Terms and conditions of sale

TERMS AND CONDITIONS OF SALE

Effective from 08/12/2022

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the shop.swimstars.co website. The Products offered for sale on the site are as follows:

Clothing and accessories for children and adults

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the shop.swimstars.co website, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These terms and conditions are accessible at all times on the shop.swimstars.co website and shall prevail over any other document.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the box provided for this purpose before completing the online ordering procedure on the shop.swimstars.co website.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

Swim Stars, SAS

Share capital of 10,000 euros

Registered with the RCS of Paris, under number 909679342

128 Rue de la Boétie

Email : shop@swimstars.co

Phone: _______________

Intracommunity VAT number FR74909679342

The Products presented on the shop.swimstars.co website are offered for sale in the following territories:

Belgium.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.

ARTICLE 2 – Prices

The Products are supplied at the prices in force on the shop.swimstars.co website at the time the order is registered by the Seller.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts offered by the Seller on the shop.swimstars.co website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products they wish to order on the shop.swimstars.co website, according to the following procedures:

The customer chooses an item on the shop.swimstars.co website.
To purchase an item, the customer must click on order, then go to the shopping cart, where he or she can check the item selected, modify the quantity and/or delete the item. To proceed, the customer must validate the shopping cart, fill in the delivery information, the means of payment and validate the payment to place the order.
He will then receive an order confirmation, and will receive the product within the time indicated in the article purchase process.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the shop.swimstars.co website constitutes the formation of a distance contract between the Customer and the Seller.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The customer can follow the progress of his order on the site.

ARTICLE 4 – Terms of payment

The price is paid by secure payment as follows:

• payment by credit card

The price is payable in full by the customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the shop.swimstars.co website.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s):

Belgium.

Deliveries are made within a few days to the address indicated by the Customer when placing an order on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The customer must check the condition of the products delivered. He has a period of #254 Maximum period for… from delivery to make claims by writing to Us via the contact tab on the shop.swimstars.co website or by email to shop@swimstars.co, accompanied by all relevant supporting documents (photos in particular). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

According to the terms of article L221-18 of the French Consumer Code”.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.”

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The customer is responsible for return shipping costs.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 – Seller’s liability – Warranties

Products supplied by the Vendor benefit from :

• the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Legal warranty provisions

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.”

Article L217-5 of the French Consumer Code

“The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 of the French Civil Code.

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 7 days of the Seller’s finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

• non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Vendor and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The following personal data are collected on the shop.swimstars.co website:

Order Products :

When the Customer orders Products :

Full name, postal address, telephone number and e-mail address.

Payment

When paying for Products offered on the shop.swimstars.co website, the website records financial data relating to the Customer’s bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

• Transport service providers
• Payment service providers
• Suppliers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Enforcement of customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the shop.swimstars.co website have the following rights:

• They can update or delete their data as follows:

Write to the contact tab to inform us of the deletion of personal data.

• They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
• They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they may object to the processing of their data by the Vendor.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within one month.

Any refusal to grant the Customer’s request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. You may withdraw your consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the shop.swimstars.co website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – Disputes

For all complaints, please contact customer service at the postal or e-mail address shop@swimstars.fr indicated in ARTICLE 1 of these GTC.

The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the appointed mediator is

_______________

_______________

_______________

E-mail : _______________.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of ordinary law.

Directed to https://www.legalplace.fr

APPENDIX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on shop.swimstars.co unless exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

Attention SAS, Swim Stars

128 Rue de la Boétie, 75008 Paris

I hereby give notice of withdrawal from the contract for the following item:

– Ordered on (indicate date)

– Order number: …………………………………………………..

– Customer name: …………………………………………………………………

– Customer address: ……………………………………………………………..

Customer’s signature (only if this form is sent on paper)