Terms of service
TERMS & CONDITIONS
Edited on April 13th, 2023.
GENERAL TERMS AND CONDITIONS OF SALE
The present conditions of sale are concluded on the one hand by the company herein referred to as "FLOWHER" and on the other hand, by any individual or legal entity wishing to make a purchase via the Internet site « www.flowherswimwear.com » herein referred to as « the Purchaser ».
The present conditions of sale aim to define the contractual relationship between FLOWHER and the Purchaser and the conditions applicable to any purchase made on the website of www.flowherswimwear.com, whether the Purchaser is a professional or an individual consumer.
The acquisition of goods or services through this site implies unconditional acceptance by the Purchaser of these conditions of sale.
These conditions of sale will prevail over any other general or special conditions not expressly approved by FLOWHER.
FLOWHER reserves the right to change their conditions of sale at any moment. In this case, the applicable conditions will be those in force at the date of the Purchaser’s order.
CHARACTERISTICS OF THE GOODS AND SERVICES PROPOSED
The goods and services proposed are those shown in the catalog published on FLOWHER’s website.
These goods and services are proposed within the limit of available stocks. However, FLOWHER shall not be held responsible for any error in the update, whatever its origin. In this respect, FLOWHER shall not be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Each product is delivered with a description drawn up by FLOWHER. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Flowher undertakes that photographs are as true-to-life as possible but cannot guarantee a perfect similarity with the product proposed, in particular concerning the colors.
It is possible that the Customer may receive, following an Order, a piece previously returned by another person. It is specified that FLOWHER only accepts the return of a product that must be new with all labeling, in their original packaging. In the event of alteration of the Product FLOWHER reserves the right to refuse the refund or replacement of the Product.
Prices shown in the catalog are in euros, including VAT, at the rate applicable on the day of the order ; any change in the rate may be passed through to the price of the goods and services. All prices are calculated including VAT applicable in France or in the country of delivery located in the European Union.
FLOWHER reserves the right to change their prices at any time, it being however understood that the price specified in the catalog on the day of the order will be the only one applicable to the Purchaser.
Aside from Metropolitan France, the catalog prices do not include the costs of order processing, transport and delivery.
Customs duties are fully at the customer's expense : this includes customs duties and any additional clearance costs (handling costs, local taxes). FLOWHER will, not, under any circumstances, be liable for payment of such expenses. The carrier, acting as a customs agent approved by the DGDDI (Directorate General of indirect Customs and Excise), has the right to request payment of such expenses according to the rules of the country of delivery which delegates its authority to the said carrier. In the event that the customer approves and pays his/her order, he/she accepts any local customs or handling expenses. This tacit agreement cannot be broken, so in the event that the customer refuses the delivery, he/she remains liable for the payment of the customs duties.
Unless otherwise stated on the website during the ordering process or in the description of the goods ordered, FLOWHER commits in every case to deliver the products within a maximum of thirty (30) days after the conclusion of the contract with the Purchaser.
The Purchaser, who wishes to buy a product or service, must :
– fill in the identification form on which he/she indicates all the contact details requested or gives his/her customer number, if relevant ;
– fill in the on-line order form providing all the references of the goods or services chosen ;
– approve his/her order after checking it ;
– make payment in accordance with the conditions laid down;
– confirm his/her order and payment.
Confirmation of the order implies acceptance of the present conditions of sale, acknowledgement of having full knowledge of them and renunciation to apply one's own terms of purchase or other conditions.
All of the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be equivalent to the signature and acceptance of the operations undertaken. The Seller will send a confirmation of the recorded order by electronic mail. To this end, the Customer formally accepts the use of electronic mail for the confirmation by FLOWHER of the content of his/her Order.
FLOWHER reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information contained therein. In spite of FLOWHER's best efforts to satisfy its customers' needs, FLOWHER may refuse to process an Order after having sent the Customer an e-mail confirmation of the Order.
FLOWHER shall not be liable to the Customer or any third party for any damages resulting from the removal of a Product from the Site, or from the replacement or modification of any content or information contained on this Site, or from the refusal to process an Order after having sent the confirmation e-mail summarizing the Order.
FLOWHER also reserves the right to refuse or cancel any Sales Order placed by a client with whom it has a dispute over payment of a previous order.
Please send us a mail informing us of the goods to be returned at firstname.lastname@example.org
Individual, non professional, Purchasers, benefit from a withdrawal period of 14 days starting from the day they received their order, to return the product to the seller to be refunded without surcharge, except for the initial shipping costs (please note that the return costs are to be borne by the Purchaser).
TERMS OF PAYMENT
The price is payable when the order is placed.
Payments will be made by bank card ; they will be carried out through the secure system that uses the SSL protocol (Secure Socket Layer) in such a way that the information transmitted is encrypted by software and that no third party can get hold of it during transport on the network.
The Purchaser’s account will be debited when the order is placed for available products and services and for the amount of the products and services sent.
On request, a paper invoice will be sent to the Purchaser specifying the VAT rate.
Deliveries will be made to the address indicated in the purchase order.
Parcels leave our warehouse within 2 to 5 days.
The risks are borne by the Purchaser from the moment the products have left the premises of FLOWHER. In the event of damage incurred during transport, the claim must be made to the carrier, stating the reasons for dispute, within 3 days after delivery.
Delivery leadtimes are given as an indication only; if they exceed thirty days after the order date, the contract of sale may be cancelled and the Purchaser refunded.
FLOWHER is not responsible for the disappearance of parcels after delivery has been officially recorded by the carrier. Once your parcel has been recorded delivered, our responsibility is no longer engaged. No refund will be made in this case.
For any claims concerning your purchase order, please contact our Customer Service by e-mail at email@example.com within a maximum of 72 hours after receipt of your parcel.
In the event of a non-conformity of a product sold, it can be returned to FLOWHER who will take it back, exchange it or issue a credit note for the relevant amount to be used on the www.flowherswimwear.com website.
All claims or refund requests must be done by e-mail to the following address : firstname.lastname@example.org
All claims concerning a purchase order will be impossible beyond 30 days after invoice.
The seller, in the on-line ordering process, is only bound by an obligation of means ; our responsibility cannot be engaged for any damage resulting from the use of the Internet network such as data loss, intrusion, virus, breakdown of service or other involuntary problems.
All the elements of the « www.flowherswimwear.com » site are and remain the exclusive intellectual property of FLOWHER.
No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the site, be they software, visual or sound elements.
Any simple link or hypertext link is strictly forbidden without a written agreement from FLOWHER.
FLOWHER brand as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of FLOWHER. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of FLOWHER, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models and patents which are the property of FLOWHER. Moreover, all the designs, visuals of which FLOWHER is the author, i.e. created by FLOWHER internally, can only be used exclusively by FLOWHER.
These terms and conditions apply to any order placed by an adult acting as a consumer ("Customer"). The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit himself when he places an order and undertakes to provide truthful information as to his identity, if necessary.
In accordance with the law relating to data processing, data files and liberties of 6 January 1978, information of a personal nature relating to Purchasers may be subject to automated processing.
FLOWHER reserves the right to collect data on Purchasers, including by using cookies, and, if it wishes, to transmit the data collected to commercial partners.
Purchasers may oppose the disclosure of their contact data by notifying FLOWHER.
Likewise, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
ARCHIVING - PROOF
FLOWHER will archive the purchase orders and invoices on a reliable and durable medium constituting a true copy.
The computerized registers of FLOWHER will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The present terms and conditions of online sale are subject to French law.
In the event of a dispute, jurisdiction is attributed to the competent courts of Paris, notwithstanding plurality of defendants or appeal in warranty.