Welcome to Mimelis! It is with great pleasure that we welcome you to our platform dedicated to direct selling in Switzerland. In order to ensure good cohesion between producers, artisans, consumers and our platform, below you will find an overview of how we operate and the rules we apply.
Acceptance of these Conditions
This document and the other documents referred to below constitute a contractual agreement between you and Mimelis SA ("Mimelis" or "we") (see entities in the Contact Details section). They govern the use of our website, applications and services, which we will commonly refer to as the "Platform". These Conditions must be read carefully because by using our Platform, even simply by browsing one of our websites, the user understands and accepts these Conditions. If you disagree with our Terms, you cannot use our Platform.
Scope of conditions
The Mimelis platform brings together producers and artisans with consumers to enable them to directly sell and purchase unique products. In order to ensure good cohesion between each actor, here are the rules that apply to each one based on the way you use our Platform:
Our rules for sellers - selling my products : when you use our platform to sell products on the platform, these rules apply to you.
Our rules for sellers - promoting my products : When you use our platform to promote your business and your products, these rules apply to you.
Our Buyer Rules: When you use our Platform by simply browsing our sites or making a booking, these rules apply to you.
These different rules are part of our Terms, so it's important that you read the ones that apply to you as well as this document that applies to everyone.
Your Mimelis account
When you use our Platform, some features, such as simply browsing our site, do not require the creation of an account; to use other features, you may need to use a Mimelis account. Here are the conditions for creating an account:
- You must be at least 18 years old: minors of this age are only allowed to use our Platform through an account that belongs to a parent or legal guardian. In this case, they must have their authorization and be under their direct supervision. You remain responsible for any activity performed by anyone under this age limit while using your account. In any case, the use of our Platform is forbidden to minors under 16 years of age.
- Truthfulness and Accuracy of Your Information: You are required to provide correct, complete and accurate information and to keep it up to date.
- Responsibility for your account: You are responsible for accessing your account, its management and its use. In particular, you are responsible for any use made of your account and more generally of the Platform. When you register as a company, you warrant that you personally have all the necessary permissions to be able to accept and comply with the Terms on behalf of your company.
- Protection of your account: You are solely responsible for any activity that may occur on your account. It is your duty to protect access to your login information such as your password or username (or any other sensitive information that allows access to your account) from any fraudulent or abusive use that may be made using your account.
- Transfer: A Mimelis account is not transferable.
- load . The use of software, systems, tools or any other mechanism that could alter the functioning of the Platform is prohibited. By using the Platform, you agree not to take any measures that could result in intolerable or excessive charges for the Platform.
- No advertising . All data that should be entered on the Platform, such as, by way of example, texts, opinions, evaluations, or any information communicated in any other way on the Platform, cannot in any case contain advertising for products or services that are not currently offered by the member. on the Platform, or that the member will not offer on the Platform soon. Sellers who use their account to promote their businesses are subject to their own rules - you can consult it here .
- Links and external addresses . In addition to the last point, it is forbidden to insert hypertext links, internet links, descriptive texts of an external address in the data that may be published through the Platform. Likewise, it is not possible to add such links to a photo or image. For example, you can't add a link in your business description that redirects to your website or add an external link in a comment.
- Bypass the platform . The information published in any form on the Platform must not be used in any way to facilitate the conclusion of bookings or sales outside the Platform, directly or indirectly.
- Bypass fee . Any measures aimed at circumventing the costs of the Platform are prohibited.
- Judgments. Members, during the evaluation, are required to provide truthful and objective information. Any evaluation, abuse or abusive manipulation of the system, both on one's own profile and on that of others, is strictly prohibited. Members must not communicate any information that allows the identification of a user of the Platform. Mimelis may, where required, occasionally intervene in the evaluation system in order to cancel and / or correct the evaluations.
- Steal our content . You understand and agree that browsing our Platform, taking screenshots, using programs for scraping purposes, attempting to reverse engineer the Platform or attempting to obtain the source code of our Platform is strictly prohibited without our express permission.
- Payment of your bills . You are responsible for all fees due to Mimelis. You are also responsible for paying and / or collecting any applicable taxes from any sales and purchases made through our Platform. In this case, Mimelis will collect and refund the VAT.
Content and intellectual property
The content you post through our platform is your content (we'll call it "Your Content"). We do not claim ownership of this Content, which includes anything you post using our Platform: for example, your business name, your brand, photos of Product Offerings or your business, descriptions of Product Offerings or your business, reviews, comments, username, etc.
- Responsibility for Your Content . You understand that you are solely responsible for your content and you declare that you have all necessary rights with respect to all your content and that you are not infringing or violating the rights of third parties when you post it.
- Authorization to use your content . When you submit your content through our platform, you grant Mimelis the right to use it. We do not claim ownership of your content, but we do have permission to use it to help Mimelis operate and grow. By doing this, we will violate any of your rights to your content and can help you promote it. For example, you agree that Mimelis may offer you or Mimelis buyers promotions on the Platform in relation to the product offers you have made.
- Rights you grant to Mimelis . In legal terms, when you post Content on our Platform, you grant Mimelis a non-exclusive, royalty-free, irrevocable, assignable and perpetual license to use, display, modify, modify, reproduce, distribute, archive and allow us to prepare derivative works with the your content. This allows us to generally manage our Platform and to promote Mimelis through the services of our Platform, partners, sites or third party services. You agree that you will not exercise any publicity or moral rights against us in accordance with the scope of the license described above and in connection with the use of your Content. You confirm and acknowledge our legitimate interest in using it, in accordance with the limits described above, to the extent that it contains personal information. In other words, and more concretely, here are some examples in which the use of your Content allows the correct functioning and development of our Platform:
- Adding a photo: When you add a photo to your account, we can display it, resize it to match the areas it will be displayed in, enhance it so that it can be displayed correctly on mobile and integrate harmoniously on our Platform.
- Translations: our Platform is multilingual to allow its use in different languages, therefore we can translate the name of your products or the description of your business to offer them to users who do not necessarily speak French. you. Likewise, we may translate the directions you have provided to your customers to find your store and collect their order.
- Promote your business: when you have just added a Product Offer, we can for example promote your product in dedicated areas of the Platform so that users can see it more easily.
- Our content . With the exception of Your Content, all the contents present on the Platform, regardless of the medium used, are the entire property of Mimelis. Any use of any of these media cannot be made without our express prior consent.
- Use of our logo, our name. As a user of the Platform, you can use our logo and name to show that you use our Platform, offer our service and show your relationship with Mimelis. We reserve the right to revoke this right at any time if we believe that the use of our name or logo is contrary to our choices regarding the brand or is likely to damage it.
- Inappropriate, False or Misleading Content . You agree not to post any content that is offensive, threatening, defamatory, obscene, vulgar or otherwise offensive or that violates any part of our Terms. Furthermore, you agree not to post content that may prove to be false and misleading or to use our Platform in a fraudulent or misleading manner.
- Reporting of unauthorized content . If you own or have rights to any content that has been posted on our Platform without your permission and you would like it removed, you can contact us. In the event that the content you have posted infringes someone else's intellectual property, we will take the necessary steps to resolve this infringement. For example, we deactivate the affected product offers and notify you.
Warranties, limitations of liability
- Guarantees . Mimelis is committed to making our services as good as possible, but we are not infallible and it is possible that unwanted events sometimes occur. Therefore, we provide you with our services "as is" and "as available" and without warranties of any kind, express or implied, including any warranties of title, non-infringement, merchantability and fitness for a particular use. Due to maintenance work, all or part of the Platform may not be available for a certain period of time, which, however, does not give rise to any claim on the part of users or members of the Platform, against Mimelis.
- Limits of Liability . To the extent permitted by applicable law and this limitation may apply, neither Mimelis nor any of its employees or directors will be liable to you for any lost profits or revenue, or any damage - consequential, incidental, indirect, special or punitive - arising from the use of our services and our Platform or these terms. In particular, Mimelis will not assume any responsibility for technical problems due to which the Product Offers are displayed, reserved, confirmed, canceled or more generally processed late or incorrectly. In particular, Mimelis does not provide any guarantee for the concordance between the system time and the official time.
Mimelis' total liability arising from this damage is limited to the amount you paid to Mimelis in the last 3 months preceding the harmful event.
- Termination on your part . You can close your account at any time, although we hope that doesn't happen. To cancel your account, please contact us by email or via our contact form on our site. When you have a seller account, you can also contact us via your dedicated support directly in the seller application. After closing your account, you still remain responsible for any unpaid invoices or fees.
- Legal restrictions . We may block your access to the Mimelis application, close your Mimelis account, or refuse to process a payment where we reasonably believe there is a risk or legal issue. For example, this could be a potential violation of a law or regulation relating to you, your business or a payment. These measures can be taken by us without notice.
- Limitation, Suspension and Termination . Mimelis reserves the right to limit, suspend or terminate your access to the Platform, including deletion of your Mimelis account at our discretion. Mimelis cannot be held responsible for the effects this will have on you or your businesses, including if it affects your ability to generate income through our Platform. Here are some cases where this could happen:
- You are inactive on the Platform for a long period of time.
- We must do this to comply with a legal requirement.
- You repeatedly or materially violate these Terms.
- We have reason to believe that your behavior is causing us harm or may involve our liability, that of a third party or the consumer. This can happen for example through hacking, phishing, spamming or scraping of content that does not belong to us.
- When an account is closed, all information associated with it may be lost, including your content.
- These Conditions remain valid even after the termination of your access to the Platform or after the end of your use of the services of our Platform.
We hope this does not happen, but in the event that Mimelis is sued for something you did, you agree to defend us and compensate us. This means that in this case you will defend Mimelis (including its directors, officers or any of our employees) and that you will release us from any liability in the context of any legal proceedings (including actions taken by government authorities) arising from your actions, use (or misuse) of the Platform, illegal use of the Platform and / or violation of these Terms.
However, we reserve the right to take our legal defense in the manner we deem appropriate, even if you indemnify us. If so, you agree to partner with us so that we can help us implement and execute our strategy.
Changes to these Terms
We may update these Terms from time to time. We will notify you when we believe this is a material change via our Platform or by sending you an email or message about it. The user is responsible for reviewing and knowing any changes. When updates are made to the Terms, they are not retroactive, however they apply immediately upon posting on our Platform. Therefore, the use of the Platform following changes constitutes acceptance of the updates.
disputes; Applicable law and jurisdiction
In most cases, your doubts can be resolved quickly and to the satisfaction of all parties, simply by contacting us.
- Disputes with another user or with third parties. In case you find yourself in a dispute with another user of the Mimelis Platform or a third party, we always recommend that you contact the other party first to see how to resolve this dispute in an amicable way. In the event of a dispute with another user or a third party, you release Mimelis from any liability in relation to this dispute and the claims, claims and damages arising from this dispute.
- Disputes with Mimelis. When you find yourself in a conflict situation with us, please contact us, we will always try to find a solution to your problem. When we fail to reach an agreement, the legal dispute involving our Platform will be resolved according to the following points.
- Applicable law . All disputes relating to these Conditions between Mimelis and a member (current or former) are governed by Swiss law. Unless otherwise provided by law, the place of jurisdiction is Geneva, Switzerland.
In the event that some of these conditions described in these Conditions should be partially or totally null and / or inapplicable, the validity and / or application of the other provisions or part of them is not affected. The inapplicable and / or void provisions will therefore be replaced by provisions legally closer to the meaning and economic reason of the inapplicable and / or void provisions. The same applies in the event of a gap in the regulation.
- Assignment . You may not assign these Terms or transfer or delegate your rights and obligations without our prior written consent.
Mimelis SA is a joint-stock company domiciled in Switzerland with its registered office at chemin de pierre longue 6b, 1212 Grand-Lancy, registered in the commercial register of the canton of Geneva under registration number CH-660.1.528.022-3.
If you have any questions, you can send us an email at email@example.com or write to us at our office address.