Terms of Sales
ARTICLE 1 - Champ d'application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by RIVKA SWIMWEAR ("the Seller") with consumers and non-professional buyers ("The Customers or the Customer"), wishing acquire the products offered for sale by the Seller (“The Products”) on the website https://rivka-swimwear-com.myshopify.com/.
They specify in byticular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order. Changes to these General Terms and Conditions of Sale are enforceable against users of the website from the time they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website are women's and men's swimwear, as well as all beach clothing (t-shirts, tank tops, etc.).
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the site internet are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, the essential particularities and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
ARTICLE 3 - Duration of validity of the Product offer
Product offers are valid within the limits of available stocks, as specified when placing the order.
ARTICLE 4 - Seller's contact details
The Seller can be contacted at the following address:
RIVKA SWIMWEAR - 1396A Tabanon - 97170 Petit-Bourg
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, deletion and portability of all of his personal data by writing, by mail and justifying his identity, to the Seller's address, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website.
Legal Notice :
SIREN : 821 187 234
Phone number: 0690 20 24 60
Email address: rivka.swimwear@gmail.com
ARTICLE 5 – Orders
5-1. Placing the order
It is up to the Customer to select on the website the Products he wishes to order, according to the following methods:
The customer first chooses the model and the color of his choice. Then he has the possibility to choose the color of the lining and the color of the cords.
This gives the Customer the possibility to choose a personalized jersey.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the website is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website.
The sale is not final until the Customer has been sent confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the latter of the full price. .
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website.
The Seller does not intend to sell the Products on the website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
5-2. Changing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 – Rates
The Products are supplied at the current prices appearing on the website, when the order is recorded by the Seller. The prices are expressed in Euros including VAT.
The prices take into account any reductions that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated before placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by bank cards: Bank Card, Visa, MasterCard, American Express, other bank cards
- by Paypal
Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered within the shipping time according to the delivery address, to which is added the processing and delivery time. to the address indicated by the Customer when ordering on the website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee".
The Seller is not responsible for transport risks in the event of damage caused during transport, such as loss and theft.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. It has a time limit of 7 days from delivery to formulate par writing (postal mail, e-mail) any reservations or complaints for non-conformity or apbyent defect of the Products delivered (for example damaged package already opened, etc.), with all the supporting documents relating thereto (photos in byticular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apbyent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in byticular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Products worn, washed, damaged, soiled or incomplete are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, devoid of of ambiguity, expressing the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The refund will be made within 14 days of notification to the Seller of the withdrawal decision.
Sale items, discount coupons and gift vouchers cannot be returned or exchanged.
ARTICLE 11 - Seller's liability - Warranty
The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products or the discovery of hidden defects within the time limits set out below. mentioned above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or byts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the byt of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 12 - Protection of personal data
In application of the law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in byticular.
This data may be communicated to any bytners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website.
ARTICLE 13 - Intellectual property
The content of the website is the property of the Seller and its bytners and is protected by French and international laws relating to intellectual property.
Any total or bytial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 14 - Imprevision
In the event of a change in circumstances that were unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contracting byty.
ARTICLE 15 - Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
ARTICLE 18 - Pre-contractual information - Client acceptance
The fact for a natural (or legal) person to order on the website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.