term of sales

These General Terms and Conditions of Sale (hereinafter the « GTCS ») apply to all orders placed on the e-commerce website accessible at the following address: https:/itsnowcool.eu/ (hereinafter the « Site »).

They define the terms and conditions for sale of products and services marketed on the Site.

The GTCS may be changed at any time, with the Vendor reserving the right to make any adaptations therein that it deems necessary for its business and/or compliance with changes made in legislation.

The applicable GTCS are those that appear online on the date of placement of the order. The Customer acknowledges that he has read them prior to any order, and declares that he unconditionally accepts them.

The same applies to the general terms and conditions for use of the site (hereinafter the « GTCU »), the purpose of which is to govern the relationships between the Vendor and any user of the Site

The latest updating of the GTCS occurred on the 1^st of May 2021.

Article 1- Contracting parties

The GTCS govern the relationships between:

- GLOBE EUROPE SAS, a simplified stock corporation with capital of € 2 910 000, which has its head office at Route de Tosse Zone Artisanale de Laubian in Seignosse (40510) in France, registered in the Dax Registry of Trade and Companies under number 452281405, with intracommunity VAT number FR79452281405, (hereinafter the « Vendor »), represented by its president, Mr. Matt HILL, and

- Any individual who is a consumer and uses the Site for placement of an order, to the exclusion of any other commercial or professional purposes, (hereinafter the « Customer »).

The Customer must identify himself either by creating an account that he will use for all orders online, with him choosing his identifier and password -- which is strictly confidential and personal and must not be disclosed or transmitted to anyone -- or, for a solitary order, by entering his personal data as instructed on the Site. For the purposes of identification, the Customer authorizes the Vendor to record on its hard drive a file called « cookie ».

Article 2- Products and Prices

« Products » designates the articles marketed by the Vendor on the Site.

The Products’ main characteristics are displayed on the Site with a photograph, and may be consulted online prior to any order. However, the Products offered by the Vendor may have a slightly different composition without any such difference affecting the quality or the essential characteristics of the Products.

The Products are available as long as they are in stock. If an ordered Product is not available, the Customer will be promptly informed by electronic mail.

The prices appearing on the Site are stated in Euros or Pound Sterling, with all taxes included, apart from the shipment cost. The value added tax (VAT) is that of the country in which the Product is delivered, applicable on the date of the order. The amount of VAT is indicated upon the Customer’s selection of a Product. The shipment cost appears at the end of the processing of the order, and depends on several criteria that are indicated in article 5 hereinafter.

The Vendor reserves the right to change the prices of the Products at any time without advance notice. The Products are delivered at the tariff applicable upon placement of the order.

The Vendor may issue discount coupons to be used on the purchase price of Products, stated as an absolute amount or as a percentage reduction. Discount coupons are usable on the Site and specify the conditions of their use, particularly the minimum purchase amount, the periods and duration of validity, etc.

Discount coupons are obtained by participating in marketing activities carried out by the Vendor.

Article 3- Order and verification of data

Orders are processed Monday through Friday, except on public holidays in Europe. Any order validated on the Site before 2:00 p.m. (GMT+1h) will be prepared and shipped on the same day.

After selecting the model, the size, and, if applicable, the colours and patterns, the Customer who wants to place an order online on the Site must validate his choice by clicking on the button « Add to the basket ».

Prior to completion of his order, the Customer may at any time consult, change and print the detail of the order, and may access each sheet of Products to verify the characteristics thereof and verify the unit price inclusive of VAT, the total amount of reductions if he has used discount coupons, and the total price inclusive of VAT.

The conditions, modes and restrictions with respect to delivery, as well as the means of payment accepted by the Vendor, may also be consulted on the Site.

Orders on the Site can be finalized only after consultation and acceptance of the GTCS and the GTCU by the Customer, with it being specified that a printable version is available on the Site.

The basket is validated by clicking on the « Purchase » button. The order of Products is then finalized and the Customer acknowledges that the placement of an order requires payment for the goods prior to definitive approval of his order.

The Customer must then identify himself by indicating his identifier and password or, if he has not previously created an account, by entering his personal data.

At the time that he makes his payment, the Customer may again verify the recapitulation of his order, the conditions and modes of delivery, and the means of payment.

Upon approval of the payment, the Customer will receive an email confirming his order.

The Vendor reserves the right not to approve the Customer’s order for any legitimate reason, particularly in the following cases:

- The Customer is a minor and does not have his parents’ or legal representatives’ agreement to place the order.

- The order does not comply with the conditions and procedures of the GTCS (especially if it is not for personal purposes and the Customer acts as a retailer).

- Serious and corroborating elements give the Vendor good reason to suspect that the order is fraudulent.

- The bank selected by the Customer refuses to make the payment.

- There has been a delay or total or partial default in the payment of a previous or current order.

- The information provided during the order processing is incorrect or incomplete.

- The products are not available.

During verifications of an order upon its placement, the Vendor’s Customer Department may have good reason to ask the Customer for additional information or documentation regarding, for example, his banking identification data or his residence.

Article 4- Payment

The Customer may pay his order by any of the following means:

- Bank card

- Paypal

For any payment by bank card, the Customer must indicate the card’s number and expiration date, as well as the last three numbers appearing on the back of the card.

For the protection of banking data and for security of payments, banking transactions are secured by STRIPE. All of the information provided for processing the payment is encrypted pursuant to the Secure Socket Layer (SSL) protocol. These data cannot be detected, intercepted or used by third parties, and they are not stored in the Vendor’s computer systems.

The Customer’s bank account will be debited once the processing of the order is completed.

The Vendor delivers the goods only after the payment is fully and effectively acquired. The Vendor may cancel an order if the bank designated by the Customer does not approve the payment, or if abnormalities or nonconformities appear during the payment process.

Article 5- Delivery

ZONE	COUNTRIES	DELIVERY TIME	DELIVERY COST
FRANCE	France	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Express Pickup Delivery (1-2 Business Days) Chronopost Express Home Delivery (1-2 Business Days)	FREE for 49.95€ Minimum Order Chronopost Standard Pickup Delivery: 4.99€ Chronopost Express Pickup Delivery: 5.99€ Chronopost Express Home Delivery: 6.99€
EUROPE 1	Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Spain (except Baleares Province, Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife) , Finland, Ireland, Italy, Portugal (except Azores, Madeira), Sweden	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Standard Home Delivery (3-5 Business Days)	FREE for 49.95€ Minimum Order Chronopost Standard Pickup Delivery: 5.99€ Chronopost Standard Home Delivery: 6.99€
EUROPE 2	Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Standard Home Delivery (3-5 Business Days)	FREE for 79.95€ Minimum Order Chronopost Standard Pickup Delivery: 9.99€ Chronopost Standard Home Delivery: 9.99€
EUROPE 3	Bulgaria, Croatia, Greece, Romania	Chronopost Standard Home Delivery (3-5 Business Days)	FREE for 99.95€ Minimum Order Chronopost Standard Home Delivery: 6.99€
UNITED KINGDOM	United Kingdom	Chronopost Standard Home Delivery (3-5 Business Days)	FREE for 79.95€ Minimum Order Chronopost Standard Home Delivery: 9.99€

ZONE	FRANCE	EUROPE 1	EUROPE 2	EUROPE 3	UNITED KINGDOM
COUNTRIES	France	Germany, Austria, Belgium, Luxembourg, Netherlands, Denmark, Spain (except Baleares Province, Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife) , Finland, Ireland, Italy, Portugal (except Azores, Madeira), Sweden	Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia	Bulgaria, Croatia, Greece, Romania	United Kingdom
DELIVERY TIME	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Express Pickup Delivery (1-2 Business Days) Chronopost Express Home Delivery (1-2 Business Days)	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Standard Home Delivery (3-5 Business Days)	Chronopost Standard Pickup Delivery (3-5 Business Days) Chronopost Standard Home Delivery (3-5 Business Days)	Chronopost Standard Home Delivery (3-5 Business Days)	Chronopost Standard Home Delivery (3-5 Business Days)
DELIVERY COST	FREE for 49.95€ Minimum Order Chronopost Standard Pickup Delivery: 4.99€ Chronopost Express Pickup Delivery: 5.99€ Chronopost Express Home Delivery: 6.99€	FREE for 49.95€ Minimum Order Chronopost Standard Pickup Delivery: 5.99€ Chronopost Standard Home Delivery: 6.99€	FREE for 79.95€ Minimum Order Chronopost Standard Pickup Delivery: 9.99€ Chronopost Standard Home Delivery: 9.99€	FREE for 99.95€ Minimum Order Chronopost Standard Home Delivery: 6.99€	FREE for 79.95€ Minimum Order Chronopost Standard Home Delivery: 9.99€

However, no delivery will be made in the following territories:The Canaries

- The Balearic Islands

- The enclaves of Ceuta and Melilla

- The Island of Madeira and Açores.

- The Principality of Andorre

- The French Overseas departments and Territories (presently the Overseas Departments and Regions, the overseas communities and French Polynesia) Corsica

- The Principality of Monaco

- The Channel Islands of Jersey and Guernsey.

- Malta and Cyprus

- Sicily Island area

Specifications:

Orders are prepared and shipped from the Vendor's warehouse in France. The delivery time and costs depend on the specific arrangements for preparing the order, the mode of delivery that is selected and the destination.

As specified in article 3 above, the delivery times are indicated in business days (Monday through Friday, apart from public holidays)

These delivery times do not take into account preparation of the order; therefore, an additional day is to be added for any order placed after 2:00 p.m. (GMT+1h). Any order placed before 2:00 p.m. (GMT+1h) will be processed during that day (Excluding UK orders).

Orders placed on a Friday, Saturday, Sunday or public holiday in Europe are processed only on the following Monday or business day. Also, during certain periods, particularly during sales and inventories or during periods of unusually heavy demand, as an exception, the delivery times may be somewhat longer than normal.

The Vendor extends its best effort to comply with the specified time limits; however, it shall not be held responsible for delays imputable to the shippers.

Under no circumstance shall the Vendor be held responsible for any late delivery due to erroneous or incomplete indications of the address.

Upon the Vendor’s confirmation of the order, the Customer is advised of the time for delivery of his order and the delivery monitoring number will be transmitted to him. He will then be able to connect to the shipper’s site via a hypertext link to monitor the forwarding of his order.

The delivery date is the date on which the Customer or a third party designated thereby, other than the shipper, receives the Products, or the date of first notice of delivery.

Article 6- Transfer of ownership and risks

The transfer of risks and ownership of the Products occurs upon delivery. Hence, the Customer must ensure that they are stored in a safe location and in a good condition.

However, ownership of the Products shall not under any circumstance be transferred to the Customer if they are not fully and effectively paid for.

Article 7- Returns

7.1- Only Products purchased via the Site may be returned to the Vendor pursuant to the conditions and procedures defined in articles 8 and 9 hereinafter, to the exclusion of any other products, including those bearing the Vendor’s marks or sold thereby in other sales outlets. You have a period of 30 days to return your products.

Therefore, this exclusion also applies to products that are distributed or sold by a retailer or any other third party, whether or not authorized by the Vendor.

If you are in EU/UK ,to register your return, you just need to click this link:

Start your return

And follow online instructions.

It is specified that the damage or loss of Products upon their return falls within the Customer’s responsibility.

Returns are free of charge for customer countries listed below:

- Germany

- Spain

- France

- Ireland

- Austria

- Belgium

- Denmark

- Italia

- Luxembourg

- Netherlands

- Sweden

-Portugal

-Finland

-Estonia

-Lithuania

-Latvia

Customer can also choose so send goods at his cost.

However customer have to pay his return if he lives in a country listed below:

- United Kingdom

- Czech Republic

- Hungary

- Greece

- Bulgaria

- Croatia

- Slovenia

- Slovakia

After verification of the reason for return of a Product and inspection of its conformity, the Vendor accepts or refuses its return.

In the event of refusal, the Product is either shipped back to the Customer at his expense or made available to him for 30 days at the Vendor’s warehouse.

When the return is approved by the Vendor, and the Customer desires an exchange of Product, the latter must place a new order after reimbursement of the returned product by the Vendor.

7.2- Unless any of the warranties specified in article 9 is put into play, the Customer commits to return the Products in their initial packaging including all of their accessories: instructions for use, carton labels with bar code, individual plastic packaging, etc.).

For hygiene reasons, please try our swimwear products on top of your underwear or an other bikini.

We reserve the right to refuse any return if the product is not returned as mentioned :

- Textile Products must be just like brand new, not washed and not creased.
- All returned articles must be folded neat and tidy, properly packed in original wrapping, and must include all labels.

Article 8- Retraction

The Customer has a right of retraction which he can exercise within 14 days of receipt of the Product, to enable him to cancel his order without a need to show good cause and without the Vendor being entitled to impose a penalty.

If the period for retraction expires on a Saturday, Sunday or public holiday, it is extended to the next business day.

To exercise his right of retraction, the Customer must use the form available on the Site or notify the Vendor of his decision by any other means that he chooses. The Customer must return the Product within 14 days following this communication via the shipper designated by the Vendor.

If any of the conditions and procedures for return specified in this Article, or if the returned Product is not in its initial condition or is damaged, stained or washed, or has been worn or modified in any manner whatsoever, the Vendor may refuse return or reimbursement of the Product.

Reimbursement is made to the bank account used by the Customer upon the initial purchase on the Site, within 14 days following the date on which the Vendor is informed of the Customer’s decision to retract.

However, the Vendor may defer its reimbursement until the date on which it recovers the Product or until a document proving the shipment is provided.

All of the amounts paid to the Vendor – i.e. the price of the returned Product and the delivery cost at the standard rate -- are reimbursed.

Article 9- Warranties

All Products purchased on the Site are covered by the warranties specified hereinafter.

9.1- Legal warranty of conformity

In accordance with the provisions of articles L 217-4 et seq. of the Consumer Code, the Customer has the benefit of the legal warranty of conformity which he may exercise within two years following delivery of the Product.

This warranty applies when a Product is unsuitable for the use that is generally intended for a similar product, does not correspond to the description given by the Vendor, or does not have the quality announced by the Vendor or agreed to therewith.

This warranty enables the Customer to choose between repair or replacement of the Product, subject to the conditions with respect to cost specified by article L 217-9 of the Consumer Code.

The Customer is excused from proving the existence of defective conformity of the Product for a period of twenty-four months following its delivery.

9.2- Warranty against hidden defects

Article 1641 of the Civil Code stipulates that « The Vendor is bound to warrant against hidden defects in the sold product that render it unsuitable for the intended use, or which are so diminishing with respect to such use that, if he had known, the purchaser would not have acquired it, or would have paid a lower price for it. »

To exercise this warranty, the Customer has two years from the date on which the hidden defect is discovered.

Pursuant to article 1644 of the Civil Code, the Customer may choose either cancellation of the sale or a reduction in the price.

Article 10- Liability

Under no circumstance shall the Vendor be deemed to be at fault or held liable for any late or improper execution or lack of execution that might be due to a situation of force majeure or a fortuitous event, as defined by legislation and the French case law.

Also, the Customer’s attention is called to the risks related to use of the internet network, particularly disturbances in supply of the service, external intrusions, or the presence of computer viruses, which may entail damage, losses or alterations of any data whatsoever.

The Vendor cannot be held liable in that regard.

By the same token, the Vendor does not guarantee continuous and permanent availability of the Site, access to which may be interrupted for technical reasons or for maintenance.

In the event of the Customer’s failure to comply with the GTCS, the Vendor may give him notice to redress the situation. If said notice has gone unheeded for more than eight days, the Vendor may, as a matter of absolute right, remove the Customer’s personal account, and refuse to give him access to the Site or the placement of any new order.

Article 11- Applicable law - Disputes

The GTCS are governed by French law, except for any provisions of public policy established in the Customer’s country of residence.

The parties shall attempt to amicably resolve any disputes that might arise between them regarding the construction or execution of these GTCS.

In accordance with the clauses of Article L.616-1 and R.616-1 of the French Commercial Trade, any dispute arising out of the sale execution will be followed by the designated mediator:

FEVAD

60 rue de la Boetie

75008 PARIS

mediateurduecommerce@fevad.com

Moreover, in accordance with Article 14.1 of the EU Merger Regulation n° 524/2013, and with council communication dated May 21st 2013, you can directly reach the dispute resolution online platform under the following link : https://webgate.eu.europa.eu

If an amicable settlement cannot be reached, either party may initiate a contractual mediation procedure or refer the matter to the competent court.

Article 12- Contacts

The Vendor’s Customer Department remains available to the Customer for any information or advice, and may be contacted:

- By telephone Monday through Thursday, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m., Friday, from 9:00 am to 12:00, except on French public holidays, call charged at the standard rate, without surcharges

at n° +33 (0)5 58 49 89 70 (France)

- By email, Via our contact page here or at the address « b2c.services@globebrand.com »

- By post, at the following address:

GLOBE EUROPE SAS

B2C Customers Service

14 Avenue de Laubian

Zone Artisanale de Laubian

40510 SEIGNOSSE

France