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General Terms and Conditions of Sale

PREAMBLE

These terms and conditions govern the relationship between the PLC LVA with capital of €50,000, registered with the RCS Paris under number 501 613 731, VAT FR83501613731 and headquartered in Paris - France, 1 rue de l'Arcade, hereafter referred to as "LVA" and the person making a remote purchase via the LVA company’s website, www.swannetoscar.com, hereafter referred to as “the Customer". You can always contact Swann & Oscar by email, by clicking here, or by telephone on 0033 1441 97496.

Both Parties agree that the orders placed with Swann & Oscar via the internet are governed exclusively by these terms and conditions, to the exclusion of any other condition that might be available on the website www.swannetoscar.com.

Every internet user can read the general conditions of sale on the site. These general conditions of sale may be subject to change, the applicable conditions are those in force on the site at the time when your order is placed.

ARTICLE 1 - PRICES

1.1 - Product prices are indicated in euros, including all taxes, excluding postage.

1.2 - All orders, wherever they may be from, are payable in euros.

1.3 - Swann & Oscar reserves the right to change prices at any time. The products will be invoiced based on the prices in effect at the time of confirmation of the order by Swann & Oscar as provided for in Article 3.2 of these general conditions of sale.

ARTICLE 2 - ORDER

2.1 - The Customer is considered to have read and accepted these terms and conditions before placing their order.

2.2 - The order must be made on the site: www.swannetoscar.com.

2.3 - Both Parties acknowledge that the products featured on the www.swannetoscar.com website may not be available or on sale at the time of the order.

2.4 - When entering personal data and information in the "My Account” section, the Customer must ensure that the required information provided is accurate and complete. Any subsequent changes must be stated as soon as possible.

2.5 - Only persons legally capable of entering into contracts for goods and services offered on the site can order on the Swann & Oscar website.

2.6 - Swann & Oscar reserves the right to suspend or terminate the account of any customer who contravenes the terms of the general conditions of sale. Any person whose account is suspended or closed will not be able to make a subsequent order on the Swann & Oscar site without prior authorisation.

ARTICLE 3 - ORDER CONFIRMATION

3.1 - A confirmation email constitutes acceptance of the order by Swann & Oscar and a summary of the order (product, quantity, price etc.) will be sent to the customer by Swann & Oscar.

3.2 - The contract for the sale of the product will be made when the Customer, after having had the opportunity to verify the details of the order and its total price and to correct any errors, confirms the order with Swann & Oscar, thereby expressing final acceptance which will be deemed to have been received after the Customer makes online payment.

3.3 - Any order which is confirmed by online payment is equivalent to a sales contract being made and, consequently, the acceptance of price, description and quantity of products available for sale as well as the clauses contained in these Terms and Conditions.

3.4 - Data recorded and stored by Swann & Oscar constitutes proof of all transactions between Swann & Oscar and its customers.

ARTICLE 4 - AVAILABILITY OF FABRICS

4.1 - Swann & Oscar makes every effort to keep its website updated as to fabric stocks. However, stock may run out. In this case, Swann & Oscar is committed to providing a fabric of equivalent or higher quality.

4.2 - In the case a fabric being unavailable after confirmation of the order (Article 3), Swann & Oscar will notify the Customer by email, phone or post as soon as possible. The Customer will not get any compensation or damages other than a refund or replacement of the product if it has already been paid for.

4.3 - Items are refunded at the discretion of Swann & Oscar by crediting the customer's bank account or by cheque, a maximum of two weeks from the payment made by the Customer.

ARTICLE 5 - DELIVERY

5.1 - Swann & Oscar strives to ensure delivery within 2 to 3 working weeks in France, after Swann & Oscar receive the full payment for the order.

5.2 - Swann & Oscar agrees to notify the Customer of any foreseeable delay in delivery.

5.3 - The products are delivered to the address supplied when the order was placed.

5.4 - Ownership of the goods and related risks are transferred to the customer upon taking possession of them.

5.5 - Upon delivery, any admissible claim by the Customer will only apply to the extent that they relate to the non-compliance of the delivery as regards the quantities of products listed in the order.

5.6 - Any claim regarding the quantity of the products delivered must be made to the courier on delivery of the product. A copy of the claim must be sent to Swann & Oscar (by email or fax) no later than 12 hours after the claim has been made. It is up to the Customer to provide this by sending Swann & Oscar a confirmation on the part of the courier of the truth of this claim.

5.7 - In the event of the products’ non-compliance regarding the order, the Customer must contact Swann & Oscar with a letter or email of complaint. Swann & Oscar will, where appropriate, exchange or alter the product(s). The request must be made within seven (7) business days following delivery. Any claims made after this deadline will not be accepted. The products should be sent to Swann & Oscar in the state in which the Customer received them. Shipping costs will be paid by the Client.

ARTICLE 6 - PAYMENT

6.1 - Payment by debit or credit card

6.1.1 - The Customer can pay for purchases online with a debit or credit card via the secure payment system. The number of the debit/credit card and expiration date are encrypted and transmitted to the specialist company SPPLUS/Caisse d'Epargne via SSL secure protocol to which Swann & Oscar and third parties have no access. This information will only be used again in case of possible returns, to make equivalent refunds.

6.1.2 - The order amount is debited from the Customer's account when the confirmation of payment is made.

6.1.3 - Data recorded and stored by Swann & Oscar constitutes proof of the order and of all transactions. Data recorded by the payment system constitutes proof of financial transactions.

6.1.4 - Invoices are available on the Swann & Oscar website in the "My Account” section.

ARTICLE 7 - GIFT BOXES

Swann and Oscar offers its customers bespoke shirt gift boxes. These sets are available in store and online. They can then be used on the online site with the code found on the back of the box which should be entered in the field provided for this purpose at online check-out. Gift sets and vouchers are valid for one year from purchase. After this time, the code is disabled and gift vouchers will not be accepted. However, as a gesture of goodwill and on an exceptional basis, the code can be reactivated in exchange for a payment of 30 euros, provided that the owner of the box or the voucher will use it within 3 months of its expiration date.

ARTICLE 8 - REFERRALS

Swann and Oscar offers customers the opportunity to obtain vouchers by referring friends. After the first purchase of each referred friend, the referrer is credited with a voucher worth 20 euros to be used for future orders. For the referral system to work, the referred friend must create an account via the email he received from the referrer and must include the email address of the referrer when creating an account. If it is believed that a person has “self-referred" from a different account, Swann and Oscar reserves the right to cancel the use of the voucher without this causing a cancellation of the sale. Similarly, the use of a gift set will not necessarily lead to the production of a voucher. Lastly, only a first order for the shirt by the referred friend enables the referrer to receive a voucher: orders for ties, cufflinks and gift sets, for example, are excluded.

The vouchers generated by referrals are valid for 1 year from their date of creation.

ARTICLE 9 - RIGHT TO CANCEL

9.1 - For all our custom-made or personalised products, the right to cancel cannot be applied in accordance with the provisions of Article L 121-20 of the French Consumer Code, as amended by Ruling No. 2001-741 of 23 August 2001 which states that the cancellation period is 7 (seven) days, and that the cancellation (section 121-20.2 third paragraph) of the supply of goods clearly personalised or made to specifications of the consumer is not included, that is to say particularly for items which are bespoke, made to non-standard or personalised measurements. As such, no cancellation period will be given with respect to articles which are bespoke or personalised (to specific sizes), to all non-standard items and to items with additions or specific modifications (tailor-made shirts etc.).

9.2 - For any other product offered on our website which does not give rise to specifications on the part of the customer, the customer has a period of seven (7) days from the receipt of the order to terminate the contract of sale which was made when the order was confirmed (Article 3). In the event that the products have already been delivered to the Customer, the latter must return them to Swann & Oscar without having to give reasons or to pay penalties.

ARTICLE 10 - WARRANTY / LIABILITY

10.1. - Products comply with French legislation.

10.2 - Swann & Oscar is not responsible for fabric supply issues, delivery delays, strikes (including transport) or emergencies and, more generally, for any event for which it is not  exclusively and directly accountable.

10.3 - The photographs illustrating the products on the Swann & Oscar website are not binding.

10.4 - The Customer accesses, uses and navigates the Swann & Oscar website at his/her own risk.

10.5 - The Swann & Oscar company is bound, at all stages of access to the site, only within the limits of due care.  Swann & Oscar cannot be held responsible for any inconvenience or damage arising from the use of the internet, including interruption of service, external interference, the presence of computer viruses or any other force majeure, in accordance with the law.

10.6 - The Customer acknowledges and agrees that, within the limits permitted by applicable law, Swann & Oscar cannot be held liable for any direct, indirect or incidental damage or for compensation for non-pecuniary damages, costs, losses, decreasing turnover or profits or liabilities of any nature whatsoever (even if such damage was known or could have been foreseen by Swann & Oscar) that may arise from the use or the inability to use the site and its contents.

ARTICLE 11 - REFUNDS

11.1 - Refunds of products in the cases referred to in Article 7.2 shall be made in a period less than or equal to 30 days after the receipt of goods by Swann & Oscar.

11.2 - Items are refunded by Swann & Oscar, either by crediting the customer's bank account or by cheque, made out to the customer who placed the order and at his/her billing address. No item sent back for a refund will be accepted, whatever the reason.

ARTICLE 12 - CUSTOMER SERVICE

For information or questions, the Customer can contact customer service:
 - by email, by clicking here
 - by telephone on 00 33 1 44 19 74 96
 - by post, for the attention of Swann & Oscar - 1, rue de l'Arcade - 75008 Paris - France.

This contract is subject to French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between the parties are subject to the exclusive jurisdiction of French courts.

ARTICLE 13 - PERSONAL DATA

Swann & Oscar is committed to protecting the personal data provided by the Customer. All personal data concerning the Customer collected by Swann & Oscar is handled confidentially, and is the subject of a declaration to the French Data Protection Authority (CNIL) in accordance with the Data Protection and Freedom Act of 1978 . For any other legal information, consult the Privacy Policy section.