Terms of sale

SECTION 1 - Scope

These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Sway & Co ("the Seller") with consumers and non-professional buyers ("the Customer(s)"), wishing to purchase the products offered for sale by the Seller ("the Products") on the website https://swayandco.com.

They set out in particular the terms of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These Terms and Conditions of Sale may be supplemented by specific conditions, set out on the website, prior to any transaction with the Customer.

These Terms and Conditions of Sale apply to the exclusion of all other terms, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are accessible at all times on the website https://swayandco.com and shall prevail, where applicable, over any other version or conflicting document.

As these Terms and Conditions of Sale may be amended from time to time, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

SECTION 2 - Products offered for sale

The Products offered for sale on the website https://swayandco.com are as follows:

  • Nursing and nursery rocking chairs

  • Outdoor rocking chairs, for gardens and terraces

  • Living room and interior decoration rocking chairs

The main characteristics of the Products, in particular the specifications, illustrations and dimensions or capacity information for the Products, are presented on the website https://swayandco.com.

The Customer is required to review this information before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website https://swayandco.com are not contractually binding and shall not engage the Seller's liability.

The Customer must refer to the description of each Product to be aware of its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in English and is confirmed at the latest at the time the Customer's order is validated.

SECTION 3 - Validity period of the Product offer

Product offers are subject to available stock, as specified when the order is placed.

SECTION 4 - Seller's details

The Seller's details are as follows:

Sway & Co

244 chemin de la ribbe basse

63600 Ambert, France

Email: contact@swayandco.com

Phone: +33 7 81 68 00 39

In accordance with UK data protection law (UK GDPR and the Data Protection Act 2018), the Customer has, at any time, a right of access, rectification, objection, erasure and portability regarding all of their personal data by writing, by post, providing proof of identity, to the Seller's address mentioned above.

Validation of the order by the Customer constitutes full and unreserved acceptance of these Terms and Conditions of Sale.

The Customer acknowledges having the required legal capacity to enter into a contract and purchase the Products offered on the website https://swayandco.com.

SECTION 5 - Orders

5-1. Placing an order It is the Customer's responsibility to select on the website https://swayandco.com the Products they wish to order, in accordance with the following terms:

The Customer can check the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to report or correct any errors immediately.

An order is registered on the website https://swayandco.com once the Customer accepts these Terms and Conditions of Sale by ticking the relevant box and validates their order. This validation implies acceptance of these Terms and Conditions of Sale in full, as well as the website's general terms of use.

The sale is only final once confirmation of acceptance of the order has been sent to the Customer by the Seller by email, which must be sent without delay and after the Seller has received payment in full.

Any order placed, validated by the Customer and confirmed by the Seller, under the terms and conditions described above, on the website https://swayandco.com constitutes the formation of a distance contract between the Customer and the Seller.

Unless proven otherwise, data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order.

The Customer can track the progress of their order on the website https://swayandco.com under "Order Tracking".

The Seller does not sell Products on the website https://swayandco.com to businesses, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities involving more than 10 items.

5-2. Order amendment Any amendments to the order requested by the Customer can only be taken into account by the Seller to the extent possible, and provided they are notified by email to contact@swayandco.com at least 2 days before the scheduled dispatch date of the order.

Should these amendments not be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded within a maximum of 15 days from notification of the inability to accept the Customer's requested amendments (unless the Customer prefers to receive a credit note or an exchange).

5-3. Order cancellation Orders may be cancelled by the Customer, other than through the exercise of the right of withdrawal or in the event of force majeure, at least 2 days before the scheduled date for supply of the ordered Products, at no cost to the Customer.

SECTION 6 - Prices

Products are supplied at the prices in effect as shown on the website https://swayandco.com at the time the order is registered by the Seller. Prices are expressed in Pounds Sterling (GBP), inclusive of VAT.

Prices take into account any discounts that may be granted by the Seller on the website.

These prices are fixed and non-revisable during their period of validity, as indicated on the website; outside this period of validity, the Seller reserves the right to modify prices at any time. They include processing, dispatch, transport and delivery costs.

The payment requested from the Customer corresponds to the total purchase amount, including these costs.

SECTION 7 - Payment terms

The price is payable in full at the time the Customer places the order, by secure payment, using the following methods:

  • By payment card: Visa, MasterCard, American Express, Maestro

  • PayPal, Klarna, Apple Pay

Payment by card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and reimbursement of the corresponding amounts.

SECTION 8 - Delivery

Products ordered by the Customer will be delivered within the United Kingdom.

The delivery time corresponds to the dispatch time indicated on the Product page, plus processing and transit time. Products are delivered within an average of 4 to 8 business days to the address provided by the Customer when placing their order on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in specific cases or where one or more Products are unavailable, ordered Products will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for guidance only. If ordered Products have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request, in accordance with the Customer's statutory rights under UK consumer law. Sums paid by the Customer will then be refunded no later than fourteen days following the date of cancellation of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy this or refund the Customer, as set out in the "Seller's Liability - Warranty" section.

The Seller bears the risk of transport and undertakes to reimburse the Customer in the event of damage caused during transport.

SECTION 9 - Transfer of ownership - Transfer of risk

Ownership of the Products shall only transfer from the Seller to the Customer once payment has been made in full, regardless of the delivery date of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risk of loss or damage relating thereto shall only occur once the Customer physically takes possession of the Products. Products therefore travel at the Seller's risk.

SECTION 10 - Right of withdrawal

In accordance with applicable legal provisions, the Customer has a period of thirty (30) days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide any reason or pay any penalty, for the purposes of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within thirty (30) days of notifying the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing them to be resold as new, accompanied by proof of purchase. Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the website https://swayandco.com, in which case an acknowledgement of receipt on a durable medium will be sent to the Customer immediately by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

Where the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; return costs remain the Customer's responsibility.

The refund will be made within fourteen days (at the latest) from notification to the Seller of the decision to withdraw.

SECTION 11 - Seller's Liability - Warranty

Products sold on the website https://swayandco.com comply with applicable UK regulations and have performance suitable for non-professional use.

Products supplied by the Seller are covered, as a matter of right and at no additional cost, independently of the right of withdrawal, in accordance with the Customer's statutory rights under the Consumer Rights Act 2015:

  • the statutory guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,

  • the statutory guarantee against hidden defects arising from a fault in material, design or manufacture affecting the delivered products and rendering them unfit for use,

under the terms and conditions set out below and defined in the appendix to these Terms and Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).

Under the statutory guarantee of conformity, the Customer has a period of up to six years from delivery of the goods (subject to the specific time limits applicable in England, Wales, Scotland and Northern Ireland) to bring a claim against the Seller; may choose between repair or replacement of the ordered Product, subject to cost conditions provided for by applicable consumer law; and is not required to prove the existence of the defect in conformity during the first six months following delivery of the Product.

The statutory guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to invoke the guarantee against hidden defects; in this case, they may choose between rescission of the sale or a reduction in the sale price.

The Seller will refund or replace Products or parts under warranty found to be non-compliant or defective. Postage costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds for Products found to be non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's confirmation of the defect in conformity or hidden defect. The refund will be made by credit to the Customer's bank account.

The Seller's liability cannot be engaged in the following cases:

  • failure to comply with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to verify,

  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.

The Seller's warranty is, in all cases, limited to the replacement or refund of non-compliant or defective Products.

SECTION 12 - Protection of personal data

In accordance with UK data protection law (UK GDPR and the Data Protection Act 2018), it is noted that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things. This data may be shared with the Seller's partners responsible for fulfilling, processing, managing and handling payment for orders.

The processing of information provided via the website https://swayandco.com meets the legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.

In accordance with applicable UK data protection law, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing regarding information relating to them. This right may be exercised under the terms and conditions set out on the website https://swayandco.com.

SECTION 13 - Intellectual property

The content of the website https://swayandco.com is the property of the Seller and its partners and is protected by applicable intellectual property law. Any full or partial reproduction of this content is strictly prohibited and may constitute an act of infringement, unfair competition, or passing off.

SECTION 14 - Unforeseeability

These Terms and Conditions of Sale expressly exclude the statutory regime governing unforeseen circumstances provided for under French law (Article 1195 of the French Civil Code) for all sales transactions between the Seller and the Customer. The Seller and the Customer therefore each waive their right to rely on the provisions of Article 1195 of the French Civil Code and the regime governing unforeseen circumstances set out therein.

SECTION 15 - Force majeure

Neither party shall be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, as generally recognised under applicable law.

SECTION 16 - Governing law - Language

These Terms and Conditions of Sale and any transactions arising therefrom are governed by French law. They are drafted in English for the benefit of UK customers. In the event of any conflict between this English version and any other translated version, the English text shall prevail.

SECTION 17 - Disputes

Any disputes to which the purchase and sale transactions concluded under these Terms and Conditions of Sale may give rise, whether relating to their validity, interpretation, performance, termination, consequences or aftermath, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under ordinary law.

The Customer is informed that they may, in any event, make use of alternative dispute resolution (ADR), including through an ADR provider approved by the Chartered Trading Standards Institute (CTSI), or through the European Commission's Online Dispute Resolution (ODR) platform where applicable, or any other alternative dispute resolution method (such as conciliation) in the event of a dispute.

Website mediator: [to be confirmed with a UK-approved ADR body — see note below]

SECTION 18 - Pre-contractual information - Customer's acceptance

The act of an individual (or legal entity) placing an order on the website https://swayandco.com constitutes full and unreserved adherence to and acceptance of these Terms and Conditions of Sale, and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, any right to rely on any conflicting document that would not be binding on the Seller.

 

 

APPENDICES

APPENDIX 1 - Provisions relating to statutory guarantees

Under the Consumer Rights Act 2015, the Seller must supply goods that are as described, of satisfactory quality, and fit for purpose. The Seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation where this was the Seller's responsibility under the contract or was carried out under the Seller's responsibility.

Under the Consumer Rights Act 2015, to be considered of satisfactory quality, the goods must:

  • Be fit for the purpose for which goods of that kind are usually supplied and, where applicable:

  • correspond to the description given by the Seller and possess the qualities presented to the buyer by way of sample or model

  • have the qualities that a buyer may legitimately expect having regard to public statements made by the Seller, the producer or their representative, in particular in advertising or labelling

  • Or have the characteristics agreed between the parties or be fit for any particular purpose sought by the buyer, made known to the Seller and accepted by the Seller.

Under the Consumer Rights Act 2015, a claim resulting from a lack of conformity is subject to the statutory time limits applicable under UK law (generally up to six years from delivery of the goods in England and Wales, or five years in Scotland).

Where applicable under any commercial guarantee provided at the time of purchase or repair of goods, where the buyer requests the Seller, during the term of a commercial guarantee granted at the time of purchase or repair of a moveable item, to carry out a repair covered by the guarantee, any period during which the item is unavailable for seven days or more shall be added to the remaining guarantee period. This period runs from the date of the buyer's request for repair, or from when the item is made available for repair, if this is later than the request.

Under the doctrine of hidden defects (an equivalent concept exists under UK consumer protection law), the Seller is liable for hidden defects in the goods sold which render them unfit for their intended purpose, or which so diminish that purpose that the buyer would not have acquired them, or would only have paid a lower price, had they known of them.

Any claim relating to such hidden defects must be brought by the buyer within a reasonable time of discovering the defect, in accordance with applicable UK law.

APPENDIX 2 - Withdrawal form

This form must only be completed and returned if the Customer wishes to withdraw from an order placed on https://swayandco.com, subject to any exclusions or limits on the exercise of the right of withdrawal under the applicable Terms and Conditions of Sale.

To the attention of Sway & Co, by email: contact@swayandco.com

  • Order date: ........................................................... 

  • Order number: ........................................................... 

  • Customer name: ........................................................................... 

  • Customer address: ....................................................................... 

Customer signature (only if this form is submitted on paper)