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Article 1 – Identity of the seller
These terms of sale (the “Terms”) are entered into between:
(“we”, “us”), and any natural person acting as a consumer, for purposes outside their trade, business, craft or profession, who buys on swoonesilk.com (“you”).
Article 2 – Purpose and scope
These Terms govern the sale of the products offered on swoonesilk.com to consumers in the United Kingdom, Germany, Spain, Italy, the Netherlands and Poland. They are available on the site at any time, and you can save or print them. You accept them by ticking the box provided before confirming your order. They apply without prejudice to the mandatory rights you have under the law of your country of residence.
Article 3 – Products
We describe and present our products as accurately as possible. Photographs and visuals are for illustration. Slight variations in appearance or colour, in particular due to your screen and its settings, do not affect the conformity of the product. Offers are valid while stocks last.
Article 4 – Prices
Prices are shown in the currency displayed at checkout: pounds sterling (GBP) for the United Kingdom and euros (EUR) for the other countries, all taxes included. Delivery is free. Any import charges for the United Kingdom are shown before you pay. We may change our prices at any time; you pay the price shown when you confirm your order.
Article 5 – Order
You select your products, check your basket and confirm your order after accepting these Terms. Before confirming, you can check your order and correct any input errors. The sale is concluded once we have confirmed your order by email and your payment has been received. We may refuse or cancel an order for a legitimate reason, in particular if a product is unavailable, in the case of an obvious pricing error or if payment fails; any amount already paid is then refunded in full without delay. We keep a record of your order, and you can ask us for a copy at any time.
Article 6 – Payment
Payment is made in full when you place your order, by bank card or any other payment method offered at checkout. We do not offer payment in instalments or split payments. Transactions are secured by the site’s payment providers; we do not have access to your card details and do not store them. Your order is processed only once payment has been confirmed.
Article 7 – Shipping and delivery
We deliver to the address you provide in the following countries: the United Kingdom, Germany, Spain (mainland and the Balearic Islands only; we do not deliver to the Canary Islands, Ceuta or Melilla), Italy, the Netherlands and Poland. Products may be dispatched from France or from abroad.
Your order is prepared and dispatched within 24 to 48 working hours (excluding weekends and public holidays), then delivered within 5 to 7 working days (excluding weekends and public holidays) from dispatch. These times are indicative. Delivery is free and tracked.
Any import charges for the United Kingdom are shown before you pay.
We deliver no later than 30 days after the contract is concluded, unless we have agreed a different delivery time with you before your order. If we do not deliver on time, you may give us an additional period appropriate to the circumstances; if we still do not deliver within that period, you may terminate the contract and we will refund you without undue delay. You may terminate the contract immediately if we refuse to deliver or if delivery by the agreed date was essential (Article 18 of Directive 2011/83/EU; in the United Kingdom, section 28 of the Consumer Rights Act 2015).
The risk of loss of or damage to the products passes to you when you, or a third party you have chosen (other than the carrier), take physical possession of them (Article 20 of Directive 2011/83/EU; in the United Kingdom, section 29 of the Consumer Rights Act 2015).
Article 8 – Receipt
Please check the condition of your products when you receive them. If the parcel is damaged, or if a product is missing, faulty or not as described, please contact us as soon as possible at contact@swoonesilk.com so that we can find a solution. This check is for practical reasons only and does not limit your statutory rights.
Article 9 – Right of withdrawal
You have 14 days from receipt of the products (or of the last item, if your order is delivered in several parts) to withdraw from the contract, without giving any reason. You can do so by any clear statement, for example by email to contact@swoonesilk.com. If you withdraw because you changed your mind, you pay the cost of returning the goods. How to withdraw, the model withdrawal form and the refund conditions are set out in our Refund Policy. The right of withdrawal does not apply to goods made to your specifications or clearly personalised.
Article 10 – Legal guarantee of conformity
We are responsible for any lack of conformity of the goods (for example a defect, or a product that does not match its description) under the law of your country of residence:
In the European Union, you can first ask for the goods to be repaired or replaced; if this is impossible, disproportionate or not done within a reasonable time and without significant inconvenience, or if the lack of conformity is serious, you can ask for a price reduction or terminate the contract. In most cases, a defect that appears within the period set by the law of your country is presumed to have existed at delivery.
All remedies are free of charge for you. These rights are not affected by any commercial guarantee or trial offer. To exercise the legal guarantee, contact us at contact@swoonesilk.com.
Article 11 – Liability and force majeure
We are liable in accordance with the law applicable to your contract. Nothing in these Terms excludes or limits our liability where the law does not allow it, in particular for death or personal injury caused by our negligence, for fraud, for intentional or grossly negligent conduct, or under the legal guarantee of conformity. We are not liable for any failure or delay in performance caused by force majeure, that is, an event beyond our reasonable control that we could not have foreseen or avoided.
Article 12 – Personal data
Your personal data is processed in accordance with the GDPR, the UK GDPR and our Privacy Policy.
Article 13 – Intellectual property
All elements of the site and the “Swoone” brand are protected by intellectual property law. Any unauthorised reproduction is prohibited.
Article 14 – Complaints and disputes
If you have a complaint, please contact us first by email at contact@swoonesilk.com or through our contact form at https://swoonesilk.com/pages/contact. We will do our best to find a solution with you.
We are not obliged to take part, and do not take part, in dispute resolution proceedings before a consumer arbitration board.
You can get free help with a cross-border complaint: in the European Union, from the European Consumer Centre of your country (European Consumer Centres Network (ECC-Net)); in the United Kingdom, from the UK International Consumer Centre (www.ukecc.net); and internationally, via econsumer.gov.
Article 15 – Applicable law and courts
These terms are governed by the law of the country where you habitually reside, as we direct our activity to that country. If you live in the United Kingdom, this means the law of England and Wales, Scotland or Northern Ireland, depending on where you live. You may bring proceedings against us in the courts of your country of residence, and we can only bring proceedings against you in those courts (Article 6 of Regulation (EC) No 593/2008 “Rome I” and Article 18 of Regulation (EU) No 1215/2012; in the United Kingdom, the equivalent rules of UK law). Nothing in these terms deprives you of the protection of the mandatory provisions of the law of your country of residence.