Terms and Conditions 

Introduction

You are currently connected to one of the sites administered by SWABDESIGN. This document is intended to inform you about SWABDESIGN and their online conditions of sale(contract terms).

You should carefully review the terms that follow, as they constitute an electronic contract establishing the terms and conditions of the electronic shop SWABDESIGN.

The validation of your order irrevocable acceptance of these Conditions of Contract when your order has been validated.

Therefore, you can only order products and / or services only if you accept all the conditions provided below.

The user (person having the capacity to contract) and SWABDESIGN are hereinafter referred to as « we ».

Definitions

In this contract, each of the expressions mentioned below will have the meaning of the definition, namely:

- "Company": SWABDESIGN

- 'Distance contract' means any contract for ordering products and / or services concluded between the company (*) and a client (*) as part of a sales or remote services organized by company (*), which for this contract, exclusively uses the Internet until the conclusion of the contract, including the contract itself.

- "Customer" means any person who, in this contract, proceed by name or as a representative of a legal person and has the right to contract.

- "Order": document that indicates the characteristics of the products ordered by the customer (*) and must be signed by him by "double click" (*) to engage  him.

- "Order": act by which the customer agrees to buy products and / or services and the company (*) to deliver him and / or provide him.

- « Product » goods sold or service provided by the company.

- "Double click": reiteration of the validation of the order by the customer. A completed order form and validated once is never taken into account without the confirmation of the customer. This confirmation can be done via a checkbox accepting Contractual Terms, or the order confirmation.

Company

Name: SWABDESIGN

- SARL capital of 10 000 euros

- Siren: 519 343 149 00034

- Intra-community VAT number: FR36519343149

- Rate: 20%

- Address: 8 rue Docteur Castanet 33200 Bordeaux

- Phone: + 33 05 54 49 71 45

Mail: hello@swabdesign.com

Objec

This Agreement is an electronic sales contract which aims to define the rights and obligations of the parties, as part of the sale of products offered by SWABDESIGN. In this sense, it is in accordance with French regulations, namely:

- Law 2004-575  called Law for confidence in the digital economy.

  • Law 2008-3 of 3 January 2008 for the development of competition serving for consumers.
  • Recommendation No. 07-02 of the Committee on unfair terms relating to sales contracts concluded via Internet
  • It is also consistent with the recommendations of the OECD on of electronic commerce.

Protection of minors

Our company attaches particular importance to the protection of minors in the context of its business online. Even though minors can act alone in cases where the law or usage authorizes them to act alone (art. 389-3 v. Civ.), And this particularly for low value purchases, we consider it essential to try by any means to verify that the client has the power to contract.

For this purpose, it is possible that we ask any customer placing an order on our site to prove its capacity to contract, this in compliance with the obligations related to the modified Law 78-17.

If a purchase is made by a person not having the legal capacity to contract, we recommend legal representatives thereof to rescind (cancel) the sale pursuant to Article 1305 of the Civil Code.

Products 

The products offered by SWABDESIGN are presented on the website in French Language. Any citizen of the European Community and the countries complying with Directive 95/46 / EC can not claim ignorance as its linguistic contract cancellation clause.

The products offered by SWABDESIGN are those listed on the website www.swabdesign.com the day of the consultation by the user, and within the limits of the available stocks.

The illustrations on the site show the products on sale, except in limited cases inherent in the  technical characteristics of the Internet (resolution and screen colors of the Internet ....).

The photographs and texts illustrating the products do not enter the contractual field. If these photographs and / or texts has  an incorrect character, responsibility  of SWABDESIGN can not  be engaged

Due to the specificity of the Internet, the company does not guarantee the availability on its website of all products in real time. In the case of temporary or permanent unavailability of one of the products, the company will inform the users through its website or sending a mail to a valid email address provided by the customer. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or to exercise your right of rescission (cancellation of your order).

Price

Product prices can be modified at any time by the company, with the exception of any sale of a product concluded for the price listed on www.swabdesign.com

In case of obvious typographical error leading to display a "low price", the sale may be canceled, as mentioned in section « Realization of the order".

Prices quoted are in Euros (€), VAT and include costs related to order processing.

Delivery rates are at the customer's expense, unless contrary stipulated during the order process. Different delivery options (and their prices) are presented in the order process and specified in the summary of it.

Payment of the full price must be made before delivery of the products unless otherwise specified during the order process and mentioned on the invoice.

In the event of delivery of products outside the French territory, customs duties and formalities are borne exclusively by of the Customer, unless otherwise stated. The Customer undertakes to check the possibility of importing the products ordered under the territory of the country of delivery.

Order and Payment

Any order signed by the Customer with "double click" constitutes an irrevocable acceptance which can be questioned only in the cases specified in this contract in sections "Right of cancellation" and "Order fulfillment." Any agreement of a quotation sent by mail to the customer, and returned to SWABDESIGN with an explicit agreement also constitutes an irrevocable acceptance.

The order process is in accordance with Article 1369-5 of the Civil Code.

  • Any user wishing to complete their purchase must identify themselves by completing the appropriate form provided on www.swabdesign.com This identification is done in strict compliance with the legislation 78-17 amended as set out in our "Data protection".
  • After checking the contents of his order, and the total cost of it (ordered products, shipping charges, possible green tax, optional features), and corrected any errors, the user definitively confirm . This confirmation will be worth conclusion of the contract.
  • - The contractual information will be subject to an email confirmation sent to the customer at the latest at the end of the withdrawal period and subject to the provision by the client of a valid email address, not subject to no restrictions of use (professional email address). In this case, the company can not be held responsible for sending contractual information and / or advertising to an email address with restricted access.
  • To pay his order, the customer has the choice of all the payment methods listed in the order process and presented on the company website. The company will be guaranteed that the client has the required permission to use the payment method chosen by him, while validating the order.
  • In case of payment by credit card, he must transmit his credit card number, depending on the type of the latter, the expiration date thereof and the security number (3 digit number on the back of the credit card).
  • SWABDESIGN ensures that payment is secured by SSL encryption (Secure Socket Layer) to protect more efficiently all the data related to the payment. The company guarantees that the services of cryptology used to secure transactions were subject to authorization or declaration under the legislation.
  • In case of payment by card, the provisions relating to the fraudulent use of payment method provided in agreements between the Customer and the issuer of the card and between the company and its banks apply, in accordance with Article 132-4 of the French Monetary and Financial Code.
  • If the only method of payment is a credit card payment, the final validation of the order comes from full payment (except special arrangements) thereof.

Delivery

The products are delivered to the shipping address provided by the buyer during his order. The times indicated are average times and correspond to the time of treatment, preparation and delivery of the order.

The package will be delivered at the mailbox address of the receiver. In case of a mailbox with insufficient dimensions the parcel is presented at home. The package will then be given either to the named person or to a person attached to his service, living with him or specially mandated. It can also be provided at the initiative of La Poste, to a person with power of attorney or an identified third party.If the package could not be delivered because of the insufficient size of the mailbox, and / or absence of the receiver, a second presentation of the package may take place the next day, at the initiative of the post office or a pending delivery notice is left by the Post Office in the receiver’s mailbox. This review shows the post office contact details for where the receiver can pick up the parcel. All product is delivered to the consignee or his authorized representative authorized to do so, on presentation of proof of identity and against signature. The proceeding is 15 consecutive days. This period does not include the day of presentation at home. Beyond this time, the parcel is returned to the Company. If returned to the Company for non-receipt of the buyer, any new expedition will be a new billing transportation costs.

Delivery time

The company guarantees that deliveries will be made under conditions guaranteed by the carriers (except in cases of force majeure under the jurisprudence), and indicated on www.swabdesign.com or during the order process. In case of late delivery compared to the time announced by to the carrier, the buyer must first contact the La Poste distribution office. In the event of a long delays, the buyer must contact customer service by sending an email to hello@swabdesign.com Swabdesign will take care to open a litigation file or investigation to search the package. If the delay exceeds 7 days the expected delivery date during the order process, you can proceed to the resolution of it, under the terms indicated in article "Cancellation Right ».If the package was not found, the Company would conduct after the end of the investigation of postal services, a new delivery of the same product or offer to refund. If a package is returned to the Company for the following reasons: "does not live at  indicated address," "instance timed out", or otherwise which the purchaser is responsible for, the Company will ask on a settlement costs of a second expedition so that the package can be forwarded. In case of refusal of the buyer the order will be canceled and the Company will reimburse the order with deduction of the first shipment.

Incomplete delivery or non-compliant (due to carrier)

It may be that the package is damaged or that the content thereof have been partially or completely stolen.If you find such an error, please mention it on the carrier’s proper and reject the product by returning it together with a 170 report says "damage report ».If you become aware of this error after the departure of the carrier, please report it by mail to hello@swabdesign.com or by phone within a maximum period of working 24 hours following the receipt of the order.In accordance with Article 133-3 of the Commercial Code, please send your absolutely justified protest by LRAR to the carrier, this within 3 days (not including holidays).

Incomplete delivery or non-compliant (due to the company)

Despite the care taken in the preparation of orders, it is possible that a product is missing from it, or that an error has occurred during the preparation.The buyer shall report to the Company on the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or nonconformity of products nature or in quality compared to indicated on the order form.

Any complaint formulated beyond this time will be rejected.

Right of withdrawal

In accordance with Article L121-16 and 121-20 of the Consumer Code, the customer has a period of fourteen (14) days to exercise its right of withdrawal. This period starts from the receipt of the order by the customer.

In case of shipment occurred between the date of the order and the date of exercise of the right of withdrawal, shipping and return to the Company will remain be borne of the buyer.

Any return must be reported by email to the customer service: hello@swabdesign.com with acknowledgment of receipt.

Return expenses will remain fully paid by the buyer. The Products must be returned complete in their original packaging, on terms with similar shipping guarantees to those defined in the initial shipment, to the following address:

SWABDESIGN

8 rue docteur Paul Castanet

33200 Bordeaux

FRANCE

You are reminded that this right of withdrawal may not be exercised for customized products.

Any complaints must be communicated in writing within fourteen (14) days following the date of receipt of the goods by mail or e-mail to hello@swabdesign.com with acknowledgment of receipt.

Any claim made after this time will not be taken into account and the Company will be relieved of all responsibility. If the above conditions are met, then the Company will exchange or refund (of) product (s) faulty, within thirty (30) days from the date of receipt by the Company of the package.

All returns must be the subject of a formal agreement between the Company and the buyer.

Any return accepted by the Company, in the case of an apparent defect or nonconformity of delivered products, enable the buyer to get either a refund or replacement of the Product or the issuance of a credit for the corresponding amount to the exclusion of any other compensation or damages. The Products must be returned within 48 hours in their original packaging, as registered parcel paid by the buyer, to the following address:

SWABDESIGN

8, rue docteur Paul Castanet

33200 Bordeaux

FRANCE 

In case of dispute, an amicable solution will be sought before any legal action. Otherwise, any legal action will be brought before the Commercial Court of Bordeaux.

Right of Rescission 

According to Article L. 121-20-3 of the consumer code, we will tell you when ordering the maximum delivery date thereof. In case of exceeding 7 working days of the date of delivery (except in cases of force majeure), you will have the ability to pronounce the resolution of your order by registered letter with acknowledgment of receipt within 60 days following the initial delivery date. In this case, we will refund the full amount paid (excluding any return costs), and this within a maximum period of 30 days following receipt of your registered letter.

Execution of the order

The company reserves the right to refuse the order for a "legitimate reason" (as defined by law), including (but not limited to) in case of unavailability of the product, impossible to run the service, abusive request of the client, presumption of impossibility for the client to contract or a clear intention of the client to harm the Company.

The company also reserves the right to refuse the order in the case of an obvious typographical error leading to display a "low price", and this when the order has been placed by the customer. In case of a difference of interpretation between "low" and "low price" for the price listed on the site while ordering, it may request the intervention of a third party, as provided for in section "applicable Law ».

The order will be processed at the latest within a period not exceeding 7 days of the expected delivery date. For the deadlines for the various types of services (personalization ...), please contact us.

An invoice will be automatically sent to the customer during his order. It will be sent to the email address specified by the customer when placing the order.

Personally Identifiable Information

The information requested to the Client is required to process the order and will be communicated to partners of the company (accounting, legal ....). They can also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers.

The customer can see in our "data protection", features personal data treatments used via the site www.swabdesign.com

The customer can also exercise his rights of access, rectification, opposition under the terms described in the sections "Data Protection and privacy policy" and "legal mentions" of the Company.

"Double-Click" and proof

The "double click" associated with the authentication and non-repudiation of the customer when placing the order and acceptance of these Terms of Contract is confirmation of the order and conclusion of the contract, pursuant to Article 1369 -5 the Civil Code.

The records stored on company servers and on the servers of its banks, will be considered as rebuttable presumptions (rebuttable) communications, orders and payments between the parties.

Under no circumstances the company will proceed to the recording of telephone conversations between a member of the company and one of its customers or prospects. In the case of subcontracting customer service, the company undertakes to prohibit their partners responsible for the implementation of this service, such registration, including through a "service improvement « .

Complete Agreement

These terms represent all obligations of the parties.

No general or specific condition communicated by the customer may be incorporated to these terms, except by prior agreement between the parties prior to the conclusion of the contract.

The fact that for the Company not to claim a breach by the Customer to any obligations contained herein, shall not be construed in the future as a waiver of the requirement involved.

The company reserves the right to adapt or modify at any time these Contractual Conditions. If modified, the Contractual Conditions  will be applied to each order  at the date of the order. The company will also maintain on its servers every time-stamped versions of the Contractual Conditions.

Property reserve

The products delivered to the customer remain property of the company until the contract has not been executed in full. By cons, risk transfer takes effect upon the delivery of the products and / or services ordered on the electronic store. Documents provided to the customer are governed by the Code of Intellectual Property. So they remain the property of the company. It is therefore forbidden to reproduce, transfer, or use the documents provided without the consent of the company.

Governing Law

This contract is subject to French law, in accordance with European directives.

In case of dispute, the companies will favor the amicable settlement.

This quest for amicable settlement does not interrupt the deadlines to act as collateral.

Otherwise, in accordance with Articles 46 to 48 of the NCPC, the French courts will have jurisdiction.