General Terms and Conditions
www.poolday-paris.com is published by Swim Confection, SAS with capital of €1000, whose head office is located at 16 chemin des sablons, Gif sur Yvette, France, registered in the Evry Trade and Companies Register under number 844 255 075, including intra-community VAT number FR80844255075
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale “ CGV ” detailed below apply to all orders for products and services placed on our site www.poolday-paris.com “Poolday Paris” by any person (the “ Customer ”).
The Customer must read the T&Cs before placing any order , the T&Cs being available on the Site.
Swim Confection reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale being that appearing online on the site www.poolday-paris.com at the time of the order. Consequently, placing an order requires full prior and unreserved acceptance of the General Terms and Conditions by the Customer.
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.poolday-paris.com is an e-commerce site owned and operated by Swim Confection.
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by Swim Confection or its service providers, for the needs of its maintenance and/or security or in cases of force. major (as defined below). Swim Confection cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site.
Swim Confection does not guarantee that the site will be free of anomalies, errors or bugs, nor that the site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the site or its content. Swim Confection cannot be held responsible for data transmission, connection or network unavailability problems.
Swim Confection reserves the right to change the site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
The customer's registration on the site is validated by Swim Confection as soon as the customer receives a registration confirmation email.
When creating their account or purchasing as a visitor, the customer must ensure the accuracy and completeness of the data they provide. The customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Swim Confection cannot be held responsible for the impossibility of delivering Products.
By registering on the site, the customer declares and guarantees to Swim Confection that he is of legal age and has the legal capacity to contract.
Swim Confection may terminate Customer's account at any time, for any reason, in its sole discretion.
The products offered for sale are those described on the site on the day the customer consults the site, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever the origin, does not engage the responsibility of Swim Confection. As such, Swim Confection cannot be held responsible for the cancellation of an order for a product due to exhaustion of stocks.
Swim Confection takes the greatest care in the presentation and description of its products to best satisfy the customer's information. However, it is possible that errors may appear on the site, which the customer acknowledges and accepts.
Swim Confection does not guarantee the accuracy or security of the information transmitted or obtained through the site.
It is possible that the customer receives following an order a part previously returned by another person. It is specified that Swim Confection only accepts the return of intact and unworn products, these two conditions being checked before returning the returned products to stock.
Taking an order on the site is subject to compliance with the procedure set up by Swim Confection on the site including successive steps leading to validation of the order.
The customer can select as many Products as he wishes which will be added to the basket (the “ basket ”). The basket summarizes the products chosen by the customer as well as the prices and related costs. The customer can freely modify the basket before confirming their order. Validation of the order constitutes confirmation of the customer's acceptance of the T&Cs, the products purchased, their price as well as the associated costs.
A confirmation email summarizing the order (product(s), price, quantity, etc.) will be sent to the customer by Swim Confection. To this end, the customer formally accepts the use of email for confirmation by Swim Confection of the content of his order.
VI. REFUSAL TO PROCESS AN ORDER
Swim Confection reserves the right to withdraw any product displayed on the site at any time and to replace or modify any content or information appearing on the site. Despite Swim Confection's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the customer the confirmation email summarizing the order.
Swim Confection cannot be held liable to the customer or a third party for the harmful consequences of removing a product from the site, or of replacing or modifying any content or information appearing on this site, or of refusing to process an order. after sending the confirmation email summarizing the order.
Swim Confection also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over payment for a previous order.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the site in euros including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Swim Confection reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability.
The products are payable in cash when the order is actually placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider Payzen by Lyra with 3D Secure.
Paypal (Europe) S.à.rl et Cie , is a Luxembourg partnership limited by shares, registered with the Luxembourg RCS under number B118349, whose head office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com
Payzen, for any information, the Customer can consult the following website:https://payzen.eu
The Customer expressly acknowledges that the communication of his bank card number to Swim Confection constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by Swim Confection to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Swim Confection constitutes proof of the Order and all past sales. The data recorded by Paypal or Payzen constitutes proof of any financial transaction between the Customer and Swim Confection.
Deliveries are ensured from Monday to Friday, depending on the option chosen by the Customer when validating their Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “ Delivery ”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order and on the product sheets in “Delivery and returns”.
When Swim Confection takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Swim Confection.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or to post office boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point, no reshipment can be carried out and the Customer will be reimbursed within a period of fourteen (14) days from receipt of the Order by Swim Confection, which will deduct from the reimbursement the costs of returning the goods.
Swim Confection delivers Orders within a maximum period of principle of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for international Delivery, this period being counted from the first working day after validation of the order. The day after a collection is put online, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Swim Confection cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, Swim Confection cannot be held responsible for the damaging consequences resulting from a delay in delivery, only reimbursement of the Product by Swim Confection being possible to the exclusion of any other form of compensation.
Deliveries can also be made by Parcel Relay, subject to acceptance of the parcel by the selected Parcel Relay.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal from Swim Confection , without having to justify their decision.
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the return slip provided by Swim Confection, without undue delay and, at the latest, within fourteen (14) days following communication of their decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with all its labels. To make a return, the Customer must follow the procedure indicated on the return slip received with their Order. The return of Products is not covered by Swim Confection.
The return of Products is the responsibility of the Customer and is done at their own risk.
9.3. Reimbursement of Products returned within the framework of the right of withdrawal
Swim Confection will reimburse the Order no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the reimbursement occurs provided that Swim Confection has been able to recover the Products subject to the return and the reimbursement request.
Swim Confection makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless expressly agreed by the Customer to use another means of payment and to the extent that the reimbursement does not cause no cost to the consumer.
The refund of an order paid with an e-gift card, a gift card or a credit will be automatically refunded as a credit.
If the Customer fails to comply with these General Terms and Conditions, Swim Confection will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of Swim Confection if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. WARRANTIES - LIMITATION OF LIABILITY
Swim Confection's liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Swim Confection will under no circumstances be liable for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of planned savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
Swim Confection provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or to interfere with the proper functioning thereof, including any transmission resulting from a download of any content made by the Client, the software used by the Client to download the content, the Site or the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
Swim Confection is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Swim Confection guarantees consumers against lack of conformity and hidden defects for the Products sold on the Site under the following conditions:
Apparent defect - Guarantee - Legal conformity - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by email ( firstname.lastname@example.org )
The Customer must comply with the procedure relating to the right of withdrawal by informing Swim Confection in advance by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to validation of non-conformity or a hidden defect by Swim Confection or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Swim Confection, whose head office is located at 16 chemin des sablons 91190 Gif sur Yvette, France, acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Thus the Customer:
- benefits from a period of two (2) years from the delivery of the Product to act in the event of lack of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.
The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. social network of Swim Confection, after sending an e-mail indicating the reason for the return of the Product.
For all purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: “ The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “ Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “ The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Art. L217-9 of the Consumer Code: “ In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “ The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »
Art. L217-12 of the Consumer Code: “ The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »
Art.1642 of the Civil Code: “ The seller is not liable for apparent defects of which the buyer was able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Art. 1646 of the Civil Code: “ If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) »
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, Swim Confection will inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Swim Confection or the Customer without compensation to either party. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
No tolerance, inaction or inertia on the part of Swim Confection may be interpreted as a waiver of its rights under the General Terms and Conditions.
XIII. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of Products is subject to French law.
In the absence of amicable resolution, any dispute relating to the interpretation of the T&Cs, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of agreement amicably, to the legally competent courts.
Please note that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from computer contamination. possible viruses circulating on the Internet.
Swim Confection, simplified joint stock company, with capital of €1,000, registered in the Evry Trade and Companies Register under number 844 255 075, whose head office is located at 16 chemin des sablons, Gif sur Yvette, France.
The publication director is Marc Desvignes, legal representative of Swim Confection.
III. DESIGN AND PRODUCTION
IV. PERSONAL DATA
All information in your Account is only used within the framework of your commercial relationship with www.poolday-paris.com . This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner Payzen.