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Terms of Sales
Terms of Sales
Between the company PRISCILLA MARQUET , registered in the Trade and Companies Register of AGEN under the number SIRET 89345940400016, whose head office is located at: 8 ALL DE LA LISIERE 47310 ESTILLAC duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, "the Buyer", or "the Customer" On the other hand, It has been exposed and agreed what follows :
PREAMBLE
The company sells clothing, shoes and accessories exclusively for consumers, marketed through its website swaglamboutique.com.
The list and description of the goods and services offered by the company can be consulted on the aforementioned site.
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: swaglamboutique.com/pages/cgv
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the websites are indicated in euros and precisely determined on the product description pages. They are also indicated in euros on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated in euros automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).
The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order.
However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Delivery of products.
The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract.
The seller undertakes to honor the Customer's order within the limit of the stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions , the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
In accordance with the legal provisions in terms of conformity and hidden defects , the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested as follows: Please contact us via the contact form in the contact section at the bottom of the page.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address which was indicated during the order and the time indicated. This time does not take into account the order preparation time .
The seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.
It is up to the Customer to notify the carrier of any reservations about the product delivered.
Article 6-2: Delivery times
Colissimo delivery time: 48 to 72 hours - working days
Mondial Relay delivery time: 4 to 5 working days
Delivery time Mondial Relay home Europe 4 to 6 working days
Delinvengo easy Europe lead time - 2 to 5 working days
Delinvengo easy World - 6 to 12 working days
Colissimo Overseas: 5 to 7 days
Article 7: Availability and presentation
In the event of the professional's failure to fulfill his obligation to deliver the goods or provide the service under the conditions provided for in Article L. 216-1, the consumer may: 1° Notify the professional of the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code; 2° Rescind the contract if, after giving formal notice to the professional to deliver or provide the service within a reasonable additional period, the latter has not performed within this period. The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime. II. - However, the consumer can immediately terminate the contract: 1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service; 2° When the professional does not perform his obligation to deliver the goods or provide the service on the date or on the expiry of the period provided for in Article L. 216-1 and that date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract. The provisions of this article are without prejudice to the allocation of damages.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by card
banking is carried out by our payment service provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network . Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. “The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”.
The right of withdrawal can be exercised by contacting the Company as follows: Please contact us via the contact form in the contact section at the bottom of the page . We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for:
- Excluded from the right of withdrawal are cosmetic products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- Personalized products are also excluded from the right of withdrawal.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer.
Returns of products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
In accordance with the legal provisions, you will find the standard form by email by contacting our company.
Refund procedure: Please contact us via the contact form located at the bottom of the page, contact section.
Article 10: Warranties
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products.
The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed. The refund request must be made as follows: Please contact us via the contact form located at the bottom of the page, contact section.
The Seller reminds that the consumer:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. When the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter. The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him. If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: 1° The trader refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or of substitution ; 4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful. The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover ( article L. 241-5 of the consumer code). The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No assignment of intellectual property rights is made through these GCS.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The European Commission offers consumers the possibility of resolving disputes online on one of its platforms. In accordance with article 14 paragraph 1 of the RLL, we are obliged to inform you of the existence of this platform and its role in the resolution of online disputes. The online dispute resolution platform is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .
It is intended to help consumers and professionals resolve disputes relating to purchases of goods or services online without having to go to court. These general conditions of sale (GTC) are subject exclusively to French law.
In the event of a dispute arising from the interpretation or execution of these GCS, the customer may send a written complaint to the seller's consumer service department by registered mail with acknowledgment of receipt to the following address: ADDRESSEMEDIATOR.
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within a period of two months from the date of receipt of the written complaint, the customer may contact a mediator free of charge. the consumption.
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with articles L.612-5 and following of the Consumer Code. The customer must submit his request to the mediator within a period of less than one year from his written complaint to the seller.
The client remains free to initiate, accept or refuse recourse to mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator. In the event of failure of mediation, any dispute will be subject to the exclusive jurisdiction of the French courts designated in application of the French rules of procedure.
Article 13: Force majeure
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. To access this right, please contact us at contact@swaglamboutique.com. By adhering to these general conditions of sale, you agree
- what we collect and use this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the controller (the Company) by RAR letter. We carry out on all of our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics and other statistical tools.
Article 16: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Our general conditions of sale have been drawn up from the site https://www.donneespersonnelles.fr/