Takedown procedure (DMCA / notice-and-takedown)
Weared handles all reports of unlawful third-party content (copyright, trademarks, personal images, NCII, invasion of privacy) as a priority. This page sets out the formal procedure to follow when requesting the removal of content published on weared.ch.
Scope
- Copyright — text, image, video or photograph used without authorisation.
- Trademarks & neighbouring rights — logo, name, protected designation.
- Image / privacy — face, body, identifiable distinctive features.
- NCII (non-consensual intimate imagery) — immediate removal with no formalities, see also our Trust & Safety page.
- CSAM (content involving a minor) — zero tolerance, immediate removal and report to the authorities (fedpol, INHOPE, NCMEC).
Weared is a Swiss platform. We apply Swiss law (CopA, CO, FADP) and co-operate with equivalent foreign procedures (DMCA §512 for content visible from the USA, DSA for the EU).
Mandatory elements of the notification
An incomplete notification cannot be processed. Please include:
- Identification of the notifier — surname, first name, postal address, contact e-mail (or that of your legal representative / agent).
- Precise identification of the content — full URL of the listing(s), shop identifier, dated screenshot.
- Legal basis — the nature of the right invoked and the notifier's link to it (e.g. proof of ownership, trademark registration, dated original photograph).
- Evidence — URL of the original work, registration certificate, assignment agreement, identity document for cases involving image rights or NCII.
- Statutory declaration (see template below).
- Signature — scanned handwritten signature or qualified electronic signature.
Statutory declaration (template)
"I, the undersigned [SURNAME FIRST NAME], declare in good faith that the content identified above is used without my authorisation or in breach of my rights. The information provided in this notification is accurate. I acknowledge that a false declaration exposes me to the civil and criminal sanctions provided for by Swiss law (art. 251 SCC, art. 41 CO) and, where applicable, to the sanctions provided for by 17 U.S.C. §512(f) for content subject to the DMCA. Done at [PLACE], on [DATE]. Signature: ______"
How to send us your notification
Send the complete file to contact@weared.ch with the subject line [DMCA] Takedown — .
For an urgent case (NCII, CSAM, threat): write to contact@weared.ch with the subject [URGENT] — handled as a priority, with provisional removal as soon as a first review justifies it.
Postal channel (registered mail with acknowledgement of receipt): Weared — Legal Department, Switzerland. The full address is set out in our legal notice.
Timelines and follow-up
- Acknowledgement of receipt as soon as possible.
- Reasoned decision after review; we do not announce a guaranteed time limit.
- Priority removal for credible NCII / CSAM, without prior notice to the seller.
- Counter-notification — the seller concerned may reply in writing; in the event of a serious challenge, the content may be restored if no judicial proceedings are initiated within 10 to 14 working days.
- Repeat offences — 3 valid notifications = permanent suspension of the shop.
Abuse of the procedure
False notifications, in particular those filed to harm a competitor, engage the civil and criminal liability of their author (art. 41 CO, art. 173 & 251 SCC, 17 U.S.C. §512(f)). Weared reserves the right to transmit such cases to the competent authorities.
