1. These terms and conditions of sale will govern the agreement between SWINNIS and you (the "Customer") when you purchase goods (the “Goods”) from SWINNIS through the website www.swinnis.com (the "Website").
2. Use of the website
By using the Website and placing orders online, you, as the Customer, agree:
- To use the Website for browsing or placing legally valid orders.
- Not to place false or fraudulent orders.
If your payment is authorized, you will receive an acknowledgment email confirming receipt of your order. Except in the circumstances described in the sections 2.3 and 2.4, the acknowledgement email confirming receipt of your order constitutes SWINNIS acceptance of your order and will be deemed to be a binding contract between you and SWINNIS.
It is advisable that you print out and/or save a copy of the Terms and Conditions when you place an order with us, as well as a copy of the acknowledgment email confirming receipt of your order.
SWINNIS reserves the right to change and update these Terms and Conditions without notice at any time. Changes and updates to these Terms and Conditions will be published and available to Customers on the Website at all times. Please also bear in mind that the Terms and Conditions of Sale applicable to your order cannot be changed once you receive the acknowledgment email from SWINNIS confirming receipt of your order.
2.2 Availability of Goods
Successful completion of your online order is subject to the availability of Goods. SWINNIS makes its best efforts to ensure the availability of all Goods sold on its Website.
If the Goods you have ordered are not available you will be immediately informed by email and reimbursed the price paid within same method of payment you did the acquisition.
2.3 Verification of data
Before your order is processed, SWINNIS may check the information provided.
In case of suspected fraud, SWINNIS may conduct a partially automatic check of all purchases in order to filter purchases considered to be abnormal or suspicious or suspected of fraud.
Any suspected fraud will be investigated and the Customer may be reported to the competent authorities, which may then take action against the Customer.
The prices and offers on the Website are inclusive of tax, but exclude shipment costs, which will be added to the total amount due and indicated at the time the order is placed.
The prices and offers on the Website are only valid for orders placed online through the Website.
Prices are expressed in Americans Dollars.
3.1 Method of payment
To pay for your order, you may use any of the following credit or debit cards: Visa, MasterCard, American Express and PayPal.
Your card will be charged upon confirmation of your order.
4. Delivery: Where and when
Deliveries are made Monday to Friday. There will be no deliveries on weekends or local holidays. Orders can only be delivered to home or PO Boxes addresses.
For the purposes of these Terms and Conditions of Sale, it will be considered that “delivery” has taken place or that a shipment has been “delivered” when the Customer is in possession of the Goods.
4.1 Delivery times
Orders are usually delivered 4 to 8 working days from the order confirmation date. Delivery dates are normally met. Although SWINNIS cannot guarantee specific delivery dates, every effort is made to deliver orders within thirty (30) days of the date of the acknowledgement email confirming receipt of the order, at the latest. Once your order has been dispatched, you will receive an email with the expected delivery date.
If your order is not delivered within thirty (30) days after your order is ready for delivery, for causes not attributable to SWINNIS, we will consider that you no longer wish to receive the order. As a result, we will refund all sums, including shipment fees, within fourteen (14) days of the date on which we consider the order as cancelled.
Shipment fees are applied to every order.
Shipment fees depend on the method of delivery you choose and the postal code of your shipping address.
6.1 According to their terms and conditions, promotion codes are applied to one item only or to benefit from a discount in your order within the period for which they are valid.
6.2 Promotion codes are personal and non-transferable. They can only be used for online purchases. You are not allowed to sell, exchange or assign promotion codes. Promotion codes cannot be uploaded or shown on websites or other media for the purposes of making them available to the public, presenting them as gifts, selling them or making other exchanges. Promotion codes cannot be used for commercial purposes.
6.3 You can only use one promotion code per item and order. Promotion codes cannot be combined with other offers or special promotions.
6.4 Promotion codes cannot be exchanged for money.
6.5 SWINNIS has no obligation whatsoever to re-issue or return promotion codes. However, if SWINNIS decides, at its own discretion, to re-issue or return a promotion code, you will need to present a copy of your promotion code. Always keep a copy of your promotion codes, as you will be asked to present them in order to benefit from promotion code re-issues or returns.
6.6 SWINNIS reserves the right to immediately cancel a promotion code if it is suspected that the promotion code is being used incorrectly or in violation of any of the previous conditions or if there is sufficient cause to cancel it.
7. Validity of offers
Promotional offers shown on the Website to increase the sale of certain Goods are only valid while shown on the Website, unless otherwise specified on the Website.
8.1 These Terms and Conditions of Sale describe all of the obligations and the liability of SWINNIS in connection with the supply of Goods. No other guarantees, conditions or terms will be binding upon SWINNIS, with the exception of those expressly contained in these Terms and Conditions of Sale.
8.2 Subject to the provisions of section 8.4, the maximum aggregate liability of either Party to the other in relation to any type of claims or claims associated with these Terms and Conditions of Sale, whether in contract, warranty, condition, tort, strict liability, statute or otherwise, ARE LIMITED TO THE AMOUNT PAID TO SWINNIS FOR THE GOOD IN QUESTION.
8.3 Subject to the provisions of section 8.4, UNDER NO CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE WILL EITHER PARTY BE HELD LIABLE BY THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES.
8.4 Nothing in these Terms and Conditions of Sale limits or excludes SWINNIS’S liability for (i) death or injuries caused as a result of SWINNIS’S negligence, (ii) fraud, (iii) breach of obligations under the domestic laws in force, or (iv) any liability which cannot be excluded by law.
You are informed that your personal details will be stored on databases owned by SWINNIS and processed for the following purposes: commercial activities, Customer-related advertising and commercial research, including the submission (by postal or electronic mail or other electronic means) of commercial messages related to goods, services, offers, promotions and news of the SWINNIS Group.
For purposes directly related to the processing of personal details, you agree that SWINNIS may assign your personal details to other companies of the SWINNIS Group or to associated companies providing payment, support or courier services, for the sole purposes of providing the services agreed or processing payments, while abiding at all times by the laws applicable in United State to the protection of personal data.
SWINNIS, as well as any third party to whom SWINNIS may provide your personal details, will take and maintain appropriate and sufficient security measures at technical and organizational level aimed at preventing the processing of personal details:
(a) In violation of these Terms and Conditions of Sale or the applicable data protection laws; and
(b) Involving any loss, destruction or accidental damage to your personal details. You may exercise your right to access, rectify or oppose the use of your personal details by sending a written request to SWINNIS at 750 Classon Ave, Apto 9-A, Brooklyn, New York 11238 or by email to email@example.com. Customers guarantee that the personal data they furnish to SWINNIS are true and accurate. Purchases made on the Website under these Terms and Conditions of Sale are subject to the laws of United State.
10. Applicable law
Purchases made on the Website under these Terms and Conditions are subject to the laws of United State.
11. COMPETENT JURISDICTION
Any dispute or controversy that may arise from the application or construction of these Terms and Conditions of Sale, as well as from the contracts herein incorporated, will be submitted to the Courts and Tribunals of the city of New York, United State, which Courts and Tribunals will have exclusive competence on such matters.
However, if you are a consumer under the laws of United State on the protection of consumers and users, the competent Courts and Tribunals will be those of the place where you live in United State.