General Conditions of Sale
SWP+ Paris - IBISCUS sarl - TERMS OF SERVICE
Clause 1: Scope and Change in the Terms of Service.
These terms of service shall apply to all orders placed by visitors (hereinafter referred to as: 'the Visitor', or 'the Customer') on the swp-plus.com website, with IBISCUS sarl (hereinafter referred to as: 'the Site', or ‘IBISCUS sarl’). The Site reserves the right to adjust or amend these Terms of Service at any time. In the event of any change, the current Terms of Service shall apply to every order on the day the order was placed.
Clause 2 - Capacity of the Customer - Private or professional use
IBISCUS sarl shows the products for sale with the necessary features in compliance with Clause L 111-1 of the Consumer Code, which provides for the possibility for the potential Customer to be aware of the essential characteristics before they can place their final order for the products they wish to purchase. Images and photos of the items presented on the database swp-plus.com website are not contractual. The seller may not be held liable for any errors on this website. SWP+ Paris is a trademark of IBISCUS sarl, which is the exclusive distributor. The intellectual property Code authorises copies or reproductions strictly for private use and not intended for collective or commercial use without prior circulation consent. Any reproduction of our pages, in full or in part, made without our written consent would be illegal (Clause L.122 - 4), and shall be punished under Clauses L.335 - 2 and seq. of the Code. Trademarks quoted and represented are trademarks of IBISCUS sarl which is the exclusive licensee. The Customer is deemed a Customer. Any online order is limited to a 30 kg packing list per Customer and per month. By placing their order, the Customer acknowledges they have full legal capacity to enter into an agreement under these Terms of Service. The Customer certifies their legal capacity to enter into this agreement with the herein after Terms of Service, i.e. being of legal age and not being subject to any form of guardianship. IBISCUS sarl will not sell online to professionals, even if the performance of the products is consistent with professional uses. In the event of a purchase for professional use, the Customer is required to assess the consistency in the performance with the intended uses. IBISCUS sarl shall not be held liable for any damages, whatsoever, arising from a professional activity from the Site.
Clause 3 - Governing law for online sales
The regulations for sales are that of online sales applicable in France to date, whose main terms are reminded by IBISCUS sarl to the Customer. The Products comply with the law and the current standards in France. For any purchase for export, it is for the Customer to check the specific laws applicable in the relevant country, whether for the purposes of taxes, declarations or bans. IBISCUS sarl shall not be held liable for failing to comply with the legislation of the country the product will be delivered to.
It is for the customer to check with the local authorities whether the product or service may be imported or used.
Clause 4: Personal data and Cookies
IBISCUS sarl collects personal data through this Site. The provisions on data processing are detailed in the "Personal Data & Cookies" Charter on this website. Visitors are advised that this automated information processing, including visitor email addresses, pursuant to GDPR is described in Clause 19 hereof and attached.
Clause 5: Intellectual property
5.1. The Site
The Site, as well as any necessary software in connection therewith may contain confidential information and data protected by the intellectual property law. Therefore, unless otherwise stated, intellectual property rights on any documents and any data of any kind contained on the Site and each item composing the Site (images, illustrations, sounds, texts, graphic elements, Charter...), including software, database and newsletters are the exclusive property of IBISCUS sarl (referred to as the "Content"), which shall not grant any license or any right other than browsing the Site. The reproduction of the Content in all or in part, is only allowed for the exclusive information purposes for personal and private use, any reproduction and any use of copies made for other purposes in any way whatsoever and in any form whatsoever, is expressly forbidden. Copying, changing, creating a derivative work, assembling, decompiling (except where provided for by law), selling, granting, sub-licensing or transferring in any way whatsoever any right pertaining to the content, shall also be forbidden. It is also forbidden to modify all or part of the content and especially the software or to use modified versions of the software in order to obtain an unauthorised access to the service and to access the Site by any means other than the interface provided to the visitor through the Site for this purpose.
5.2. Brands
It should be noted that IBISCUS sarl is the exclusive licensee of SWP+ Paris brands and their logos. The user acknowledges the exclusive rights of IBISCUS sarl on the SWP+ Paris brand, and shall refrain from using these brands and more generally from breaching the intellectual property rights of IBISCUS sarl. IBISCUS sarl reserves their right to claim damages for infringement and, more generally, for breaching their intellectual property rights. Similarly, the Visitor shall not breach any property rights, including any intellectual property rights that could be held by any company of the group IBISCUS sarl is part of. Partners IBISCUS sarl are owners of their brands for which IBISCUS sarl operates the exclusive license. All other trademarks or logos appearing on the Site are either used under exclusive licence by IBISCUS sarl or are the property of their service providers, partners or suppliers. Any use, in any way whatsoever, of these trademarks, logos or any other content is subject to the express approval of IBISCUS sarl or of the holder of the intellectual property rights concerned.
5.3. Hyperlinks:
The Site may include links to other websites or other Internet sources. Since IBISCUS sarl is unable to control these sites and external sources, IBISCUS sarl may not be held responsible for the availability of these sites and external sources, and may not be held liable for the content, ads, products, services or any other information or data available on or from these sites or external sources. Furthermore, IBISCUS sarl may not be held liable for any damages or losses proven or alleged arising from or in connection with the use of the content or for trusting the content, goods or services available on these sites or external sources.
Any created link to the Site to IBISCUS sarl ,any framing of the Site, and more generally any use of a component of the Site, shall be subject to prior express approval of IBISCUS sarl, which may be cancelled at any time at their own discretion. IBISCUS sarl reserves the right to (i) request the removal of any link to the Site that would not have been, or would no longer be authorized and (ii) claim damages and compensation for the losses suffered as a result.
Clause 6: Price
IBISCUS sarl reserves the right to change their prices at any time, but agrees to apply the current rates indicated at the time of your order.
Clause 7: Product Availability
The products we offer with their prices are valid as long as they are visible on the site, while stocks lasts. Upon receipt of your order, we will check the availability of the product(s) you ordered. If unavailable, we guarantee to deliver the product ordered or will offer a similar product at a similar price, or to refund the amount paid by cheque or in the form of a gift voucher upon your written request, within 7 days from processing your order. Where a gift voucher has been issued, the customer may request its cancellation and ask for a refund by cheque. By simple mail (However, a letter by registered mail with acknowledgment of receipt is strongly recommended: patricia reynier IBISCUS sarl - 53 bd of Strasbourg - 75010 Paris. Your cheque will be mailed to you within 15 days from your request.
Clause 8: Legal warranty of conformity
IBISCUS sarl is liable for any defects of the goods, subject of the contract under the provisions of section L. 211-4 and seq. of the Consumer code and for hidden defects of the item sold under the provisions in section 1641 and seq. of the civil code.”
When claiming under this legal warranty, the Customer:
- may act within two years from the delivery of the item;
- may opt for the product to be repaired or replaced under the provisions for cost in article L. 211-9 of the consumer code;
- evidence of lack of conformity of the product is not required in the six months from the delivery of the product, and up to twenty-four months from March 18, 2016.
The legal guarantee of conformity shall apply regardless of any commercial guarantee that may have been granted. The Customer may decide to claim under the guarantee against hidden defects of an item sold here within the meaning of article 1641 of the civil code, and that in this case, he may choose between cancelling the sale or opt for a discounted price of sale in accordance with article L 1644 of the civil code.
The invoice will be required to make this replacement to determine the effective date of purchase of the product. Leaflets and/or packaging of our Products including the name and address of the manufacturer (any details about the company marketing this product where it’s imported), the country of origin of the product, the content of the packaging when the product is packed, the durability of the product (best before) or PAO pictogram (period after opening or expiration) precautions for use, or the symbol referring to the information leaflet (see definition below), the batch number or the tracking reference, the purpose of the product (unless obvious), the list of ingredients by importance in components and in some cases, PAO mention or symbol: period after opening. Unless earlier expiry date indicated as above when the product has been opened, our products are guaranteed under the hidden defect guarantee where a non-visible defect at the time of purchase under the provisions of article 1641 of the code Civil and the guarantee of conformity arising from current articles L. 211-1 and seq. of the French consumer code, for a period of two years.
However, when returning a product under the guarantee, the shipping costs will be the responsibility and at the risk of the customer. The descriptions of the items presented in the database of the www.swp-plus.com website, have been entered based on the information provided by the suppliers. The products comply with the current French law. IBISCUS sarl accepts no responsibility for any item delivered that would not be compliant with the law of the country of delivery. IBISCUS sarl shall not be held liable for the content of Internet websites reached through hyperlinks from their website.
Clause 9: Registration of order and valid electronic signature
Orders can be placed as follows: Online: swp-plus.com by clicking on "confirm purchase". All online orders are confirmed by IBISCUS (SARL) by e-mail if the customer has provided their email address. For new items listed in the database: the order will be processed within 7 days from receipt of your payment. When placing an order, all information supplied by the buyer is entirely that of the buyer. In the event of any error or omission in the information provided (name, address) IBISCUS (SARL) may not be held responsible for the difficulty in delivering or for not being able to deliver the order. The order will only be final and saved when clicking on the summary screen to confirm the purchase. This last click is considered a handwritten signature and subject to online selling system governed by articles 121-8 and seq. of the Consumer Code. This last click is hereinafter referred to as the acceptance click. From the above mentioned acceptance click, the order shall be considered binding and may be challenged in some herein after restrictive circumstances as provided below. In any case, the sale will be considered final only after a confirmation of order is sent by IBISCUS (SARL) to the Customer and payment is made in full or payable deposit made.
All order form electronically signed by the Customer is a binding acceptance which may only be opposed within the limits provided by law and in these Terms of Service. The validation of the order form, associated with the authentication and non-repudiation procedure and the protection of the integrity of messages, constitute an electronic signature. This electronic signature is binding between the parties in the same way as a handwritten signature.
Clause 10: Confirmation of order
An email shall be sent by IBISCUS (SARL) after processing the order. Keeping or printing this email the Customer holds a proof of their order and IBISCUS (SARL) recommends to keep this email. Please note: this email confirms that the customer's order has been taken into account by IBISCUS (SARL) however, this is not a confirmation that the product ordered is available. The order is taken into account and the delivery time shall begin from the business day following the actual payment of the order, if placed after midday. Our product offerings are offered while stock lasts.
Delivery times mentioned are those for shipping within metropolitan France and are subject to COLISSIMO LA POSTE delivery times. In case the product is no longer in stock and after a period of two (2) weeks, the Customer may ask for the order to be cancelled and a refund of his order in writing to elysee.c53@gmail.com or to SWP+ Paris, Customer Service at the: 53 boulevard Strasbourg 75010 Paris France.
Products offers and prices are valid as long as they are visible on the site, while stock lasts and availability of the products are provided at the time of placing the order. Where the product is out of stock, IBISCUS (SARL) will contact the Customer within three working days from sending the confirmation email, and will propose a new delivery time of the Product, which shall be agreed to by the Customer, or the product to be replaced or order to be cancelled.
Clause 11: Visitor Conducts
All visitors must use the Internet responsibly and respectfully and with courtesy with respect to the rights of other Internet users. As such, by accessing the Site, the Visitor shall refrain from: uploading to the Site, displaying, emailing or forwarding by any means, any illegal, harmful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, crude, obscene, indecent content, that would affect the privacy of an individual, including his publicity right, or any obnoxious, offensive or shocking content, from a racial, ethnic point of view or otherwise; uploading to the Site, displaying, emailing or forwarding by any other unsolicited or authorised advertising or promotional means, "flyers", "misleading information", "channel letters “or any other form of solicitation; uploading to the Site, displaying, emailing or forwarding by any other means, any item that contains software viruses or other codes, files or programs designed to stop, destroy or limit the functionality of any software or hardware or any telecommunications equipment; disrupt or stop the Site or servers or networks connected to the Site, or affect the requirements, procedures, rules or regulations of networks connected to the Site; try to interfere with service to any user, host or network, including, and not limited to, exposing the Site to a virus, saturating, flooding the server, email messaging or misrepresenting the TCP/IP protocol header or any part of the information header of any e-mail; accessing data not intended for the visitor or logging onto any unauthorised server / account to the Visitor; attempting to probe, scan or test the vulnerability of a system or a network, or breaching security or authentication steps without any permission; use another person’s identity; carrying out an illegal activity or encourage a third party to carry out an illegal activity or any other activity that would affect the rights of IBISCUS (SARL), its suppliers, partners, distributors, their advertisers or any other Visitor. Providing of forwarding (by any means whatsoever) any information or software derived from the Site, including to other countries or to certain foreign nationals breaching a national or international law or regulation.
In acknowledging the global nature of the Internet, all and every visitor shall comply with all local and international rules and procedures on online conduct and with acceptable content, including any current law on transmission of technical data.
IBISCUS (SARL) may, at any time and for any reason whatsoever implement any means, stop the user from using the Site or any IBISCUS (SARL) service whatsoever, without any notice, for any conduct breaching these Terms of Service, without prejudice to any damages that IBISCUS (SARL) reserves the right to claim against the Visitor for failing to comply with the Terms use of the Site.
Clause 12: Terms of Payment and Security
12.1 - Terms of payment - the Customer can make a payment:
Product prices are in Euros, VAT included, excluding any shipping costs. The shipping costs under these general terms of sales, are the responsibility of the customer (unless otherwise mentioned or any special conditions). Any change in VAT rates will be automatically reflected on the price of the products. The only accepted payment method is credit card. Availability and shipping times are mentioned from the date the payment has been processed. The invoice for the product will be attached to the parcel containing the product ordered. Prices in a different currency are given for information only. Prices can be changed at any time without any prior notice. However, items will be charged based on prices at the time the order is processed. The customer's account will only be debited for the price amount of the products ordered and actually shipped.
12.1.1. Payment by credit card: Payment is made on the secure bank servers of our partners (Paypal, Payplug). This means that no bank details are forwarded through swp-plus.com website.
12.1.2. Payment by bank transfer: Your order will only be processed upon receipt of bank transfer and validation of bank credit. If no payment by bank transfer has been received after 7 days, the order will be cancelled.
12.2. - Security - your credit card details are encrypted using the SSL (Secure Socket Layer) Protocol and are never visible when going through the network. Payment shall be made directly with the Bank. swp-plus.com have no access to these details or to your credit card number and does not keep them on their servers. That explains why you are being asked to provide this details for each new transaction on our site.
12.3 - Provision of Reservation of ownership - the products remains the property of IBISCUS sarl until full receipt of your payment by swp-plus.com . The risks of the delivered goods shall remain under the responsibility of IBISCUS sarl and their carrier from the time the parcel has been shipped.
12.4 - Default of Payment - swp-plus.com reserves the right to refuse to deliver or to process an order from a customer who would not have paid a previous order in full or in part or with whom a dispute is under administration.
12.5 - Use of vouchers - if any, vouchers can be used for the purchase of material goods. Promotional vouchers and vouchers credited to your account as a commercial gesture, may not be converted to a refund cheque. Also, vouchers or gift vouchers have a limited period of use.
Clause 13: Terms of delivery and delivery time
13.1 - General - Products are delivered to the delivery address that you provided during the order process. Delivery in metropolitan France (including Corsica), Monaco, the DOM, TOM, territorial and international communities.
13.2 - Free delivery: A promotional free shipping may be offered for certain products, for certain periods or for certain orders. This option is generally limited in time and is intimately linked to the amount of the order. If your order reaches a certain threshold, the page displayed will tell you if the conditions for a free shipping are met. In any case, shipping will be charged unless information on free shipping is identified and displayed on the page your order mentioning that shipping is free. The conditions required for the free delivery may be cancelled at any time without prior notice. If offered, free shipping will only concerns domestic shipping in France.
13.3 - Shipping Times - If your order is placed before 12:00, it will be processed within the day. If your order is placed after 12:00, it will be processed the next morning. All delivery times are calculated in business days. These times are usually provided by the shipping provider identified on the site. Currently, shipping is provided by "Colissimo La Poste" against signature of the consignee within 48 h - 72 h in all metropolitan France (including Corsica) and Monaco. Unless any case of force majeure, the delivery times will be those indicated below, while stock lasts. Colissimo La Poste delivery to the consignee against signature is made within 5-7 days in the French overseas departments (Guadeloupe, Guyana, Martinique, and Reunion), TOM (French Polynesia, New Caledonia, Wallis and Futuna, Austral and French Antarctic lands) and local authorities (Mayotte, St Pierre and Miquelon). Colissimo La Poste delivery to the consignee against signature is done within 4-8 days for the rest of the world.
13.4. Delay in delivery - If the parcel does not arrive within the time guaranteed by DHL EXPRESS, allows the Customer to track the parcel with the COLISSIMO tracking number that the customer will receive by email. Upon delivery of the parcel, the customer shall check the conformity of the products delivered before signing the delivery receipt. If required, the consignee must report any reservations for defects identified (damaged parcel, damaged product) and sign the delivery receipt. Where a parcel is lost, IBISCUS sarl is required to wait for the expiry of the time limits imposed by COLISSIMO LA POSTE relating to the loss report and the refund of the shipping costs. IBISCUS sarl will open the claim. With this in mind, IBISCUS sarl may require the consignee to provide some documents for the claim.
13.5. Geographic area of delivery - Tax refund - Products sold by IBISCUS sarl are delivered in France + Monaco + Corsica + Andorra only All orders will be invoiced all taxes included (TTC). The Customer will be entitled to the French VAT refund corresponding to the products ordered only if the Customer meets the conditions required to qualify for a tax refund.
IBISCUS sarl reserves the right to reject any request for VAT refund that does not correspond to the conditions mentioned in these Terms of Service, and to those required by the customs services. Any request relating to tax refund and/or intra-Community VAT shall be made after invoicing of the product(s) related to. If the customer is an individual or an entity not subject to VAT, and an Intrastate national, the Customer will pay the prices all taxes included, including shipping costs if any. If the customer is an entity subject to VAT (including a non-French company located in a state of the European Union), the Customer shall send an order to IBISCUS sarl on a letterhead of their entity or company subject to VAT, which shall expressly mention the VAT number. Upon receipt of this proof and verification of the VAT number, an invoice with ‘tax not included’ will be sent with a cheque for a refund of the amount of VAT corresponding to the products invoiced. IBISCUS sarl reserves the right to reject any request for VAT refund that does not correspond to the conditions mentioned in these Terms of Service, and to those required by the customs services. In the event where an order or a product is to be relocated by the Customer to another country than metropolitan France, the Customer shall remain the importer (or intra-community buyer) of the relevant product(s). Customs duties, local taxes, import duties or state taxes that may be required are their sole responsibility. The Customer must check with the local authorities of their residence, the conditions of entry of the products ordered and the Customer shall make any relevant declaration or payment corresponding with the relevant agencies of the relevant country. In addition, the customer shall check with the local authorities the opportunities of import or use of the products or services that the Client intends to deliver. The Customer shall also ensure that the technical specifics of the manufacturer comply with the legislation of the relevant country. If the customer does not comply with the law of the country where the Customer have imported the products to, IBISCUS sarl may not be held liable for that. In particular, if the Customer have their order delivered to a country other than the French territory, the Customer shall be required to pay for any tax, fee or remuneration payable in respect of private copy or more generally in respect of intellectual property rights. The Customer should check if the product is subject to this tax, licence fee or remuneration, the amount thereof and the terms of their statement and payment to the authorities mentioned by the law of their place of delivery.
Clause 14: Checking the products delivered
14.1. Delivery
The Customer is required to check the condition of the packaging and the conformity of the product delivered. Any claim on the visible defects or nonconformity of the product delivered shall be reported by the Customer within three working days from the date of delivery of the product to the customer, by registered letter with acknowledgement of receipt to IBISCUS sarl, Service Clients SWP+ Paris IBISCUS sarl, 53 boulevard Strasbourg, 75010 Paris, France. Where appropriate, the copy of the letter sent to the carrier or copy of the “Tampering Report” or “Defect Report” will be attached to this claim. Where the defect is unrelated to the transit the return number may be requested by phone to the Customer Service Clients of IBISCUS sarl. If a claim is not lodged within the aforementioned period, the goods delivered will be deemed compliant and accepted by the customer. No product may be exchanged before returning them and being received by IBISCUS sarl, in good condition, as delivered by IBISCUS sarl. Before returning any product to IBISCUS sarl, the Customer must contact IBISCUS sarl by calling Customer service on (+ 33) 142090006 to obtain a return authorization number to be visibly affixed on the parcel to be returned. Any product returned without a return number will be rejected and returned to sender. Products will be returned in accordance with the terms of section below. And in any event, notwithstanding any legal guarantees and right of withdrawal to be exercised.
14.2. Reservation Rights
Where the order is delivered by COLISSIMO LA POSTE, if the parcel arrives opened or damaged (including with "DHL EXPRESS" yellow tape), the customer may accept it or reject it. If the Customer or their representative choose to accept the delivery, the Customer shall write their "handwritten reservations” and have the postman sign and fill a "Defect Report" form as stated in the DHL EXPRESS regulations. This form shall be sent so that IBISCUS sarl may start an investigation and proceedings for compensation, as appropriate. If the customer or their representative choose to reject the goods, in addition to the "handwritten reservations" to be issued, the Customer shall ask the carrier to return the parcel to IBISCUS sarl with a “Tampering Report” (report 170). As a precautionary measure, IBISCUS sarl shall ask the Customer to keep a copy of this form. Where the order is delivered by other carriers, whether the Customer accepts or rejects the delivery of any parcel opened or damaged, the Customer shall issue their "handwritten reservations" notified by the Customer on the delivery slip and will notify IBISCUS sarl and the carrier by mail within three (3) working days from delivery. Some carriers may be required to perform a home inspection in order to observe the condition of the parcel delivered before being picked up and if any re-routing to the after-sales service, with an incident report.
14.3. Error in Consignee
Where the Customer receives a delivery when he is not the intended consignee, IBISCUS sarl will ask the Customer to keep the parcel as is and advise the customer service as soon as possible, by phone on:
(+ 33) 142090006 between 9 am and 7pm, all day from Monday to Friday, except holidays, or by logging in to the website, on the "Track your order” section, and after selecting the relevant order, the Customer will insert their comment via a drop-down menu. If the product is not in conformity with the order, the customer will be able to lodge a claim with the customer service. (I) by phone on: (+ 33) 142090006 between 9am and 7pm all day from Monday to Friday, except holidays. (II) or logging on to the IBISCUS sarl website, "Recent orders" page, and after selecting the relevant order, the Customer will make their inquiry via a drop-down menu. He will be asked to provide precise details on the reasons for non-conformity.
Clause 15: Processing undelivered parcels by La Poste
These are parcels which have not been delivered to the consignee for the following reasons: Not found at this address, not claimed (these are parcels which were not claimed by the consignee at the post office within the time allowed) and declined (these are parcels the Customer declined).
15.1 - Returns to sender on “Not found at this address “not claimed or declined" grounds - upon receipt and acceptance of your parcel by our services, we will offer you to reship the product originally ordered or an exchange product with similar features and prices, based on available stocks. If the exchange offer has been declined, a refund cheque will be made upon receipt of your parcel. The cheque for the amount of your product(s) will be sent to you within 15 days.
15.2 - Returns to sender for "tampering" - these are parcels which were not delivered to the recipient because of tampering: empty parcel, torn, parcel opened, damage traces... If the parcel is damaged, torn, empty, you must refuse the parcel and contact our services for report. You must request the shipping provider to provide a report for tampering when you refused the parcel. We will offer you to reship at our costs the product originally ordered or an exchange product with equivalent features if you do not confirm this option, a refund will be sent to you by cheque for an amount of the damage within 15 days. This refund will be only effective upon receipt of the tampering report issued by the La Poste or the carrier.
Clause 16: Right to return
The customer can download a cancellation form, here if you did not keep the form that was inserted to your parcel: [Cancellation Form (PDF format) to download and to be sent to Patricia Reynier]
16.1 - Returns for cancellation - Whatever the reasons, and without explanation, the Customer can return the product within 14 days. For hygiene reasons, products must be returned unused, in their original packaging. In accordance with Article L.121-20 and following of the Consumer Code, you have a period of 14 days to receive your order to inform us that you wish to retract. Please refer to the previous article of the General Conditions of Use to organize the return of the product.In the case of a refund request, a refund by credit card, via the financial provider used during your purchase, will be made within 14 days. The refund will be made upon receipt of your parcel by our services, or upon receipt of proof of reshipment.
16.2 - Returns - During the warranty period, if the product is defective, it may be replaced. Under the warranty, the Customer has 24 months to use the re-shipping form placed inside the parcel or to request the product to be returned by contacting our services. Please refer to Clause 9(4) of the Terms of Service to claim a free of charge return. Please refer to Clause 4 of our general Terms of Service for the warranty.
16.3 - Return shipping costs -The return costs are the responsibility of the Buyer
> DOWNLOAD THE RETURN FORM (To attach to your package)
Clause 17: Committing to Quality
If the resupply of the product is unusually long or impossible, we will replace the item ordered with an article offering the same performance and whose value is equal to or greater than that of the original product. If we cannot get a replacement item, we will cancel your order and your purchase order will be refunded by cheque. Items sold by IBISCUS sarl come from all of our listed suppliers. They are guaranteed against any defect (except specifically indicated second-hand items which may have imperfections or wear and tear. Certain items on the site are not original items, however they are quality items. If an item was found faulty or in non-complying, IBISCUS sarl shall refund the amount paid for this item subject to the above mentioned conditions. Furthermore, IBISCUS sarl shall be still held liable for lack of conformity of the product and for hidden defects under the conditions provided for in the following articles: Article 1641 of the civil code: "The seller is bound to the warranty for hidden defects of the item sold making it unsuitable for its intended use or impairing this use in such an extent that the Buyer would not have bought it or would have offered a lesser price if he was aware of that." Article. 1648-1 civil code: "Any action resulting from unacceptable defects must be brought by the buyer, within a period of two years from the time the defect was found.” Article L.211 - 4 of the Consumer code: "The seller is required to deliver an item in compliance with the contract and is responsible for any existing lack of conformity on delivery. The Seller is also responsible of the lack of conformity resulting from the packaging, assembling instructions or installation when this was incurred under the agreement or carried out under their responsibility". Clause 211-5 of the consumer code: "For a product to be compliant with the agreement, it must: (1) be suitable for the intended use of a similar item and, where appropriate:- match the description given by the seller and have the qualities presented to the buyer in the form of a sample or model; - show the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, including in advertising or labelling; (2) or show the features as jointly agreed by the parties or be suitable for any special use sought by the buyer, whose the seller was made aware of and accepted by the latter" Article 211-12 of the consumer code: "The action resulting from the lack of conformity is limited to two years from the delivery of the product." Our products are consumable and safe when they are handed over to the carriers. The conditions of storage in our warehouses are designed to ensure that the products are properly stored. We recommend to store the products in a healthy place, protected from sunlight, sun, frost and rain and from unexpected variation in temperature.
Clause 18: Security of transactions
When the Customer pays (by credit card), the Customer is prompted by IBISCUS sarl at the final step of the order, to enter their card number, expiry date and security code at the back of the card. Different access to authorization servers are then carried out in order to check the information and of course to avoid any misuse and fraud. At this time, the server is encrypted and all personal information sent to the server is coded. It is therefore impossible to read them online. For a stronger security of online transactions, a Be2B online payment system is proposed to the customer who can encrypt with a key, the Client card number. However, guarantees granted by IBISCUS sarl in respect of the security of the transactions are identical to those obtained by IBISCUS sarl from software developers.
Clause 19: Personal data and GDPR
Under the 'GDPR' Act: Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, the information requested from the Customer are necessary to processing the order and are intended for the services of IBISCUS sarl. The Customer has the right to access data held about him or her. Upon request, it can be communicated to the Customer and, in case of error or modification, be rectified. The customer may also object this information to be passed on to a third party by notifying IBISCUS sarl in writing, sent to: 53 Bld Strasbourg, 75010 Paris - France.
Data recipients are the controller, his internal services in charge of the management of the mailing list, the contractor managing the IBISCUS sarl server, any person legally authorized to access data (legal services, if any). The data processing period is limited to the time you subscribed to our communication services, being understood that the Client may withdraw their consent and unsubscribe at any time by clicking the Unsubscribe link at the bottom of each email. The server hosting the mailing list is hosted by OVH which means that your data may be sent outside EU under article 46.2.d of the GDPR - as OVH provided consistent protection clauses based on the model established and approved by the European Commission. You have the right to ask the controller to access personal data, rectification or deletion of this data or to request data processing to be limited to the relevant person and you have the right to object to data processing and the right to object to data portability. The data controller is OVH. The Customer has the right to lodge a complaint with a supervisory authority. You will be required to provide your email address to receive the above communications, and it is fully optional.
For all processing of personal data carried out in relation to this agreement, the parties will comply with the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) GDPR. IBISCUS sarl guarantees their strict compliance with GDPR for all personal data processing carried out in connection with these PATRICIA-REYNIER Terms of Service.
Personal data of the service provider: If IBISCUS sarl processes any provider’s personal data or allows a third party to do so, IBISCUS sarl shall inform the service provider and will comply with the GDPR, and if necessary, instruct the third party to do the same and to ensure they will comply with this instruction.
Personal data of the customer: IBISCUS sarl’s service provider processes the Customer’s personal data, as detailed in the personal data processing policy Exhibit A on the site. If the service provider carries out other processing of the Customer’s personal data, or allows a third party to do so, they will have to inform the Customer and comply with the GDPR, and if necessary instruct the third party to do the same and to ensure that it will comply with the instruction.
Third Party Personal data - Confidentiality agreement: If services provided involves the processing of third party personal data, this personal data should be kept confidential.
Outsourcing personal data: The service provider may need to process personal data on behalf of IBISCUS sarl or the Customer, the Customer will exclusively set the purposes and the processing means. In this case, IBISCUS sarl will be responsible for the data processing and the service provider will be their subcontractor, within the meaning of article 28 of the GDPR. Prior to outsourcing any personal data, the parties will enter into a subcontracting contract in line with the GDPR
Co-contracting personal data: The service provider may be required to determine, jointly with IBISCUS sarl, the purposes and means of personal data processing. In this case, IBISCUS sarl and the service provider will be jointly responsible for the data processing, within the meaning of article 26 of the RGPD. Prior to any personal data co-contracting, the parties will enter into a co-contracting agreement in line with the GDPR.
Clause 20: Responsibilities
20.1. Accessing the Site and functionality of the Site
The Visitor is personally responsible of his IT and communications means to access the Site and has the knowledge required to use the Internet and to access the Site. The visitor shall bear the connection and material costs in relation to online connection, accessing and using the Site. The Visitor uses the Site at its own risk. IBISCUS sarl may not be held responsible for any damage any visitor may suffer arising from using the Site. Furthermore, IBISCUS sarl ACCEPTS NO RESPONSIBILITY FOR ANY CONSEQUENTIAL DAMAGE, REGARDLESS OF THE CAUSES, ORIGINS, TYPES OR CONSEQUENCES, INCLUDING ANY COSTS THAT MAY ARISE IN PURCHASING THE PRODUCTS ON OFFER ON THE SITE, LOSS OF PROFITS, LOSS OF CUSTOMERS, LOSS OF DATA, OR ANY OTHER LOSS OF INTANGIBLE ASSETS THAT MAY OCCUR FROM ANYONE ACCESSING THE SITE OR FROM AN ACCESS DENIED TO THE WEBSITE OR FROM ANY CREDIT GIVEN TO ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY BY THE LATTER.
20.2. Limitation of liability
The Site also contains information from third parties and links to other Internet websites. IBISCUS sarl does not check the accuracy of the information or their content. Accordingly, IBISCUS sarl may not be held responsible for damages resulting from the use, access to, or inability to use this third-party information, nor for the content of other websites. IBISCUS sarl shall not be liable for any warranty of any kind, whether expressed or implied with regard to the integrity, accuracy, relevance, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability with to the intended use by the visitor. Any claim made by a visitor against IBISCUS sarl shall be lodged within 6 months from the occurrence of the event, purpose of the complaint.
Clause 21: Force majeure
IBISCUS sarl accepts no responsibility for any breach of its contractual obligations in the event of a force majeure or fortuitous, including, but not be limited to, disasters, fires, internal external strike, breakdown or internal or external failure, and in general any event that prevents a proper order fulfilment.
Clause 22: Entire Contract - Nullity of a clause
These terms and any related sections (security, payment, delivery, and warranty) represent all the rights and obligations of the parties with regard to product orders online. No general or specific term provided by the Customer may be part of these Terms of Service. If one or more clauses of these Terms of Service are deemed null and void or declared as such under a law, a regulation or consecutive to a final decision of a competent court, the other clauses will remain effective.
Clause 23: Clause of reservation of Ownership
The mere provision of a title of payment does not constitute a payment. The provisions below shall not prevent the risks of loss or damage to be transferred to the Customer. Any return costs to be incurred shall be borne by the Customer. IN THE EVENT OF FAILURE TO PAY ALL OR PART OF THE PRICE OF THE ORDER, IBISCUS sarl SHALL RESERVE A RIGHT OF OWNERSHIP ON THE PRODUCTS SOLD, UNTIL FULL PAYMENT, ALLOWING ENJOY TO RECLAIM SAID PRODUCTS. ANY DEPOSIT PAID BY THE CUSTOMER SHALL BE RETAINED BY IBISCUS sarl FOR COMPENSATION, WITHOUT PREJUDICE TO ANY OTHER ACTIONS ENJOY WOULD BE ENTITLED TO BRING AGAINST THE CUSTOMER.
Clause 24: Governing Law - Competent courts
Any dispute arising from the order, for example, execution, interpretation, validity or cancellation will be governed basically by the French Law (with regard to both substance and form, except the provisions of the Vienna Convention of 11 April 1980 on the international sale of goods. ANY DISPUTE RELATING TO THE INTERPRETATION OR APPLICATION OF THESE TERMS OF SALE SHALL BE BROUGHT BEFORE THE PARIS COURTS, EVEN IN CASE OF PLURALITY OF RESPONDENTS OR THIRD PARTY CLAIM.
Clause 25: Consumer Mediator L. 616. 1 of the Consumer Code
The customer has the right to appeal for free to a consumer mediator for an amicable resolution of a dispute with IBISCUS sarl The customer may apply to CM2C 14 Rue Saint Jean, 75017 Paris, www.cm2c.net, or on the following link https://www.cm2c.net/Consommateur-comment-nous-saisir.
Clause 26: Legal information
Publisher: swp-plus.com site has been designed and published by IBISCUS sarl, with a capital de EUR 1000, registered in the register of trade and companies of Paris, number 914 379 656, whose registered office is located at 53 boulevard Strasbourg 75010 Paris phone: 09 64 44 10 54
E-mail: contact@swp-plus.com; Director of publication: Michael SELLAM. Chief Editor: Michael SELLAM, individual VAT number: FR29914379656, SIRET: 914 379 656 000 12; Host: Site hosted by company OVH Groupe SAS, RCS Lille number 537 407 926 at 2, rue Kellermann, 59100 Roubaix. Address for correspondence: SWP+ Paris, IBISCUS sarl, 53 boulevard Strasbourg, 75010 Paris. In order to better process your inquiries, please specify the subject of your mail after the words "Customer Service": Unsubscribe, refunds, supporting documents, inquiry... Also please mention your full name, postal address, email, and if your inquiry is about an order, the order number.