Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Preamble
These general terms and conditions of sale (hereinafter, the "GTC") are concluded, on one hand, between the company Swim55 LLC, a limited liability company incorporated in the United States on November 1, 2019, with Employer Identification Number (EIN) 30-1213084, whose registered office is located at 4000 Hollywood Blvd, Ste 285-S, Hollywood, FL 33021, United States, and on the other hand, any natural or legal person who is not a trader and wishes to make a purchase (hereinafter the "Client") on the e-commerce website mademoisellebikini.com, accessible at www.mademoisellebikini.com (hereinafter the "Site").
The GTC are available online on the Site. The Client declares that they have read and accepted them, the purchase of products offered on the Site implying the Client's express and unconditional acceptance of these GTC as well as, where applicable, the contractual documents supplementing or amending these GTC (special terms of sale, order forms…).
These GTC shall prevail over any other general or specific conditions not expressly approved by mademoisellebikini.com.
Mademoisellebikini.com reserves the right to modify its terms of sale at any time. In such a case, the applicable conditions will be those in force on the date of the order.
Article 2: Purpose
The products offered for sale by mademoisellebikini.com are those listed on the Site (hereinafter the "Product(s)").
Products are offered for sale subject to available stock. In the event a Product becomes unavailable after the order has been placed, mademoisellebikini.com will inform the Client as soon as possible and, if applicable, refund the amounts paid no later than thirty (30) days after payment. The Client's order will then be automatically canceled.
Each Product is accompanied by a description. Photographs of Products are as accurate as possible but cannot guarantee perfect similarity with the product offered.
Article 3: Product Accessibility
Products ordered by the Client on the Site will be delivered to the United States and Puerto Rico.
The Site is, in principle, accessible 24/7, except during interruptions, scheduled or not, for maintenance or cases of force majeure. Being subject to a best-efforts obligation, mademoisellebikini.com cannot be held responsible for any damage of any kind resulting from the Site's unavailability.
Article 4: Orders
The Client may place orders on the website www.mademoisellebikini.com. The order process is as follows:
- Selection of items and adding them to the cart
- Verification of cart contents
- Identification on the Site if the Client is not already registered
- Choice of delivery method
- Choice of payment method and acceptance of the GTC
- Confirmation of the order and payment
Confirmation of the order implies acceptance of these GTC, acknowledgment of having full knowledge of them, and waiver of invoking their own purchasing conditions or other conditions.
Please check your order carefully before completing checkout. Once an order has been placed, it cannot be modified or cancelled — you may, however, return the items once received, as described in Article 8 below.
Unless proven otherwise, all data provided and the recorded confirmation shall constitute evidence of the transaction. The confirmation shall serve as signature and acceptance of the operations performed.
Mademoisellebikini.com will send an order confirmation by email. The Client must verify the completeness and accuracy of the information provided during the order. Mademoisellebikini.com cannot be held responsible for any input errors and resulting consequences.
Mademoisellebikini.com retains ownership of the items until full payment of the order has been received. The company reserves the right to cancel or refuse any order from a Client with whom there is an outstanding payment dispute or who presents any perceived risk.
Article 5: Prices
All prices are indicated in US Dollars, including all applicable taxes, unless otherwise stated. Any change in applicable tax rates may be reflected in the product prices.
Prices may be indicated excluding delivery fees (see Article 8: Shipping and Delivery). Mademoisellebikini.com reserves the right to change prices at any time without notice. Products remain the property of mademoisellebikini.com until full payment is received. The price is payable in full and in a single installment.
Article 6: Payment
The price is due at the time of the order. Regardless of the chosen payment method, payment is only considered final after full and effective receipt by mademoisellebikini.com.
Payment options include the payment methods available at checkout. Please see our "Payment Methods" page for the current list.
Card payments are processed through a secure third-party payment processor; no full banking information passes through or is stored by mademoisellebikini.com.
Payment is validated upon receipt of any additional verification information if required (see Article 7: Prevention of Payment Fraud).
By using these payment methods, the Client agrees to the terms of sale of the partners providing the payment tools. Mademoisellebikini.com cannot be held responsible for any direct or indirect damage arising from the use of these tools. The Client guarantees mademoisellebikini.com against any claims related to this.
The Client's account will only be debited when Products are shipped and only for the amount of Products shipped.
Article 7: Prevention of Payment Fraud
[PLACEHOLDER — the original document names a French fraud-prevention provider (FIA-NET S.A.) specific to EU payment processing. Please confirm whether Swim55 LLC uses a fraud-prevention or verification service for US transactions, so this article can name the correct provider and process.]
Order-related information may be processed to assess transactions and prevent fraud. Non-transmission of data prevents order processing. Any fraudulent use may result in the Client's order being investigated or cancelled. The company may request identity, address, and payment verification documents. Failure to respond within a reasonable period may result in automatic cancellation of the order.
Article 8: Shipping and Delivery
Orders are shipped from the United States. Delivery costs and estimated delivery times can be looked up on our Shipping page. They will be confirmed before you complete your order.
Clients must check the condition of received items and report any issues within 3 days. Products are covered by applicable US consumer protection law.
In addition to any rights the Client may have under applicable law, mademoisellebikini.com offers Clients a 15-day return policy as a courtesy. Return conditions include that items must be unused, clean, with original tags and hygienic protection intact. Mademoisellebikini.com refunds or exchanges following these rules.
Article 10: Exchange and Return Conditions
All exchanges or returns require prior approval from customer service via email or mail. The first exchange return shipping is free; subsequent returns are at the Client's expense.
Article 11: Condition of Products
Returned items must be new, unused, clean, with original packaging intact. Non-compliant returns may be refused, with possible reconditioning fees.
Article 12: Refunds
Refunds for products returned under our return policy will be made within 30 days to the original method of payment.
Article 13: Responsibilities and Guarantees
13.1 Legal Guarantees: Products are covered by applicable US federal and state consumer protection law regarding conformity and fitness for purpose.
13.2 Mademoisellebikini.com's Responsibility: Only a best-efforts obligation; not liable for Internet-related issues.
13.3 Client Responsibility: Clients are responsible for content they post on the Site and its legality. Illegal or offensive content will be removed without notice. Clients indemnify mademoisellebikini.com from third-party claims.
13.4 Limitation of Liability: The company is not liable for indirect, immaterial, or third-party damages, including access issues or content from third-party sites, except where such liability cannot lawfully be excluded or limited under applicable law.
Article 14: Intellectual Property
The Site and its components are protected by intellectual property laws. Clients have a limited, non-transferable right to access and use the Site. Unauthorized use, reproduction, modification, or distribution is prohibited.
Article 15: Force Majeure
Mademoisellebikini.com is not liable for interruptions due to force majeure, technical failures, or third-party actions. Force majeure events over 3 months allow either party to terminate the contract. Liability is limited to amounts paid by the Client.
Article 16: Governing Law and Dispute Resolution
The GTC are subject to the laws of the State of Florida and applicable US federal law. In case of dispute, the courts located in Broward County, Florida, shall have jurisdiction, without prejudice to any mandatory consumer protection rights the Client may have under the law of their state of residence.
Article 17: Invalid Clause
If a clause is invalid, the rest remain in force. Parties must negotiate in good faith to replace invalid clauses.
Article 18: Customer Service
For questions, contact customer service by email at info@mademoisellebikini.com.