Preamble
The General Terms and Conditions of Sale (here in after “T&Cs”) detailed below apply between Maison Condamine SARL, capital of 4 000 € headquartered at 66 rue de Rome, 75008 Paris, France, registered in France at the Paris RCS under the n °827 719 683 (here in after « Maison Condamine ») and the customers of the website swivells.com (here in after “the Customer”).
In entering this agreement the Customer declares they are of age and not under guardianship.
The order by the customer implies irrevocable accession to the T&Cs. Maison Condamine reserves the right to adapt or modify the T&C’s at any time. The version of the T&Cs of Sale applicable to any transaction are the T&C’s published at the date of the order.
I. Website's information and access
swivells.com is an e-commerce merchant owned and managed by Maison Condamine.
Maison Condamine does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Maison Condamine may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Maison Condamine isn’t responsible for inconvenience and damage related to the use of the Internet including a break in service, the presence of computer viruses or external intrusions, and other events beyond their control.
II. Validity of offers
Offers apply only to customers with a delivery address in countries where Maison Condamine delivers via a transport provider.
The products presented on the site are valid within the limit of stocks available. In case of a defect or collection to the command of an out of stock item, Maison Condamine will refund the customer within a period of 30 days. Maison Condamine is committed to inform a customer if they ordered an out of stock item.
III. Presentation of products
The products offered for sale are described and presented with the highest possible accuracy. Maison Condamine are not responsible if errors or omissions have occurred in this presentation
The pictures representing our products have only an indicative value. These photos, as well as texts illustrating the products do not enter the contractual field. The items offered for sale may not exactly correspond to the real products in terms of colors, dimensions and image but will be of equal or superior quality as described.
The customer may receive an item previously returned by another customer. However, Maison Condamine only accepts returns of intact and unworn products. These two conditions are controlled before the return products are re-added to the stock.
IV. Price
Prices shown on the site or the online store are final. They are indicated in Euros (€). They include VAT (all Taxes included including VAT) except for guests who provided a delivery address outside the European Union, in which case prices agree HT (not including Taxes). They are guaranteed subject to typography or printing error.
Prices can be changed at any time without notice in accordance with tax or economic data. The items will be charged based on the rates in effect at the time of the order.
Acceptance of an order placed on the website is subject to compliance with the procedure put in place by Maison Condamine, expressed by a succession of different steps the client shall follow in order to validate their order.
The Customer may at any time change or remove the products added to the bag. The bag summarizes the products selected by the client, as well as their price, V.A.T. and shipping costs, excluding customs and other taxes which may apply depending on the origin of the order. The Customer may modify the bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Maison Condamine. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Maison Condamine.
VI. Terms of payment
Deliveries to certain countries outside the European Union may be subject to additional charges (duties, taxes) depending on their individual legislations.
The products are payable on the day of the order, in Euros (€).
The purchases shall be settled via the secure platform provided by our partner Shopify Payments. The Customer can use the following credits cards: Carte bleue, Visa, Master Card, American Express and Discover.
The client expressly acknowledges that disclosure of their card number to Maison Condamine gives the company authorization to debit their account the cost of the products ordered. If an error in payment arises, a notice of the order cancellation is sent to the client by Maison Condamine to the email address registered by the client.
The data recorded and kept by Maison Condamine constitutes proof of the order and all previous transactions. The data recorded by Shopify Payments constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed and shipped from France. Some international banks or credit cards may charge a foreign transaction fee for purchases from online stores based in the European Union. Maison Condamine does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email service@swivells.com for any questions.
VII. Order refusal
Maison Condamine reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Maison Condamine to satisfy the client expectations, Maison Condamine may be obliged to cancel an order even after having sent a confirmation by email. In such case, the order will be reimbursed.
Maison Condamine cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
Maison Condamine reserves the right to refuse or cancel any order placed by a customer with whom Maison Condamine has currently a dispute concerning the payment of a previous order.
VIII. Delivery
Within Metropolitan France delivery with Mondial Relay is free and delivery with Colissimo is 5 €. Delivery is 15 € in the rest of Europe. For the USA, delivery is 30 €. For Australia, Canada and Hong Kong delivery is 45 €.
Maison Condamine will strive to send orders placed before 11:00 (GMT+1) on the same day (except weekends and holidays) and those placed after 11:00 on the next day (except weekends and holidays). This time limit is only an indication. Maison Condamine reserves the right to inform the Customer through the Website if deliveries are delayed. In case Maison Condamine cannot respect these time limits, the Customer will receive an email informing him / her. Maison Condamine cannot be held responsible for these potential delays.
Maison Condamine cannot be held responsible for a delay with the delivery company or resulting from circumstances beyond their control. Transport is at the Customer’s own risk once the goods have left the warehouse. The Customer must check the state of the packaging and the conformity of the items delivered and immediately inform Maison Condamine of any anomalies.
Any claims should be made within 48 hours by e-mail to: service@swivells.com
The Customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, Maison Condamine won’t be help responsible for the non delivery. In this case, the Customer will have to pay for the new delivery of the order.
IX. Refunds & returns
Customers can use their withdrawal right for purchases made through the website for personal use and purposes unrelated to commercial activities within 15 days from receiving their goods.
The Customer must go to our return portal or send an email to service@swivells.com with his or her name, address, the number of the order, the description of the articles to return, and the delivery mode chosen.
For deliveries within Metropolitan France returns with Mondial Relay are free: the Customer must use the shipping label sent by Maison Condamine and the completed delivery note should be included in the package. The parcel should be sent to Maison Condamine via a Mondial Relay point.
With alternate providers, the Customer must send the parcel at his / her expense to the address indicated in the email from Maison Condamine.
Irrespective of the delivery mode chosen the Customer must keep a proof of return including a tracking number which will be important in case there is a problem with its reception by Maison Condamine.
The products must be returned in their original condition and packaging (unworn, undamaged and in the original delivery box with all labels attached). In order to preserve the condition of the leather soles the Customer is advised to try the shoes on carpet or fabric to preserve them from scratching
After 15 days the sale is final.
In all cases the cost of return is covered by Maison Condamine if the product delivered is damaged or different from what was ordered.
If the Customer does not adhere to these terms and conditions, including conditions of return or exchange, Maison Condamine cannot proceed to refund the products in question.
A refund by Maison Condamine is made within 15 days after communication by the Customer of his\her withdrawal right, subject to the receipt of the product(s) by Maison Condamine and verification of their condition.
Except as otherwise indicated by the client, refunds will be made through the same payment method used at the original purchase.
Return of the product(s) is the responsibility of the customer if the order was placed from outside the European Union and is at their own risk.
X. Visible defects
In case of a visible defect of the customer shall inform service@swivells.com within 3 days from the delivery date. It should include a description of the defect concerned as well as images illustrating the defect. If this information is missing or incomplete no return or exchange will be possible.
The Product shall be returned in its original condition and packaging (unworn, undamaged and in the original delivery box with all labels attached) and with the order reference.
Once the defect is verified by Maison Condamine in conjunction with the information provided by the Customer an exchange, refund, or a credit voucher will be provided.
XI. Personal data
The collection of personal data of the customer is necessary to process the order. This information is strictly confidential and intended only for use of Maison Condamine.
Maison Condamine reserves the right to collect data by the use of cookies in order to improve the customer service.
XII. Miscellaneous provisions
The invalidity or unenforceability of one or any clause of the current T&Cs or special conditions will not affect the application or validity of the other clauses of the agreement. In this case the clause(s) in question will be replaced by the closest possible provision.
Maison Condamine nor the Customer shall be held responsible in the event of breach of contract resulting from circumstances beyond their control.
XIII - Partial invalidity
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provisions shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XIV - Applicable law and juridiction
These T&Cs are governed by the laws of France.
In the event of a dispute between the Customer and Maison Condamine concerning the interpretation, performance or termination of this T&C’s, Maison Condamine strongly encourages the Customer to contact the company in the first instance to attempt to resolve the disagreement amicably. Maison Condamine hereby notifies Customers that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Maison Condamine and the Customer agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action or defense in the event of legal action in their country of residence or domicile, or their right to consumer protection measures as set out in the legislation applicable in their country of residence.
Clients may also contact the platform of amicable solution to disputes of the European Commission available at http://ec.europa.eu/consumers/odr/.
