Terms and conditions.
Updated 31 October 2020
All sales made on the websites www.downtownuptowngeneve.com www.uptowngeneve.ch, www.uptowngeneve.com, www.downtowngeneve.ch or www.downtowngeneve.com – all websites owned by DOWNTOWN UPTOWN Sàrl – are made under the general terms and conditions below. As such, the creation of an account on the above named websites to purchase from the above named websites of DOWNTOWN UPTOWN Sàrl, automatically involves the buyer’s acknowledgement and agreement to the terms and conditions.
Terms & Conditions
1. DOWNTOWN UPTOWN Sàrl is not affiliated with any manufacturer or brand owner company of the second-hand items we offer for sale online or in store.
2. Merchandise for sale
DOWNTOWN UPTOWN Sàrl offers for sale luxury and quality second-hand products. The items offered for sale on the aforementioned websites are sold by DOWNTOWN UPTOWN Sàrl on behalf of the contracted owner of the item.
The items are available for sale in the store at 32 rue de Monthoux, 1201 Geneva, Switzerland, as well as online. Thus, DOWNTOWN UPTOWN Sàrl is not reliable for the delay between any sale in the store and removing the item from sale online on the websites within a reasonable time. Should the buyer purchase an item online simultaneously to the item being sold in the store, DOWNTOWN UPTOWN Sàrl will refund the online buyer in full.
We reserve the right to occasionally have some items on sale on the online shop for the benefit of our international customers, but not on sale in the physical boutique. Customers can always buy the sale items online.
DOWNTOWN UPTOWN Sàrl does not sell copies, replicas nor counterfeit goods.
DOWNTOWN UPTOWN Sàrl does not support counterfeit goods in any way and will report any counterfeit items to the police.
3. Condition of Merchandise
DOWNTOWN UPTOWN Sàrl inspects each item for its condition and authenticity before offering them for sale. .
In the description of each product, DOWNTOWN UPTOWN Sàrl will specify the general conditions of the item (required disclosure of prior use).
The main characteristics of the products for sale are shown in detail with photos and descriptions. The products offered for sale MAY NOT correspond to the real items in terms of image and colour because of the calibration of the device of the viewer (internet browser or application on mobile or portable device). We aim to represent as close as possible to reality the product. However, DOWNTOWN UPTOWN Sàrl disclaims all responsibility.
Please be aware that luxury consignment second-hand items may be delicate and may not be as resilient as a brand-new item.
We do not accept, nor put on sale, any items that have smoke, pet or musty odor. Please note that some vintage items – in particular fur or skins – may have a slight odor of the material, which is normal. DOWNTOWN UPTOWN is not responsible for any odors that infiltrate the product during transit.
DOWNTOWN UPTOWN Sàrl is a reseller of authentic luxury consignment & second-hand merchandise. We are not an authorised dealer and are not affiliated with the brands we sell on our site. Store-new designer items are only available from an authorised dealer or the actual store. Once the item leaves the authorised dealer with a customer, the item is considered pre-owned. However, items can be pre-owned and in new condition – that is, never used by the owner. Below are the definitions of the descriptions we use.
a) NEW (10/10): in new condition, that is, never used. This means the item may have been purchased from an authorised dealer or a store and never used/worn. “New” items may also be “pre-owned”, that is, purchased by one of our consignors and never used. These items may have minor signs of handling – as would any item available at an authorised dealer or boutique – given that customers would reasonably handle an item when trying it on or examining it for purchase.
b) USED: the item has been carried or worn and may be in any of the conditions described below.
- MINT (9.9/10): Like new, but tags/protective covering, box or dustbag may be missing.
- Near MINT (9.8/10): Appears to have been used only a few times and is nearly new in condition. May have very slight signs of having been used upon close inspection.
- EXCELLENT (9 to 9.8/10): Used and in excellent condition. There may be faint signs of wear, slight scratches, marks or nicks which are not particularly noticeable and will not affect the use or wear of the item. The descriptions and photographs of the item will clearly indicate the condition of the item.
- VERY GOOD (8 to 8.9/10): Gently used, with slightly more noticeable signs of wear, scratches, or marks. These will not affect the wear or use of the item. The descriptions and photographs of the item will clearly indicate the condition of the item.
- GOOD (7 to 7.9/10): In used condition, with obvious marks/wear or stains. However, some items, such as collector luxury items, may have a high value even when used, as they are rare. DOWNTOWN UPTOWN Sàrl will only sell items in good used condition if they are rare or collector items. The descriptions and photographs of the item will clearly indicate the condition of the item.
- FAIR (below 7/10): rarely on our website, a vintage or collector item that we feel may be of interest to our customers, but has major faults/wear. This could be holes, stains, tears or parts missing which are clearly indicated in the description of the article and the photos.
4. Product Descriptions
The products featured on the web site are shown as accurately as possible, using a large array of unaltered photographs and detailed descriptions. DOWNTOWN UPTOWN Sàrl’s examination and assessment of merchandise is conducted with great attention to detail. DOWNTOWN UPTOWN Sàrl’s expertise and product knowledge comes from many years of experience with authentic designer and vintage items. DOWNTOWN UPTOWN Sàrl may not warrant that the information on this site will always be fully accurate, complete or current. Any errors are unintentional and may be caused by circumstances beyond our control. It is the responsibility of the customer to check the item and its condition at the store.
Colours of items (in particular blue/green) may appear differently depending on the computer/phone or ipad screen. We take all reasonable care to portray the item in the correct colour, but we are not responsible for any differences in interpretation of colour.
DOWNTOWN UPTOWN Sàrl uses French European standard sizing and the metric (cm) system. However, please note that brands have different standards with regards to the sizing of garments and shoes. DOWNTOWN UPTOWN Sàrl will provide detailed measurements on the website product description to help gauge the fit of an item.
It is however the responsibility of the buyer to check the measurements provided. DOWNTOWN UPTOWN Sàrl is not responsible if a garment or pair of shoes do not fit perfectly, or if a bag handle/strap length or size does not match the buyer’s interpretation.
6. Sales and returns policy
All items are sold “as is”.
We do not allow returns or exchanges on items and no provisions are made for buyer’s remorse or fraudulent use of your credit card. As items belong to individual sellers, the EU regulation does not apply. Please note that Switzerland is outside the EU, thus only Swiss law applies. All sales are final.
Should DOWNTOWN UPTOWN Genève exceptionally agree to a return or refund, the refund will be minus the charges incurred for shipping, insurance, customs, tax (either for export or re-import or both) and any other fees to send the item or have it returned, as well as an administrative charge of 10 percent of the value of the item.
7. Warranties and Liabilities
DOWNTOWN UPTOWN Sàrl declines all responsibility and cannot be held liable for any damages caused by the use of a specific item.
DOWNTOWN UPTOWN Sàrl cannot be held responsible for the quality of an item of any second-hand item (we are not the manufacturer) or any damages resulting from a manufacturing defect. No warranties of any kind are given or implied.
DOWNTOWN UPTOWN Sàrl does not make any allowances or price reductions to the customer for unreasonable expectations in the condition of our items. In case of any doubt, the customer must visit our store at 32 rue de Monthoux, 1201 Geneva, Switzerland, to inspect the item at the store before the sale. The items are sold “as is”; no returns or exchanges of items is possible.
The risks of the item are transferred to the customer as soon as the item is handed over to the carrier; DOWNTOWN UPTOWN Sàrl is not responsible for any damages or loss of the item during transit.
In any event, any possible responsibility of DOWNTOWN UPTOWN Sàrl shall not exceed the purchase price of the concerned item.
8. Technology Indemnification
DOWNTOWN UPTOWN Sàrl does not warrant that the function or operation of this web site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties or title or implied warranties of merchantability or fitness for a particular purpose.
As a visitor to and a user of this web site, the user agrees that access and use of this web site is undertaken at their own risk. DOWNTOWN UPTOWN Sàrl shall not be liable for damages of any kind related to use of, or inability to, access this site, even if DOWNTOWN UPTOWN Sàrl knew or should have known of the potential for such damages.
Payment is possible by credit card (Visa, MasterCard, AMEX via Stripe), Apple Pay, Google Pay, or bank transfer. Payment must occur before delivery of the item. Payment must be made in Swiss francs (CHF).
Our website is SSL encrypted and secure.
DOWNTOWN UPTOWN Sàrl uses Postfinance-Sellxed and Stripe to process payments. The security of payments is in accordance with these companies’ policies, and DOWNTOWN UPTOWN Sàrl has chosen these companies due to their sound security policy.
10. Customer Data Protection
DOWNTOWN UPTOWN Sàrl shall comply with all its obligations under the Swiss DPA and the EU General Data Protection Regulation (GDPR).
DOWNTOWN UPTOWN Sàrl shall only process, use or disclose customer personal data:
(a) strictly for the purposes of fulfilling its obligations and providing the services required by the customer;
(b) with the customer’s prior written consent; or
(c) when required by law or an order of court, but shall notify the customer as soon as practicable before complying with such law or order of court.
DOWNTOWN UPTOWN Sàrl shall not transfer customer personal data to a place outside Switzerland without the customer’s prior consent (except as for the payment details shared with credit card companies, bank companies or Postfinance).
DOWNTOWN UPTOWN Sàrl does not sell nor release information to anyone about visitors to this site, customers or consignors without prior consent or a court order.
DOWNTOWN UPTOWN Sàrl shall not retain customer personal data (or any documents or records containing customer personal data, electronic or otherwise) for any period of time longer than necessary to fulfil its obligations and provide the services required by the customer.
DOWNTOWN UPTOWN Sàrl shall protect customer personal data in the contractor’s control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of customer personal data, or other similar risks.
All prices shown are in CHF (Swiss Francs) with Swiss tax (7.7%). See “12. Shipping and delivery” for more information if buying from outside of Switzerland.
Shipping, bank, credit card and transaction fees are added at the checkout.
12. Shipping and delivery
By placing an order, the customer submits an offer to DOWNTOWN UPTOWN Sàrl in order to purchase an item. Receipt of the order will be confirmed to the customer by e-mail. This confirmation constitutes the acceptance of the order.
Any order is delivered to the address given by the customer, unless otherwise agreed. The customer bears the risk over the goods upon their receipt by the carrier. The customer must inspect the item prior to signing the package delivery of the carrier, should they wish dispute that the goods are damaged in transit. Any dispute of damage in transit will be between the buyer and the courier and is not the responsibility of DOWNTOWN UPTOWN Sàrl.
At checkout, the “standard shipping” fee includes shipping and tracking via Swiss Post for low value items and with DHL for high value items. Should you wish speedy delivery with full signature guarantee & insurance, please select DHL at checkout.
If the buyer is having the product delivered in Switzerland, the price will include Swiss tax (7.7%).
If the buyer is having the product delivered outside Switzerland, the Swiss tax is removed and the customer may be subject to import duties or taxes upon arrival of the item in his country. This is based on the declared value of the item (the price you paid minus standard shipping costs). We cannot mis-declare the value of the item. The customer also bears all additional charges of customs clearance.
As this differs for each country, we recommend that you check with your country’s customs and border authority for an estimation. Please note that some authorities will not give an estimation until the package has passed customs in the country of delivery.
You can also use this quick guide for an estimation https://www.simplyduty.com/#calc
A list of VAT/GST per country is here: https://en.wikipedia.org/wiki/List_of_countries_by_tax_rates
(DOWNTOWN UPTOWN SARL assumes no responsibility for correctness of information from these external websites).
13. Swiss Law and jurisdiction
This agreement shall be exclusively governed by Swiss law (Switzerland is not part of the EU), the exclusive venue (with exclusion of any other venue) being the ordinary courts in the Canton of Geneva (subject to remedies to the Federal Court); DOWNTOWN UPTOWN Sàrl reserves its right to proceed against the counterparty in any other venue convenient.