Terms and Conditions
These terms and conditions apply for all sales of goods and services from swims.com to consumers in Europe.
The sales terms and conditions, together with your order and order confirmation, comprise the entire agreement for the purchase.
Parties
The seller is:
SWIMS AS
Address: Prinsens gate 25, 0157 Oslo, Norway
Email: customerservice@swims.com
VAT Registration Number: 988 225 266
The buyer is:
The consumer who makes the order, and is hereinafter referred to as the buyer.
Payment
The seller can demand payment for the item from the time it is sent from the seller to the “buyer”.
If the buyer uses a credit card or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged on the same day as the item is sent.
When paying with an invoice, the invoice to the buyer is issued when the item is shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
We accept payments in all markets we ship goods to.
Delivery
Delivery takes place when the buyer, or his representative, has taken over the goods. If the delivery time is not stated in the order solution, the seller must deliver the item to the buyer without undue delay and no later than 30 days after the order from the customer. The item must be delivered to the buyer unless otherwise agreed between the parties. We ship our goods with DHL in Europe and DHL and Bring in Norway. Standard shipping will deliver the goods within 1-3 business days.
We retain the risk for the products until you have the products in your possession. If delivery of the products is delayed, you will be informed as soon as we are aware of the situation, and advised as to whether delivery can be made and when, or whether the product(s) are sold out. Depending on the type of product and the length of the delay, you may, according to the circumstances, cancel the agreement.
Order Confirmation
You will receive an order confirmation email as soon as we have confirmed your order. This may take a few minutes. Please read this carefully and check that the order confirmation agrees with your order. Please keep it in a safe place as we may ask you for information from it in any correspondence. If you do not receive this email please contact customerservice@swims.com, so that we may investigate and confirm that your order has been placed successfully. You will receive an additional email as soon as your items are shipped with a tracking number.
Prices and VAT
Norway:
All prices are shown in NOK and the customer will be debited in that currency. All prices include 25% Norwegian VAT (value added tax/MVA/moms). SWIMS VAT registration number in Norway is NO988225266MVA. The total cost of the purchase will be displayed before order completion and includes all costs associated with your purchase at swims.com.
United Kingdom:
All prices are shown in GBP and the customer will be debited in that currency. All prices include 20% United Kingdom VAT (value added tax). SWIMS VAT registration number in the UK is GB185422696000. The total cost of the purchase will be displayed before order completion and includes all costs associated with your purchase at swims.com.
The European Union, excluding the United Kingdom:
All prices are shown in EUR and the customer will be debited in that currency. All prices include Swedish VAT 25% (value added tax). SWIMS VAT registration number in Sweden is SE502066310901. This is also applicable for sales to end consumers in Europe. The total cost of the purchase will be displayed before order completion and includes all costs associated with your purchase at swims.com.
Information Provided by our Website
We do our best to give our customers the most correct information on our web site and about our products as possible. However, we reserve our rights against errors which may arise and which may result in our inability to deliver in accordance with the information given at swims.com, in our marketing or in any other way. We reserve our rights to withdraw products from our website, change the website and its contents.
We reserve the right to cancel or withhold all or part of an order if a personal or unauthorized voucher code has been used in connection with a purchase. You will be contacted in writing before your shipment is processed
Inspection of the Products
Once you have received the products, you should, as soon as you can, check that the delivery is in accordance with the order confirmation, if the products have been damaged under transportation or if the products otherwise have any defects or missing parts.
Color
SWIMS aims to describe the products at swims.com as correctly as possible. However, kindly note that computer color settings may differ, which may cause the images of the products at swims.com to show colors that may differ from their actual colors. SWIMS will not be held responsible for any such discrepancy.
Warranty Claim
If the products have defects or items are missing you may according to the circumstances require; a re-delivery, a refund or that the agreement is canceled. The defect must have existed when the products came into your possession. You may report to us defects in the products in writing. You have nevertheless two weeks claim deadline. This claim can be made to customerservice@swims.com, please include your order reference number in the subject line. We will confirm the receipt of all claims in writing. We will also confirm the receipt of all goods returned to us, in writing.
Guarantee
In accordance with the consumer purchasing law, you have the right to cancel your order provided you have given us notice within our claim deadline. The claim deadline is two weeks from the time you took possession of the goods.
Right of Return
You may return any products you have ordered from us within 14 days from receipt of delivery.
Returns are free of charge.
The initial shipping cost will only be refunded when returning the whole order.
In other words, if you return part of the order the return fee will not be refunded.
Check out this link to proceed with your return:
All goods returned for refund must be returned with the original packaging intact, and in pristine condition (no smell, marks, scuffs, stains, rips or tears).
Customers are advised to obtain proof of postage when returning goods. SWIMS cannot be held responsible for returned goods being lost in transit without proof of postage.
Repayment will be made within fourteen days after SWIMS receives and inspects the returned product from you.
Unless the agreement is exempt from the right of withdrawal, the buyer may cancel the purchase of the item.
The buyer must notify the seller of the use of the right of withdrawal within 14 days from the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest working day.
The cancellation deadline is considered complied with if notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period begins to run:
When purchasing individual items, the cancellation period will run from the day after the item (s) is received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not state before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal has been given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer will cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the item in a responsible manner to determine the item's nature, properties and function, without the right of withdrawal lapsing. If testing or testing of the item goes beyond what is justifiable and necessary, the buyer may be responsible for any reduced value of the item.
The seller is obliged to repay the purchase price to the buyer without unnecessary delay, and no later than 14 days from the seller was notified of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been returned.
You will not be refunded the original amount you may have paid for shipping.
Defective Goods and Inspection of Products
If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it happens within 2 months. from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint period is five years.
In addition, if the products were loafers, we advise testing the shoes on a clean surface to confirm the satisfactory performance and size accuracy.
If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand termination of the agreement and / the seller.
Complaints to the seller should be made in writing.
Correction or re-delivery
The buyer can choose between claiming the defect or correcting the delivery of similar items. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or the seller causes unreasonable costs. Correction or re-delivery must be made within a reasonable time. The seller is in principle not entitled to make more than two remedial attempts for the same defect. Price reduction The buyer can demand a suitable price reduction if the item is not corrected or returned. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the item in defective and contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.
Lifting
If the item has not been repaired or returned, the buyer can also cancel the purchase when the defect is not insignificant.
Personal Information
We only use personal information as provided to us by you which is necessary for us to fulfill our obligations to you. Information will not be given to a third party or used for other purposes without your permission.
Membership
Upon registration you agree to digital markering via email and SMS. To unsubscribe from any of these communication channels follow the instructions in the email or SMS. The membership is free and can be deleted at any time. Member information will be anonymized upon deletion. This can not be undone. Membership privileges are lost when you cancel your membership.
Law
Consumer purchases are governed by Norwegian Law. You must be 18 years of age to shop at swims.com.
Conflict resolution
Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Norwegian Consumer Agency for mediation. The Norwegian Consumer Agency is available on telephone 23 400 600.
The European Commission's complaints portal can also be used if you wish to lodge a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.