www.poolday-paris.com is published by Swim Confection, an SAS with a capital of €1000, whose registered office is located at 39 rue Dauphine, 75006 Paris, France, registered with the Paris Trade and Companies Register under number 844 255 075, and whose intra-community VAT number is FR80844255075

I.       APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale ("GTC") detailed below apply to all orders for products and services placed on our website www.poolday-paris.com "Poolday Paris" by any person (the "Customer").

The Customer must read the GTC prior to placing any order, the GTC being available on the Website.

Swim Confection reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is that appearing online on the www.poolday-paris.com website at the time of the order. Consequently, placing an order implies the Customer's prior and unreserved acceptance of the GTC.

II.       WEBSITE INFORMATION AND ACCESSIBILITY

www.poolday-paris.com is an e-commerce website owned and operated by Swim Confection.

The Website is accessible to all internet users, in principle 24/7, except for interruptions, scheduled or not, by Swim Confection or its service providers, for maintenance and/or security purposes or in cases of force majeure (as defined below). Swim Confection shall not be held liable for any damage, of whatever nature, resulting from the unavailability of the website.

Swim Confection does not guarantee that the website will be free of anomalies, errors or bugs, nor that the website will operate without breakdowns or interruptions. In this respect, it may freely and at its sole discretion determine any period of unavailability of the website or its content. Swim Confection cannot be held responsible for data transmission, connection or network unavailability problems.

Swim Confection reserves the right to evolve the website, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the changes, but their acceptance is not requested.

III.       REGISTRATION ON THE WEBSITE

The customer's registration on the website is validated by Swim Confection as soon as the customer receives a registration confirmation email.

When creating an 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 their personal information. In the event of an error in the recipient's contact details, Swim Confection cannot be held responsible for the impossibility of delivering Products.

By registering on the website, the customer declares and guarantees to Swim Confection that they are of legal age and have the legal capacity to enter into a contract.

Swim Confection may delete the customer's account at any time, for any reason, at its sole discretion.

IV.       PRODUCTS

The products offered for sale are those described on the website on the day of the customer's consultation of the website, subject to stock availability. These indications are updated automatically in real time. However, an update error, whatever its origin, does not engage the responsibility of Swim Confection. In this respect, Swim Confection cannot be held responsible for the cancellation of an order for a product due to stock depletion. 

Swim Confection takes the greatest care in the presentation and description of its products to best inform the customer. However, it is possible that errors may appear on the website, which the customer acknowledges and accepts.

Swim Confection does not guarantee the accuracy or security of the information transmitted or obtained through the website.

It is possible that the customer may receive, following an order, an item 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 the returned products are put back into stock.

V.       ORDERS

Placing an order on the website is subject to compliance with the procedure set up by Swim Confection on the website, which includes successive steps leading to the validation of the order.

The customer can select as many Products as they wish, which will be added to the cart (the "panier"). The cart summarizes the products chosen by the customer, as well as their prices and related costs. The customer can freely modify the cart before validating their order. The validation of the order constitutes confirmation of the customer's acceptance of the GTC, the products purchased, their price, and 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 electronic mail for the confirmation by Swim Confection of the content of their order. 

VI.       REFUSAL TO PROCESS AN ORDER

Swim Confection reserves the right to withdraw any product displayed on the website at any time and to replace or modify any content or information appearing on it. Despite Swim Confection's best efforts to meet its customers' expectations, it may be necessary to refuse to process an order after sending the customer the confirmation email summarizing the order.

Swim Confection shall not be liable to the customer or a third party for any harmful consequences resulting from the withdrawal of a product from the website, or from the replacement or modification of any content or information appearing on this website, or from the refusal 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 regarding the payment of a previous order. 

VII.       PRICES AND PAYMENT METHODS

Product prices are indicated on the website in euros, including VAT, but excluding customs duties and other taxes. Customs duties 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 change its prices at any time, but products will be invoiced on the basis of the rates in force at the time of order registration and payment, subject to availability.

Products are payable in cash upon actual order.

Payment for purchases is made either via Paypal or via the secure platform of our payment provider Stripe.

Paypal (Europe) S.à.r.l. et Cie, is a Luxembourgish limited partnership with share capital, registered with the R.C.S. of Luxembourg under number B118349, whose registered 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

Stripe, for any information, the Customer can consult the following website: https://stripe.com

The Customer expressly acknowledges that providing their bank card number to Swim Confection constitutes authorization to debit their Account for the price of the Products ordered. If applicable, a notification of order cancellation for non-payment will be sent to the Customer by Swim Confection at the email address provided by the Customer during registration on the Website.

The data recorded and stored by Swim Confection constitute proof of the Order and all sales made. The data recorded by Paypal or Payzen constitute proof of any financial transaction between the Customer and Swim Confection.

VIII.       DELIVERY

Deliveries are made from Monday to Friday, depending on the option chosen by the Customer when validating their Order.

Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").

The Delivery costs applicable to the Order are those mentioned on the Website at the time of the Order and on the product sheets under "Delivery and Returns".

When Swim Confection is responsible for the transport of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.

By way of exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the carrier 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 Customer's residential address, that of a natural person of their choice or that of a legal entity (delivery to their company). Delivery cannot be made to hotels or post office boxes.

In the event of impossibility of Delivery, due to an incorrect delivery address or the Customer's failure to collect their Order from the selected pick-up point, no re-shipment can be made and the Customer will be reimbursed within fourteen (14) days from the receipt of the Order by Swim Confection, which will deduct the return shipping costs from the reimbursement.

Swim Confection delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for international Delivery, this period being calculated from the first working day after validation of the Order. The day after a collection is launched 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 met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

Swim Confection cannot be held responsible for transport delays not attributable to it or justified by a case of force majeure (as defined below).

In the event of exceeding the Delivery period, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days from their request to this effect, the reimbursement of the sums paid at the time of the Order. Notwithstanding the foregoing, Swim Confection cannot be held responsible for the harmful consequences resulting from a transport delay, only the reimbursement of the Product by Swim Confection being possible, to the exclusion of any other form of compensation.

Deliveries can also be made to Relay points, subject to the acceptance of the parcel by the selected Relay point.

IX.       RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

9.1. Deadline and procedures 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 with Swim Confection, without having to give reasons for their decision.

9.2. Procedures for returning the Order under 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 the communication of their decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.

Beyond this fourteen (14) day period, 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 at the Customer's expense and risk. 

9.3. Refund of Products returned under the right of withdrawal

The refund of the Order by Swim Confection will be made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.

However, the refund will be made provided that Swim Confection has been able to retrieve the Products subject to the return and the refund request.

Swim Confection will make the refund using the same payment method that was used for the payment of the Order, unless the Customer expressly agrees for it to use another payment method and provided that the refund does not incur costs for the consumer.

The refund for an order paid with an e-gift card, a gift card, or a credit note will be automatically refunded as a credit note. 

In the absence of compliance by the Customer with these GTC, Swim Confection cannot proceed with the refund of the Products concerned. In all cases, the return costs are borne by 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 for any Product purchased on the Website is strictly limited to the purchase price of said Product. Swim Confection shall under no circumstances be liable for the following losses, regardless of their origin:

-       loss of income or sales
​-       loss of business
​-       loss of profits or contracts
​-       loss of anticipated savings
​-       loss of data
​-       loss of working time or management time
​-       damage to reputation
​-       loss of opportunity, including the opportunity to order a Product,
​-       moral damage.

The documents, descriptions, and information relating to the Products appearing on the Website are not covered by any warranty, explicit or implicit, with the exception of the warranties provided 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 the functionality of a computer or interfere with its proper operation, including any transmission resulting from a download of any content performed by the Customer, the software used by the Customer to download the content, the Website, or the server that allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer equipment and any other device to protect them against any such harmful bug, virus, or other programming routine.

The Customer acknowledges assuming all risks related to any content downloaded or otherwise obtained through the use of the Website and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from the download of such content.

Swim Confection is only obliged to deliver Products that comply with the contractual provisions. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Website; (ii) they must be suitable for the purposes for which products of this kind are generally intended; (iii) they must meet the criteria of quality and resistance that are generally accepted for products of the same kind and that can reasonably be expected.

In addition, Swim Confection guarantees consumers against conformity defects and hidden defects for Products sold on the Website under the following conditions:

Apparent defect - Warranty - Legal conformity - Hidden defects

The presence of an apparent defect on a Product must give rise to a claim by email (contact@poolday-paris.com)

The Customer must comply with the procedure relating to the right of withdrawal by first informing Swim Confection, by any means, of the existence of this apparent defect, so that the return can be accepted. 

Subject to the validation of a 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, with its registered office at 39 rue Dauphine, 75006 Paris, 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 Client:
- benefits from a period of two (2) years from the delivery of the Product to act in case of non-conformity of the Product,
- is exempted from proving the existence of the defect of conformity of the good during the six (6) months following the delivery of the Product,
- can choose between the repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Client may also invoke the legal guarantee for hidden defects of the sold item, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Client, within two years of the discovery of the defect, to be reimbursed for a Product that has proven unfit for its intended use.

The hidden defects guarantee allows the Client to be protected against hidden defects of the purchased Product that prevent its use or affect it to such an extent that the Client would not have purchased it.

The Client then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund 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 a copy of the complaint to the registered office of Swim Confection, after sending an email indicating the reason for the return of the Product.

For all practical 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 any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility."

Art. L217-5 of the Consumer Code: "The good conforms to the contract: 1° If it is fit for the use ordinarily expected of a similar good and, where appropriate (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 has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or 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 seller's attention and which the latter has accepted."

Art. L217-7 of the Consumer Code: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the goods or the alleged defect of conformity."

Art. L217-8 of the Consumer Code: "The buyer is entitled to demand conformity of the goods to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates from materials he himself supplied."

Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Art. L217-10 of the Consumer Code: "If the 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 a part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for him taking into account the nature of the goods and the use he seeks. However, the cancellation of the sale cannot be pronounced 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 to the buyer. These same provisions do not preclude the award of damages."

Art. L217-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."

Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

Art. 1641 of the Civil Code: "The seller is bound by the warranty on account of hidden defects in the thing sold that render it unfit for the use for which it was intended, or that diminish this use so much that the buyer would not have acquired it, or would only have given a lower price for it, had he known of them."

Art.1642 of the Civil Code: "The seller is not bound by apparent defects that the buyer could have ascertained for himself."

Art. 1643 of the Civil Code: "He is bound by hidden defects, even if he was unaware of them, unless, in that case, he stipulated that he would not be obliged to any warranty."

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 of keeping the thing and having a part of the price refunded."

Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the buyer for the costs occasioned by the sale."

Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. (...)"

Force Majeure

In the event of a force majeure event preventing the execution of these GTC, Swim Confection will inform the Client 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 events, in addition to those usually recognized by the jurisprudence of French courts, total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer breakdown, telecommunications blocking, 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 entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of Swim Confection or the Client without compensation from either party. Non-payment by the Client cannot be justified by a case of force majeure.

XI. PARTIAL INVALIDITY

If one or more stipulations of these GTC 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 scope.

XII. NON-WAIVER

No tolerance, inaction, or inertia on the part of Swim Confection may be interpreted as a waiver of its rights under the GTC.

XIII. MEDIATION - APPLICABLE LAW – COMPETENT JURISDICTION

The sale of Products is subject to French law.

In the absence of an amicable resolution, any dispute relating to the interpretation of the GTC, the execution or termination of a sale, the interpretation, execution or termination hereof, shall be submitted, in the absence of an amicable agreement, to the legally competent courts.

LEGAL INFORMATION

It is recalled 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 contamination by possible viruses circulating on the Internet.

I. PUBLISHER

Swim Confection, a simplified joint-stock company, with a capital of €1000, registered with the Paris Trade and Companies Register under number 844 255 075, with its registered office at 39 rue Dauphine, 75006 Paris, France.

The publication director is Marc Desvignes, legal representative of Swim Confection.

Contact: contact@poolday-paris.fr

II. HOST

Shopify

III. DESIGN AND PRODUCTION

Julia Desvignes

IV. PERSONAL DATA

All information in your Account is used only in the context 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 our partner Stripe's secure payment module.