General conditions

1. Terms of purchase and acceptance:

www.swimindesign.com is a domain of Swim in design, SLU (Hereinafter SWIM IN DESIGN or E-SHOP), established in Veïnat de les Terreres, 3, 17116, Cruïlles (Girona. Spain), NIF/CIF B-55201396 and email miws@swimindesign.com.

These General Terms and Conditions expressly regulate commercial relations arising between SWIM IN DESIGN (E-SHOP) and users or customers that the products offered through its domain www.swimindesign.com.

SWIM IN DESIGN believes that having placed an order, the buyer will be unconditionally accepted the General Terms and Conditions which are set out below and any other particular or specific nature that may be established with a view to the acquisition of certain products in the E-SHOP and will be duly indicated on the screen during navigation.

They have been prepared in accordance with current legislation on the subject.

These General Terms and Conditions must be complemented with the Legal Note, Terms of Use and Privacy Policy fixed on the Web www.swimindesign.com page, as well as any other Personal or specific and conditions that may be established in each case.

SWIM IN DESIGN may at any time and without notice, amend these General Conditions and Special Conditions that if included, by posting such changes on the website www.swimindesign.com so that they can be known and again accepted by users.

Customer acknowledges that the acceptance of these Terms will involve the implementation of the order to which they relate, and to any subsequent order, except for cases where new conditions are brought to its attention by SWIM IN DESIGN. The fact that SWIM IN DESIGN not recur at any given moment these conditions can not be interpreted or equal to renounce recourse to them in the future or the past.

2. Information prior to contract

Purchases in www.swimindesign.com page are governed by the general conditions applicable at the date of the order.

The information contained in the product description doesn’t bind SWIM IN DESIGN until confirmation of order acceptance.

Once the purchase the user will see the confirmation of your order through a durable medium confirming the contract concluded.

The order confirmation and proof of purchase (impression the user) is not valid as an invoice.

3. User Registration

The formalization of any business relationship with the E-SHOP through www.swimindesign.com requires prior registration of the customer or user.

The customer may register by completing the fields located the data collection forms provided for this purpose.

4. Formalization of the sale

4.1- Products offered.

SWIM IN DESIGN displayed at all times products for sale along with its own characteristics and its price.

SWIM IN DESIGN reserves the right to decide at any time, the products offered to the users or customers through E-SHOP.

The offers presented by SWIM IN DESIGN are valid within the limits of available stocks. SWIM IN DESIGN reserves the right to change the product mix according to the constraints imposed by its suppliers.

SWIM IN DESIGN may at any time add new products included in it which are governed by the provisions of the General Conditions in force at the time. Also SWIM IN DESIGN reserves the right to cease providing access at any time and without notice, any of the products featured in the E-SHOP.

4.2- Price indication:

The products offered on the E-SHOP, along with their features and prices are displayed. Shipping costs to the User's address also appear on screen.

Published in E-SHOP prices are in Euros (€) and are valid except error typographic.

All prices are including TAX VALUE ADDED (VAT) and any other taxes that may apply, applicable on the date of the order, any change in VAT rate will be applied automatically to the prices of products on sale in the E -Shop.

The offers on products sold in E-SHOP be shown in the "Offers" or indicate in more details and if not otherwise stated, are valid while displayed on the screen.

The purchase will be understood conducted at the domicile of SWIM IN DESIGN.

Before ordering payment Customer may know the detail of the amounts and shipping.

The order doesn’t become effective until the Customer not click "OK", "order with obligation to pay" on the order confirmation screen.

During the selection process of the product and purchase the Customer may at any time cancel the steps already taken and abandon the process.

Once payment is made within 24 hours the customer will receive a message in accordance detailing the amounts paid and recorded data.

4.3- Availability.

Although SWIM IN DESIGN always try to have available the products advertised on their website, exceptionally may be the case of not having the product requested by the Customer.

In this case SWIM IN DESIGN agrees to send to the Customer an e-mail within a reasonable period (from the date you placed the order) to tell the time in which we can send the selected product.

In case of failure to provide the product SWIM IN DESIGN Customer may propose sending an article of equivalent quality and price. The Customer may reject this alternative, which will force SWIM IN DESIGN immediate refund of amounts paid by Customer.

4.4- Shipping product.

SWIM IN DESIGN delivers its products via courier.

The shipping of the items purchased will be paid by Buyer. Express delivery costs will also be borne by the Buyer.

4.5.- Tracking your order.

The customer can know at any time the status of his order.

To do this, SWIM IN DESIGN offers email miws@swimindesign.com.

4.6.- Delivery times.

The maximum delivery time of an order is 30 calendar days. The computation starts the day after confirmation of payment.

The customer will be promptly informed if a delay occurs, in exceptional circumstances, in delivering the part or parts.

The delay in delivering the product doesn’t involve any compensation. Should not be available good on time, the customer will be informed of this unavailability and will be returned the amount paid.

4.7.- Schedules delivery of orders.

Products purchased will be delivered to the person and address listed in the order. The municipal regulations on traffic in the old helmets of some populations of Spain may limit vehicular traffic at specific times.

On Saturdays, Sundays and holidays there will be no way out and delivery orders.

4.8.- Delivery Order.

SWIM IN DESIGN undertakes to deliver the part or parts purchased by the customer at home Buyer stipulated, in the order form (will not be delivered products to post office or booths, or public places)

In the event that the client could not be present at the time of delivery, the order will be delivered to any other person present at the indicated address and be over 18 (EIGHTEEN) years. SWIM IN DESIGN understands that the customer has placed an order authorizing the person at that time at home to pick up your order on your behalf. Therefore, it is the sole responsibility of the customer authorizing a third party to receipt and acceptance of the purchase in the delivery address.

The delivery is considered completed since the product becomes available to the Customer by the carrier and the consignee signs the delivery receipt. For the recipient to verify the products receiving them and expose all the caveats and complaints as appropriate.

If the product arrives in poor condition because of transport the customer must indicate on delivery note and communicate, within 24 hours of receipt, to our Service Client miws@ swimindesign.com, to make the claim. After this period SWIM IN DESIGN is not liable for any claim for this reason.

The delivery man will deliver a delivery note /sales receipt /invoice must be signed by the buyer.

The postage will be paid by the Customer except that the product was defective. In the latter case, if the Customer inform SWIM IN DESIGN of the product defect within the first 8 days from the date of receipt, SWIM IN DESIGN bear the costs of transport.

4.9.- Areas of distribution.

The present service of delivery extends, at this momento at Spain.

For shipments outside Spain or the Peninsula contact us.

5. Payment of buying and selling.

Payment of the price of goods purchased and shipping costs, which will appear on screen, can be made both by and in accordance with the payment means that at all times be brought on screen.

If there invoiced charges had not reciprocated, the User shall so notify SWIM IN DESIGN via email miws@swimindesign.com to resolve this issue.

SWIM IN DESIGN not proceed to send the piece or pieces acquired until receiving confirmation that the Customer has paid.

5.1 Secure payment

When ordering, the customer can choose to pay the purchases you make in SWIM IN DESIGN by: Credit cards (Visa or Mastercard), Bank Transfer or Paypal.

SWIM IN DESIGN has the highest security measures available commercially in the sector.

5.1.a Visa or Mastercard

The payment server SWIM IN DESIGN is under the secure server (SSL) to (name bank). All data indicated during the checkout process, including data from your credit card Visa or Mastercard, come to our encrypted server.

To pay by credit card, the user must follow the instructions on the screen, providing the following information:

 

- Card Number.

- Expiry Date.

- CVV2 or CVC2 -Code card

 SWIM IN DESIGN states that, in any case stored in any way the data provided by users through the payment gateway, and only retained as the purchase is made, the payment is made and until after the time of withdrawal.

SWIM IN DESIGN reserves the right to ask any user E-SHOP you made a purchase, justifying the payment thereof and / or identified by contribution by telematic means (fax, e-mail or the like ) a document that identifies you as a buyer and can include the delivery address (ID card, Passport, Resident Card, Certificate of registration, etc.).

By default, invoices will be send to the email address specified by the customer at the time of his high SWIM IN DESIGN.

5.1.b Bank Transfer

The off-line payment by bank transfer must be made payable to SWIM IN DESIGN into account (name bank) which will be provided by email.

The transfer will be essential to indicate the order number.

6. Right of disdain

The Customer shall have 14 calendar days to withdraw from the contract without having to provide reasons. Within 14 calendar days calculated from the day of receipt of the product.

Before exercising the right of withdrawal SWIM IN DESIGN may serve to analyze the reasons and propose solutions that can satisfy the interest of the Client.

In any case, it is understood that the buyer has known the right of withdrawal from entering the web www.swimindesign.com, which requires reading and acceptance of these General Conditions, and in any case from the time of placing the order.

They may only exercise the right of withdrawal Consumers and users, namely, non-professional individuals.

6.1 Consumer information and user to exercise the right of withdrawal

You are entitled to withdraw from this contract within 14 calendar days without justification.

The withdrawal period shall expire 14 calendar days of the day:

  1.        You or a third party indicated by you, other than the carrier has acquired the physical possession of the goods (in case of a sales contract)
  2.        You or a third party indicated by you, other than the carrier has acquired the physical possession of the last good (in case of a contract for delivery of multiple goods ordered by the consumer and user in the same order and delivered separately)
  3.        You or a third party indicated by you, other than the carrier has acquired the physical possession of the last lot or piece (in case of delivery of a good consisting of multiple components or parts)
  4.        You or a third party indicated by you, other than the carrier has acquired the physical possession of the first good. (in case of a contract for regular delivery of goods during a certain period)
  5.        In the conclusion of the service contract

To exercise the right of withdrawal, you shall notify its decision to withdraw from the contract by an unequivocal statement: letter mailed to SWIM IN DESIGN address in Veïnat de les Terreres, 3, 17116, Cruïlles (Girona. Spain), or email miws@swimindesign.com.

You may use the model withdrawal form below, although its use is not mandatory. You have the option so it electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.swimindesign.com. If you use this option, we will communicate without delay in a durable medium (ex. by email) receipt of such a withdrawal.

To meet the withdrawal period, just chelates communication concerning the exercise by you of this right is sent before the expiry of the deadline.

6.2 Consequences of withdrawal:

In case of withdrawal meanwhile, we will refund all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from the choice by you of a type of delivery other than the least expensive mode of delivery ordinary that we offer) without undue delay and in any event no later than 14 calendar days from the date on which we are informed of its decision to withdraw from this contract. Will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly provided otherwise; in any case, will not incur any fees as a result of the repayment. SWIM IN DESIGN may withhold reimbursement until it has received the parts, or until you have supplied evidence of repayment thereof, whichever condition is met first.

6.3 Model withdrawal form

(Only complete and return this form if you wish to withdraw from the contract)

Attn SWIM IN DESIGN address in Veïnat de les Terreres, 3, 17116, Cruïlles (Girona. Spain), Email miws@swimindesign.com:

Hereby I inform / communicate (*) to desist from my / our contract we gave sale of the following goods / provision of the following services

-          Order / Received:

-          Name Of consumers and users or consumers and users:

-          Address Of consumers and users or consumers and users:

-          Date:

Signature of consumers and users or consumers and users (only if this form is submitted in paper)

7. Returns and Cancellation Policies.

7.1 Return of merchandise under warranty:

In case of individuals, in accordance with the Law of Guarantees, if defective part, subject to submission of the product by the account of the client, SWIM IN DESIGN replace the part with a new similar characteristics, within a period not exceeding 30 days . The refund will be paid by the customer.

7.2 Cancellation of order:

If cancellation of order arrives before the departure of the merchandise, the customer does not have any expenses. In the event of cancellation after the departure of the order, the customer will be responsible for the shipping and return costs of this same order.

8. Protection of personal data.

During the purchase process through the web www.swimindesign.com, SWIM IN DESIGN or any other domain or subdomain linked to it, and owned by SWIM IN DESIGN Customer requests certain personal data.

SWIM IN DESIGN use the personal data supplied by the user for internal use to manage orders and to present the customer with the information requested, and to inform you of offers and promotions that may be of interest to the same.

The Customer authorizes the processing of personal data supplied as necessary for the agreed purchase.

Likewise, authorized to carry out their market research data, develop purchasing profiles in order to implement benefits, discounts and additional offers related to your client status, whether or not derived from the analysis of their buying habits, and send promotional communications through any means (electronically or not) on news, products, services, fairs and special offers from SWIM IN DESIGN.

The personal information collected of customers is stored in a database owned by SWIM IN DESIGN, registered in the Agencia Española de Protección de Datos, which provides the technical, organizational and security measures to ensure confidentiality and integrity of information in accordance with the provisions of Law 15/1999 of December 13, Protection of Personal Data, and other applicable legislation.

Any registered user may at any time exercise their rights of access, rectification, cancellation and opposition regarding their personal data supplied to the Web www.swimindesign.com by writing to SWIM IN DESIGN, e-mail address: miws@swimindesign.com.

9. Applicable law. Submission to jurisdiction.

These General Terms and Conditions, the relationship between SWIM IN DESIGN and the user regarding the same and all matters arising from access and / or use of the site will be governed and interpreted in accordance with Spanish law, submitting specifically the parties to the jurisdiction of the Courts of the Spanish State.

In the event that the user reside outside of Spain, SWIM IN DESIGN and the user submit, expressly waiving any other jurisdiction, to the Courts and Tribunals in the Kingdom of Spain.