Terms of sale

Article 1. Preamble

Swan Paris, a single-shareholder simplified joint-stock company, with a share capital of €3,000, registered with the Paris Trade and Companies Register under number RCS 899 782 684, whose registered office is located at 12, rue du Sentier – 75002 Paris (hereinafter referred to as the “Company”), publishes the website accessible electronically at the following URL: https://www.swanparis.com/ . Contact details: Tel.: +33 (0)7 87 29 87 01 Email address: ag.gremmel@gmail.com This website is exclusively intended for retail and wholesale sales and is designed to provide individuals, as final consumers, with men’s ready-to-wear clothing and accessories. Any use of the services offered on the website implies that the client has consulted, understood, and accepted these general terms and conditions. The client declares having obtained all necessary information regarding the use of the website and the quantitative and qualitative characteristics of the services offered therein.

Article 2. Definitions

The terms defined below shall have the following meanings between the parties: “Articles”: clothing and accessories of the SWAN PARIS brand offered for sale on the website, subject to available stock, or manufactured specifically at the client’s request according to the options offered on the website; “Client”: the person having full legal capacity who places an order on the website as a final consumer; “Company”: the company that publishes the website https://www.swanparis.com/ and offers for sale the articles available on said website; “Party”: individually refers to either the Company or the Client, and collectively refers to both the Company and the Client together; “Website”: the website accessible at https://www.swanparis.com/ published by the Company; “User”: any person using the website, whether as a simple Internet user or as a client.

Article 3. Purpose

These general terms and conditions are intended to define the conditions and procedures for the sale of articles offered by the Company on the website. They govern all stages necessary for placing and monitoring an order between the contracting parties. They define in particular the rights and obligations of the Company and those of the Client.

Article 4. Enforceability of the General Terms and Conditions

These general terms and conditions are enforceable upon acceptance by the Client. The Company reserves the right to adapt or modify these general terms and conditions at any time. They shall then apply to orders placed after they are published online. In any event, the version of the general terms and conditions of sale enforceable against the Client is the one accepted by the Client at the time the order is validated. The online documents accepted at the time of the order shall prevail over any earlier paper or electronic versions. The general terms and conditions are permanently accessible on the website.

Article 5. Conditions of Access and Website Security

5.1 Access to the Website

Access to the website is free and open to any user with Internet access. All costs related to access, whether hardware, software, or Internet access costs, are borne exclusively by the user. The user alone is responsible for the proper functioning of their computer equipment and Internet access. The Company cannot be held responsible for the proper functioning of the user’s computer equipment or Internet access. The Company reserves the right to supplement or modify the website and the services available thereon at any time, in accordance with technological developments.

5.2 Security

The Company acknowledges that all personal data is subject to compliance with the applicable legal framework governing personal data security. The Company undertakes to take all necessary measures to ensure the security of personal data processing, in compliance with data protection regulations.

Article 6. Client Account

6.1 Creation of a Client Account

Placing an order as detailed below may optionally be carried out through a client account. To create a client account, the client will be required to provide a username, a password, and a valid email address. The client guarantees the accuracy of the information provided for the purposes of registration. Once the form has been validated, a confirmation email will be sent to open the client account.

6.2 Client Account and Password

The Client is solely responsible for safeguarding and maintaining the confidentiality of their username and password, which are strictly personal, and undertakes to take all useful measures to ensure such confidentiality, including changing them regularly. The Client is solely responsible for any use made under their password until they have requested a change under the conditions described above. The Company cannot be held liable in the event of fraudulent or abusive use, or use resulting from voluntary or involuntary disclosure of the Client’s login credentials and/or passwords.

6.3 Deletion of the Client Account

The creation of a client account is free of charge. It may be closed at any time by the client by sending an email to the following address: ag.gremmel@gmail.com . Such deletion, whether initiated by the client or by the Company, results in the deletion of all information related to the client account, without the client being entitled to claim any prejudice in this respect. Only data necessary for accounting documents and supporting records will be retained in accordance with applicable provisions to enable the Company to meet its legal and regulatory obligations.

Article 7. Articles

The articles offered for sale by the Company are those displayed on the website on the day it is consulted by the Client. Articles are offered subject to available stock or may be manufactured at the Client’s request according to the options available on the website. As part of the sale of articles, the Company provides descriptions in the form of product sheets. Each product sheet includes photographs, price, available sizes and models, descriptions, and specific characteristics of the articles. The Client is solely responsible for their choice of articles and their suitability for their needs, such that the Company cannot be held liable in this respect. The Company reserves the right, at any time, to remove any article from the website and/or modify product descriptions.

Article 8. Ordering Articles

8.1 Order Process

Use of the services implies full and complete acceptance of these general terms and conditions by checking the box provided for this purpose. Placing an order includes the following steps: Step 1: optional prior identification of the client via their client account by entering their username and password; Step 2: selection of one or more articles on the website; Step 3: filling the shopping cart; Step 4: clicking “Validate my cart” to confirm the cart or “Update cart” to modify the order; Step 5: choosing the billing address, delivery address, delivery method, and payment method. The personal information required to process and deliver the order is mandatory. Step 7: final acceptance of the order by clicking “ORDER” and checking the box accepting the general terms and conditions in force on the day of the order; Step 8: payment of the order. Any order is subject to prior acceptance by the Company. The Company accepts the client’s order by sending, within a reasonable period following the placement of the order and at the latest upon delivery of the ordered article, a summary email including in particular the chosen delivery method and the total amount of the order, containing: the price including all taxes; the invoice; a reminder of the shipping timeframe. The Company cannot be held responsible for input errors preventing delivery of the confirmation email. The order will only be processed after payment has been accepted. Any payment rejection will result in cancellation of the order, the client being informed accordingly, and the service not being performed. The Company reserves the right not to validate an order in the event of: unavailability of a requested article; outstanding payment or dispute relating to a previous order; abnormal or abusive exchanges and returns. In such cases, no charge corresponding to the ordered articles will be made.

8.2 Order Tracking

For any questions relating to order tracking, the client may consult their client account on the website or contact the Company by telephone at +33 (0)7 87 29 87 01 or by email at ag.gremmel@gmail.com .

Article 9. Prices

Article prices are indicated in euros, all taxes included. They take into account Value Added Tax (VAT) in force on the day of the order and any other applicable taxes. Prices are valid only for the period during which they are displayed on the website. The Company may modify sales prices at any time. Any such modification will be indicated to the Client prior to placing an order. Before confirmation of the order by the Client, the total amount of the order including all taxes (TTC) will be indicated. The prices of the articles do not include communication costs related to use of the website, which remain the responsibility of the Client, nor delivery costs. Delivery costs will be indicated before final acceptance of the order.

Article 10. Payment

To pay for the order, the Client may choose from the payment methods offered by the Company. The only accepted payment methods are: bank cards: CB, Visa, Mastercard, and American Express; payment accounts: PayPal, Google Pay, Apple Pay. Payment is made online in a single installment at the time of the order.

Article 11. Delivery

11.1 Principles

Delivery refers to the transfer to the Client of physical possession of the ordered article. Delivery will be carried out according to various methods indicated at the time of the order and at the discretion of the Company. Delivery costs and terms are presented on the website. The Client will be informed by email, sent to the address provided in their client account or on the online form, of the shipment of the ordered articles.

11.2 Transfer of Risk

Any risk of loss or damage to the articles is transferred to the Client at the time when the Client, or a third party designated by the Client other than the carrier proposed by the Company, physically takes possession of the ordered articles.

11.3 Delivery Times, Costs, and Locations

The order will be delivered on the date or within the timeframe indicated to the Client, subject to full payment of the price. Delivery times are specified to the Client at the time of ordering, according to the delivery address provided and the delivery method chosen by the Company. Delivery costs are added to the total price of the order. Articles are delivered to the address indicated by the Client when placing the order.

Article 12. Returns

12.1 Right of Withdrawal

12.1.1 Timeframe and Scope

The Client has a legal withdrawal period of fourteen (14) calendar days from receipt of the articles to declare their intention to exercise this right of withdrawal, free of charge and without having to justify their decision. This withdrawal period begins on the date the Client physically takes possession of the article(s). For orders involving several articles delivered separately, or orders for an article consisting of multiple lots or parts delivered over a defined period, the period begins on receipt of the last article, lot, or part. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day. The right of withdrawal may be exercised without penalty, except for return shipping costs, which are borne by the Client. The Client may also request an exchange within the same fourteen (14) day period, subject to stock availability.

12.1.2 Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the Client must notify the Company of their decision by an unambiguous statement expressing their intention to withdraw, sent by email to: ag.gremmel@gmail.com . An acknowledgment of receipt of the withdrawal will be sent to the Client by the Company without delay by email. The Client must complete the withdrawal form available for download online at the following address (hyperlink to be completed) and return it with the articles sent back by post. To meet the withdrawal deadline, it is sufficient for the Client to send their request before the withdrawal period expires.

12.1.3 Returns, Exchanges, and/or Refunds

To return an article, the Client must send the articles back to the Company without undue delay and no later than fourteen (14) days from the date on which the Client communicated their decision to withdraw. The direct costs of returning the articles are borne by the Client, who also assumes the associated risks. The Client is informed that return costs are their responsibility and may vary depending on the method chosen. The Client is informed that they will be liable for any depreciation of the article resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the articles. Articles must therefore be returned: in new condition and in their original packaging; accompanied by the return form downloadable at the following URL: (hyperlink to be completed); undamaged and complete; not damaged or soiled beyond simple trial use; without stains, perforations, tears, burns, discoloration, or deformation. If the Client exercises their right of withdrawal, the Company will reimburse all sums paid, excluding delivery costs, without undue delay and, in any event, no later than thirty (30) days from receipt of the articles by the Company. The Client is responsible for retaining proof of postal dispatch. The refund will be made using the same payment method used by the Client for the initial transaction, unless the Client has expressly agreed otherwise. In any event, this refund will not incur any fees for the Client.

Article 13. Customer Service

Customer service is available to provide information regarding order tracking, exercise of the right of withdrawal, or the application of guarantees. Requests for information may be submitted in writing and sent to customer service at the following email address: (.)@gmail.com. The Client may also contact customer service by telephone at +33 (0)7 87 29 87 01, Monday to Friday, from 10:00 a.m. to 6:00 p.m.

Article 14. Intellectual Property

These terms do not entail any transfer of any property rights, in particular intellectual property rights, relating to elements belonging to the Company for the benefit of the Client, who in any event refrains from any act or conduct likely to directly or indirectly infringe the Company’s intellectual property rights. In this respect, it is specified that the content of the website, its general structure, as well as trademarks, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, and all other elements composing the articles and the website or any other information appearing therein, without this list being exhaustive, are the exclusive property of the Company or partners or third parties who have granted it a license, and are protected by intellectual property rights recognized or to be recognized under applicable laws. Any reproduction and/or representation, in whole or in part, of any of these elements without the express authorization of the Company is prohibited and would constitute, in particular but not exclusively, an infringement punishable under the provisions of the Intellectual Property Code.

Article 15. Force Majeure

The Company cannot be held liable for non-performance of these terms due to a case of force majeure (including, but not limited to, disruption or total or partial strikes, in particular of postal services and means of transport or communication). Furthermore, the Company cannot be held responsible where improper performance or non-performance of these terms is attributable to an unforeseeable and unavoidable act of a third party or to the Client’s actions. This article shall survive termination of these terms, regardless of the reason.

Article 16. General Provisions

16.1 Language

These general terms and conditions are drafted in French. If they are translated into a foreign language, the French version shall prevail in the event of dispute, litigation, difficulty of interpretation or performance, and more generally in relation to the relationship between the Company and the Client.

16.2 Entire Agreement

These terms express the entirety of the obligations of the parties.

16.3 Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and scope.

Article 17. Applicable Law

These general terms and conditions are governed by French law, both as to substantive and procedural rules, notwithstanding the place of performance of substantial or ancillary obligations, subject to mandatory provisions applicable to the Client in their capacity as a consumer.

Article 18. Dispute Resolution

Where the Client is a consumer, they are informed by the Company of the possibility, in the event of a dispute relating to these general terms and conditions, to resort to consumer mediation in accordance with the conditions set out in Title I of Book VI of the Consumer Code.

Article 19. Jurisdiction

In the event of a dispute relating to the interpretation or performance of these general terms and conditions, the competent jurisdiction shall be determined in accordance with the rules of common law governing relations between a consumer and a professional. Date of last update: Thursday, June 3, 2021