Conditions of Sale

Last updated on 18/02/2010

Article 1 - General

These conditions of sale and use define the rights and obligations of the parties in relation to the sale of products by e-swin to the customer and use of the website www.e-swin.com. The customer attests that they have read, understand and accept the rights and obligations herein.

These conditions of sale apply to all orders made on www.e-swin.com. They are routinely presented to each customer before they are permitted to place an order. As a result, the act of ordering implies the customer's acceptance without reservation of the conditions of sale, to the exclusion of any other document issued by e-swin, which are for information purposes only. Any terms to the contrary delivered by the customer, unless expressly accepted, are void against e-swin, no matter when they were brought to e-swin's attention. E>Swin invoking any one of the provisions of these conditions of sale at any time cannot be interpreted as a waiver of their right to invoke any of the other provisions at a later date.

Article 2 - Description of the products

The information provided on each product sheet is meant only as a guide. E>Swin cannot be held responsible for any errors. E>Swin will make every effort to correct the errors or omissions as quickly as possible once they are aware of said errors or emissions.

All customers have the right to return products under the terms laid out in these conditions of sale in the event that the products sold are not compliant with their description or if the information provided herein is false.

Article 3 - Terms and conditions for reservation, order and price

Customers can reserve the products on the site http://www.e-swin.com. Upon completion of the online reservation process and payment of the required deposit, the customer's order is placed, and they are informed that the order will not be processed until the deposit is received and the reconsideration period is over.

After the reservation period is over, e-swin will confirm the order, which will be fulfilled in accordance with applicable legal provisions and the stipulations herein.

In the event that the customer cancels the reservation early or concomitantly with confirmation of the order, the deposit will be deemed earned by e-swin as a penalty.

The customer declares that they are at least 18 and are capable of exercising legal rights, or have permission from a parent or legal guardian to place the order.

All orders must be for regular household use. As a result, some sales could be limited in number of units per order.

Customers guarantee that they are authorised to use the bank credit card and that the bank credit card has enough funds available to cover the costs resulting from the use of e-swin services. Only those legally allowed to enter into contracts for goods and services offered by the site can place orders via the e-swin site.

By clicking the payment button during the reservation process, the customer declares that they accept these Conditions of Sale in their entirety, without reservation.

The data recorded by e-swin constitutes proof of all transactions between e-swin and its customers. e-swin confirms all orders by email.

Contractual information is provided in French and is subject to confirmation of the contractual information at the time of delivery at the latest.

The prices of our products are expressed including tax, but excluding ecotax and shipping costs.

For shipping and services outside of France, the provisions of the French tax code in relation to VAT shall apply.

Article 3b Evaluation of the transactions by FIA-NET

Information concerning your order will be automatically processed by FIA-NET S.A. The purpose of such processing is to analyze e-commerce transactions at a certain level in an effort to prevent credit/bank card fraud.

FIA-NET S.A. and the merchant from whom you made your purchase are the recipients of the data concerning your order. The non-transmission of data concerning your order will prevent the completion and analysis of your transaction.

In the event of a non-payment due to the fraudulent use of a credit/bank card, the details concerning the order associated with the non-payment will be recorded in a payment incident file administered by FIA-NET S.A. Specific processing is also activated by irregular declarations or anomalies.

Pursuant to the French Data Protection Act of January 6th, 1978, you may, at any time, exercise your right to access, rectify or delete any personal data by writing to the following address (enclosing some proof of identity): FIA-NET - Service Informatique et Libertés, traitement n°896150, 22 rue Drouot, 75009 PARIS.

Article 4 - Customs Duties

Any order submitted via the e-swin website and shipped outside of France could be subject to taxes or customs duties when the package arrives in the destination country. These taxes and customs duties shall be borne exclusively by the customer, as much in terms of declarations that must be made, as in terms of payment of any taxes and duties that may be charged by the competent authorities in the destination country. These taxes and duties shall be borne exclusively by the customer. e-swin is under no obligation to verify the existence of any taxes or customs duties, nor to inform the customer of the existence thereof. Prior to ordering, the customer is responsible for verifying, with the competent authorities of the destination country, any obligations in terms of declarations and payment of applicable taxes and customs duties.

e-swin reserves the right to change its prices at any time, but the products will be billed at the prices in effect at the time the order is entered (subject to availability).

e-swin reserves the right to refuse any order, without justification, by notifying the customer by email, particularly when the order comes from a customer with whom there is a legal dispute, a customer who has not paid all or a portion of a preceding order, or if there are foreseeable problems with delivery.

Article 5 - Availability

e-swin will do everything in its power to process all orders received within the contractual period.

In the event that a product is not available, but the order has gone through, the customer will be informed by email or by telephone of the expected time it will take to complete the order.

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Shipping times are 30 days from the day the product order is confirmed.

If shipping time differs, it is specified in the "order validation" step and is included in the "order summary".

In the event that regular stock is not available, or the contractual delivery time cannot be honoured for reasons within the control of e-swin, e-swin will inform the customer by email or telephone and offer other, similar products they may be interested in, or will offer to reimburse the full cost of the order.

Article 6 - Payment

Purchases are paid for by bank credit card. The credit cards accepted are : CB, Visa, Eurocard and MasterCard. The customer's bank account will be debited 8 days after the order date and it will be considered effective after confirmation of approval from the payment centre. In the event of refusal by the bank, the order will automatically be cancelled and the customer will be notified by email.

When the order is confirmed, the deposit will be applied to the PV TTC for the product.

Article 7 - Security

The e-swin site is equipped with a payment security system that is compliant with current regulations.

In particular, e-swin never has access to the confidential information relative to the means of payment. This is why a customer will be asked for their payment information for each order.

Article 8 - Shipping

Products will be sent to the shipping address that the purchaser indicated during the order process.

Logistics and shipping costs include tax.

Notice of delivery of the products ordered is given via email. The order form and the invoice corresponding to the order, including shipping costs and VAT, are accessible on the e-swin site in the "My account" area.

The customer must choose the shipping address and provide the necessary information. In order to optimise delivery, the customer must specify an address where the order can be delivered during business hours. In the event the package is not received by the customer and it is returned to e-swin, e-swin will bill the customer for shipping and packaging fees to ship the product a second time.

If there is no one present at the shipping address provided by the customer, a non-delivery notice is usually placed in the mailbox.

The shipping time is set at 30 business days unless a different shipping time is specified at the time the order is placed. e-swin cannot be held responsible for delivery delays attributable to the transporter. Any missing or incorrect information in the shipping address or customer identity releases e-swin from responsibility for shipping.

Each delivery is considered complete when the products are transferred from the shipper to the customer, confirmation is provided by the tracking system used by the shipping company. It is the responsibility of the recipient to inspect the shipments upon arrival and to make any justified claims, or even refuse the package if it appears to have been opened or if it shows signs of damage. In accordance with the regulations, customer claims must be submitted in writing via a registered letter with acknowledgement of receipt within the three days following delivery of the products. The customer must immediately send a copy of the claim to e-swin.

In the event that the products delivered are not compliant in nature or quality with the specifications in the bill of lading included with the shipment, the customer must, under pain of forfeiture, submit the claim within the 7 days following the delivery as defined above, by registered letter with acknowledgement of receipt, addressed to e-swin.

Article 9 - Cancellation

All products sold are covered by a "satisfaction guaranteed or your money back" clause for 7 days following the delivery date in accordance with the provisions in article L 121-20 of the Consumer Code.

Prior to any return, the customer must indicate his intention by contacting e-swin via mail, email, by phone or filling the form within "My account" "Contact us or After Sales service".

E>Swin - ZA des Sycomores - 333 avenue de Neuville - Bâtiment 29 A - 78950 GAMBAIS Téléphone : 09 62 59 41 35 E-mail : production@sw-in.fr

In accordance with article L 121-20 of the Consumer Code, the customer must exercise his right to cancel the order within the 7 day period following delivery of the goods. The customer can exercise this right by sending the product back to e-swin at their own expense. The refund will be processed within 30 days following receipt of the goods by e-swin, subject to the following reservations:

the products must not show any signs of sustained use (nothing beyond a few minutes, never more than 10 flashes emitted).

the products must be returned in their original packaging, in a condition that allows them to be resold as new (not damaged or soiled by the customer) accompanied by any applicable accessories, user guides and documentation

Costs and risks associated with returning the product are the responsibility of the shipper.

In the event that the returned products are compliant with the requirements above, a refund will be issued for the purchase price of the product(s) expressed in euros. The refund will not include any shipping costs. Returns sent cash on delivery will not be accepted, no matter what the reason.

Article 10 - Compliance

The products offered for sale on the e-swin site are compliant with French regulations. e-swin cannot guarantee that the products are compliant with any foreign regulations. As a result, in the event that they do not live in France, it is the sole responsibility of the customer to verify the compliance of the products with national regulations applicable in their country of residence.

Article 11 - Warranty

In the event that the delivered product is not compliant with the product information presented on the site, it will be replaced or repaired within the 30 days following receipt of the products that are non-compliant or present defects hidden by e-swin.

In this case, shipping costs will be advanced by the customer, unless otherwise stipulated in writing by e-swin. Proof of the shipping costs must be attached to the package. Failure to do so shall result in the customer being unable to claim reimbursement. Reimbursement of the costs paid by the customer is subject to verification of the product's non-compliance by e-swin. In the event that the non-compliance is acknowledged, costs for return shipping to the customer shall be paid by e-swin, within metropolitan France only.

The shipping costs can be refunded as an account credit, to be applied to a future purchase.

e-swin guarantees that the products sold on the e-swin site are in operating condition, have no faults or hidden defects rendering them dangerous or unsuitable for normal use. This warranty is the usual warranty provided by the seller to the customer, therefore they cannot be asked to provide a more comprehensive warranty than the one herein. Return carriage due to application of the commercial warranty is to be paid by the shipper, contrary to the shipping fees after the repair which are to be paid by e-swin. E>Swin after sales service is the only qualified provider of repair services for the equipment and products under warranty.

Apart from failure to operate upon unpacking, e-swin shall not be responsible for taking back a product that is no longer functioning, which should be dealt with by after sales service.

The warranty does not apply in the case of defects and deterioration resulting from external events, accidents, particularly electrical, as well as wear, installation and use not conforming to the instructions provided with the product

Any product that is modified, repaired, integrated or added by the customer or any other unauthorized person is excluded from the warranty. The warranty shall not apply for obvious defects or product compliance faults for which no claim was submitted within the contractual period defined above, on pain of being voided. The warranty does not apply to products damaged during transport or because of improper use.

The provisions of this article shall not preclude the legal warranty for hidden defects as defined in articles beginning at 1641 of the Civil Code, when the product is sold to a consumer or non-professional.

For further information of questions, the customer can contact e-swin.

Article 12 - Intellectual Property

Any text, comments, structures, graphics and images, whether visual or sound, reproduced on www.eflash.fr or www.e-swin.com are protected by copyright, trademark law, patent right and right of publicity. They are the exclusive property of e-swin.

As such, and in accordance with French intellectual property laws, any use other than private home use is not permitted, subject to the various more restrictive provisions of intellectual property laws.

Creation of a hyperlink to www.eflash.fr or www.e-swin.com, using framing or deep linking techniques, is strictly prohibited.

Any other use constitutes infringement of copyright and is governed by intellectual property laws without prior authorization from e-swin.

Any reproduction in whole or in part of the e-swin catalogue is strictly prohibited.

Article 13 - Liability

The photographs and text reproduced and illustrating the products offered are not contractual. As a result, e-swin is not responsible for any errors therein.

e-swin cannot be held responsible for damages of any kind, whether material, immaterial or physical, which could result in incorrect operation or incorrect use of the products sold.

In all cases, e-swin's liability shall be limited to the amount of the order and shall not be implicated for simple errors or omissions that may have occurred despite all precautions taken in relation to presentation of the products.

e-swin cannot be held responsible to the customer or a third party for any indirect damage, operating losses, profit or turnover, arising in any manner, even if the damage, loss or prejudice could have been foreseen by e-swin, or if the possibility was brought to e-swin's attention.

Without limiting the preceding paragraphs, e-swin's liability in terms of these general conditions shall not exceed a sum equal to the sum paid or payable for the transaction at the origin of said liability, no matter what the cause or form of the action concerned.

e-swin cannot be held responsible for nonfulfillment of the contract concluded in the event of unavailability of stock or products, force majeure, disruption or strike affecting the means of shipping, transport or communications, flood, fire.

Article 14 - Legal proceedings - applicable laws

In the event of a legal dispute, the customer should contact e-swin as soon a possible to attempt to find an amicable solution. By default, the Paris tribunals shall be considered the only competent authority, no matter what the delivery destination or method of payment accepted.

These conditions for sale shall be executed and interpreted in accordance with French laws. Any dispute relating to its validity, interpretation or execution will be settled by the Paris Tribunal, which shall have exclusive jurisdiction.

Article 15 - Personal Information

e-swin will not share personal information entered by customers on the site with any third party. They are confidential. They will only be used by internal departments for processing the order and to reinforce and customize communication of information with the customer via letters/emails, as well as to customize the site according to user preferences.

This article cannot impede transfer of business to a third party.

Pursuant to the French Data Protection Act of January 6th, 1978, the customer may, at any time, exercise their right to access, rectify or delete any personal data by writing to e-swin.

Article 16 - Modification of the Conditions of Sale

e-swin reserves the right to modify these conditions of sale. Notice of any new version hereof will be given on the site. The so-modified conditions of sale shall apply to any new transactions performed beginning on the effective date thereof. Only the most recent version of the conditions of sale in a table on the eflash site are applicable to the contractual relationship.

In the event that any of these terms and conditions are deemed illegal or non-invocable by a legal ruling, the other provisions shall remain in effect.

Article 17 - Archiving and evidence

The order forms and invoices are archived on a reliable and sustainable platform, in accordance with the provisions of article 1348 of the Civil Code, a true copy. The information recorded by the e-swin system and by the secure e-swin bank payment system shall be considered by the parties as proof of the transactions between the parties.