, La Pièce 1, 1180 Rolle (Switzerland).

If such Content is reported, Clozen may take measures against the User, notably concerning the use of their Account. More generally, Users must refrain from putting any type of illicit, erroneous or inaccurate Content online.

VIII.5 Clozen is not responsible for any tax or reporting obligations that might arise to Users as a result of their activities on the Website. Within the framework of the Transactions made on the Website, the Users are solely responsible for any tax reporting duties, if any, under the applicable legislation.

VIII.6 The Seller is responsible for the timely and proper delivery of the Item to the Buyer in accordance with their agreement and the description of that Item. In any event, if a dispute arises between the Buyer and the Seller as to the delivery of the Article, the Seller must prove that the Article has been shipped (video, provision of a tracking number, invoice or document from the transport service). The Buyer must also prove that the Article has been received (video and possibly a document from the transport service).

VIII.7 The Seller shall be liable to the Buyer for any lack of conformity and hidden defects in the Article sold.

VIII.8 The Buyer is liable for the payment of the Article in due time as communicated by the Seller or according to the mutually agreed conditions, in accordance with the General Conditions.

VIII.9 The User understands and accepts that Clozen is not liable for any disputes arising between Buyers and Sellers, subject to the exceptions expressly stated in these general conditions. These disputes can be resolved in accordance with the applicable law, unless the parties have agreed that the law of another country applies.

VIII.10 Clozen cannot be held liable for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is the responsibility of the User to take all appropriate measures to protect their own data and/or software, notably from contamination by any viruses circulating on the Internet.

IX. Obligations of the user

IX.1 All Users undertake:

  • when registering on the Website, to provide truthful information about himself/herself, in particular his/her surname, first name, age, address, user name, and e-mail address;
  • to register on the Website only once and not to create more than one Account, except in the case where a User wishes to have a Personal Account and a Clozen Professional Account, but in this case the User cannot register using the same email address, and these Accounts must be clearly distinguished, i.e., the Personal Account cannot be used for commercial sales and vice versa;
  • not to use the Website and/or the Services with the intention to undertake unlawful or fraudulent actions or transactions;
  • when using the Website, to provide objective, correct, exhaustive and detailed information about the proposed sale;
  • to ensure that the price proposed for the sale of the Items, as well as the other information relating to the Item, is correct and complete;
  • not to copy any information appearing on the Website and put online by Clozen or another User of the Website, nor to make any unlawful use of it.

IX.2 Users and Visitors agree, when using the Website, to conform to the following rules:

  • not to use (including sharing and/or publishing) misleading or incorrect information and/or data;
  • not to use (in particular share and/or publish) photographs (i) for which the User concerned does not hold the intellectual property rights (in general, these are photographs found on the Internet), or (ii) which contain links to other Internet Websites;
  • not to use (in particular share and/or publish) photographs (i) in which persons other than the User concerned are visible, unless the other visible persons have given their consent to the publication of such photographs; or (ii) which are or are likely to be considered as photographs contrary to public decency and/or public order (for example erotic photographs, pornographic photographs or photographs showing violent content);
  • not to offer and/or sell and/or purchase and/or transfer Items in violation of third-party intellectual property rights, such as trademarks and/or other signs to the extent that they are protected by applicable law (such as company signs in certain jurisdictions) and/or patent rights and/or copyrights;
  • not to violate the rights of ownership and/or personal rights of third parties (including intellectual property rights);
  • not to violate applicable laws and/or regulations;
  • not to act in a manner contrary to public order and/or moral standards;
  • not to use (in particular share and/or publish) programs and/or computer files which contain viruses or which could (i) disrupt the normal operation of the Website and/or the Services, (ii) infect the User's computer and cause damage to the User or his/her property or (iii) prevent the User from using the Website, the Services or the User's computer;
  • not to offer and/or share and/or otherwise promote links to other Websites and/or companies that provide similar services to those offered on the Website.

IX.3 Users and Visitors undertake not to collect, aggregate, transmit to third parties, make public, publish or disclose data of the Users of the Website or data concerning the actions of the Users of the Website, including Transactions, their number, type, price, etc., if the data becomes available in an illegal manner or as a result of an unlawful action or omission.

Users and Visitors further undertake not to collect, aggregate, transmit to third parties, make public, publish or disclose the information contained on the Website, if such action may affect the rights of other Users. This restriction does not apply to the "share" function which exists on the Website and allows Users to share public information available on the Website, in Clozen's Social Network Accounts or in their own social network accounts, as well as to send such information to themselves or to other persons by email.

IX.4 Within the limits of applicable laws, Clozen is not responsible for the behaviour of a User when using the Website or the Services. In particular, Clozen is not responsible for the poor execution or non-execution of Transactions by Users.

IX.5 The User agrees to keep his login and password confidential from third parties, except for those persons who have been authorized by the User to use his login.

IX.6 The User undertakes to update, without delay, information on the Website that is no longer accurate due to changes in his or her data (in particular those provided at the time of registration on the Website), as well as information that is no longer accurate about the Items added to the Catalogue and their status.

IX.7 When using the Website, the User or Visitor confirms that:

  • (i) he/she is a natural person of at least 18 years of age (if not, registration must be done by the parent(s) or other legal representative in his/her place), (ii) he is using all the Services on the Website to satisfy his personal needs, not related to a professional activity, and (iii) he has full capacity and all rights to carry out Transactions on the Website;
  • that he accepts and complies with the Terms and Conditions and all other contractual documents as well as the other rules of the Website;
  • that he understands that he is fully responsible for the Transactions made;
  • that he understands that by ordering an Item he is committing to purchase and that failure to complete this Transaction may result in him being liable to reimburse the Seller for losses incurred;

X. Clozen's rights and obligations

X.1 Clozen may prohibit Users and Visitors from using the Website, in whole ("Total Blocking") or in part ("Partial Blocking") as detailed below, (indicating the reasons for this prohibition or limitation), namely by deleting Content posted on the Website, by cancelling the User's Account and preventing the User from re-registering on the Website or preventing the Visitor from visiting the Website, provided that Clozen sends prior notification to this User or Visitor, if he:

  • 1. provides incorrect, misleading and/or incomplete information according to the Terms and Conditions at the time of registration on the Website or use of the Website;
  • 2. deliberately and intentionally discloses incorrect information on the Website, insults other people or acts inappropriately;
  • 3. uses the identity of another User of the Website or otherwise acts unlawfully;
  • 4. connects from the same IP address or computer as the one that has been blocked due to violations;
  • 5. meets the eligibility criteria as a Professional Seller to be considered a Professional User and does not register as a Professional User or convert their existing User Account to a Professional User Account within 7 days of notification by Clozen. Clozen will notify the User by/or displaying a banner when the User connects to the Website and by sending a message to their Clozen inbox. Clozen will also notify the User by email if the User has accepted this means of communication in the parameters of their Account;
  • 6. has received at least three warnings from Clozen.

“Partial Blocking” means that the User will not be able to add Items to the Catalogue and/or communicate with other Users.

“Total Blocking” means that the User's Account will be blocked and/or cancelled, and that the ability to access the Website from the User's computer will be blocked. The User should be aware that after a “Total Blocking”, the User will not be allowed to re-register on the Website. In the event of the cancellation of the User's Account, Clozen may retain certain information, in accordance with Clozen's Privacy Policy, insofar as it may be necessary to reconstruct the circumstances in which Clozen took the decision to cancel the User's Account and to transfer this data to the competent institutions and authorities.

X.2 Clozen, after having been duly informed, will immediately delete all illicit Content. Clozen can, at any time, delete from the Website the Articles added by a User to the Catalogue or any other information provided by a User if these Articles or this information are contrary to the Terms and Conditions, the applicable regulations or are contrary to moral standards or public order.

X.3 Clozen can investigate any violation of the Terms and Conditions and inform the competent authorities.

X.4 Clozen may, at any time, reorganize the Catalogue, the advertising spaces or other information on the Articles, provided that these changes do not modify the Content provided by a User, in order to make the Website easier to use. Clozen may publish New Items at any time containing descriptions, instructions, rules or other information related to the purpose of the New Items.

X.5 Clozen may, at any time, publish on the Website news or other communications concerning short and long term offers, contests, games or promotions in accordance with Swiss law, to promote new Services or third-party goods or services. Special conditions may apply. Information about offers, contests, games or promotions that comply with national law will be provided on the Website. In the event of inconsistencies between the Terms and Conditions and the special conditions published on the Website applicable to Novelties, the latter will prevail.

X.6 Clozen may at any time terminate, suspend or transfer to a third party the operation of the Website, subject to notifying the Users of the Website and respecting a notice period of thirty (30) days.

X.7 Clozen reserves the right to delete a User account that has been inactive for 12 months. In the event that the Clozen Wallet has a positive balance, the User will have 7 days to transfer the balance to his bank account. After this period, Clozen reserves the right to dispose of these funds.

XI. Personal data protection

XI.1 Clozen's Privacy Policy defines the personal data of Users that is collected by Clozen and the purposes for which this data will be processed by Clozen. This policy is available here.

XI.2 The data provided to Clozen is deemed to be correct and true. When data of a User changes, the User must notify these changes without delay by modifying the information in his Account. Damage and non-conformity resulting from the provision of incorrect data is the sole responsibility of the User.

XII. General provisions

XII.1 These Terms and Conditions are governed by Swiss law.

XII.2 A User may terminate his relationship with Clozen at any time, with immediate effect, after having fulfilled all his obligations resulting from the Transactions that he has carried out prior to the termination of his relationship with Clozen. A User may terminate their relationship with Clozen by deleting their Account or by sending an email to Clozen.

XII.3 Clozen may terminate its relationship with a User by giving thirty (30) days notice in writing or by electronic means. In addition, Clozen may also terminate its relationship with a User with immediate effect in the event of a serious or repeated violation of these Terms and Conditions.

XII.4 Clozen holds all rights, notably intellectual property rights relative to the Website, in particular relative to its system (the Catalogue, its distribution, etc.), to the layout and design of the Website, to the software used by and for the Website, to the trademarks and domain names used by and for the Website.

XII.5 The posting of information or data, including photographs on the Website, i.e., "Content", means that the Users of the Website or Services hereby grant Clozen, without consideration, a non-exclusive license to use the Content throughout the world. Such license includes the right to use, copy, reproduce, display and adapt the Content. Clozen may use the Content in any medium known or unknown to date and in particular on television, in newspapers, on the Internet (in banners and Articles, on other Websites) and on social networks (Facebook, Twitter, Instagram, Pinterest, YouTube, Tik Tok, etc.), for operational, commercial, advertising and internal purposes of Clozen, which the Users accept. Users are exclusively responsible for the Content and confirm that they have all rights to the Content.

XII.6 All notifications, requests and other information exchanged between the User and Clozen will be sent to the User by email to the email address provided when registering on the Website.

XII.7 The Terms and Conditions do not have the effect of creating a partnership between Clozen and the Users (whatever its legal form), a relationship governed by labor law, a contract of mandate, or a franchise contract.

XII.8 Clozen may, subject to applicable data protection laws, transfer or assign all or part of its activities within the framework of its contractual relationship with the Users.

XII.9 Clozen may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a branch of activity, a merger through the formation of a new company, a takeover, a de-merger or any change of control affecting Clozen provided that this does not reduce the protection of the rights of the Consumer. Such a transfer/assignment releases Clozen from all obligations as operator of the Website, notably towards its Users and Visitors for the future. In the event of the transfer and/or assignment of these rights and obligations which are attached to the present Terms and Conditions to third parties, the User has the right to immediately terminate their relationship with Clozen and close their Account. Users may not transfer or assign any or all of their rights and obligations arising from these Terms and Conditions.

XII.10 If any provision of these Terms and Conditions is invalid, the Terms and Conditions themselves, as well as the other provisions of these Terms and Conditions, shall nevertheless remain valid. If necessary, the invalid provision shall be replaced by a provision which corresponds to the meaning and purpose of these Terms and Conditions and which is itself valid. In the event of a gap, the gap must be filled in by agreement between the parties or by the competent court in accordance with the intended purpose. In addition, and for matters not expressly provided for in these Terms and Conditions, reference is made to the applicable legal provisions and practices.

XII.11 These Terms and Conditions are subject to Swiss law, to the exclusion of the rules of private international law.

XII.12 Any dispute or objection relating to these Terms and Conditions, in particular with regard to their interpretation or execution, shall be submitted to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland, subject to appeal to the Swiss Federal Court..

Version : 1 January 2024 – K Marketplaces SA

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