Terms of sale
Terms and Conditions of Sale
Preamble
These general terms and conditions of sale (hereinafter the "Terms and Conditions") are concluded between, on the one hand, SARL SOWE COMPANY, with a share capital of €1,000, registered with the Bayonne Trade and Companies Register under number RCS 823 119 623, whose registered office is located at Impasse des Saules, Bâtiment Nerea, 64210 Bidart, France, and on the other hand, any individual or legal entity acting as a consumer wishing to make a purchase (hereinafter the "Customer") on the online store sowe-biarritz.com, accessible notably at www.sowe-biarritz.com (hereinafter the "Site").
The Terms and Conditions are available online on the Site. The Customer declares to have read and accepted them. Purchasing products offered on the Site implies full and unconditional acceptance of these Terms and Conditions as well as, if applicable, any contractual documents supplementing or amending them (Special Terms of Sale, order forms, etc.).
These Terms and Conditions shall prevail over any other general or special conditions not expressly approved by Sowe-biarritz.com.
Sowe-biarritz.com reserves the right to modify its Terms and Conditions at any time. In this case, the applicable terms will be those in effect on the date the order is placed.
Article 2: Purpose
The products offered for sale by Sowe-biarritz.com are those listed on the Site (hereinafter the “Product(s)”).
Products are offered
subject to availability. If a Product becomes unavailable after an order is
placed, Sowe-biarritz.com will inform the Customer as soon as possible and,
where applicable, refund the Customer no later than 30 days after payment. The
order will then be automatically canceled.
Each Product is accompanied by a description of its
essential features. Product photos are as accurate as possible but cannot
guarantee a perfect likeness to the actual Product.
Article 3: Product Availability
Products ordered via the Site can be delivered worldwide. The Site is accessible 24/7, except during maintenance periods or in the event of force majeure. As Sowe-biarritz.com is only bound by an obligation of means, it cannot be held responsible for any damage resulting from the unavailability of the Site.
Article 4: Ordering Process
Orders can be placed via www.sowe-biarritz.com. The ordering process is as follows:
- Selection of items and addition to the cart
- Validation of the cart contents
- Customer identification or registration
- Selection of the delivery method
- Selection of the payment method and acceptance of the Terms and Conditions
- Order confirmation and payment
Order confirmation implies full acceptance of these Terms and Conditions, acknowledgment of having read them, and a waiver of the Customer’s own purchasing conditions.
Unless proven otherwise, the data recorded constitutes proof of the transaction. Confirmation of the order is equivalent to a signature and acceptance of the sale.
Sowe-biarritz.com will send confirmation of the registered order by email. The Customer must verify the accuracy of the information provided. Sowe-biarritz.com cannot be held responsible for any input errors or resulting consequences.
The Products remain the property of Sowe-biarritz.com until full payment is received. Sowe-biarritz.com reserves the right to cancel or refuse any order from a Customer with a previous payment dispute or deemed risky.
Article 5: Pricing
All prices are listed in euros, including all taxes, regardless of the Customer’s country of residence, and inclusive of VAT applicable on the day of the order. Any VAT changes may be reflected in product prices.
Prices do not include delivery fees (see Article 8: Shipping and Delivery). Sowe-biarritz.com reserves the right to change prices at any time without notice. The applicable prices are those in effect at the time of order registration. Products remain the property of Sowe-biarritz.com until full payment is received.
Article 6: Payment
The total price is due at the time of order. Payments are only considered final once the full amount is effectively received by Sowe-biarritz.com.
Sowe-biarritz.com only accepts payments from within the European Union and does not cover any additional fees from non-EU countries.
Payment options:
- Credit cards: Carte Bleue, Visa, MasterCard
- Secure payment system: PayPal
Secure Credit Card Payment: Payments are processed via our partner Crédit
Agricole. No banking data passes through Sowe-biarritz.com, ensuring secure
transactions. Card details are encrypted using SSL (Secure Socket Layer) and
are never transmitted in clear text.
Payment is only validated upon acceptance by the banking system and, if required, upon receipt of any additional documents (see Article 7: Anti-Fraud Measures).
By using the payment services mentioned, the Customer agrees to the terms and conditions of the respective service providers. Sowe-biarritz.com is not liable for any direct or indirect damage resulting from their use.
Customers’ accounts will only be debited for shipped Products.
Article 7: Combating Credit Card Fraud
Information related to your order is subject to automated data processing, for which FIA-NET S.A. is responsible. The purpose of this automated data processing is to assess the level of risk of a transaction and to combat credit card fraud. FIA-NET S.A. and Sowe-biarritz.com are the recipients of the data linked to your order. Failure to provide the necessary data will prevent the processing and analysis of your transaction.
If a payment default occurs due to the fraudulent use of a credit card, the contact details associated with your order will be recorded in a payment incident file managed by FIA-NET S.A. Any irregular declaration or anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose the use of your personal data at any time by writing to FIA-NET, Service Informatique et Libertés, Traitements n°773061 and n°1080905, 15 rue du Faubourg Montmartre, 75009 PARIS, France, and providing proof of identity.
Sowe-biarritz.com reserves the right to verify the personal data provided by the customer and to take any measures deemed necessary to ensure that the person whose bank account is being charged is indeed the one who placed the order, in order to prevent any fraudulent payment. This verification may involve requesting proof of identity and/or proof of address and/or bank documents (such as bank details or a voided check).
Failure by the customer to respond to such a request within 2 days of the request being made by Sowe-biarritz.com will result in the automatic cancellation of the relevant order, without the possibility of any subsequent claim.
Sowe-biarritz.com also reserves the right to directly cancel any order that presents one or more risk factors indicating possible fraudulent credit card use.
Article 8: Shipping and Delivery
Excluding sales periods, any order placed before 1:00 p.m. from Monday to Friday (excluding public holidays) will be prepared and shipped the same day, subject to payment validation (see Article 10: Payment).
The delivery times indicated below are calculated from the moment the parcel leaves the premises of Sowe-biarritz.com. Sowe-biarritz.com declines all responsibility for any delay in delivery caused by the carrier, particularly in the event of product loss, bad weather, or strikes.
Sowe-biarritz.com commits to delivering the items ordered and paid for by the customer within the expected timeframe. If the items are not delivered within 7 days from the scheduled delivery date, and if this delay is not due to force majeure, the customer may cancel the sale by sending a registered letter with acknowledgment of receipt to the following address: Sowe-biarritz.com, Impasse des Saules, Bâtiment Nerea, 64210 Bidart, France.
All sums paid by the customer will then be refunded in full.
In the case of a prolonged delivery delay, you must report the issue within a maximum of 7 days by email to the following address: contact@sowe-biarritz.com.
We will then contact the postal services to open an investigation.
The customer is required to check the condition of the delivered items. If a visible anomaly is found on the package (e.g. damaged package, opened package, signs of liquid, etc.), the customer or the recipient must not open the package, but return it unopened within 5 business days to a local Post Office to request a formal report.
Opening the parcel cancels any possible claim with the carrier (La Poste, GLS, etc.). Customers are also invited to report the issue immediately to our customer service at: contact@sowe-biarritz.com.
The customer must report any delivery issue to customer service within 3 business days following delivery (or refusal of delivery).
Any anomaly concerning the items (damage, missing item compared to the order slip, damaged or opened parcel, broken or defective item, etc.) must be reported within three days of delivery.
If the above procedures are not followed, no claim will be accepted.
All items offered by Sowe-biarritz.com are covered by the legal warranty provided by Articles 1641 and following of the French Civil Code (see Article 12: Liability & Warranty).
Once the customer has received the product, they assume full responsibility for any damage or loss.
Shipping fees and delivery times:
In case of a data entry error, particularly an incorrect or incomplete shipping address, the seller cannot be held responsible for any delay or failure in delivery.
All costs related to the reshipment of products due to a customer input error will be borne solely by the customer.
The customer can choose from the following shipping methods and rates:
Shipping options can be selected during checkout.
An email with the tracking number will be sent to you when the order is shipped.
The delivery times indicated below are expressed in business days.