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These terms and conditions govern the relationship between the PLC LVA with capital of €33,500, registered with the RCS Paris under number 501 613 731, VAT FR83501613731 and headquartered in Paris - France, 1 rue de l'Arcade, hereafter referred to as "LVA" and the person making a remote purchase via the LVA company’s website, www.swann-paris.com, hereafter referred to as “the Customer". You can always contact Swann by email, by clicking here, or by telephone on +33 (0)1 44 19 74 96.
Both Parties agree that the orders placed with Swann via the internet are governed exclusively by these terms and conditions, to the exclusion of any other condition that might be available on the website www.swann-paris.com.
Every internet user can read the general conditions of sale on the site. These general conditions of sale may be subject to change, the applicable conditions are those in force on the site at the time when your order is placed.
1.1 - Product prices are indicated in euros, including all taxes, excluding postage.
1.2 - All orders, wherever they may be from, are payable in euros.
1.3 - Swann reserves the right to change prices at any time. The products will be invoiced based on the prices in effect at the time of confirmation of the order by Swann as provided for in Article 3.2 of these general conditions of sale.
2.1 - The Customer is considered to have read and accepted these terms and conditions before placing their order.
2.2 - The order must be made on the site: www.swann-paris.com.
2.3 - Both Parties acknowledge that the products featured on the www.swann-paris.com website may not be available or on sale at the time of the order.
2.4 - When entering personal data and information in the "My Account” section, the Customer must ensure that the required information provided is accurate and complete. Any subsequent changes must be stated as soon as possible.
2.5 - Only persons legally capable of entering into contracts for goods and services offered on the site can order on the Swann website.
2.6 - Swann reserves the right to suspend or terminate the account of any customer who contravenes the terms of the general conditions of sale. Any person whose account is suspended or closed will not be able to make a subsequent order on the Swann site without prior authorisation.
3.1 - A confirmation email constitutes acceptance of the order by Swann and a summary of the order (product, quantity, price etc.) will be sent to the customer by Swann.
3.2 - The contract for the sale of the product will be made when the Customer, after having had the opportunity to verify the details of the order and its total price and to correct any errors, confirms the order with Swann, thereby expressing final acceptance which will be deemed to have been received after the Customer makes online payment.
3.3 - Any order which is confirmed by online payment is equivalent to a sales contract being made and, consequently, the acceptance of price, description and quantity of products available for sale as well as the clauses contained in these Terms and Conditions.
3.4 - Data recorded and stored by Swann constitutes proof of all transactions between Swann and its customers.
4.1 - Swann makes every effort to keep its website updated as to fabric stocks. However, stock may run out. In this case, Swann is committed to providing a fabric of equivalent or higher quality.
4.2 - In the case a fabric being unavailable after confirmation of the order (Article 3), Swann will notify the Customer by email, phone or post as soon as possible. The Customer will not get any compensation or damages other than a refund or replacement of the product if it has already been paid for.
4.3 - Items are refunded at the discretion of Swann by crediting the customer's bank account or by cheque, a maximum of two weeks from the payment made by the Customer.
5.1 - Swann strives to ensure delivery within 3 days to 6 working weeks in France depending on the products ordered, after Swann receive the full payment for the order.
5.2 - Swann agrees to notify the Customer of any foreseeable delay in delivery.
5.3 - The products are delivered to the address supplied when the order was placed.
5.4 - Ownership of the goods and related risks are transferred to the customer upon taking possession of them.
5.5 - Upon delivery, any admissible claim by the Customer will only apply to the extent that they relate to the non-compliance of the delivery as regards the quantities of products listed in the order.
5.6 - Any claim regarding the quantity of the products delivered must be made to the courier on delivery of the product. A copy of the claim must be sent to Swann (by email or fax) no later than 12 hours after the claim has been made. It is up to the Customer to provide this by sending Swann a confirmation on the part of the courier of the truth of this claim.
5.7 - In the event of the products’ non-compliance regarding the order, the Customer must contact Swann with a letter or email of complaint. Swann will, where appropriate, exchange or alter the product(s). The request must be made within seven (7) business days following delivery. Any claims made after this deadline will not be accepted. The products should be sent to Swann in the state in which the Customer received them. Shipping costs will be paid by the Customer. This clause does not affect the legal guarantees set out in Article 10.
6.1 - Payment by debit or credit card
6.1.1 - The Customer can pay for purchases online with a debit or credit card via the secure payment system. The debit/credit card number and expiry date are encrypted and transmitted to the specialist payment provider via a secure protocol to which Swann and third parties have no access. This information will only be used again in case of possible returns, to make equivalent refunds.
6.1.2 - The order amount is debited from the Customer's account when the confirmation of payment is made.
6.1.3 - Data recorded and stored by Swann constitutes proof of the order and of all transactions. Data recorded by the payment system constitutes proof of financial transactions.
6.1.4 - Invoices are available on the Swann website in the "My Account” section.
Swann offers its customers bespoke shirt gift boxes. These sets are available in store and online. They can then be used on the online site with the code found on the back of the box which should be entered in the field provided for this purpose at online check-out. Gift sets and vouchers are valid for one year from purchase. After this time, the code is disabled and gift vouchers will not be accepted. However, as a gesture of goodwill and on an exceptional basis, the code can be reactivated in exchange for a payment of 30 euros, provided that the owner of the box or the voucher will use it within 3 months of its expiration date.
Swann offers customers the opportunity to obtain vouchers by referring friends. After the first purchase of each referred friend, the referrer is credited with a voucher worth 20 euros to be used for future orders. For the referral system to work, the referred friend must create an account via the email he received from the referrer and must include the email address of the referrer when creating an account. If it is believed that a person has “self-referred" from a different account, Swann reserves the right to cancel the use of the voucher without this causing a cancellation of the sale. Similarly, the use of a gift set will not necessarily lead to the production of a voucher. Lastly, only a first order for the shirt by the referred friend enables the referrer to receive a voucher: orders for ties, cufflinks and gift sets, for example, are excluded.
The vouchers generated by referrals are valid for 1 year from their date of creation.
9.1 - Custom-made or personalised items. In accordance with Article L. 221-28(3) of the French Consumer Code, the right to cancel cannot be exercised for contracts for the supply of goods made to the Customer's specifications or clearly personalised. Accordingly, all items that are custom-made, made to your measurements or to the Customer's own specifications (made-to-measure shirts, made-to-measure tailoring pieces, personalised or monogrammed items, or items with specific additions or modifications) are not eligible for any right to cancel. This exclusion is brought to the Customer's attention before the order is confirmed, and the Customer's acceptance is a condition for these items to be put into production.
9.2 - Standard products. For products offered on our website that are not custom-made or personalised in any way, the Customer has, in accordance with Articles L. 221-18 et seq. of the French Consumer Code, a period of fourteen (14) days to exercise their right to cancel, without having to give reasons or pay any penalty. This period runs from the day on which the Customer, or a third party designated by them, takes physical possession of the goods.
9.3 - How to cancel. To exercise this right, the Customer notifies Swann of their decision to cancel by means of an unambiguous statement, for example using the model form set out below. This statement may be sent by email via the contact page, or by post to: Swann, 1 rue de l'Arcade, 75008 Paris, France. Swann will send the Customer an acknowledgement of their cancellation request on a durable medium.
9.4 - Return and refund. The Customer returns the goods, in their original condition, no later than fourteen (14) days after notifying their decision to cancel. The direct cost of returning the goods is borne by the Customer. Swann refunds all sums paid, including standard delivery costs (excluding any additional costs arising from a more expensive delivery method chosen by the Customer), no later than fourteen (14) days from receipt of the cancellation decision. Swann may withhold the refund until it has received the goods back, or until the Customer has provided proof of dispatch, whichever is the earlier. The refund is made using the same means of payment as that used for the order, unless the Customer expressly agrees to another means.
Model cancellation form, excluding personalised or made-to-measure products, which are not eligible for the right to cancel (to be completed and returned only if the Customer wishes to cancel an eligible contract):
To Swann, 1 rue de l'Arcade, 75008 Paris, France:
I hereby give notice that I cancel my contract for the sale of the following goods:
- Ordered on / received on:
- Order number:
- Customer's name:
- Customer's address:
- Date:
- Signature (only if this form is notified on paper).
10.1 - Legal guarantee of conformity. Irrespective of any commercial warranty, the Customer benefits from the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code. Swann is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Customer has a period of two (2) years from delivery of the goods to take action, and is exempt from proving the existence of the lack of conformity during the twenty-four (24) months following delivery (Article L. 217-7). The Customer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-12, and then, where applicable, a price reduction or rescission of the sale under the conditions of Articles L. 217-13 et seq. Where goods are repaired under the legal guarantee of conformity, the goods benefit from a six (6) month extension of the initial guarantee. This guarantee applies regardless of whether the goods are custom-made or personalised.
10.2 - Guarantee against hidden defects. The Customer also benefits from the guarantee against hidden defects within the meaning of Articles 1641 et seq. of the French Civil Code. In the event of a hidden defect in the item sold that renders it unfit for its intended use, the Customer may choose between rescission of the sale or a price reduction. Any action based on such defects must be brought within two (2) years from the discovery of the defect (Article 1648 of the French Civil Code).
10.3 - Implementation. To implement the legal guarantees, the Customer contacts Swann's customer service (Article 12). The cost of returning products acknowledged as non-conforming or affected by a hidden defect is borne by Swann.
10.4 - Products comply with French legislation in force.
10.5 - Swann cannot be held liable in the event of fabric supply issues, delivery delays, strikes (including in transport) or any external, unforeseeable and irresistible event preventing the company from performing its obligations on a permanent or temporary basis.
10.6 - The photographs illustrating the products on the Swann website are not binding as regards the colours displayed on our customers' screens, as screen settings may vary from one brand and one user to another.
10.7 - The Customer accesses, uses and navigates the Swann website at his/her own risk.
10.8 - Swann is bound, at all stages of access to the site, only within the limits of due care (best-efforts obligation). Swann cannot be held responsible for any inconvenience or damage arising from the use of the internet, including interruption of service, external interference, the presence of computer viruses or any other event qualified as force majeure, in accordance with the law.
10.9 - The Customer acknowledges and agrees that, to the fullest extent permitted by applicable law, Swann cannot be held liable for any direct, indirect or incidental damage or for compensation for non-pecuniary damages, costs, losses, decreasing turnover or profits or liabilities of any nature whatsoever (even if such damage was known or could have been foreseen by Swann) that may arise from the use or the inability to use the site and its contents. This limitation does not apply to the legal guarantees set out in Articles 10.1 and 10.2.
11.1 - Except in the case of cancellation, which is governed by Article 9 (refund within fourteen days), any refunds due to the Customer following an accepted return or the implementation of a legal guarantee shall be made within a maximum of thirty (30) days from receipt of the products by Swann.
11.2 - Except as otherwise applicable to cancellation, the refund is made by crediting the means of payment used for the order or, failing that, by any other means agreed with the Customer. No item sent back cash-on-delivery will be accepted, whatever the reason.
For information, questions or complaints, the Customer can contact customer service:
- by email, by clicking here
- by telephone on +33 (0)1 44 19 74 96
- by post, for the attention of Swann - 1, rue de l'Arcade - 75008 Paris - France.
Consumer mediation. In accordance with the provisions of the French Consumer Code relating to the consumer dispute mediation process (Articles L. 611-1 et seq. and R. 612-1 et seq.), after contacting us with a written complaint and failing a satisfactory response, you may have free recourse to a consumer mediation procedure with: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France. Tel: +33 (0)1 89 47 00 14. Website: https://www.cm2c.net/declarer-un-litige.php. Email: litiges@cm2c.net. The request for mediation must be made within one (1) year of the written complaint sent to Swann.
Governing law and jurisdiction. This contract is governed by French law. In the event of a dispute, and failing an amicable resolution, the French courts shall have jurisdiction, subject to the mandatory protective rules applicable to consumers.
Swann attaches particular importance to protecting the personal data of its Customers and undertakes to process it in compliance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act No. 78-17 of 6 January 1978 as amended.
Data controller. The data controller is SAS LVA, 1 rue de l'Arcade, 75008 Paris, France.
Purposes and legal bases. The data collected is necessary for order management, delivery, invoicing, management of the customer account and customer relationship (performance of the contract); for compliance with Swann's legal and accounting obligations (legal obligation); and, subject to the Customer's consent where required, for sending commercial communications and for audience measurement (consent or legitimate interest).
Recipients. The data is intended for Swann's authorised departments and for its processors and service providers (payment, logistics, hosting, marketing tools) acting on its behalf and in accordance with its instructions. It is not transferred to third parties for commercial purposes without the Customer's consent.
Retention period. Data is kept for the period strictly necessary for the purposes pursued, then archived or deleted in accordance with the applicable statutory limitation periods.
Customer's rights. The Customer has the rights of access, rectification, erasure, restriction, objection and portability of their data, as well as the right to give directives concerning the fate of their data after their death. They may exercise these rights, or withdraw their consent at any time, by writing to Swann via the contact page or by post to the address above, providing proof of identity. The Customer also has the right to lodge a complaint with the French Data Protection Authority (CNIL).
Cookies. The use of cookies and other trackers on the site is described in our dedicated policy. For further information, the Customer is invited to consult our Privacy Policy section.