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1. Purpose and acceptance
These Terms of Service govern access to and use of the website swoonesilk.com (the “site”), operated by ELOUAZZANI LLC, trading as Swoone (“we”, “us”), a shop powered by Shopify. By accessing and using the site, you accept these terms. They apply without prejudice to your mandatory rights as a consumer under the law of your country of residence, which prevail in all cases.
2. Identity of the publisher
The site is published by ELOUAZZANI LLC, a limited liability company organised under the laws of the State of Montana, USA, registered with the Montana Secretary of State under file number 17299910, principal office: 1001 S Main St, Ste 700, Kalispell, MT 59901-1498, United States. Contact: contact@swoonesilk.com · contact form: https://swoonesilk.com/pages/contact. Full details are in our Legal notice.
3. Access to the site and account
You agree to provide accurate and up-to-date information. You are responsible for keeping your login details confidential and for any activity carried out from your account. You can close your account at any time by contacting us. We may suspend or close an account in the event of a clear breach of these terms or of fraudulent or unlawful use, after informing the user where possible.
4. Products and information
We strive to present our products accurately. The colours and appearance you see may vary slightly depending on your screen and its settings. These display variations do not affect the conformity of the product delivered, which is guaranteed as provided by law. Product offers are valid while stocks last.
5. Orders and terms of sale
Any order placed on the site is governed by our Terms of Sale, which set out in particular the ordering process, prices, delivery, the passing of risk on delivery, the legal guarantee of conformity and the right of withdrawal. Returns and refunds are set out in our Refund Policy.
6. Intellectual property
All elements of the site (text, visuals, photographs, logos, the “Swoone” brand, visual identity, layout) are protected by intellectual property law and remain our exclusive property or that of our partners. Any reproduction, representation or use, in whole or in part, without our prior written permission is prohibited and may constitute an infringement. You may use the site for personal, non-commercial purposes only.
7. User reviews and contributions
If you post a review, a comment or any other content, you warrant that you hold the rights to it and that it is not unlawful, defamatory or in breach of the rights of others. You grant us a free, non-exclusive licence to use this content solely for the purposes of operating and promoting the site. We may remove any content that is clearly unlawful or contrary to these terms.
Reviews displayed on the site may come from third-party platforms and may originally have been published on other online shops. These reviews are imported without modification and are identified as such. Swoone does not verify the authenticity of each imported review and does not select, modify or delete any reviews in order to favour positive ones. The number of reviews and the average rating displayed include all the reviews collected, from all sources.
8. Third-party links and services
The site may contain links to third-party websites that we do not control. We are not responsible for their content or their practices. We encourage you to read their own terms and policies.
9. Site availability
We strive to keep the site available but cannot guarantee that it will be available without interruption. The site may be subject to maintenance or temporary interruptions, in particular for technical reasons.
10. Liability
We are liable in accordance with the law applicable to your use of the site or to your contract. We are not liable for losses that were not foreseeable, for losses caused by your own fault, or for events beyond our reasonable control (force majeure). Nothing in these terms limits or excludes 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.
11. Personal data
The processing of your personal data is described in our Privacy Policy, which complies with the GDPR and the UK GDPR.
12. Changes to these terms
We may amend these terms to reflect legal, regulatory or technical changes. The applicable version is the one in force on the date you use the site or place your order; changes do not apply retroactively to orders already placed.
13. Governing law and dispute resolution
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.
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.