Sellers' rules - Sales

Welcome to Mimelis! It is with great pleasure that we welcome you to our platform (“Platform”) to promote your business and sell your products. Thank you for using Mimelis to promote the direct sale of Swiss producers and artisans! Below is how our platform works (“Platform”) and our rules for sellers, which we will call the “Seller Rules”. These rules form part of our Terms of Use. When you create a seller account, you agree to these rules and our Terms of Service.

1. Join Mimelis

1. Switzerland is full of artisans and producers who cultivate, manufacture and make fabulous products. At Mimelis we dream that all these products become easily accessible to Consumers who are looking for them so much. We have decided to focus on highlighting products available for direct sale. 
2. We believe that the producer must always be put forward in the sale of his products. So if he can deliver them personally to his Consumers, tell their story, that's even better. We believe that the best quality and the greatest freshness of the products are simply found directly at the producer. We believe that the producer best promotes his products, without cutting into his margins, when he does not use a reseller.
3. In this sense, we have moved towards an alternative sales channel where the producer and his products would be at the forefront. By using the Platform, Consumers can first of all search and find quality products at attractive prices for direct sale from producers, because there is no intermediary. For producers who allow the reservation of their products on the Platform, the Consumer can directly reserve them after having found them. You, as a business, gain exposure for your products to new and existing Consumers. We offer you an innovative, easy-to-use, turnkey and complete solution to help you in the development of the direct sale of your products, both by promoting your activity and by providing you with a reservation system for your products.
4. The companies that use our Platform, such as producers and artisans (vegetable producer, liqueur producer, farm, chocolate factory, etc.), which we will commonly call by the term “Seller” or “Sellers”, are put in relationship with Consumers so that they can reserve their products directly. The Seller adds its product offers available in real time on the Platform. He chooses the time slots where he can hand-deliver the products to his Consumers. Consumers can then reserve the products directly on the Platform. They are guaranteed to buy their products at the best price. In addition, when booking, the Consumer thus ensures the availability of the products that will be given to him, at the time slot he has chosen. The Seller, as soon as the reservation is confirmed, can prepare the orders. All he has to do is deliver them personally to his Consumers at the time slots he has chosen. Users of the Platform in order to reserve products offered by a Seller are “Consumers”.
5. These general conditions of sale (“General Conditions”) constitute a contractual agreement between you and Mimelis SA (“ Mimelis ”). They govern your use of our website, our applications and our services, which we will commonly refer to as the “Platform”. When we use the terms “you”, “yours” or “your” in these Terms and Conditions, we are referring to the business you represent. The terms “Mimelis”, “we”, “us”, “our”, they refer to the Mimelis SA entity with which you are contracting.

1. Scope of the General Conditions

The present General Conditions explain to you how we operate, as well as, among other things, the rules that govern our relationship with you and the way in which you interact with our Platform. You will find for example in these General Conditions:

• What you can expect from us or from our Platform;
• What we expect from you, based on our rules for using our Platform;
• What you can expect from Consumers when using our Platform and their interaction with you.

1. Use of Mimelis

1. Consumers reserve and pay for your products on the Platform. In exchange for reserving these products, they receive a number identifying their reservation (“Reservation Code”). You sell the products to the Consumer when he arrives at the pick-up location you have defined and the Consumer buys the products from you in exchange for the Mimelis Reservation Code.
2. Seller Mimelis account. Your seller account on the Mimelis Platform is called a “Mimelis Seller” account. From your account, you can manage the details of your relationship with us and use the Platform to make your products visible to Consumers and if you wish, you can allow them to reserve them. You must register and create a Mimelis Vendor account, providing us with all the required information during registration or at any time thereafter on our Platform. You must keep your information up to date directly from your Mimelis Vendor account when possible, otherwise you must provide us with the information as soon as possible so that we can update it. When you fail to provide us with accurate or up-to-date information, you interfere with our ability to provide our services to you. For example, we will not be able to make transfers to you if your banking information is no longer up to date or is incomplete.
3. Seller support. From your Mimelis Vendor account, you have access to dedicated assistance. You have an instant messaging service that allows us to respond to you more quickly. The most urgent requests or requests requiring rapid assistance should be sent through this channel. Any content sent through this channel is considered personal correspondence of the sole responsibility of its sender.
4. Product Offer. When you make available on the Platform products available for reservation, you add a “Product Offer”. A Product Offering may represent a single or a set of products. In this case, all the products constituting the offer must be described. A product can represent both a material good (food, drinks, firewood, wicker basket, etc.) and a service or service called "Service Offers" (visit of the farm, horseback riding, brunch, etc.) . We commonly refer to them as (“Products” or “Products”). When you post a Product Offer on the Platform, you do so under your own responsibility and your own Product design, for the purpose of selling said Product.
5. Reservations. When you add a Product Offer on the Platform, the Consumer can reserve it for himself. This act is called a “Reservation”. A Reservation made by the Consumer does not constitute a purchase. A Reservation may relate to one or more Product Offers. As soon as a Reservation is made, we send you a notification to let you know.
6. Withdrawal point. You add Product Offers which will be to be withdrawn in the location indicated on the Platform, often it is simply your address. It can also be another place where you can be present. For example, at the entrance to your production workshop, on your stand at the market or in another store. These locations define a “Collection point” to collect the products of the Reservation. The Seller may have several different collection points. Each pick-up point has, among other things, its own address, its own distinct Product Offers, its Pick-up Time Slots and elements distinguishing it such as a description or photographs. In the case of a Service Offer, the service may be consumed by the Consumer as described in the Product Offer.
7. Withdrawal. The Product Offer is sold to the Consumer when he accepts the products of the Reservation at the Pick-up Point. The Withdrawal is the conclusion of the transaction which is exclusively between you and the Consumer. The Reservation is deemed valid when the following two conditions are met:
1. Confirmation in the Mimelis Seller application that the Consumer takes the products of his Reservation (“Withdrawal”)
2. The Consumer takes the products of his Reservation.
8. Specificity of a Service Offer. In the case of a Service Offer, it is sold when the service starts. The Withdrawal is the conclusion of the transaction which is exclusively between you and the Consumer. The Reservation is deemed valid when the following two conditions are met:
1. Confirmation in the Mimelis Seller application that the Consumer has started the service provided for in his Reservation (“Withdrawal”);
2. The Consumer starts his service provided for in his Reservation.
9. Withdrawal time slots. From the Mimelis Seller application, you define the days and time slots when it is possible for the Consumer to pick up his Reservation (“Collection time slot”). In the case of a Service Offer, the Withdrawal Time Slot defines the start of the Service.
10. Cancellation of a Reservation by the Consumer. Reservations cannot be canceled by the Consumer. This is an assurance for the Seller that the products contained in the Product Offers will not be immobilized, nor prepared for nothing. For example, for a vegetable producer, the vegetables may have been harvested specifically for the Consumer and could be lost in the event of cancellation.
11. Cancellation of a Reservation by the Seller. Reservations cannot be canceled by the Seller either before the end of the Withdrawal Time Slot. It is indeed a question of respecting the time of the Consumers who have organized themselves to pick up their Products directly from the Seller. With the agreement of the Platform and under certain conditions, the possibility of canceling Consumer Reservations may be granted to the Seller. In the event of such an agreement, the Seller is required to cancel orders only exceptionally, and in a manner not disproportionate to the number of Withdrawals made. However, if these Cancellations become too frequent, we ask the Seller to ensure that the available quantities of the Product Offers put up for sale are accurate. If cancellations become excessive, Seller's account may be limited or suspended.
12. Product Offerings and Reservations may be modified, removed or canceled by us from time to time at our discretion. Changes may only relate to minor changes and may not substantially change the subject matter of the Product Offering. For example, it can be for example correction of layout, typing errors in order to make the offer more readable by Consumers. An ad deletion may for example occur in the event of a recall or a dispute if, in our opinion, this requires such a measure.

1. The Mimeshop

When you add Product Offers to the Platform, these are visible to all Consumers who use the Platform. However, your existing customers and customers who discover you through your own website do not see these Product Offerings. The “Mimeshop” is a service which represents a pillar of our Platform which makes it possible to overcome this problem, it is offered free of charge. It allows the Product Offers that you have added to the Platform to be made visible simultaneously and automatically on your own website. Although optional, the Mimeshop is strongly recommended to be installed on your website for these reasons:

• for clarity for your Internet users so that they can quickly understand that they can have access to your Product Offers on our Platform without having to redirect them to our Platform. For example by using hypertext links. This also avoids displaying contradictory product availability on your site and on our Platform.
• in order to get off to a smooth start with Mimelis, namely to have a sufficient number of orders for each of the withdrawal time slots you have chosen and to apply our direct sales solution to several types of customers.

1. The Mimeshop is a widget designed to be integrated into the Seller's official website. 
2. The Mimeshop displays your Product Offers in real time, and only yours. It may also display, without limitation, information relating to your Withdrawal Time Slots.
3. The Mimeshop cannot display information or any data, in any way whatsoever, that is contrary to the promotion of your Pick-up Point and your Product Offers or more generally your company, on our Platform. 
4. The widget must not be altered or displayed for any purpose other than those provided for in these Terms and Conditions.
5. The Mimeshop once installed, displays a data stream that comes from our Platform. Access to the data feed may, at any time, be revoked, temporarily or permanently, if we judge that the use made of it on your website is contrary to or may harm our Platform in any way. whatsoever, at our discretion. When the Mimeshop data feed is disabled, Product Offers will simply no longer display in the widget.
6. During a permanent deactivation of the Mimeshop, the Platform informs the Seller. The Seller must then imperatively and immediately remove the Mimeshop from its website, in order to stop any connection between the Seller's website and the Platform. 
7. The installation of the widget is to be carried out by the Seller. If you do not know how to do it, or if you want personalization and adaptation specific to your website, you can contact our support so that solutions can be offered to you. The simplest solutions can be set up free of charge, while the most personalized or technical requests can be subject to an estimate and invoicing in their own right.
8. The Mimeshop is an optional service offered “as is”. We are not responsible, in any way, for the impact that the widget may have on your website (for example, following poor integration on your website, or a technical problem). If you no longer wish to use it, for whatever reason, you can delete the widget. If you simply want a temporary deactivation of the distribution of your Product Offers, you can simply ask us. It is the Seller's responsibility to remove the Mimeshop from its website when it no longer wishes to use it.

1. The basic principles of sales

Consumers come to Mimelis to reserve products directly from a particular producer or artisan. When choosing to book with you, the Consumer relies on you for the accuracy and accuracy of your Product Offers. 

1. What you can sell. You can sell the products from your farm, your production, your crafts, the products you manufacture as well as the products to which you have added value. 
2. What you can also sell. The Consumer who makes a Reservation with you will travel to pick up your products. Thus we also accept that products from other Swiss producers or craftsmen are offered (“Resale”). TheseProduct Offerings must explicitly state in the product description, and in addition to other information describing the Product Offering, that they are not your company's products, so that the Consumer canns ambiguity to understand it during its Reservation. It must be indicated in particular, the name of the company which produces or manufactures them, as well as its city and its canton. It is the responsibility of the Seller to offer a lower proportion in its product offers, unless we give you our explicit agreement.
3. However, the majority of Product Offerings that are offered must be made up of products from your own company and not from Resale. In certain specific cases, and with our explicit agreement, it is possible to derogate from this rule. This can happen if the company has very few products. If this majority is not respected, we will inform you. When this principle is not respected, we may have to deactivate certain Product Offerings.
4. Description of a Product Offering. A Product Offer must be detailed in such a way that the Consumer can know precisely what he is buying and can do so without any ambiguity. The information entered to describe the Product Offering must be correct at all times and kept up to date. The photographs describing the Products cannot be taken from an image bank. The photographs must have been taken directly on the Products constituting the Product Offer or on similar Products. The seller may, however, use infographics when he does not have photographs.
5. Set the price of a Product Offering. The seller is free to set the price of the Product Offers. He can thus set attractive prices to encourage purchases. However, the price of the Product Offer must never be higher than the price that could be offered in a Seller's point of sale (whether physical such as a store, or virtual such as on a website for example), for Products and for a similar service. The Consumer must be able to reserve his Product on the Platform in complete confidence, knowing that he will not pay more for his Product than if he had purchased it at a Seller's point of sale.
6. Fulfill Product Offer Reservations. One of the fundamental pillars of Mimelis is to ensure the availability of the products that the Consumer reserves with you. Thus, the available quantity indicated in a Product Offer must correspond to the quantity that you have chosen to allocate and make available on the Platform. You must therefore be able to honor the Reservations of your Product Offers that Consumers make on the Platform. Thus, you should ensure that you understand the following points before making a Product Offering available to Consumers: 
1. Once you have allocated a certain quantity for a Product Offering, it will be automatically updated by the Platform based on subsequent customer bookings. For example, if your Consumers reserve the entire quantity indicated in a Product Offer, the available quantity will become zero and the Offer can no longer be reserved.
2. You are responsible for updating, at all times, the available quantities of your Product Offers from your Mimelis Seller account. For example, if during the day, the available quantities should vary, it is your duty to update the available quantity of the Product Offer.
3. When you are uncertain about the availability of your products, you can lower the available quantity, or even temporarily deactivate the product.
7. Content and Product Offerings. Mimelis is not required to verify Members' Product Offerings or other information posted by Members on its platform; Mimelis expressly assumes no responsibility for:
1. the accuracy and correctness of the translations provided through the automatic translations functionality;
2. the truthfulness and accuracy of the content of the Product Offerings;
3. the truthfulness and accuracy of content relating to Sellers;
4. the ability, authorization and willingness of members for Product Offers, Reservations, Cancellations, payment or other performance of the contract.
8. Customer service. You are committed to providing quality customer service and maintaining the trust of your consumers. By proposing Product Offers, you agree in particular to:
1. Respect the withdrawal time slots provided for in each Reservation. Thus the order must be ready when the Consumer comes to pick it up. It is possible from your Mimelis Seller account to customize the time you need following a Consumer's Reservation to prepare their products.
2. The products of the Reservation must be prepared with care so as not to harm either your business or ours. 
3. The products of the Reservation must correspond to the content of the Product Offers which have been reserved.
9. Modification of a Product Offering. When you make changes to any Product Offering, those changes shall only carry and affect future Bookings of that Product Offering. It is your responsibility to consult Current Reservations before making any changes. You must honor all Reservations that have already been made in such a way as to respect the Product Offer as it was initially at the time of the Reservation by the Consumer. This includes, for example, but is not limited to, the following cases:
1. you change the price of the Product Offering;
2. you change the description and thereby change the content of the Product Offering;
3. you modify or delete a Withdrawal Time Slot.
10. Comply with the rules that apply to you. Mimelis provides you with the Platform, but does not own, control, offer or manage the Product Offers that you offer to the Consumer. Mimelis is only an intermediary and therefore is not part of the sale of the products you provide to Consumers. 

You (and not Mimelis) are responsible for understanding and complying with all laws, rules and regulations for the Products you offer in your Product Offerings, including those that apply to the supply of food and beverages to Consumers using the Platform. This includes, but is not limited to, rules on the manufacture, sale, purchase, preparation, labeling, storage, handling of the products you offer to Consumers. You remain responsible for everything you provide to the Consumer, including the content of Product Offerings and for meeting your obligations to Consumers.

In addition, here are other rules specific to our Platform that you must respect:

• If a Consumer or ourselves asks you to do so, you must be able to provide the details of each Product Offer and each Product constituting your offer that you offer on the Platform. This includes in connection with food or drink, but not limited to, listing all ingredients, allergens, as required by applicable law or regulation. The same goes for a Service Offer, you must be able to detail this service.
• Ensure that at the time of Withdrawal of the Product Offer you have all of this information required by applicable law or regulation. The same goes for a Service Offer that would be offered on the Platform. In the case of foodstuffs, you must also have the necessary information to inform the Consumer on how to store his products and the deadlines on which they can be consumed.

1. Management of Consumer Complaints

1. Mimelis processes Consumer complaints that it receives relating to products that have been offered for reservation on the Platform or more generally complaints relating to the overall performance of its Reservation service (for example during the Withdrawal). When dealing with complaints, sometimes we need additional information from you which you agree to give us at that time. We include you in the resolution of disputes when we deem it useful. When necessary, we may ask the Consumer to contact you. For example, if a Consumer sends us a complaint about the quality of the products they have picked up, we may ask them to contact you.
2. When you directly receive a complaint from a Consumer relating to one of our services (for example on the experience of the Consumer during the withdrawal), you agree to redirect the Consumer to us, or to send us their complaint when it has been written down, so that we can deal with it.

1. Other Seller Responsibilities

1. Confirm that you are authorized to represent your business. When you agree to these Terms and Conditions, you confirm that you are an authorized representative and have the authority to represent your business.
2. Partnership. You accept that we become, in the eyes of the Consumer , your only partner allowing them to reserve your Product Offers online and collect them directly from you. In addition, you agree to communicate in this sense if you communicate to your customers, in any form whatsoever, by offering them this type of service. You agree with this operation, in particular for the sake of clarity for the Consumer, insofar as the latter could be confused to find your own product offers on different platforms, and that, consequently does, this one would then have more certainty of benefiting from the best possible offer when booking. Thus, and except in the event of an explicit contrary agreement on our part, you cannot set up a partnership with another company with the aim of using one of their services which would be analogous, or, directly or indirectly, competitive with those of Mimelis, in the sense that the consumer is able to reserve your products online and to be able to pick them up at you or at one of your Pick-up Points. In such a case, you should refrain from using the service in question with this other company. 
3. Reputation and non-disparagement. Each party undertakes to convey a positive image of the other party towards third parties. In particular, Mimelis undertakes to present the Seller on its Platform in a positive manner for Consumers and the Seller undertakes to refer to the Mimelis service in a positive manner in all its advertising,to full the extent possible. Under no circumstances will a party make statements to third parties that could harm the good reputation or interests of the other party.
4. Authorize Mimelis to receive payments from Consumers. You authorize us to receive payments from Consumers on your behalf, thereby releasing them from their obligation to pay for the products they have reserved and which you have sold to them.
5. Security of your account. You are responsible for protecting access to your Mimelis Vendor account, for its management and for its use, and for controlling and deciding who is authorized to access it (“Authorized users”). In particular, you are responsible for the activity of Authorized Users and the use made of your Mimelis Vendor account and more generally on the Platform. 
6. Quality and control of Product Offerings. You agree to comply with our callback procedures as provided on our Platform or as instructed by us. If this should occur, you also agree to immediately withdraw your Product Offerings (either by deactivating or deleting them), while notifying us, in the following circumstances:
1. you need to make a reminder or you are required .e to do so on products, such as foodstuffs, that you have sold to Consumers using the Platform;
2. you become aware that you are not complying with any laws, regulations or any rules relating to your responsibility for the safety of food or your products;
3. you do not have or no longer have legal authorization to sell certain products to the Consumer;
4. you become aware of any problems or any risk in connection with products sold to Consumers through the Platform.

When one of these cases occurs, we may cancel all Reservations in progress, inform the Consumers concerned and reimburse them the amounts of their Reservations or their Withdrawals already made.

1. Payments and Fees

1. Transaction Fees. When a Reservation is confirmed to the Consumer for your Pick-up Point, we charge a commission (“Transaction Fees”). Transaction Fees are calculated on the total amount of the Reservation, including any taxes. Unless otherwise agreed, the Transaction Fee for a Booking is15% + CHF 0.50.- , excluding VAT when applicable.
2. Additional charges. We may also offer you optional services (“Optional Services”) subject to their own billing conditions to resolve use cases specific to your activity (“ AdditionalCharges”).
3. Fees Transaction Fees and are commonly referred to as “Mimelis Fees”. You can find the Mimelis Fees applicable to you in your Mimelis Seller account.
4. We collect all Transactions from the Consumer for each reservation that has been confirmed to the Consumer.Fees Transaction are deducted from the payment you receive from us. 
5. Our Platform uses a secure payment provider Stripe, in particular to make transfers to your company. Payment processing services for sellers on Mimelis are provided by Stripe and are subject to the Stripe Connected Account Agreement, which contains the Stripe Terms of Service (collectively, the "Stripe User Agreement"). By accepting this policy or continuing to use Mimelis as a seller, you agree to abide by the Stripe Service User Agreement, which may be amended by Stripe from time to time. In order to receive payment processing services offered by Mimelis through Stripe, you agree to provide Mimelis with accurate and complete information about you and your business. In addition, you authorize Mimelis to share this information, as well as transaction information related to your use of the payment processing services provided by Stripe.
6. Fee Bypass. Any measure or operation undertaken by the Seller with the aim of avoiding paying fees is considered as a circumvention of fees and is strictly prohibited by Mimelis. This may include, for example, encouraging a Consumer to purchase a product offered in your Product Offers on MImelis through another site. When a transaction is initiated on the Platform during a Reservation, it cannot be finalized outside the Platform, unless expressly agreed otherwise with Mimelis. The price indicated in the Product Offer must accurately reflect its contents and must not in any case be modified in order to circumvent the charges.
7. Received. Upon confirmation of a Withdrawal or if the Reservation has not been canceled, we send a receipt to the Consumer.
8. Billing. Each month, we issue an invoice summarizing the Mimelis Fees related to your activity on the Platform. Invoices can be viewed directly in the Mimelis Vendor application or will be sent to you. The first invoice will be established from the moment you are active on the Platform, and if costs have been incurred. 
9. Payment of your Mimelis Fees. Mimelis will automatically deduct all fees payable from your payment account. When there are sufficient funds in your payment account, no action on your part is required. If your payment account does not have sufficient funds to cover the fees due (this may for example happen if you use optional Services), Mimelis may issue an invoice to be paid within 15 days of its issue.
10. Payments. Payments of amounts due to the Seller are made on the 20th day of each month. If you need different, specific rules for your business, we can adjust those rules. Therefore, the specific conditions applicable to you will then be detailed in the specific agreement that we will have concluded or in your Mimelis Seller account. Additional Charges, where any, may be invoiced separately, or, unless otherwise agreed, may be deducted from amounts due to Seller.
11. Cancellations. When a reservation is canceled as described in these Terms and Conditions, we will refund the price of the Reservation to the Consumer and no amount is due to you.
12. Refunds. We may be required to reimburse the Consumer for the sums collected during the Reservation or Withdrawal, at our discretion, in order to resolve problems such as reminders or Consumer complaints. We then reimburse in part or in full the sums that we have received in the context of the Reservation or the Withdrawal. When this happens, no sum is due, neither to you nor to Mimelis. In certain special cases, and at its sole discretion, Mimelis may return the Fees resulting from the reservation to you.
13. Communication with Mimelis. During procedures for processing customer complaints, reminders, refunds or more generally as soon as we need information on a reservation in progress, on a withdrawal that has already been made, or to clarify any situation concerning a Consumer , you agree to respond accurately and fairly to our requests for information and within a reasonable time. For example, we can send you an email to try to understand why a Consumer wishes to exercise his right of recourse on his purchase. We may need prompt feedback from you in order to reimburse the Consumer.
14. VAT. You are responsible for paying all applicable taxes, including VAT, in connection with any amounts we pay you. For tax purposes, you are required to state whether you are subject to VAT or any other tax if this is the case or becomes the case. As such, you are also required to provide us with your VAT number or any other tax identification number applicable to you.

1. Delivery

1. The seller may activate the delivery module. In this case, the rules and conditions relating to delivery detailed in the Shipping Regulations apply. By activating this module and offering delivery of products to Consumers, the Seller accepts these rules and the Shipping Regulations.

1. Confidentiality

1. Data collected from consumers. We are the controller of all personal data collected from Consumers. This personal data is not shared with you and can only be shared with the prior consent of the Consumer or if the applicable regulations so require.
2. Confidential data. When you use our Platform, you share confidential data with us. Similarly, by using our Platform you become aware of confidential information about us. Each party (you and Mimelis) undertakes to take reasonable measures in order to prevent any person, entity, or other unauthorized third party from accessing the confidential information of the other. In addition, if required by law, each party may be required to communicate personal information to local authorities or authorized third parties, if such communication is reasonably necessary. Information will not be considered confidential where such information is publicly available (but not as a result of a breach of this Section), or if the recipient of the information already knew it and did not do so. object of confidential treatment.

1. Contact

If you have any questions, you can send us an email at producteur@mimelis.ch