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When you browse our site and/or purchase a product, you expressly declare that you have read and accepted the present terms and conditions of sale. The General Terms and Conditions of Sale are not the most attractive information to consult, but they are nevertheless essential and apply to all distance selling contracts; concluded between a private consumer (You) and SWEAR (We), they determine the rights and obligations of each of the parties to the contract and concern all users of the site, including, but not limited to, users who are visitors, sellers, customers, merchants and/or content contributors. Please note that sales to professionals are excluded.
These general terms and conditions of sale apply exclusively between SWEAR, whose registered office is at 4 TER route des Jeunes, 1227 Geneva, with capital of XX CHF, and any person visiting or making a purchase via the https://swear-shop.com website.
Any Internet user may consult the General Terms and Conditions of Sale on the https://swear-shop.com/ website (hereinafter referred to as the "Site"). These general terms and conditions of sale may be subject to change. The conditions applicable are those in force on the Site on the date you place your order.
CONTACTS - Customer Service
If you wish to contact us, our contact details are as follows:
- by telephone from Monday to Friday from 9:00 a.m. to 6:00 p.m. (Swiss time):
- +4179 509 26 62(0) (price of a local call)
- by email: contact@swear-shop.com
- by form: Contact us
Publication director: XXX
Site Host: shopify.com
These general conditions of sale and use of the site (hereinafter, the "Conditions") apply between :
The seller, i.e. the company SWEAR registered under number CHE-462.023.443, whose registered office is: 4 Ter route des jeunes , 1227 Geneva, Switzerland (hereinafter, "We", "Us", "Our", "SWEAR")
And the buyer, i.e. any natural person of legal age acting exclusively within the strict framework of his/her personal needs, who consults the https://swear-shop.com/ website (hereinafter, the "Site") and/or makes a purchase from SWEAR (hereinafter, "You", "Your", the "User" or the "Internet User"). Purchasing from the online store for commercial purposes is prohibited. In particular, the professional resale and distribution of goods ordered from the online store is prohibited.
According to the provisions of the Swiss Code of Obligations (Art. 184) :
• The seller undertakes to deliver the goods and to transfer the right of ownership (for consumers in Switzerland, upon transfer of possession) and ;
• The buyer undertakes to pay the agreed price.
The online store only represents an invitation to the customer to make an offer to conclude a purchase contract for the goods presented.
A binding order only comes into being when the customer has entered all the data required for the execution of the contract, has confirmed that he has read and understood these general terms and conditions of sale and has pressed the "Order with payment obligation" button ("order" or "payment"). Until this button is activated, the customer may select products from the seller's range without obligation and place them in the shopping basket by clicking on the "add to basket" button. Before placing an order, the customer has the opportunity to enter and modify the order data. Placing an order constitutes an offer to the seller to conclude a contract.
After placing an order, the customer receives an automatic order confirmation by e-mail, which again shows the content of the customer's order. This order confirmation does not yet represent acceptance of the offer, but merely documents that the seller has received the order.
The seller reserves the right to accept the order. The seller is not obliged to conclude a contract on the basis of the order. An order may be cancelled or refused in the event of a breach of these General Terms and Conditions of Sale or if there is a suspicion of such a breach.
The contract only comes into existence through the express declaration of acceptance by the seller. Acceptance is declared by sending an order confirmation by e-mail to the e-mail address indicated.
The above applies even if the customer has already paid the purchase price due to the chosen method of payment, or has already ordered payment. In this case, if the contract is not concluded for any reason, the seller will inform the customer and refund the advance payment. If the contract is concluded, at least for part of the goods ordered, this is communicated to the customer with the declaration of acceptance, i.e. the e-mail with the invoice and order confirmation. In this context, reimbursement is made for all goods that cannot be delivered.
We ask You to read the Agreement (as defined below) carefully before using the Site and/or placing any order with SWEAR insofar as this Agreement affects Your rights and obligations. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or place any order.
Please print a copy of the Agreement for Your records.
Your use of the Site and/or any purchases made from SWEAR are expressly and exclusively governed by (i) the Terms, and (ii) any other terms and conditions published or otherwise referenced from time to time on the Site (together, the "Agreement"). Please note that the Terms prevail, in the event of contradiction and unless expressly provided otherwise, over any other terms and conditions referred to in section (ii) above. For contracts concluded with consumers in Switzerland, the legal provisions of the Swiss Code of Obligations (COS; RO 27 321) apply. In the case of contracts concluded with consumers in the European Union, the applicable law is that of the state of the consumer's habitual residence if the supplier has received the order in that state (in accordance with article 120 al. 1 LDIP, Swiss Federal Law on Private International Law; RO 1988 1776).
The Contract may be revised, updated or otherwise modified at any time, in whole or in part, it being specified that when You place an order on the Site, the Conditions applicable are those in force on the Site at the date of registration of Your order.
The prices of Our products are indicated, depending on the display currency chosen, in Swiss francs or in euros, all taxes included. Shipping is free in Switzerland and the European Union, as well as worldwide. As orders for Europe are shipped from Switzerland, customs duties may apply for deliveries within the European Community. Outside these countries, please contact Our Company by email to place orders to all other destinations (see point 4.2 below).
For any order to a country other than Switzerland or a member country of the European Union, You are the importer of the product(s) ordered. For all products shipped outside Switzerland or the European Union, the price will be calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and amounts are not within Our control and are not Our responsibility. They will be entirely your responsibility and under your responsibility, both in terms of declarations and payments to the competent authorities and/or organizations. We advise You to obtain information from the competent authorities in your country. For shipments within the European community, no customs duties apply for deliveries, orders being shipped from France.
Once you have placed an order on the https://swear-shop.com/ website, you will receive confirmation of your order by e-mail. Your order is then recorded and acts as a sales contract. Your order confirmation will include an invoice which will be sent to you. We reserve the right to restrict sales of our products or services to any person or geographic region. We may limit or cancel orders which, in our judgment, appear to be placed by resellers or distributors. An invoice for Your order will be issued upon shipment of Your order. It is available in Your online customer area if you have opened an account. It can also be requested by telephone or email from SWEAR Customer Service.
All orders are payable in Swiss francs or in euros, depending on your place of delivery.
SWEAR reserves the right to modify its prices at any time and without prior notice. Products already ordered will continue to be invoiced on the basis of the prices in force at the time Your order is registered.
You may pay for your orders: (I) by credit card (Visa,Visa V Pay,Paypal,Twint,Post finance Pay, MasterCard): the amount of Your order will be debited within 7 (seven) days of your payment. The order registration date is that of the online payment.
Products placed in Your shopping cart will always reflect the most recent price displayed on the product description page. This price may vary from the price that was displayed for the same product when You first placed the product in Your shopping cart. Placing a product in your shopping cart does not guarantee that its price will remain the same as it was when You placed the product in your shopping cart. However, it is also possible that the price of the product You have selected may be lower at checkout than when You selected it.
The information and in particular the prices displayed on the Site may be erroneous due to system errors or typographical errors. While We make every effort to avoid such errors, they may nevertheless occur. We do not honor orders resulting from erroneous information or prices. If the price displayed is lower than the actual price of the product, We will contact You by email to either cancel the order or give You instructions on how to pay the price difference. We apologize for the inconvenience. Please do not hesitate to contact us with any questions you may have.
The prices of Our products are non-negotiable. In fact, We strive to charge the fairest prices possible. The final price of Our creations reflects the costs inherent in manufacturing excellence and the price of raw materials such as cotton.
You declare:
• that You are at least 18 years of age and have the legal capacity to place and honor any order, or that You hold parental authorization allowing You to place and honor any order, and that You are able to justify this at any time, upon Our simple request;
• be a natural person acting within the framework of Your personal needs (in particular, any order You place must correspond to the normal needs of a private individual).
We will only acknowledge receipt of Your order if the following steps have been completed:
Step 1: Add the product or accessory that You wish to purchase to Your Shopping Cart, after choosing the color, model and size that You wish to purchase, according to the options that may be proposed to You.
Step 2: Confirm your purchase by clicking on the "Checkout" button in the Shopping Cart interface.
Step 3: Once You have selected Your item(s) and placed them in Your shopping cart, and validated it, You will be taken to the "Secure Checkout" section, where You can enter Your delivery details. You can then fill in the "Promotional code" box if you have such a code.
Follow the step-by-step instructions for finalizing your order: "Continue to shipping" "Continue to payment" "Pay now".
During these steps, You must enter all the data requested, i.e. :
• Your first and last name;
• Your contact details (telephone and email);
• Your precise billing address (for security reasons, We ask that the billing address be the one registered by your credit card issuer, in order to protect You from fraudulent use);
• Your precise home delivery address (PO boxes are not accepted);
• Your method of payment.
At this stage, You will also be asked to read and accept our General Terms and Conditions of Sale, which You can access by clicking on "SWEAR's General Terms and Conditions of Sale".
5th step: to validate Your order, You must :
• check the data You have entered on the order summary page, and correct any errors;
• click on "Confirm my order" to confirm your order.
6th step: once Your order has been validated, You will be redirected to our payment server platform, in order to proceed with payment. To do this, you must:
• check the details of Your order, including the total price;
• enter your credit card details (credit card number, expiry date and verification code).
SWEAR is only bound by the order upon receipt of an acknowledgement of receipt from Us, as well as receipt of the funds corresponding to the order in its account. SWEAR further reserves the right to cancel or refuse, without liability on its part, any order concerning a User, on just grounds, for example if there is any doubt or dispute relating to a previous order by the User.
Modifications by Us in the event of unavailability of the product ordered: Our product offers and their prices are valid within the limits of available products. In the event that some of the products You have ordered are no longer available, We undertake to substitute them with products of at least equal or superior quality, without modifying the price of Your order. We will inform You as soon as We become aware of this unavailability, and will inform You of the new delivery date, if applicable. In any event, You will have the option of cancelling Your order. We also reserve the right to cancel all or part of an order in the event of the failure of one of Our suppliers, or in the event of force majeure. We will notify You as soon as We are aware of this and will refund any sums You have already paid to Us in relation to the cancelled order or part of an order. In all cases, We will contact You as soon as possible to offer You different possible options.
We will inform You in writing of the progress of the manufacture of Your purchase and the dispatch of Your items.
If you have any questions concerning the information given below, please contact our Customer Service Department:
• Our identity (name, telephone number, registered office), delivery charges, terms of payment, delivery or performance;
• The terms and conditions for exercising the right of withdrawal;
• 4 Ter route des jeunes , 1227 Geneva , Switzerland where you can make any complaints;
• the guarantees available to You after delivery;
• the expected dispatch date of Your order and the delivery date.
Products are delivered to the delivery address that You indicated during the order process.
Unless longer manufacturing, processing, shipping and/or delivery times are required (which We will inform You of when You place Your order on the Site), the products ordered are delivered within 2 to 4 working days for Switzerland and 3 to 5 working days for the European Union from receipt of Your order. Delivery will be deemed to have taken place on the date of the first presentation of the products at the delivery address indicated, and on receipt of the products against signature.
We invite You to regularly check the status of Your order on the https://swear-shop.com/ website or by calling Our customer service department. We will keep You informed of any shipping delays of which We become aware. Delivery times are given for information only and do not represent a contractual commitment on our part. However, we make every effort to ensure that delivery times are respected, in particular with our carriers. If You order several products at the same time and only some of them are delayed, We may split the shipments. In this case, We will inform You of the arrangements We intend to make before delivery begins. In the event that the parcel appears damaged or spoiled, You must refuse it to the carrier and inform Us of Your refusal by sending Us (a) a sworn statement acknowledging delivery of a damaged or spoiled product, (b) a copy of proof of identity, and (c) a copy of proof of address less than three months old.
You must check the packages and products upon delivery. If You have any reservation or observation justifying the return of the products, You must proceed as indicated in article 6 below.
SWEAR reserves ownership of the goods delivered, in any case, until full payment (final and unconditional credit of the total purchase price) of the invoice amount of a delivery. For customers based in Switzerland, the seller is entitled to make a corresponding entry in the register of reservation of title. The transfer of ownership and risk of the products takes place on delivery of the products.
However, in the event that both conditions A and B below are met cumulatively:
Condition A
(i) Your parcel is returned to Us by the carrier because the address is incorrect, or
(ii) You do not claim it within the given time limit or
(iii) You do not respond to Our telephone, voice or electronic messages to schedule the receipt of Your products (particularly if the e-mail addresses or telephone numbers You have given Us are incorrect), or
(iv) You do not show up for a scheduled pickup, Condition B
You do not respond by telephone to Our voice and electronic messages notifying You of the situation (in particular if the e-mail addresses and telephone numbers You have given Us are incorrect), and that We are therefore unable to contact You for a period of 3 months from the dispatch of the parcel or from the contact for planning the collection of the product in the store, or from the planned date for a scheduled collection, SWEAR then retains ownership of the products and may dispose of them freely. SWEAR retains the payments that triggered the manufacture of the product in the first place and You agree to have no recourse to recover amounts paid or unclaimed products.
In the event that (i) the carrier indicates that it has delivered the product You ordered and You dispute that such delivery has taken place, or (ii) You have refused a parcel presented as damaged or spoiled by the carrier, You agree to return to us (a) a sworn statement acknowledging the absence of delivery or the delivery of a damaged or spoiled product, (b) a copy of proof of identity, and (c) a copy of proof of address less than three months old, so that SWEAR can assume the cost of a new shipment of said product.
SWEAR makes every effort to ensure that its online catalog is as accurate and correct as possible. In order for You to see the details of certain products, they may appear larger or smaller than they actually are. As each computer is configured differently, their color may also vary. SWEAR products are manufactured in Portugal with the utmost care, and undergo rigorous in-shop inspection. We guarantee our parts against manufacturing defects for 2 years (24 months) from the date of delivery to the purchaser, even if the defects are not discovered until later (art. 210 al. 1 COS). We undertake to refund or exchange, at our discretion, any defective products returned within this period. The entire SWEAR team is committed to continually improving its product offering and regularly updating its products and packaging. The characteristics and availability of products, as well as the representations displayed on our site, are non-contractual and are provided for information purposes only. They may be modified at any time without notice, at our sole discretion. We reserve the right to limit quantities or discontinue any products or services we offer at any time. Loss and damage caused by improper use, accident, lack of care, or normal wear and tear are expressly excluded from this warranty. Our aim is to give You as much information and detail as possible so that You feel You know Your product before You own it. However, the characteristics of the products, as well as the representations (such as photos, videos and other image supports) which are displayed on our site are non-contractual and are only provided as an indication; in the event of non-substantial differences between the presentation photos of the articles on our Site, texts and illustrations and the ordered articles, our responsibility will not be engaged. As all our products are handcrafted, slight differences in appearance may exist in relation to the indicative details given for each item on our site.
The customer is obliged to inspect the delivered goods as soon as the usual course of business permits, and to notify the seller's after-sales service of any defects without delay. If the customer fails to do so, the goods are deemed to have been accepted. In any case, delivery is deemed to have been accepted if the customer does not submit a complaint by e-mail to the After-Sales Service within 8 days of delivery (art. 201 COS).
Before returning the goods, the customer must contact the After Sales Service (see section 2 above) (art. 204 COS). Defects which could not be detected during a proper examination in accordance with the preceding paragraph must be reported to Customer Service without delay after discovery, otherwise the goods are deemed to have been accepted even in respect of these defects.
You have a period of fourteen (14) clear days from receipt of the products (i.e. physical possession) to exercise Your right of withdrawal, without justification or penalty. We will reimburse You no later than fourteen (14) days following the date on which Your right of withdrawal was exercised. This is in accordance with article L.221-18 of the French Consumer Code and article 40e of the Swiss Code of Obligations.
Cancellation form
“I hereby make use of my right of withdrawal concerning the contract between us for the purchase of the product
reference: xxx
Order number: xxx
Received: xxx
Buyer's first and last name: xxx
Date: xxx »
To exercise your right of withdrawal, follow the procedure as indicated in Article 6.1.
Thirty (30) days after the date of delivery, We give You the opportunity to return to Us any products ordered which do not give You complete satisfaction, for reimbursement or exchange (art. 206 COS). To do this, You must imperatively inform SWEAR's customer service department in writing (see article 1.1 above) or by e-mail, of Your decision before returning the products to Us, give Us the reason for Your return, and follow exactly the return process that We will indicate to You by e-mail. In particular, but not exclusively, We will ask You to fill in the retraction form, if You make use of Your right of retraction. Your return request will only be effective once SWEAR has acknowledged receipt of Your request in writing. In the event of a return, the cost of return and insurance will be at our expense. Once We have received your return request and validated the various stages with you, We will send you a pre-paid package to send us your return. On receipt of your product, we will check that it is in perfect condition, with its seal intact, and will acknowledge receipt. We will then refund You the price corresponding to the value of the products no later than fifteen (15) days following the date on which Your return was accepted by SWEAR, as indicated in article 6.3 below. In the procedure to follow for your return, we will indicate the specific address to which to send your return package. Please note that any order returned directly to our head office at 4 TER route des Jeunes, Geneva, Switzerland will be refused.
The returns provided for in article 6.1 above will only be accepted by SWEAR and will only give rise to reimbursement or exchange if:
(I) the returns process described in these GCS and on Our website has been followed;
(II) the products are returned to Us in perfect condition, without having been worn. Items returned incomplete, damaged or soiled will not be accepted.
(III) Products are returned to us in their original packaging and complete.
If the return is not carried out in accordance with these instructions, the seller is entitled to offset the value of the goods not returned against the amount to be refunded to the customer. Compensation will also be paid if the goods are damaged during the return process due to the customer's fault.
Please note that:
(A) Returns are no longer possible in the case of a second consecutive return or cancellation;
(B) Similarly, certain special products are not returnable. In such cases, they are clearly indicated as such to the customer when the order is placed;
(C) Furthermore, products delivered outside Switzerland or the European Union and having benefited from any tax exemption will not be refunded or exchanged.
Any reimbursement will be made, at SWEAR's discretion, either automatically by crediting Your credit card, or by transfer to the bank account in the name of the customer who placed the order, domiciled at the billing address that was communicated at the time the order was placed. In the event of an exchange, the amount initially received may be refunded to You. You may then place a new order for the chosen product or agree with us on a method of payment on Your part or reimbursement on our part for any difference in price between the product you are returning and the exchange product you have chosen.
SWEAR complies with current legislation concerning defects in conformity of the product with the Contract and redhibitory defects. You benefit from the provisions of the legal warranty for hidden defects. In addition, for a period of two years from delivery (art. 210 al. 1 COS), products are guaranteed against defects in materials and workmanship (art. 197 COS). We undertake to refund or exchange, at our discretion, any defective products returned to us during this period. In the case of exchange, the seller may choose between repairing a defect or delivering something free of defects (replacement delivery). In the event that neither subsequent performance nor replacement delivery is possible, the warranty consists of the rescission of the sales contract.
SWEAR undertakes to ensure that the product delivered :
• is fit for the use normally expected of similar goods and corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer;
• has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
• - has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. However, this guarantee will only be granted if:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. Action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect.
However, this guarantee will only be granted to you if:
• - you have notified us in advance and followed the returns procedure that we will send you by e-mail on contact@swear-shop.com ;
• - the defect is not the result of abnormal or non-conforming use, an accidental event or an external cause (such as the intervention of any unauthorized third party on the product or any other possible external causes);
• your product is subject to normal wear and tear or ageing;
• the cost of shipping and returning the product remains entirely at Our expense.
Please note that any damage, deformation or destruction of products caused by external forces, shocks or mishandling is not covered by this warranty.
Without prejudice to the warranties set out in article 7.1 above, SWEAR makes no warranty in respect of the Site and/or the Content (as described in article 9 below). In particular, SWEAR makes no warranty as to the fitness of any element of the Site for any particular purpose. SWEAR does not warrant that the functions contained in the Site and any Content or other materials contained therein will at all times be available, uninterrupted or error-free, that defects or errors will be corrected immediately or that the Site or its server will at all times be free of viruses or other components that may cause damage.
The products offered comply with Swiss legislation in force at the time of the offer. SWEAR shall not be held liable in the event of non-compliance with the legislation of the country where the products are delivered. Outside Switzerland and the European Community, it is your responsibility to check with the local authorities the possibilities and conditions for importing the products you intend to order, and to comply with them at your own risk. We decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery if it is outside Switzerland and the European Union. Furthermore, if You choose to access the Site from territories other than Switzerland, You do so on Your own initiative and at Your own risk. You are responsible for complying with local legislation insofar as such legislation is applicable.
Photos, videos and all types of product images are presented for illustrative purposes only. We invite You to refer to the description of each product for more precise characteristics. In case of doubt, or if You require further information, please do not hesitate to contact Us (see the "Contact" paragraph at the beginning of the GTS).
Except in the case of fraud or gross negligence and except in the case of liability for defective products, SWEAR's total liability, for all damages compensable under the terms of the Contract, that it is likely to cause You under the Contract, is limited to compensation for foreseeable, direct and material damages actually suffered by You as a result of SWEAR's breach, this compensation not exceeding in any case the amount of Your last purchase, even if SWEAR has been warned of the possibility of such damages. It is specified that, in the context of the Contract, any loss of profits, sales, data, databases or programs, the deprivation of savings and any additional costs, as well as any damage to image and any claims by third parties, shall be deemed to constitute indirect damage not giving rise to a right to compensation by SWEAR, even if they were foreseeable. In particular, SWEAR shall not be liable to You for damages caused by (I) your own act, omission or fault; (II) any case of force majeure as defined by the jurisprudence rendered by the Swiss courts; (III) any third party not linked to SWEAR for the performance of the Contract (for example, in the event that problems result from the performance, congestion or connection of telecommunications means or services, or from the performance of your computer equipment); or (IV) any other event that neither SWEAR nor its suppliers could have foreseen or prevented even if SWEAR or its suppliers had taken all reasonable precautions. In particular, the following shall be considered as Your own act, omission or fault : any damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any damaging programs, devices or communications, as it is Your responsibility, and Yours alone, (I) verify or have verified that Your computer and/or telecommunications equipment is appropriate and compatible with the Site, prior to any use and (II) implement and enforce all reasonable and necessary protections against any harmful programs, devices or communications, including the use of anti-virus software.
The Site, as well as other pages controlled by SWEAR (Facebook pages, Instagram etc.), may contain links to other sites on the Internet. These other sites are not under the control of SWEAR and You acknowledge that SWEAR is not responsible for the accuracy, intellectual property rights compliance, legality, decency or any other aspect of the content of these sites. The inclusion of any such link does not imply endorsement by SWEAR, nor any association with its operators. SWEAR cannot ensure that You will be satisfied with any product or service that You obtain from a third-party site that is hyperlinked to or from the Site, as the channels of other online businesses are owned and operated by independent merchants. SWEAR does not promote any merchandise and has taken no steps to confirm the accuracy or reliability of any information contained on these third-party sites. We urge You to make whatever investigation You feel necessary or appropriate before engaging in any electronic transaction with any of these third parties.
The Site and all the elements (including products), documents and other data contained therein (the "Content"), whether visual or audio, are protected by Swiss, French and international rules applicable to trademarks, trade or service marks - whether registered or not as such - and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade or manufacturing secrets or other rights of a similar nature and belong to or have been licensed to SWEAR.
Your right to use the Site and any Content or other material contained therein is subject to Your compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may violate Our rights or those of Our licensors:
(I) You may only access and display any Content and other materials on the Site for non-commercial, private use;
(II) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written consent of SWEAR or unless otherwise permitted by applicable law (in which case, You must keep intact all proprietary notices);
(III) You must not use any meta tags or any other hidden text containing Our name, trademark(s) or those of companies related to Us without Our specific prior written consent;
(IV) any User who wishes to place, for his or her own personal use, on his or her site, a simple link referring directly to the Site's home page, must obtain Our specific prior written authorization; under no circumstances may Our agreement incur Our liability, for any reason whatsoever, with regard to the Site or any Content;
(V) any hypertext link to the Site using the framing or in-line linking technique is strictly prohibited.
Users may send Us reviews, comments or any other content, submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, chain letters or any other form of "spam". You may not use a false e-mail address, impersonate any person or entity, or misrepresent the origin of any content. We reserve the right, at Our sole discretion, to remove or edit any content and to take legal action against violators.
If You send Us content, and unless otherwise stipulated by You, You grant Us, as well as companies related to Us, for the applicable legal duration of protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display this content throughout the world, on the Site and in any media.
You declare and warrant to Us that You are the owner or holder of the necessary rights to the content that You transmit to Us. You agree to indemnify Us in the event of an action or claim by a third party against Us, if the cause, basis or origin of this action is the content that You have communicated to Us.
These general terms and conditions of sale and the Contract are subject to :
• - When concluded with consumers in Switzerland, the legal provisions of the Swiss Code of Obligations (COS; RO 27 321);
• When dealing with consumers in the European Union, the applicable law is that of the state of the consumer's habitual residence if the supplier has received the order in that state (in accordance with article 120 al. 1 LDIP, Swiss Federal Law on Private International Law; RO 1988 1776).
All disputes arising from the business relationship between you and us shall be subject to the jurisdiction of the Swiss courts. You therefore agree to be bound by a contract subject to Swiss law and that the ordinary courts of the Canton of Geneva have jurisdiction to deal with all disputes.
Personal data collected on the Site is intended for SWEAR with Your consent. The data we collect when you register for our newsletter, as well as when you place orders and make payments, are used exclusively for the purpose of marketing our products, and are not passed on to third parties under any circumstances. In this respect, we strictly apply and comply for customers located in Switzerland with the Federal Law of September 25, 2020 on Data Protection (LPD), and for customers located in Europe with the General Data Protection Regulation nᵒ 2016/679 of the European Union (RGPD) as well as Law 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms for customers located in France. SWEAR is committed to protecting Your personal data. All personal data concerning You collected by SWEAR are treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, for the purposes of processing orders. Your personal information and data are required to manage your orders and your relationship with us, and to keep you informed of all offers and commercial information that may be of interest to you. They may be transmitted to service providers and contractual partners who intervene and contribute to the management of orders, as well as to all SWEAR subsidiaries. You are informed of the compulsory or optional nature of data entry at the time of collection. This information and the management of orders are also kept for security purposes, to comply with legal and regulatory obligations and to enable opsi-jewels to improve and personalize the services offered to You.
In accordance with the LPD and the French Data Protection Act of January 6, 1978, You have the right to access, rectify and object to any personal data concerning You. To exercise these rights, please send a letter to SWEAR,4 Ter route des jeunes , 1227 Geneva , Switzerland or an e-mail to contact@swear-shop.com , stating Your surname, first name, e-mail address and Your customer references. Each request must be signed and accompanied by an identity document bearing Your signature and specify the reply address. The reply will be sent within 2 months of receipt of the request.
When entering personal data on the Site and prior to their collection, You have the option of accepting to receive information relating to SWEAR products. In accordance with current legislation, such information will only be sent to You if, and only if, You have expressly agreed to receive it.
SWEAR may send You commercial offers by post, e-mail, SMS, telephone or via all the web spaces managed by SWEAR or one of its partners on social networks, subject to prior acceptance. At any time, you have the option of objecting free of charge to these commercial prospecting mailings, by clicking on the "unsubscribe" link included in each email.
When consulting the site, information relating to Your browsing may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by SWEAR in order to facilitate navigation on the site and to recognize Your browser when You are connected to the Site. These cookies are issued for the purposes of compiling traffic statistics (number of visits, pages viewed, abandonment in the order process, etc.), adapting the presentation of the Site to the display preferences of terminals, storing information entered in forms, managing and securing access to reserved and personal areas such as the customer account and managing the order basket.
SWEAR reserves the right to install cookies on Your computer during visits to the Site. A cookie is a small file that is sent to Your computer and stored on Your hard disk. A cookie does not allow You to be identified, but its purpose is to indicate any previous visit to the Site in order to help SWEAR personalize its services.
You may set your browser to deactivate cookies to prevent them from being installed on Your computer without Your express consent. The use of cookies may affect your ability to browse the Internet and to access certain services on the Site that require the use of cookies. .
The Site uses computer applications provided by third parties, which enable You to share Site content with other people or to let these other people know Your opinion concerning Site content (social networks such as Facebook, Instagram, Google+, Twitter, etc.).
When You consult a page of the Site containing a "Share" or "Like" button, Your browser establishes a direct connection with the servers of the social network concerned. If You are connected to the social network during Your browsing, the application buttons allow You to link the pages consulted to Your account. If You interact with the plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on Your account. If You do not wish the social networks to link the information collected via the Site to Your account, You must log out of the relevant social network before visiting the Site. In particular, SWEAR collects and uses Your browsing data when You visit the Site via Facebook. This data is collected solely for SWEAR's use.
SWEAR is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those that may be linked to the Site.
If any provision of the Agreement shall be held to be illegal, invalid or unenforceable for any reason whatsoever and it is not possible to substitute a reasonable provision of similar effect (which the parties hereby permit any court seized of the relevant dispute to do, to the extent permitted by applicable law), then such provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions to the fullest extent possible under applicable law.
SWEAR's failure to exercise any of its rights under the Agreement shall not be construed as a waiver of such right or as an impediment to the exercise of any other right.
We may transfer (by any means and in any form, including merger) Our rights and obligations under the Contract, without notice to You: (i) to any entity that is or will be related to Us, or (ii) to any person or entity that will take control directly or indirectly of all or a significant part of Our property or capital or voting rights or those of any of Our related entities. You may not transfer (by any means whatsoever) the Contract without Our prior written consent.
We may send You any notice provided for in the Contract, either in the form of a publication on the Site, or by e-mail, or by normal, express or registered post to Your address which We have in Our systems, at Our choice. You acknowledge and agree that any of these methods of notification, chosen by Us, is sufficient for Your information.
SWEAR may take advantage, in particular for the purposes of proof of any act, fact or omission, of programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by it, except in the case of abuse or obvious error. You expressly acknowledge the possibility for SWEAR to rely on these elements of nature or in computer or electronic format or support.
In view of possible changes to the Site and regulations, SWEAR reserves the right to modify the Conditions at any time. The new Conditions will, if applicable, be brought to Your attention by online modification and will only apply to sales made after the modification. Updated on 16/10/2023
