The general terms of sale below of the website Swildens must be read closely and be accepted before ordering anything on the website www.swildens.fr.
Any order made on the website www.swildens.fr implies a complete and unreserved agreement to the general terms of sale. Swildens has the possibility to update these general terms of sale from time to time. The general terms of sale apply to the exception of any other document.
1.1 The Website swildens.fr is an e-commerce website that is accessible on the Internet at the address www.swildens.fr and it is open to any user of the Internet. It is edited and distributed by the limited company MELS, a limited company with a capital of 50,000 euros. Its head office's address is 5, rue Coq Heron, 75001 Paris. It is registered in the Paris Trade and Companies Register under the number 404 688 723.
1.2 The Website offers to sell a variety of clothes and accessories for women to Net users browsing on the Website. By virtue of the Terms of sale, it is agreed that the User and Swildens will be collectively named "the parties" and individually called the "party", and that the User who validated an order will then be called the "Buyer". The rights and duties of the User inevitably apply to the Buyer.
1.3 Swildens reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. Swildens reserves the right to refuse the carrying out of the order.
1.4 The Buyer declares that he has full legal capacity.
1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale by ticking the box provided to that effect before ordering anything.
As a reminder, according to the provisions laid down in the articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning the e-signature, Swildens specifies that the validation of the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature.
1.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website.
Article 2: The produtcs
2.1 The Products offered by Swildens are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.
2.2 The Products are described and presented with the greatest precision possible. The photos illustrating, in support of the text, the products do not enter in the contractual field. As such, if Swildens tries to represent as faithfully as possible the Products of which the photos are displayed on the Website, variations may occur, particularly given the technical limitations of color renderings of computer equipment.
b) Availability of the Products
2.3 Swildens is committed to honour the orders only within the limits of available stocks. If one or several Products are not available, Swildens is committed to inform the User as soon as possible. Swildens incurs no liability for a stock shortage or the unavailability of the Products.
2.4 The unavailability of the Product can be notified to the User:
When he enters his order, he will be told that the Product he wants is unavailable at the moment.
After the validation of his order, an email will be sent to the Buyer from Swildens to notify him.
2.5 If the payment has already been made, Swildens is committed to contact the payment system Sherlock's of our partner L.C.L. to deduct the price of the unavailable Product(s) from the amount taken on the bank account of the Buyer.
c) Retention of title
2.6 Swildens retains title to the Products ordered until they are fully paid.
Article 3: Prices
3.1 The Prices of the Products are given in euros, tax inclusive, without the participation to the delivery costs, on the day of the order.
3.2 The price billed to the Buyer is the price given on the order confirmation that Swildens sent by email.
3.3 Swildens reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks. The rate in force is the one given on the Website, errors of typography excepted, for which Swildens is not responsible.
3.4 Prices are payable in full in a single installment when the order is confirmed.
3.5 Any missed payment will result in the invoicing of a 25 euros fee for each payment incident. The data recorded by the Website are a proof of the transactions between Swildens and the Buyer. The data recorded by the payment system are the proof of financial transactions. The sale is final when the secure services accept the transaction.
Article 4: Payment
4.1 It is stated that you can pay on the Website by bank cards or by cheque only issued by a French bank. The payment for the Products bought on the Website can be done safely, from France or from foreign countries, 24/7, with the bank cards below:
Eurocard – Mastercard
4.2 The User will enter his card number, the cardholder name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card.
4.3 Swildens reserves the right to refuse to honour the order of a User if Swildens and the User are under dispute, of any nature whatsoever.
4.4 Swildens uses the secure payment system Sherlock's of the bank L.C.L. The integrity of the data exchanged between the Buyer and the secure platform Sherlock's is protected against any hacking attempt. The confidential data are directly transmitted on the server of the bank L.C.L., without ever being sent through the servers of Swildens.
4.5 Sherlock's leans on the encrypted exchange protocol SSL (Secure Socket Layer) and provides all insurance required for transactions on the Internet.
4.6 Swildens reserves the right to cancel any order presenting a risk of fraudulent use of the bank card.
4.7 It is stated that any order paid by cheque will be "confirmed" and taken into account only after receipt of the amount of the cheque by Swildens.
Article 5: The order
a) Browsing the Website
5.1 The User may navigate freely on the Website with no commitment to purchase via an order.
b) Registering an order
5.2 To order, the User has to click on "Add to my basket". Each time an item is added to the Basket, a specific screen will appear.
5.3 At any time before confirming his order, the User can:
Get a summary of the Products he selected and modify his order by clicking on the link "Basket"
Continue his selection of Products by clicking on "Continue shopping"
Finish the selection of the Products and confirm the order by clicking on "Order".
5.4 To order the Products he thus chose, the User will have to click on "Order" and will confirm the buying journey offered.
5.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order.
5.6 The User will have to identify himself by filling in the form with great care, especially the mandatory information: his first name, his name, his email address, his password, his birth date, the delivery address and the billing address.
5.7 The User is informed and accepts that the capture of his identifier is a proof of his identity and shows his consent.
c) Final confirmation of an order
5.8 The confirmation by the User of his order on the Website implies the agreement to the General Terms of Sale.
5.9 The User may then pay his order by entering his banking information.
d) Confirmation of an order
5.10 When the Buyer confirms the payment of his order, a summary will appear with the transaction number. This summary also appears in the email of confirmation of the order.
5.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products.
5.12 Pursuant to article L.132-4 of the Consumer Code, when an order is for an amount greater than or equal to €120, Swildens keeps the verbiage stating that the contract entered into electronically between Swildens and the Buyer for the period of time from the start of the contract until the date of delivery and for 10 years thereafter (in compliance with the decree 2005-137 of 16 February 2005)
Article 6: The delivery
6.1 The Products ordered are, depending on the choice of the Buyer, delivered to any address all around the world.
6.2 The orders are dispatched, depending on the choice of the Buyer, by the postal service SoColissimo or UPS.
6.3 In both cases, the Buyer will be able to track his order on the Internet. Swildens is committed to do its very best so that the order is carried out within a maximum of 30 days starting on the date of confirmation of the order, except in cases of force majeure given in article 9. However, it is stated that any order paid by cheque will be "confirmed" and taken into account only after receipt of the amount of the cheque by Swildens.
6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, the postman will leave a delivery notice in the mail box of the recipient so that he can pick up his parcel during office hours of the Post office, within 15 days.
6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. In case of error in the delivery information given by the Buyer, Swildens could not be held responsible for failure in delivery.
6.6 The shipping costs are based on the destination and weight of the parcel, according to the rates of the postal services in effect. For any delivery outside of metropolitan France, no matter the amount of the order, you have to pay the shipping costs. If the forwarding is imputable to you (the delivery address you gave was not correct, or you did not get the parcel at the post office within the 15 days), there will be additional charges, upon acceptance of the Buyer. If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order on his bank account, minus the delivery charges.
6.7 Delivery issues
Delivery timelines are available on the website and may vary according to your order availability.
Delivery timelines are processed on business days and correspond to the average order preparation and shipping schedule on the territory.
Delivery timelines start from the order confirmation date by the Seller.
The Seller commits to proceed at its best to deliver the order to the Buyer within the timetable stated above. However the timelines are communicated on an indicative basis and an eventual delay could not lead to any interest and damages, deduction or cancellation of the order by the Buyer. However, if the ordered products haven't been delivered within 7 days after the indicative date of delivery, for any case than the force majeure, the sale can be revoked on written request of the Buyer or the Seller. The sums of money paid by the Buyer will be refund without delay, except any compensation or deduction.
The Customer is the only responsible person for the non-execution or the defective execution of the Contract due to a lack of indication during the Order process (wrong or incomplete address, wrong name...)
6.8 the Customer is required to check the wrapping state as well as the Articles upon delivery.
It is the Customer's responsibility to express reservation and claims that he/she consider necessary, nay to refuse the parcel, when the parcel is manifestly damaged at the Delivery. The aforesaid reservations and claims shall be addressed to the carrier by registered letter with acknowledgement of receipt within 3 business days, except public holidays, that follow the Delivery date. Otherwise, the Customer has to send a copy of the letter to the Seller. The default of claim within the afore mentioned period cancels any lawsuit against the carrier in accordance with the provisions of article L. 133-3 of the commercial Code.
The Customer must make sure that the delivered Goods correspond to the Order. In case of non-compliance of the Goods in kind or in quality to the mentioned specifications in the Delivery slip, the Customer must inform the Seller by e-mail and send the Goods back to the given address.
c) Limitation of liability
6.9 The Products offered are in compliance with the French legislation force. Swildens is not to blame in case of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with the local authorities if he is authorized to import or to use the ordered Products.
6.10 Only guarantee made: The Products are in perfect condition during the handing-over to the carrier. No other express or tacit guarantee is issued.
Article 7: Exchange/Return of a Product: Right of withdrawal
7.1 The Buyer has a right of withdrawal for the following reasons:
Non-fulfillment of the Product for any reason.
Non-compliance of the Product
7.2 In both cases referred to in 7.1, the Buyer will have the possibility to ask Swildens for an exchange or a refund of the Product.
7.3 To exercise his right of withdrawal, the Buyer will have to ask for it within 15 days after receipt of the Product. The Product shall be returned to Swildens at the address given in Article 11 and shall meet the following conditions:
Be in perfect condition,
Not have been used,
Be in its original packaging,
Be accompanied by the bill.
7.4 If the Customer wishes to return an item that is different from the ordered or defective, the Customer must contact our Customer Service within 15 days after receiving the order to receive a prepaid shipping label. Under no circumstances Swildens will refund the return shipping costs directly paid by the Customer.
7.5 Swildens does not accepts the postage due parcels. Any risk associated with the transport is carried by the Buyer.
7.6 If the above-mentionned conditions are met and if the Buyer wanted a refund of the Product, Swildens will pay back the amounts of the Product(s) bought by the Buyer to him, within 14 days starting on the date of receipt of the returned Product by Swildens.
Article 8: Data protection
8.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
8.2 The security protocol ensures total confidentiality of the information sent. Swildens is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity.
8.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a request to Swildens by email or by mail (see the contact details in article 11).
8.4 The processing of personally identifiable information is subject to formal declaration registered with the National Commission for Information Technology and Civil Liberties (CNIL): n°1359103..
Article 9: Liability – Force Majeure
9.1 Swildens has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.).
9.2 Swildens cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, a model not made any more that Swildens would not know about, as well as any exceptional event.
Article 10: Intellectual Property
All elements of the Website, visual or sonorous, are protected by copyright and are under intellectual and artistic property around the world. Reproduction in whole or in part is strictly prohibited without prior agreement.
Article 11: COMMERCIAL OFFERS AND NEWSLETTERS
Swildens may send commercial to customers by mail, email, telephone, text message or via all the webs animated by Swildens or any of its subsidiaries on social networks, subject to prior acceptance.
The customer has at any time the right to oppose at no cost to his commercial prospecting, by clicking on the link "unsuscribe" in each email.
If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
Article 14: The entire contract
14.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.
14.2 In case of contradiction between the documents, the General Terms of Sale have priority.
Article 15: Applicable Law and the Jurisdiction Concerned
These General Terms of Sale and the contractual relationship between the Parties are subject to French law.
OVH SAS au capital de 10 000 000 € RCS Roubaix – Tourcoing 424 761 419 00045 Code APE 6202A - N° TVA : FR 22 424 761 419 Siège social : 2 rue Kellermann 59100 Roubaix - France
The Website in its entirety is considered to be the exclusive property of the company MELS. No reproduction or representation can be made without the prior written consent of MELS. MELS does not warrant the accuracy and completeness of the information given on the Website and the editor cannot be held liable for any error. If you notice some errors, please report them to: [email protected]. The company MELS reserves the right to correct the content at any time without notice.