Preamble
Green Choice Co. Sàrl (hereinafter “Green Choice Co.”), with its registered office in Geneva (CHE-353.681.084 – Switzerland), promotes responsible and sustainable consumption by offering its users concrete alternatives to the purchase of new products.
In this context, Green Choice Co. provides an online platform (hereinafter the “Platform”) designed to connect professionals (hereinafter “Professionals”) and private individuals (hereinafter “Private Sellers”) offering second-life products for sale.
Green Choice Co. acts solely as a technical hosting intermediary. The Platform only allows the reservation of items; payment and collection are carried out directly between users, outside the Platform. Green Choice Co. is not a party to the sales contracts concluded between users and shall not be held liable for the products or services offered, nor for their conformity, quality, safety, authenticity, collection or delivery, whether offered by Professionals or Private Sellers, which the user expressly acknowledges.
Définitions
- User: means any natural person aged at least 18 years or any legal entity using the Platform. A User may be a Private Seller or a Professional and may act as a Buyer, a Seller, or both. The User must hold a user account, have full legal capacity to enter into transactions, and accept these Terms and Conditions without reservation.
- Buyer: means any natural person aged at least 18 years or any legal entity who reserves one or more items via the Platform with a view to collection and payment outside the Platform.
- Professional: means any natural person carrying out an independent commercial activity, whether or not registered in the Commercial Register, as well as any legal entity (Ltd, SA, association, etc.) offering products for sale on the Platform in the course of its economic activity.
- Private Seller: means any adult natural person acting in a private capacity, outside the scope of any regular commercial or professional activity, who offers for sale items originating from their own use or consumption. A Private Seller sells occasionally and not as a primary profit-making activity.
- Seller: means any adult natural person or any legal entity offering one or more items for sale on the Platform. A Seller may be a Private Seller acting on an occasional and non-professional basis, or a Professional registered in the Commercial Register.
- Terms and Conditions (T&C): means these Terms and Conditions governing the relationship between the Users of the Platform and the Platform itself.
- Product Listing: means the descriptive page of an item offered for sale, completed by the Seller (Professional or Private Seller).
- Seller Profile: means the profile page of the Seller, whether Professional or Private Seller, completed by the Seller and accessible to other Users.
- Platform: means the Green Choice Co. website, hosted by Infomaniak Network SA, which enables the connection between Buyers and Sellers.
- Products or Items: means the tangible goods offered for sale on the Platform.
- Second-Life Product: means any tangible good that has already been marketed, used, displayed or refurbished prior to being offered for sale on the Platform. This category includes, in particular, second-hand, refurbished, repaired, returned, end-of-series or display items.
Scope of the terms and conditions
These Terms and Conditions of Use (T&Cs) are intended to define the terms governing the use of the Green Choice Co. Platform, as well as the respective rights and obligations of its users – Buyers, Sellers and community members.
- The provisions of these Terms and Conditions of Use (T&Cs) apply to all reservations made on the Platform.
- Acceptance of these Terms and Conditions is mandatory for the creation of a user account on the Platform. By creating a user account, the User fully and unconditionally accepts these Terms and Conditions. Acceptance of these Terms and Conditions of Use is materialised by ticking a checkbox during the registration process. Registration on the Platform cannot be completed without full and unconditional acceptance of these Terms and Conditions.
- For any purchase or sale of products requiring a minimum age of 18 years, the User confirms, at the time of making a reservation or using the Platform, that they comply with these legal requirements.
Users may also find useful and important information in our FAQ section. If you do not find the information you are looking for in the FAQs, please do not hesitate to contact us.
Territorial scope
The use of the Green Choice Co. platform is currently reserved for users domiciled in Switzerland as well as users domiciled in the cross-border areas of Greater Geneva.
Reservations may be made between sellers and buyers domiciled in Switzerland or in the cross-border areas of Greater Geneva, provided that the collection of the items takes place locally.
The platform operates exclusively in Swiss francs (CHF). Users domiciled outside Switzerland are solely responsible for complying with their tax and legal obligations in their country of residence.
Role and responsabilites of the parties
Role of Green Choice Co.
Green Choice Co. acts as a technical intermediary providing an online platform designed to connect Buyers and Sellers. It hosts listings and enables online reservations of items but does not intervene in the sale itself. The Platform does not provide any payment, delivery, warranty or refund services.
Sales contracts are concluded directly between Sellers and Buyers, under their sole responsibility. Green Choice Co. is neither the owner, supplier nor distributor of the products offered on the Platform. Green Choice Co. does not guarantee the conformity, availability, delivery or collection of the items and shall not be held liable in the event of disputes between users, loss of data, or temporary technical malfunction of the Platform, including service interruptions, maintenance operations or restricted access due to technical or security reasons.
Green Choice Co. shall not be held liable for: reservation errors, exchanges of information between users, missed appointments, or the lack of response from either the Buyer or the Seller.
As meetings, collections and payments are carried out directly between users, outside the Platform, Green Choice Co. shall not be held liable for any incident, damage, loss, theft, inappropriate behaviour or dispute occurring during exchanges or item handovers.
To the extent permitted by applicable law, Green Choice Co. shall not be liable for indirect, consequential or non-material damages, including but not limited to loss of revenue, loss of opportunity or damage to reputation resulting from the use of the Platform.
Nothing in these Terms and Conditions shall exclude or limit Green Choice Co.’s liability in cases of wilful misconduct or gross negligence, nor any liability that cannot be excluded under mandatory applicable law.
Responsabilities of sellers
All Sellers, whether Private Sellers or Professionals, are solely responsible for completing their Seller Profile, Product Listings and setting prices. As such, they are solely responsible for the information contained in their Seller Profile, Product Listings and for the accuracy and full conformity of the product description.
Buyers have access to all Seller Profiles (Private Sellers and Professionals) available on Green Choice Co. and may consult them prior to making any reservation.
Responsabilities of buyers
Buyers undertake to use the Platform in a fair and lawful manner consistent with its intended purpose. They are responsible for verifying the information contained in the Product Listings prior to making any reservation and for ensuring that the item meets their expectations.
Buyers undertake to provide accurate and complete information when creating their account and when making each reservation. They also undertake to communicate respectfully and courteously with Sellers and other users.
Green Choice Co. shall not be held liable for: reservation errors, exchanges of information between users, missed appointments, or the lack of response from either the Buyer or the Seller..
Creation and management of the user account
Account creation
In order to make reservations on the Platform, the User must first register by creating a user account. During the initial registration, the User must provide their first name, last name, email address and password. This registration enables the User to make reservations on the Platform.
In order to publish items for sale, the User must then activate a Seller account from their profile page.
Each User may hold only one personal account on the Platform. Green Choice Co. reserves the right to suspend or delete any duplicate or suspicious account.
The User is responsible for the information provided during registration and undertakes to supply accurate, complete and up-to-date data. At the request of Green Choice Co., the User may be required to confirm their identity or provide supporting documents relating to their account. In the event of incomplete or inaccurate information, Green Choice Co. reserves the right to block or deactivate the relevant account.
Personal data collected during account creation is processed in accordance with the Privacy Policy available on the Platform. Green Choice Co. undertakes not to sell or transfer such data to unauthorised third parties. However, the User acknowledges that, despite all security measures implemented, no system is entirely protected against cyberattacks. Users are therefore encouraged to exercise caution regarding the personal information they choose to share.
Use of provided information
In order to fulfil our obligations and exercise our rights under these Terms and Conditions, and to provide the services described herein, we process your personal data. Please refer to our Privacy Policy for further information on how we collect, store, use and protect your personal data.
User obligations and prohibitions
Green Choice Co. is committed to providing all Users with a secure and reliable environment when using the Platform. In order to contribute to a safe space and ensure quality reservations and interactions, each User undertakes to comply with these Terms and Conditions as well as with all applicable laws.
The User undertakes to provide truthful, accurate and up-to-date information regarding their identity and to update such information without delay in the event of any change. The User must ensure the confidentiality of their login credentials and immediately inform the Platform in case of suspected unauthorised use by a third party. The User is solely responsible for the information, photographs and other content they publish on the Platform and guarantees that they hold all necessary rights to such content.
The User is prohibited from engaging in any illegal activity, unethical conduct, or behaviour that may endanger public safety, infringe the rights of others or compromise the integrity of the Platform. In particular, it is strictly prohibited to publish any content inciting hatred, discrimination, violence, racism, terrorism or any other unlawful or immoral conduct.
Blocking and Deletion of a User Account by the Platform
If a User engages in conduct contrary to these Terms and Conditions, applicable laws, or likely to harm other Users or the proper functioning of the Platform, Green Choice Co. reserves the right to take any appropriate measure.
Depending on the seriousness of the facts, the Platform may issue a warning to the User concerned, remove or modify a listing, temporarily restrict access to certain account features, or report the activity to the competent authorities in cases involving threats to life, safety or the rights of others.
In the event of repeated non-compliance or serious breach of these Terms and Conditions, Green Choice Co. may block or permanently delete the relevant User account. Any measure taken shall be proportionate to the seriousness of the violation and shall take into account the User’s interests. However, the Platform reserves the right to act without prior notice where circumstances require, in particular in cases of fraud, security risks or manifest emergency.
Account deletion by the user
The User may request the deletion of their account at any time by contacting Green Choice Co. via the contact form available on the Platform. Account deletion is complete and final once validated by the Platform, subject to any legal data retention obligations.
The Platform reserves the right to terminate these Terms and Conditions at any time and for any reason. These Terms and Conditions shall continue to apply to ongoing reservations and to any legal obligations related to the use of the Platform (e.g., retention of certain data where required by law).
Any account deletion, whether requested by the User or decided by the Platform, shall not affect existing legal obligations (in particular regarding payments or ongoing disputes).
Communication nand published content
Sending messages
Users may communicate with each other via the private messaging system integrated into the Platform. Messages exchanged must exclusively relate to the item concerned and to the proper execution of the corresponding reservation.
It is strictly prohibited to use the messaging system for any other purpose, including but not limited to sending advertisements, unsolicited or bulk messages, or content that may be considered unlawful, obscene, defamatory, harmful, unethical, contrary to public safety, or incompatible with the interests of Green Choice Co. and its users.
Reviews and ratings
Once a reservation has been completed, the Buyer may write and publish a review relating to the reservation and their experience with the Seller. Reviews must be sincere, factual and respectful.
Green Choice Co. reserves the right to moderate, hide or remove any review that violates these Terms and Conditions, applicable law or standards of courtesy, including insulting, defamatory, discriminatory or manifestly false statements.
Reviews are published under the sole responsibility of their author and are not subject to prior verification by the Platform before being published online.
Product reservAtion
How It Works
- The Buyer adds one or more items offered by the same Seller to their cart.
- The Buyer confirms the reservation without online payment.
- All concerned items are marked as “Reserved” and become temporarily unavailable to other users.
- The Seller is notified of the reservation. The seller is informed of the reservation by notification. In order to enable the organization of the pickup, the address provided by the seller in their seller account is transmitted to the buyer in the reservation confirmation email. This address is not made public on the platform.
- The parties agree on the practical arrangements for collection (appointment or in-store pickup).
Collection deadlines
The Buyer has a limited period to collect the reserved items:
- 2 calendar days when the Seller is a private individual;
- 2 working days when the Seller is a professional.
During this period, the items remain blocked and unavailable to other users.
If the items are not collected within the specified period, and in the absence of validation as “Paid and collected” by the Seller, the reservation automatically expires and all concerned items are made available again on the Platform.
Handover and Payment
The handover of the items and the payment take place directly between the Buyer and the Seller at the time of collection.
Payment covers all reserved items. Green Choice Co. does not intervene in the financial transaction and does not collect any payment.
Validation or cancellation
- If the items are collected, the Seller updates the reservation status to “Paid and collected.”
- If the reservation is cancelled by either party or expires after the deadline, all concerned items are automatically made available again.
The Platform does not allow partial validation of a multi-item reservation. Any modification (renouncing one item, price adjustment, etc.) must be agreed directly between the parties before final collection.
Repeated, abusive or unfulfilled reservations may result in account limitation, suspension or deletion.
Nature of the reservation
A reservation made on the Platform constitutes only a temporary hold of the item in favour of the Buyer. It does not constitute a binding purchase commitment and does not amount to the conclusion of a sales contract.
The sales contract is formed exclusively at the moment of payment and effective handover of the item between the Buyer and the Seller.
Until that stage, either party may cancel the reservation in accordance with these Terms and Conditions.
Reserving multiple items from the same seller
The Platform allows a Buyer to reserve multiple items within a single reservation, provided that these items come from the same Seller (private individual or professional).
It is not possible to combine items from different Sellers within one reservation. If the Buyer wishes to reserve items from several Sellers, they must make a separate reservation for each Seller.
Condition of items and transparency
A second-hand item is clearly distinguishable from a new product. You purchase a new item when you are the first consumer to own it. If you acquire an item that has previously been owned by at least one person, it is considered a second-hand good, regardless of its condition.
A refurbished item is also a second-hand product that has been checked and repaired if necessary before being resold.
To qualify as refurbished, the product must have undergone testing covering all its functionalities to ensure compliance with legal safety requirements and the legitimate expectations of use by the consumer. Where necessary, the product has been repaired to be fully functional. This intervention includes the deletion of all data recorded or stored in connection with previous use or a previous user before the product changes ownership.
The expressions “new condition”, “like new”, “as new” or any equivalent wording may not be used for a product described as “refurbished” or accompanied by the term “refurbished.”
Product listing and seller obligations
Each product offered for sale must include one or more photographs, technical specifications and a description of its current condition, including all defects. This constitutes the product listing.
Professional sellers and private individuals undertake to provide as much information as possible about the product in order to ensure maximum transparency and enable an informed decision by the customer. The product description must be accurate, complete and honest and must include all defects.
The information provided in the product listing is the sole and exclusive responsibility of the Seller. The Seller guarantees that they hold all necessary rights to the images and content published and shall indemnify Green Choice Co. against any third-party claims relating to such content.
Green Choice Co. reserves the right, at its sole discretion, to refuse, modify, hide or remove any listing that does not comply with these Terms and Conditions, the law or the Platform’s rules.
Green Choice Co. cannot under any circumstances be held responsible for the content, accuracy or legality of product listings published by Sellers.
Prohibited items
It is strictly prohibited to sell illegal items, items contrary to ethical standards or not compliant with applicable laws, or items that may be dangerous or unhygienic. This includes, but is not limited to, counterfeit products, firearms, explosives, illegal drugs or substances, prescription medicines, as well as any content that is offensive, discriminatory or pornographic. The sale of live animals, lottery tickets, food and beverages is also prohibited. Any breach of these rules may result in the immediate removal of the concerned listings and permanent deletion of the Seller’s account. Green Choice Co. does not accept the sale of products withdrawn from the market for safety reasons, stolen goods or items of uncertain origin. Green Choice Co. reserves the right to report any suspicious or illegal listing to the competent authorities.
Listing an item for sale
A Seller may be either a professional or a private individual. Users can distinguish between them by the name, logo or photo displayed on each product listing. The Seller must hold ownership rights or legitimate rights of use allowing them to transfer ownership of an item to a Buyer. The item for sale may not be a product purchased in bulk or via “dropshipping” with low resale value. To list an item on the Platform, the Seller must take one or more photographs of the item and write a description accurately reflecting its condition and appearance (including any defects or alterations). Neither the photographs nor the description may be taken from the internet unless the product is new and sold by a professional (notably end-of-series, end-of-collection, etc.).
Once the item is visible on the Platform, this constitutes a formal offer for sale that may be accepted by a Buyer. It is possible to withdraw a listing at any time before a User makes a reservation. If you are a private Seller, your listing will display your price. If you are a professional Seller, your listing will display your price inclusive of VAT.
Condition of the item for sale
All defects and particularities of an item must be stated in the description. Indicating the condition of each item enables Buyers to filter listings more easily. The available condition categories are:
- Never used: the item has never been used and has no defects. It may or may not have its original tag or packaging.
- Very good condition: the item has been used a few times but remains in excellent condition. It may show minor and superficial signs of wear but functions perfectly without major defects.
- Good condition: the item has been used and may show visible signs of wear but remains in good working condition.
- Fair condition: the item has been used many times and shows obvious signs of wear or defects but remains functional.
Reserved for professionals:
- New: reserved exclusively for new items sold by professionals where the Buyer will be the first owner. These typically include end-of-series, end-of-collection or items with damaged packaging. Each professional Seller has their own sales conditions (for example, they may sell end-of-series items without warranty, return or exchange).
If the Seller is unsure which condition to select, it is recommended to choose the lower condition category.
A second-hand item is clearly distinguishable from a new item. A User purchases a new item when they are its first owner. If the Buyer acquires an item that has previously been owned by at least one person, it is considered second-hand, regardless of its condition. For this reason, the terms “new” or “like new” will not appear on listings from private individuals. The item may never have been used but still remains a second-hand good, and therefore the condition “Never used” is applied.
A refurbished item is also a second-hand item that has been checked, tested and repaired if necessary before being resold.
The condition “New” is therefore reserved exclusively for new items sold by professionals for which you will be the first owner as a consumer.
Suspicions of counterfeiting and authenticity of items
Green Choice Co. does not perform any prior control of the items published on the Platform and is not authorised to verify the authenticity of products offered by Sellers.
It is the sole responsibility of the Buyer to inspect the item on site, prior to any payment, and to ensure its authenticity, origin and conformity with the description. The Buyer is free to request any supporting document deemed necessary (invoice, certificate, serial number, etc.).
Green Choice Co. shall under no circumstances be held liable for the sale of a counterfeit item, the transmission of falsified documents, inaccurate information or any misleading element provided by a Seller.
In the event of a report concerning a suspected item, the Platform reserves the right to remove or suspend the listing concerned, without this implying any acknowledgement or legal qualification of counterfeiting.
Prices
The prices of items are freely determined by the Sellers, whether private individuals or professionals. Green Choice Co. does not intervene in any way in the determination, modification or negotiation of prices displayed on the Platform.
For sales between private individuals, prices are displayed without tax, as private individuals do not act within the framework of an activity subject to VAT.
For sales carried out by professionals, prices are displayed inclusive of all taxes (VAT included), where applicable.
Green Choice Co. cannot be held liable for pricing errors, tax omissions or inaccurate information provided by the Seller.
Greeen Choice Co. Badge
Green Choice Co. provides professional Sellers with a visual badge intended to indicate their presence on the Platform and to signal that they offer second-life items via Green Choice Co.
This badge constitutes solely a sign of membership of the Platform and a commercial visibility tool. It informs customers that they can find a selection of circular or second-life products from that Seller on the Green Choice Co. website.
The badge does not constitute in any way:
- an official certification;
- a quality guarantee;
- an environmental validation;
- an institutional recognition;
- nor a control of the Seller’s commercial or circular practices.
Green Choice Co. does not conduct audits, systematic verifications or evaluations of the practices of Sellers displaying the badge.
The Seller remains solely responsible for the products offered, the information communicated and their commercial practices.
Green Choice Co. reserves the right to withdraw the authorisation to use the badge at any time, in particular in the event of non-compliance with these Terms and Conditions, misuse of the badge or damage to the image of the Platform.
The badge may only be used within the framework defined by Green Choice Co. and may not be modified, diverted or used for purposes other than identifying the Seller as an active member of the Platform.
Personal data and cookies
Green Choice Co. attaches the utmost importance to the protection of users’ personal data and acts in compliance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the European Union General Data Protection Regulation (GDPR).
Personal information collected when creating an account, using the Platform or managing reservations is used exclusively to ensure the technical and administrative functioning of the website; manage user accounts; facilitate reservations between users; ensure platform security and prevent abuse; improve the services offered; and communicate with users in the context of customer support.
Data is never sold or transferred to unauthorised third parties. Certain information may be shared with our partners such as our hosting provider or technical service providers necessary for the operation of the website, and always in compliance with legal security and confidentiality requirements.
In accordance with applicable legislation, each user has the right to access, rectify, delete, object to and request portability of their data. Any request may be submitted via the contact form available on the Platform.
Green Choice Co. also uses technical, functional and analytical cookies in order to ensure proper functioning of the website, facilitate navigation and improve user experience. Users may manage or disable cookies at any time via their browser settings; however, certain features of the website may then become unavailable.
All information relating to the management, retention and deletion of personal data is detailed in the Privacy Policy available on the Platform. By using the Platform, the User acknowledges having read the Privacy Policy, which details the methods of collection and processing of personal data.
Intellectual property
All elements composing the Green Choice Co. Platform, including but not limited to texts, logos, trademarks, company names, graphics, visuals, interfaces, content and source code, are protected by intellectual property law.
Any reproduction, representation, modification, distribution or exploitation, in whole or in part, without prior written authorisation from Green Choice Co. is strictly prohibited.
The trademarks and logos displayed on the Platform, including “Green Choice Co.”, are the exclusive property of the company.
Modifications of the terms and conditions
Green Choice Co. reserves the right to modify or adapt these Terms and Conditions of Use (T&Cs) at any time, in particular to comply with legal, regulatory, technical or organisational developments.
The version of the T&Cs in force at the time of use of the Platform shall apply. It may not be unilaterally modified for reservations already confirmed if such modification substantially reduces rights, subject to mandatory legal provisions.
Any new version of the T&Cs shall enter into force upon its publication on the Platform, unless otherwise stated. Users are invited to consult this page regularly in order to stay informed of any updates.
In the event of a substantial modification affecting users’ rights or obligations, users will be informed by email or notification on the Platform prior to the entry into force of the new provisions.
Continued use of the Platform after publication or notification of a new version of the T&Cs constitutes full acceptance of such modifications.
Force Majeure
In the event of technical failure, natural disaster, strike or any unforeseeable event, Green Choice Co. shall not be held liable for service interruptions. Such events constitute force majeure under Swiss case law and temporarily suspend the Platform’s obligations without giving rise to any right to compensation.
Governing law and jurisdiction
These Terms and Conditions are governed by Swiss law, to the exclusion of private international law provisions insofar as they would exclude the application of Swiss law.
Any dispute relating to the interpretation or performance of these Terms shall be submitted to the competent courts of the Canton of Geneva, subject to mandatory legal provisions.