General Terms and Conditions of Sale

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are concluded exclusively between (1) the company TMCO registered in the Paris Trade and Companies Register under number 880 871 975, whose registered office is located at 90 rue d'Assas 75006 Paris, in its capacity as publisher of the website reseaswimwear.fr and reseaswimwear.com, a distance selling service for its products, the exclusive holder of the license to use the RESEA SWIMWEAR brand on the web (hereinafter referred to as the brand) and (2) any person making a purchase on the reseaswimwear.com website (hereinafter referred to as the "Customer").
The Customer hereby formally declares that he is a private individual, non-professional or merchant, that he is of age or has parental authorization and that he has full legal capacity to contract and place an online order on the reseaswimwear.com website (hereinafter, "the Site")
These general terms and conditions of sale apply exclusively to natural persons who are not merchants and are at least 18 years old.
The customer is understood to be any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity, aged at least 18 years and having ordered at least once on the site.
The creation of a customer account is reserved for all natural persons aged at least 18 years.
The Customer and the Site agree together that their relationship is governed exclusively by these General Terms and Conditions of Sale.
In this respect, the Customer acknowledges that any order validated by "double click" implies irrevocable acceptance of these General Terms and Conditions of Sale. This validation by the Customer associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes the manifestation of the unequivocal will of the Parties thus deemed to be signatories to the act of distance selling.
RESEA SWIMWEAR reserves the possibility of adapting or modifying at any time the present General Terms and Conditions of Sale. Each order will be deemed to be subscribed according to the terms of the GSC in force on the day of its placing on the reseaswimwear.com website, the date of the online publication of the GSC being considered as the date of entry into force.
For any question relating to an online purchase, the Customer can contact RESEA's Customer Service :

Either, directly on the website, through the contact forms by accessing his personal space in the "My Account" section,
Or by phone at + 33 (0) 7.84.60.63.74, Monday to Friday from 9:30 am to 6:30 pm
Or by email to the following address: contact@reseaswimwear.com

ARTICLE 1. VALIDATION OF THE ORDER ON THE RESEASWIMWEAR.COM WEBSITE

To place an order on the website reseaswimwear.com, the Customer will be guided through the following steps:

Selection of products on the site in the "Shopping Cart",
Choice, when it is proposed, of the delivery method of the products displayed in the "Basket",
Presentation of the summary of the order, which can be modified, and its total price,
Choice of payment method,
Sending an email to the Customer confirming the order after acceptance of payment.

The order validation email sent to the Customer confirms RESEA SWIMWEAR 's acceptance of the Customer's order, and confirms the formation of the sales contract between the Parties.
Once the order is finalized, it is no longer possible to modify or cancel it. However, the Customer has the possibility of making use of his right of withdrawal, the terms of which are described below.

ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS

The products displayed on the website at a given time are in principle deemed to be available in stock at that time, except for a limited time offer in the context of a particular operation expressly mentioned as such on the product page.
This availability is checked after the order has been accepted in payment and is confirmed by the sending of the shipping email by RESEA SWIMWEAR. In case of unavailability of one or more products, RESEA SWIMWEAR will either propose to the Customer a new delivery date for the ordered product(s) or reimburse the Customer by re-crediting the payment method used at the time of the purchase, and this within 14 calendar days of the payment of the order. If a technical event prevents the re-crediting of the payment method used, RESEA SWIMWEAR will propose to the Customer another means of reimbursement, in particular a transfer to his bank account.
The product and price offers are deemed to be those displayed during the checkout process represented by the "CART" page of the website. Thus, only the price indicated on this page, corresponding to the one invoiced to the Customer at the time of his order, is binding on RESEA SWIMWEAR from a contractual point of view. RESEA SWIMWEAR is not responsible for any typographical errors on any other page that may occur on the graphic and/or promotional elements of the website.

ARTICLE 3: PRICES

The prices displayed on the site are expressed in euros (€) and are public prices including all charges as they may be applicable in metropolitan France at the date of consultation of the said offers. The VAT applied is that in force on the date of the order. Specific taxes, other than VAT, applicable according to regulations (such as the furniture eco-tax or the participation eco-tax), are only indicated on the shopping cart page, which is the only authentic page as indicated in the last paragraph of article 2 above.
All product prices are displayed on the site excluding shipping costs or any other accessory service. They only include the price of the product itself, as described, as well as its packaging.
RESEA SWIMWEAR reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time the order is placed, subject to availability on that date.
The products remain the property of RESEA SWIMWEAR until full payment is received by the brand.

ARTICLE 4: PAYMENT

4.1 TERMS OF PAYMENT

Whatever the method of payment chosen among those accepted on our site, the orders will be considered recorded only after validation or receipt of payment. Thus, as long as the payment is not validated by the intermediary chosen by the consumer, the order cannot be prepared by RESEA SWIMWEAR.
The Products will be paid in EUR (Euros). The Customer will also have to pay the compulsory taxes and duties as well as the possible bank charges which will always be at his expense.

4.1.1 CASH PAYMENT BY CREDIT CARD

Payment can be made by the following credit cards: Carte Bleue, VISA, MASTERCARD, MAESTRO and American Express.
The Customer is able to consult the General Terms and Conditions of Sale and Use of each of these bank cards on the websites of our partners.
The choice of one of these payment cards implies tacit acceptance of the general terms and conditions of sale and use of the said partners.
We invite our customers to refer to them, as RESEA SWIMWEAR cannot be held responsible for the conditions thus set by these independent partners.
Online payment by credit card is perfectly secure and allows you to enter the number, expiry date and security code of the card in the spaces provided. Indeed, the credit card details are encrypted thanks to the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted on the network. The payment is made directly to the bank. RESEA SWIMWEAR has no access to these details and cannot store them on its servers. This is why they are requested again for each new transaction on our website.

4.1.2 CASH PAYMENT BY PAYPAL

Payments by Paypal are accepted on the reseaswimwear.com website and are then made through the intermediary of the partner in question and according to its own general terms of sale and use of its services.
The choice of this payment implies tacit acceptance of the general terms of sale and use of the partner.
We invite our customers to refer to them, as RESEA SWIMWEAR cannot be held responsible for the conditions thus set by these independent partners.

4.2 FIGHT AGAINST FRAUD

RESEA SWIMWEAR reserves the right to check the validity of the payment, before shipping the order, by any means it deems necessary (including identification, proof of address, etc.).

4.3 PAYMENT INCIDENT

RESEA SWIMWEAR reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

ARTICLE 5: DELIVERY

5.1 ORDER PREPARATION TIME

RESEA SWIMWEAR delivers the Products ordered only in France (France zone), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland (EU zone) and United Kingdom, China, South Korea, United Arab Emirates, Indonesia, Israel, Japan, Kuwait, Malaysia, Philippines, Qatar, Hong Kong Chinese S.A., United Kingdom, United States of America, United States.Hong Kong SAR of China, Macao SAR of China, Russia, Singapore, Taiwan, Thailand, South Africa, Morocco, Tunisia, Norway, Turkey, Ukraine, Australia, Canada, USA, Mexico (Great Export Zone).
RESEA SWIMWEAR reserves the right to subcontract all or part of the preparation and shipment of the order to a third party mandated for the execution of this service.
All products sold by RESEA SWIMWEAR are deemed to be available in stock, orders are prepared within 48 hours from the first business day following the registration of the order in the sense of these GTC. Thus, orders placed on a Saturday, Sunday or holiday will be processed on the next business day.
All deadlines mentioned on the reseaswimwear.com website are understood to be clear deadlines.
The product ordered is delivered to the address indicated on the order form and recorded as the "delivery" address.
In the event of a data entry error, in particular an erroneous or incomplete delivery address, RESEA SWIMWEAR cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of the products following an error of seizure of the Customer will be the exclusive responsibility of the latter.

5.2 DELIVERY TIMES FOR ORDERS

RESEA SWIMWEAR reserves the right to choose the most appropriate mode of transport according to the nature of the product, its weight and its volume, which the Customer declares to have taken note of and to accept.
Delivery times in Metropolitan France cannot exceed 30 working days after the date of validation of the payment by the Customer (date of registration of the order).
Delivery times cannot be guaranteed in the event of force majeure, as defined by law and jurisprudence. The delivery times do not take into account any procedures for checking the Customer's payment which would delay the dispatch of his order (cf. provisions of article 4.2).
The delivery times announced run from the moment the order is registered. The expected delivery date is indicated on the order. This time is an average time corresponding to the service used for a delivery in metropolitan France. In case of absence, the Customer will be responsible for recovering the product from the services concerned.

5.3 DELIVERY TRACKING

The Customer may at any time track his order using the order number communicated to him in the email formally registering his order, in his "My Account" space on the reseaswimwear.com website.
This space allows precise tracking for each mode of transport provided, of the order and its status, particularly in relation to shipment or its delivery. It is reminded that all communication between the Customer and the Website is essentially carried out through email exchanges, it is essential that the Customer provides RESEA SWIMWEAR with a valid and regularly updated email address. Otherwise, RESEA SWIMWEAR will not be held responsible for the consequences of the communication of an erroneous or not updated email address.

5.4 SPECIAL DELIVERY TERMS AND CONDITIONS

The delivery methods of the products are established by RESEA SWIMWEAR
After the validation of the transport methods and before the payment of the order, the website will display a summary of the order by transport method, for which the products in question are eligible and according to the option chosen by the Customer when it was proposed to him.
The cost of the affected or chosen transport methods will then be displayed before the order is paid for.
When the order has been duly prepared and is ready for dispatch, the Customer will receive an email relating to the dispatch of each part of the order by the transport method thus agreed.

5.5 RECEPTION OF PRODUCTS

The risk in the Goods shall pass to the Customer on delivery, that is, when the Customer (or any third party appointed by the Customer) takes physical possession of the Goods concerned.
Upon delivery of the order, the Customer must check the conformity and condition of the order in the presence of the carrier and, if necessary, issue any useful reservations concerning apparent defects (missing product, damaged package).
It is also the responsibility of the Customer (or any third party that he/she has designated) to check the number and condition of the Articles upon delivery by the carrier. If the package received is open or visibly damaged, or if all or part of the Articles in the package are damaged, missing or do not correspond to the order, the Customer (or any third party that he/she has designated) is invited to refuse receipt of the package or the Articles concerned and to issue, in writing, the necessary and sufficiently detailed reservations to the carrier (open package, package or Article(s) damaged or missing or not conforming to the order, ...)
In any case, the Customer also undertakes to inform RESEA SWIMWEAR without delay via the "Contact Us" section at the bottom of the RE.SEA online store homepage, in order to allow RESEA SWIMWEAR to proceed with an investigation with the carrier and/or to exercise the recourse with the carrier within the time limits provided for by the applicable regulations, if necessary.
In the event of a missing, refused or returned item by the Customer under the above circumstances, RESEA SWIMWEAR will either refund the item(s) concerned within 14 days or reship the damaged/missing item(s).
It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for below or of the benefit of the guarantees available to him as provided for in Article 6 below.

ARTICLE 6: RIGHT OF WITHDRAWAL AND RETURN

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

Deadline

In accordance with the provisions of Article L. 121-21 of the Consumer Code, the Customer has a period of 14 calendar days to exercise his right of withdrawal, without needing to give any reason. This period begins the day after the order is received. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
For health and hygiene reasons, Lingerie or Swimwear type Products are not subject to the right of withdrawal if they have already been worn. In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is spread over a defined period, the period runs from the receipt of the order.

Exercise of the right of withdrawal

To exercise his right of withdrawal, the Customer must inform RESEA SWIMWEAR of his decision by sending, before the expiry of the above-mentioned period of 14 days, an email to contact@reseaswimwear.com
and in response will receive a return authorization with an RMA number. This request for return can also be made by mail including an unambiguous statement expressing the Customer's wish to withdraw.
Unless expressly mentioned by RESEA SWIMWEAR, the costs and the responsibility of the return are at the Customer's charge.
Each Product must be returned new with its original packaging. In case of depreciation of the Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, RESEA SWIMWEAR reserves the right to refuse the refund or exchange of the Product.
RESEA SWIMWEAR will not issue any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or would have another origin than the RESEA SWIMWEAR online store.

Loss of the right of withdrawal

Customised items cannot be returned or exchanged, in accordance with Article L121-21-8 of the French Consumer Code: "The right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised"
. You therefore have no possibility of invoking any right of withdrawal. This is why we recommend that you devote the necessary time and attention to the creation of your article.

Condition of the product

For the exercise of this right of withdrawal, the returned product will have to be returned in a state allowing its immediate resale. The product must therefore be returned in its new condition, with all the instructions and various accessories with which it was delivered and in its original packaging. RESEA SWIMWEAR reserves the right to refuse the refund of the product if all these conditions are not met.
For health and hygiene reasons, Lingerie and Swimwear products are not subject to the right of withdrawal if they have already been worn.

Refund terms and conditions

In case of exercise of the right of withdrawal within the above-mentioned period, and in accordance with the provisions of Article L121-21-4 of the French Consumer Code, RESEA SWIMWEAR will reimburse the Customer for the price of the returned Product(s) minus the shipping costs, if any, of the Product(s) in question within 14 calendar days from the date on which it received the returned Product and subject to the Quality Control carried out upon its return.
Finally, RESEA SWIMWEAR will refund the Customer by re-crediting the payment method used for the payment.

6.2. CONDITIONS OF EXERCISE AND TERMS OF RETURN

Deadline

The Customer has a period of 14 calendar days to return the order, without having to justify any reason. This period starts the day after the order is received. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
For health and hygiene reasons, Lingerie or Swimwear type Products are not subject to the possibility of return if they have already been worn.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is spread over a defined period, the time limit runs from the receipt of the order.

Exercise of the right of return

To exercise his right of return, the Customer must inform RESEA SWIMWEAR of his decision by sending an email to contact@reseaswimwear.com before the expiry of the above-mentioned 14-day period and in response will receive a return authorization with an RMA number. This return request can also be made by mail including an unambiguous statement expressing the Customer's wish to return the order.
Unless expressly stated by RESEA SWIMWEAR the costs and responsibility for the return are at the Customer's expense.
Each Product must be returned in new condition with its original packaging. In case of depreciation of the Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, RESEA SWIMWEAR reserves the right to refuse the refund or exchange of the Product.
RESEA SWIMWEAR will not issue any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or would have another origin than the RESEA SWIMWEAR online store.

Loss of the right of return

Personalized items cannot be returned or exchanged.
You do not have any right of return. We therefore recommend that you take the necessary time and care to create your item.

Condition of the product

To exercise this right of return, the returned product must be returned in a condition that allows it to be sold immediately. The product must therefore be returned in its new condition, with all the instructions and various accessories with which it was delivered and in its original packaging. RESEA SWIMWEAR reserves the right to refuse to refund the product if all these conditions are not met.
For health and hygiene reasons, Lingerie and Swimwear products are not subject to the right of return if they have already been worn.

Refund terms and conditions

In case of return within the above mentioned period, RESEA SWIMWEAR will reimburse the Customer the price of the returned Product(s) minus the shipping costs, if any, of the Product(s) in question within 14 calendar days from the date it received the returned Product(s) and subject to the Quality Control carried out upon its return.
Finally, RESEA SWIMWEAR will proceed to the reimbursement of the Customer by re-crediting the payment method used at the time of payment.

ARTICLE 7 : CLAIM ON THE ORDER

If upon unpacking the products and within 15 calendar days of receipt of the products, the Customer discovers that a product does not comply with the order or the product sheet (e.g. error on the product, model, color, other) RESEA SWIMWEAR undertakes to replace the product or refund the Customer's total costs as soon as the defect is found and confirmed.
In order to do so, the Customer must contact the Customer Service Department to make a claim and follow the procedure given.
After receiving the product duly returned and noting the non-conformity or the damage reported by the Customer, RESEA SWIMWEAR may at its sole discretion

Either send a new product to the Customer at no extra cost,
or refund the amount paid for the product.

Any other potential defect during the "life" of the product will be assessed in the context of recourse to the after-sales service.

ARTICLE 8: SERVICE

The Customer may contact our Customer Service Department to answer any questions regarding the use of a product, its maintenance or the ordering of a defective part.

ARTICLE 9: INTELLECTUAL PROPERTY

All the elements of the reseaswimwear.com website, whether visual or audio, including the brand, the logo, the texts, the photos, the videos and the domain name, are protected by copyright, trademark or patent law. The Editor of the reseaswimwear.com website is the holder of an exclusive license and exploitation contract granted by their owner. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different, even more restrictive provisions of the Intellectual Property Code.
Any reproduction, in whole or in part, of the reseaswimwear.com site or of any of its audio, visual or text content is strictly forbidden without express prior written consent.

ARTICLE 10: LIABILITY

For all stages of access to the site, the ordering process, delivery, customer service or subsequent services, RESEA SWIMWEAR only has an obligation of means. RESEA SWIMWEAR shall not be liable for any inconvenience or damage inherent to the use of the Internet network, including but not limited to service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the case law.
Furthermore, RESEA SWIMWEAR shall not be held responsible in the event that the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 11: COMPLETENESS

In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with all other provisions of these General Terms and Conditions of Sale.

ARTICLE 12: DURATION

These Terms and Conditions apply throughout the duration of the online services and products offered by RESEA SWIMWEAR.

ARTICLE 13: PROOF

The computerized registers, kept in the computer systems of RESEA SWIMWEAR and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.

ARTICLE 14: CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of purchase orders and invoices is made on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

ARTICLE 15: DISPUTES

The present conditions are subject to French law. In the event of a dispute, RESEA SWIMWEAR and the Customer will attempt to resolve it amicably, either through a conventional mediation procedure or through any other alternative dispute resolution method. If the settlement fails, the French courts shall have exclusive jurisdiction.

ARTICLE 16: CUSTOMER SERVICE

For any information or question, RESEA SWIMWEAR 's Customer Service is available to the Customer:

Either by phone at + 33 (0) 7.84.60.63.74
From Monday to Friday from 10:00 am to 6:00 pm
Electronically via the contact form, after logging into the "My Account" area or by email contact@reseaswimwear.com
For all subsequent electronic correspondence, and in order to facilitate and accelerate the processing of requests, it is advisable to use the email address used for the Customer account.
Or by post to the following address:
RESEA SWIMWEAR
Service Client
90 rue d'Assas
75006 PARIS

ARTICLE 17: DATA PROCESSING AND LIBERTIES PROVISIONS

In accordance with the provisions of the law n° 78-17 of January 6, 1978 known as "Data-processing Law and Freedoms" relating to data processing, with the files and freedoms, the automated treatments of the personal data carried out starting from Internet site tilamarch.fr were the subject of a declaration near the National Commission of Data processing and Freedoms (CNIL). The collection of your personal data is mandatory for the management of your purchases and the follow-up of your orders. Your personal data is intended for use by RESEA SWIMWEAR and all of its partners in charge of managing your orders and deliveries and the administrative authorities concerned.
Subject to your consent, the collection of your personal data may also allow you to receive our newsletters, promotional or commercial offers from the reseaswimwear.com or its commercial partners.
Any person has, permanently, a right of access, modification, rectification and deletion of the personal data which concerns him/her in application of articles 39 and 40 of the law "Informatique et Libertés" n°78-17 of January 6, 1978. To exercise this right, send a letter to the following postal address:
RESEA SWIMWEAR
90 rue d'Assas
75006 PARIS

Security of your personal data

TMCO is committed to respecting the provisions of the French Data Protection Act of 6 January 1978. TMCO ensures optimal security measures against the loss, misuse and alteration of information entrusted to it by Internet users. All data received on the website tilamarch.fr are saved daily and stored on a backup medium.

Cookies

During the consultation of the Site, navigation cookies can be implanted in the visitor's computer and record information relating to the navigation of the visitor's computer on the Site such as the pages consulted, the date and time of consultation, etc. A passing banner of information is then displayed and allows the visitor to oppose it. At any time, the visitor has the possibility to deactivate any installation of cookies by adapting the configuration of his or her Internet browser accordingly.
If most browsers are set by default to accept the installation of cookies, the visitor has the possibility to deactivate the use of cookies by selecting the appropriate settings in his or her browser. However, refusal of cookies and other cookies may prevent access to certain features, pages and/or areas of the Website, which the visitor expressly accepts.
To learn more about cookies, please click here

Google Analytics

TMCO reserves the right to track the use of the Website by the visitor using the web analysis service called Google Analytics provided by Google Inc. The Google Analytics system uses cookies (see paragraph above).
The data generated by the cookies concerning the use of the website by the user (including the IP address of the connection) will be transmitted and stored by Google Inc. on servers located in the United States. This data will be used to evaluate the use of the website, to compile reports on the website activity for the TMCO Company and to provide other services related to the website activity and the use of the Internet.
Google Inc. is likely to communicate this data to third parties in case of legal obligation or when these third parties process this data on its behalf, including in particular the editor of this website. Google Inc will not associate the visitor's IP address with any other data held by Google Inc. The visitor has the possibility to deactivate the use of cookies by selecting the appropriate settings in his browser. However, such deactivation could prevent the use of certain functionalities, pages and/or areas of the Site, which the visitor expressly accepts. By using the Site, the visitor expressly consents to the processing of his or her personal data by Google Inc. under the conditions and for the purposes described above. »

APPENDIX : MODEL OF WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract) For the attention of the customer service department,
I/We (*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Name of the product :
Product reference :
Order number :
Ordered on(*)/ Received on (*)
Name of consumer(s)
Consumer(s) address
E-mail address used for the consumer(s) customer account :
Signature of consumer(s) (only if this form is notified on paper)
Date

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