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Terms of use

 

Recitals

This site is operated by the Petit Boy public company (Plc.), Plc. with a share capital of € 100,000, and head office located at 19, rue Bergère - 75009 PARIS (France), registered under number 489 329 730 with Paris Register of Companies (hereinafter "PB Plc.").
The general Terms and Conditions of Sale apply to all purchase orders placed with PB SA for all items and services offered on the site by persons www.swoonshop.com non-commercial (hereinafter "the Client ". Accordingly, for any person who orders a product offered for sale on the website of PB SA, this shall imply full acceptance of these general Terms and Conditions of sale, that the Client acknowledges having read before ordering.

Article 1. Completeness

These general Terms and Conditions form the entire obligations of the parties. The Client therefore shall be deemed to accept unreservedly provisions provided in these general terms and conditions of sale. As for PB SA, it undertakes to respect his duties as dealer within the framework of these conditions..

Article 2. Subject

These general Terms and Conditions are intended to define the rights and obligations of the parties as part of the online sale of goods and services offered by PB SA to the Client, from the purchase order to the delivery, through the payment and use of services provided by PB SA.

Article 3. Scope of application

These general Terms govern the sale of products as of the date of the order by the client. They apply to all modes of remote ordering proposed by PB SA, the purchase order being placed by Internet or by telephone.

Article 4. Order

Capacity to contract

Any client of PB SA claims to have full legal capacity, enabling him to contract under these general terms and conditions of sale.
PB SA reserves the right to cancel and refuse any order from a customer with whom there is or may appear during processing an order, a dispute, especially a dispute concerning payment of a previous order.

Acceptance of the Terms and Conditions by the Client

The fact that the Client checks the box "I have read and I accept the General Terms and Conditions of Sale" before proceeding to the payment, constitutes an irrevocable acceptance which cannot be questioned except in cases restrictively provided for in these Conditions under the "right of withdrawal." The client acknowledges by this act having read, understood and accepted these Conditions.
The purchase by phone also implies acceptance of these conditions that he has previously acknowledged to have read, understood and accepted under the conditions hereabove mentioned.

Ordering

Customer may place an order from PB SA by :
Internet 24h/24h and 7d/7d,
Phone +33 (0) 1 44 59 62 20 (price of a call not surcharged) from Monday until Friday, excluding holidays, from 10am to 1pm and 2pm to 6pm.
The ordering process consists of seven stages. First of all, the Client must select the product (s), then validate the shopping cart. Then, the Client must check the selected products with color options and sizes, and indicate the quantities applied. The order can not be registered on the site if the client is not clearly identified, either by entering its email address and its password, or by mentioning all the information required for online registration . Once identified, the Client must clearly indicate the information necessary for the delivery, this applies in particular to the exact address of delivery and any restrictions on access (building, floor, digital lock, etc.).. Penultimate stage, the Client must indicate the delivery method chosen. Finally, the Client must indicate the payment method selected to the payment of his order on the secure interface, which will formalize a firm and final contract of sale that binds him to PB SA.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this issue will take place within the framework of a possible exchange and guarantees referred to hereunder.
The provision of online credit card number and the final validation of the order by the Client are a proof of the order and due amounts for the ordered products. This validation constitutes a signature and acceptance of all the operations made on the site swoonshop.com.

Order confirmation

An email is automatically sent to the Client to confirm his order, under the condition that the email address indicated on the registration form does not include an error.

My order

For all the questions concerning the order, the Client can contact Customer Service PB SA on: +33 (0) 1 44 59 62 20 (price of a call not surcharged) from Monday to Friday, excluding public holidays, from 10 am to 1pm and from 2 pm to 6 pm.

Proof of the transaction

The register records stored in computer systems of the company PB SA under reasonable conditions of safety, will be considered as a proof of communications, orders and payments between the parties.
The filing of order forms and invoices is made on a reliable and durable support which can be produced as evidence.

Preuve de la transaction

Les registres informatisés, conservés dans les systèmes informatiques de la société PB SA dans des conditions raisonnables de sécurité, seront considérés comme les preuves des communications, des commandes et des paiements intervenus entre les parties. L'archivage des bons de commande et des factures est effectué sur un support fiable et durable pouvant être produit à titre de preuve.

Article 5 : Product Information

Product features

According to Article L. 111-1 of the Consumer Code, the Client may, prior to his order, take note on the site www.swoonshop.com, of the main features of the product (s) he wishes to order. The Client may select one or several products among the different categories proposed on the site www.swoonshop.com.
The information, specifications, photographs and graphics on the site www.swoonshop.com or in emails sent by PB Plc. are only indicative and are mostly donated by suppliers. Therefore, the difference in perception of form and color among the submitted photographs or graphics, and products can not engage the responsibility of PB SA.
PB SA will make his best endeavour to ensure that the photographic representation of the products on the website www.swoonshop.com is as accurate as possible. However, the perception of the products may not fully correspond to the products.
As soon as the products are presented in photography with other products, a description of the product will mention what is or is not part of the product.
PB SA shall not be responsible for all indirect damages by the mere fact of the present conditions, particularly under an operating loss, loss of profit, loss of chance, damages or expenses that might arise from the purchase products. PB SA shall not be responsible for any loss of data, files or damages as defined in the preceding paragraph.

Product availability

PB SA will undertake to receive orders only within the limits of available stocks of products. If there is a lack of availability of the product(s), PB SA undertakes to inform the customer as fast as possible.
PB SA is likely to alter the range of products offered for sale on its site www.swoonshop.com.
Availability may vary in the same daytime depending on the level of sales. PB SA frequently update availability, but cannot be held responsible if the stock is no longer the same as the indicated one.
The unavailability of a product is mentioned on the page of the related product or in the summary of the basket. Thus, the products which are not available appear with a red button in the Availability field.
If PB SA cannot obtain a product ordered from its suppliers, PB SA will inform the Client of the expected delay or the complete unavailability by an e-mail or telephone. The client can then either exchange the not available product, or require the payback of the paid amounts within 30 days of their payment, or cancellation of the order. No compensation for cancellation, outside the full repayment of the said Order, shall be required.
PB SA cannot be held liable for non-fufilment of the contract if the product is out of stock, in case of force majeure, disruption, total or partial strike of postal services and means of transport and / or communications, flood and fire.

Article 6. Price

The listed sale prices of the products are set forth in Euros and include value-added tax (VAT). The selling prices of products are those in force on the sending date of the validation order made by the Customer.
The selling prices of products may be modified by PB SA at any time.
Prices do not include shipping, packing gifts, which are borne by the Client and are billed in addition to the price of products purchased after the order. Delivery costs will be shown before the final validation of the order by the Customer. The prices do not take into account possible promotional offers and personal discounts, indicated before the final validation of the order.
The prices include Value Added Tax (VAT) applicable on the date of the order and any change in the rate will affect the prices of products sold by PB SA on the site www.swoonshop.com.
However, prices cannot be changed once the Customer’s order is placed. Moreover, if one or more taxes or contributions, including environmental are created or modified, increased or decreased, this change could affect the selling price of products sold by PB SA on its site www.swoonshop.com.

Article 7 : Payment

Payment methods

The full payment must be made when the Customer placed the order online. At no time payments can be regarded as deposits.
The Customer may pay the order online by credit card: Credit Card, Visa and Eurocard-Mastercard. To pay the order at the customer service at PB Plc. +33 (0) 1 44 59 62 20 (price of a call not surcharged) Monday to Friday, excluding holidays, from 10am to 1pm and 2pm to 6pm, the Customer has at his disposal the same mode of payment, namely the credit card. The customer will specify the number appearing on the front card, expiration date of the card, the cryptogram on the back card (last 3 monograms).
The Client guarantees that PB SA has the necessary permission to use the settlement he will have chosen for his order during the validation of the order.
PB SA reserves its right to suspend or cancel any execution of command and / or delivery, whatever its nature and level of execution may be, in case of payment default or partial payment of any amount that would be due by the Customer in the event of a dispute over a payment in process, in the event of payment default, or in cases of fraud or attempted fraud in connection with the use of the site www.swoonshop.com.
PB SA reserves its right to request a photocopy of identity card and / or if need be, should the case arise, of the Client’s credit card (front only) for any payment. Actually, within checking proceedings of orders, PB SA may request the Client to send by email, mail or fax, a photocopy of his identity card and / or his credit card. The order will then be validated upon receipt and verification of the submitted photocopy. In the absence of receipt within 15 days following the order, it will be declared void by full right.
Customer may go and purchase in a peaceful state of mind, PB SA undertakes to make its best endeavour to ensure the security and confidentiality of online transmitted data. The site uses a secure payment SSL (Secure Socket Layer) which allows the encryption of the bank when it is transmitted over the network. The Client can see that the transmission is encrypted using a software as soon as there is in his browser the symbol of a padlock. The transaction is made through HSBC, which only has the bank details provided on the site at the time of payment.

Invoice

The Client has the original invoice in the "My Account" on the site www.swoonshop.com. PB SA reminds that the bill is not attached to the package.
PB SA retains an electronic copy of each invoice.

Transfert of Ownership

PB SA retains full ownership of the goods sold until perfect collection of the full price, in principal, fees, taxes and mandatory contributions included.

Article 8 : Delivery

Delivery Areas

PB SA delivers in :

  • France, Corsica and Monaco,
  • Europe,
  • in the Rest of the world.

For more information on delivery to Rest of the World, the Client may contact Customer Service PB SA +33 (0) 1 44 59 62 20 (price of a call not surcharged) from Monday to Friday, excluding holidays, from 10am to 1pm and 2pm to 6pm.

 

Delivery

The products are delivered to the address indicated by the Client on the order form. The Customer must check the completeness and conformity of the information he gives to PB SA. PB SA cannot be held responsible for any data entry errors and consequences in terms of delay or error in delivery. As such, the costs for the return of the order are fully at the client's expenses.
PB SA cannot be held responsible for delays in delivery due to errors or disruptions caused by carriers (including namely in cases of total or partial strike of postal services and means of transportation and / or communications).

Means of delivery

  • Access Colissimo

    This delivery method allows the client to receive the package within 48 hours from consignment, through the postal service and Colissimo Access (excluding time for the preparation of the order). Deliveries are made from Monday to Saturday, holidays excepted. Costs incurred for this option depend on the weight and volume of ordered items. The package is taken in charge by the Post Office and the Client has to sign for delivery at the address specified by the Client. In case of absence during the delivery, a non delivery notice is deposited at the delivery address specified by the Client, which allows to withdraw the package in the nearest post office. The packages are stored at the Post Office for 15 calendar days. In case of no withdrawal within the deadline set by the carrier, the goods will be returned to PB SA which reserves its right to refund the price of the products, the delivery costs are to be paid by the Client.

  • Chronopost

    This delivery method allows the client to receive his package under 24/48 hours after consignment by Chronopost (excluding time for the preparation of the order). Deliveries are made from Monday to Friday, holidays excepted. The Costs incurred for this option depend on the weight and volume of ordered items. The package is taken in charge by Chronopost and the Client has to sign for delivery at the delivery address specified by the Client. The Client must ensure to fill in the access data, when placing his order, the place of delivery (digicode, building, floor, ...), and a telephone number at which the Client is available. In case of absence, a non delivery notice is deposited at the delivery address specified by the Client, which allows to withdraw the package at the address and in the manner specified by the carrier. The packages are stored at the Post Office for 15 calendar days. In case of no withdrawal by the deadline set by the carrier, the goods will be returned to PB SA, which reserves its right to refund the price of the products, the delivery costs are to be paid by the Client.
    Deliveries outside France performed via International Colissimo or International Chronopost. The costs incurred depend on the destination country, on weight and total volume of ordered items. Costs and delays are indicated to the client before final confirmation of his order.

Délai de livraison

For any order placed online via the web site www.swoonshop.com and confirmed from Monday to Friday, holidays excepted, before 10 am on the site www.swoonshop.com, preparation of the order will occur on the same day, subject to availability of stocks.
An email is sent to the Client when the Products are sent, provided that the email address on the registration form does not contain any error. Upon receipt of this email, the Client may take into account the carriers deadlines as stated hereunder.
Delivery periods are as followed:
- Colissimo Access: less than or equal to 5 days
- Chronopost: less than or equal to 3 days

Delivery periods as indicated hereabove are those generally noted. No refund of shipping charges will be made for delivery within a period longer than indicated. Besides, PB Plc. informs its clients that these delivery periods do not include Saturday, Sunday and holidays.
In the case of an order which would include one or more unavailable products as well as one or more products available, PB SA sends the order upon receipt of all the products forming the order. If the Client wishes to receive the products available immediately as fast as possible, it is advisable to isolate these items in a specific order.

Packaging

The products are packaged so as to comply with the standards of transportation in force, and to ensure optimal protection of products during their delivery. The Client is asked to meet these same standards in a return of product. Any damages noted on a returned product, due to a problem of packaging may lead to a partial refund or no refund of the product in case of impossibility of resale in this or in case of worsening of the indicated technical problem.

Client's responsibility for checking the package upon receipt

PB SA reminds that the Client is responsible for controlling packages upon receipt in the presence of the delivery man and for notifying to the carrrier and to PB SA any discrepancies on the delivery slip (damages, deterioration of the package, missing product compared to the delivery order, broken products, date of delivery which does not match with normal periods of delivery service ...), within two days. Should such references were not indicated on the delivery slip shown to the Client by the carrier, the product is considered as being accepted by the Client and no claim shall be possible as regards its delivery.
When the consignement is made by the Post, if the package is damaged or deteriorated upon arrival, the Client shall ask the deliveryman to set up a " Declaration of damage " (declaration 170) so that PB SA can investigate and indemnify.
The client shall confirm this defect by sending to the carrier within two business days following the date of delivery letter with acknowledgment of receipt stating the said claims. The Client shall forward at the same time copies of this letter (with the original "declaration of damage" if applicable) by mail to: SWOON, Customer Service, 26 rue de Turenne, 75003 Paris. Any complaint received after the deadline will be rejected.

Delays in delivery related to the carrier

In case of late delivery in relation to the deadlines announced by the carriers, PB SA suggests at first the Client checking with the carrier that the package is not pending, then, if needs be, contacting Customer Service at +33 (0) 1 44 59 62 20 (price of a call not surcharged) Monday to Friday, excluding holidays, from 10am to 1pm and from 2pm to 6pm, in order to open a file of litigation or investigation to look for the package.
The Client shall report the loss within 10 days following receipt of PB SA’s consignment notice. PB SA will then make the necessary claims with the concerned carrier.
If the package is found, it will be forwarded immediately to the client's residence.
If within seven days and not due to force majeure, the package is not found, the Client may request the return of the same product at PB SA’s expenses or refund of the paid amount. Should the ordered goods be no longer available at this time, PB SA shall reimburse to the Client the price corresponding to the products lost by the carrier.

Article 9 : Right of withdrawal, return and exchange

Under e-commerce (without the simultaneous physical presence of the parties), the Client has the right, under Article L 121-20 of the French consumption Code, within seven days to exercise his right to withdraw without having to pay penalties, except for the return costs which shall be paid by the Client. This period starts from the date of receipt of goods by the Client.

All returns shall be notified to Customer Service of PB SA :
Either by connecting to the site www.swoonshop.com, under the heading "Background and details of the order" on "My Account": just check the product and the quantities to be returned, informing the reason for the return and validate by clicking "Generate a return." The request for return from the Client will then be studied and by return a mail, PB SA will then indicate to the Client the proceedings to follow, namely printing the return label, as well as the mailing address where the products have to be sent.

• or by contacting Customer Service by email at serviceclient@swoonshop.com, or by telephone at +33 (0) 1 44 59 62 20 (price of a call not surcharged) from Monday to Friday, excluding holidays from 10h to 1pm and 2pm to 6pm. The Customer Service will then indicate the Customer the proceedings to follow.

PB SA advises the Client to return its products by Colissimo with a recommendation or an additional insurance of the market value of products, guaranteeing compensation for products when lost or robbed. In all cases, the return is at the client’s risk. Besides, the client shall keep any proof of return.

Returned products must be sent back in their initial packaging and in their entirety (accessories, bag etc..). The products must be undamaged, in perfect condition for resale in a perfect state of cleanliness, they should not have been worn or used, nor have suffered any damage. Any damaged, incomplete product, or with a damaged original packaging will not be refunded nor exchanged.

Should he use his right of withdrawal, the Client shall receive a credit in the amount of already done payments, which will be credited to a next order. The credit is valid for 6 months and available in the "My Account" on the site www.swoonshop.com. The Client may also request a refund of paid amount. In case of reimbursement, PB SA shall make his best endeavours to reimburse the Client within 30 days.

Article 10 : Warantees

According to Article 4 of Decree No. 78-464 of 24th of March 1978, the provisions hereof may not deprive the Client of the legal warrantee which compells the professional seller to guarantee him against all the consequences of latent defect of the sold thing. This clause applies only in the context of a complete payment of the order.

The Client is explicitly informed that PB SA is not the producer of the products presented within the website www.swoonshop.com, as provided by Law No 98-389 of May 19th in 1998 and regarding the liability for defective products.

Accordingly, in case of damage to a person or a property by a defect of the product, only the producer’s liability thereof could be sought by the Client, on the basis of information contained on the packaging of the product. Besides, the company reminds that the products, services and information offered by PB SA cannot be substituted in any way to the constant vigilance of grown-ups.

PB SA shall not be held liable in case of non compliance with the laws of the country where the products are delivered. The client shall have to check with the local authorities the possibilities of importation or use of products or services that you plan to order.

Article 11 : Liability

The products are in conformity with current French legislation and standards in force in France. PB SA is not liable for non-compliance with the laws of the country where the product is delivered. It is the Client’s responsibility to check with the local authorities the possibilities of importation or use of products you plan to order.

PB SA shall not be held liable for the inconvenience and damage in connection with the use of the Internet in particular, such a break in service, the presence of viruses or external access, and more generally all cases of act of god or third parties, as defined by the courts.

Hyperlinks may link to other sites than the site www.swoonshop.com. PB SA shall not be liable if the contents of these sites would infringe the laws and regulations in force.

PB SA shall not be liable for any damage that may arise from the purchase of products. Similarly, PB SA’s liability, as far as undertakings under these Terms of Sales are concerned, shall not be incurred further to an event of act of God, as defined by the French courts.

Article 12 : Act of God

Neither party shall failed its contractual undertakings, insofar as their execution is delayed, hindered or prevented by a fortuitous event or act of God.

Any unavoidable events or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts shall be considered as fortuitous event or act of God.

The party affected by such circumstances shall notify the other party within ten working days following the date on which it will have been informed.

The two parties will get closer, within one month, unless impossibility due to act of God, to consider the impact of the event and agree on the conditions under which the contract will be continued.

If the act of God has more than three months of duration, these Terms may be terminated by the injured party.

Specifically are considered as act of Gods or fortuitous events, in addition to those usually retained by the jurisprudence of French courts:

  • The total or partial strikes, whether internal or external to the company, the blocking of the means of transportation or supplies for any reason whatsoever, governmental restrictions or legal, computer failures, earthquakes, fires, storms, floods, lightning;
  • Stopping of telecommunication networks or difficulties specific to telecommunication networks external to clients.

Article 13 : Privacy

In accordance with n ° 78-17 of the French law of January 6th 1978 addressing computing, files and personal information, the Client, the visitor and the recipient of an order of the site www.swoonshop.com at any time has a right of access, modification, readjustment and deletion of data processed by PB SA, and a right to object to processing of these data for direct marketing. By default, the Client can contact the Customer Service PB SA, with address details in the Contact section of the site www.swoonshop.com.

Personal data collected at any Customer's order are necessary for the management of the order by PB SA and its suppliers and may be used, subject to the rights exercised by the person concerned to inform it of the products or services provided by PB SA and / or its trading partners.

During the registration of the Client or an order, or in other specific operations, PB SA offers to the Customer or Visitor to be informed of www.swoonshop.com offers by e-mail, if he is not against it. PB SA offers to the Customer or Visitor to receive newsletters, emails and email events to promotional offers.

If the Customer or Visitor no longer wishes to receive information messages, he may at any time change its subscription via his personal account in the "My Account" on the site www.swoonshop.com or make Customer Service PB SA, with the coordinates given in the Contact section of the site www.swoonshop.com, or using the unsubscribe link contained at each bottom email sent by PB SA.

Through PB SA, the Customer or Visitor who has expressly given its prior consent, can receive by e-mail offers on products or services provided by trading partners of PB SA. Customer or Visitor may also change their choice at any time.

PB SA uses data collection systems such as cookies. A cookie is a file stored on the hard disk of the computer. Cookies are used to indicate a previous visit to the Customer or visitor to the site and connect the user's personal data left on the site, in particular the identification of the cart.

PB SA informs its customers that the processing of their personal information and / or personal use has been declared to the CNIL under N ° 1355482 of 31/03/2009.

For more information, customer or visitor can contact Customer Service at +33 (0) 1 44 59 62 20 (price of a call not surcharged) Monday to Friday, excluding holidays, from 10am to 1pm and 2pm to 6pm.

Article 14 : Intellectual property

All data of any kind, including text, graphics, logos, icons, images, illustrations, audio or video clips, trademarks, software ... including the underlying technologies used on the website www.swoonshop.com are necessarily protected by copyright, trademark law and any other intellectual property rights.

For this reason and in accordance with the provisions of the Intellectual Property Code, only the use for private use is allowed, subject to any different or more restrictive code of intellectual property.

The User undertakes under these conditions not to copy, summarize, modify, alter or redistribute without prior permission of PB SA, any text, title, application, software, logo, brand, information or illustration, for a purpose other than strictly private, without any representation for business purposes or in high replay. Similarly, the User undertakes not to copy all or part of the site on another site or a corporate network.

Any other use constitutes an infringement and is punishable under the Intellectual Property without prior authorization of PB SA. Total or partial reproduction of the catalog of the PB SA is strictly prohibited.

Any creation of hyperlink from a website to the site www.swoonshop.com shall have to be expressly authorized by PB SA. This link should be removed at PB SA’s request.

Article 15 : Entire conditions

A change in legislation, regulation or notification of a court judgement declaring one or more provisions of these General Terms and Conditions of sale null and void shall not affect the validity of these general Conditions of Sale. Such a change or observation could never allow the client to respect these general Terms and Conditions of Sale.
If a condition were not explicitly mentioned, it would be seen as governed by the procedures in force in the industry of e-commerce whose companies have headquarters in France.
The relationships between PB SA and the Client are exclusively governed by these Terms and Conditions to the exclusion of any other condition contained on the site www.swoonshop.com.

Article 16 : Duration and application

These conditions apply throughout the duration of online services offered by PB SA. PB SA reserves its right to modify or to change these general conditions of sale. However, in case of changes, the General Conditions of Sale applicable to the order placed by Customer on the Site PB SA are those accepted by the Client on the day of placing the order.

Article 17 : Applicable law and jurisdiction

The sales of PB SA are governed by French law. Any dispute that may arise regarding the existence, interpretation, performance or breach of contract between PB SA and the Client, even if there are several defendants, shall, failing agreement, shall be under the exclusive jurisdiction of Paris relevant courts.