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Welcome to Noire Swimwear e-Shop! We take great pride in our e-Shop and aim to provide our customers with a luxurious and customer-centric experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to Your use of this website and any service or products that You order from us.

The terms and conditions (collectively, “terms”) apply to your use and access to www.noire-swimwear.com including all orders submitted by you for any products or services made available by Noire.ro SRL  through www.noire-swimwear.com

Noire.ro SRL is referred to in these terms and conditions as “Noire Swimwear”, “we”, “us”, and www.noire-swimwear.com may be referred to as “the Website”.

Please read this Terms & Conditions carefully before accesing or using our website. By accesing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

1. Changes To Terms

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page.

We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. About Us

We are Noire Swimwear, www.noire-swimwear.com, Noire.ro SRL, limited, a company organised and existing under romanian laws, having its registered office at Electromagnetica   Business Park, 266-268 Calea Rahovei, C2, 1St floor, Unit 30, District 5, Bucharest, Romania, Reg. N. J40/4455/2015, Vat N. Ro34360489

You can contact us by telephoning our customer care team on +40731413342 or by emailing: customer@noire-swimwear.com.

If we have to contact you we will do so by telephone or in writing to you at the email address you provided to us in your order.

3. Order

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. By submitting an order via the Website, you offer to purchase the products you selected and submit payment to us pursuant to these Terms & Conditions.

After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. 

We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details.

Our acceptance of your order will take place when we email you to confirm dispatch of your product.

We will assign an order number to each order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our Product

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

The packaging of the product may vary from that shown on images on our website

5. Product Availability

All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases, immediate notification is not possible and we may need to reject an order where we later establish that is unavailable for delivery. 

Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order.

If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product.

6. Price

The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order.

Prices for our products may change from time to time, but changes will not affect any order that we have already invoiced.

The price of a product does not include delivery charges. Our delivery charges can be indicated on every product page in the Shipping Section or at the check out, before you confirm the order.

Customers purchasing from a country outside European Union may incur a small import duty or tax.

These costs are not included in the final purchase price. Customers will be charged for the purchased products and the shipping costs only. Import duty or tax costs for customers outside EU will be invoiced to you directly from UPS or an import broker appointed by you

We offer three (3) different currencies on our website based on the shipping destination.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of the VAT that you pay, unless you have already paid the product in full before the change in the rate of VAT takes effect.

It is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the products is less than our stated price, we will charge the lower amount when dispatching the products to you. If the correct price of the product is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the products, or reject your order and notify you of such rejection.

We are under no obligation to provide the products to you at the incorrect (lower) price, even after we have sent you a notice confirming dispatch, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

7. Payment

For international orders: 

The products must be paid before we dispatch them.

You confirm that the credit/debit cad or payment method that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

If you have any problems with your card payment please contact us via e-mail at customer@noire-swimwear.com for a proforma invoice so you can pay it through bank transfer. 

For intern orders (Romania), you can also choose Cash on Delivery.

8. Delivery

The estimated delivery date of the products will be stated in your order confirmation email. Usually, intern (Romania) delivery takes about 1-2 days after your order has been dispatched.If you do not receive an estimated delivery date from us, please contact us at customer@noire-swimwear.com or by telephone at 0040731413342. We will try to ensure that your order is delivered by the estimated delivery date (if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section Force Majeure below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. 

If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.

9. International Delivery 

Details of the countries we deliver to can be found on our Orders & Shipping page. 

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 6 (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.

10. Cancellation and Cooling-Off Period

You may cancel a Contract at any time beginning from the date you place your order and ending 14 Calendar Days after you receive the order (“Cooling-Off Period”). This means that if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us and you will receive a full refund of the Price in accordance with Condition 11 below.

To cancel a Contract you just need to let us know that you have decided to cancel. The way to do this is to complete our cancellation process through your account. When completed, this informs us that you are going to return Goods, and provides details which must be included with the products to enable refund processing. If the Goods have been delivered to you in Romania then you will be able to use the included returns label to send the Goods back to us.

Details of this statutory right and an explanation of how to exercise it are provided in the Returns & Refunds policy. This provision does not affect your statutory rights.

11. Refunds and Returns  

Where you are entitled to return Goods or obtain a refund you need to complete the cancellation process through your account. When completed, this informs us that you are going to return Goods, and provides details which must be included with the Goods to enable refund processing.

Returned Goods should be posted directly to us at the address listed on our website, which can be done by using the returns label issued with your delivery if you live Romania. More details on the returns process can be found in our Return & Refund policy.

We are not liable for loss of or damage to Goods sustained during their return.

When you return any Goods to us:

- because you have cancelled the Contract between us during the Cooling‑Off Period, we will process the refund due to you as soon as possible and, in any case, within maximum 14 Calendar Days of the day you have given notice of your cancellation. In this case, we will refund the Price in full, including any applicable delivery charges. If you fail to return the Goods to us we shall be entitled to recover the Goods and shall be entitled to charge you as an additional charge for the cost of doing so;

- for any other reason (for instance, because you claim that the Goods are not in accordance with the warranty set out in Condition 13), we will examine the returned Goods and will notify you of your refund by email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 Calendar Days of the day we confirmed to you that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, and this will include a refund of the delivery charges for sending the item to you where they are returned within 14 Calendar Days of delivery.

For international/intern orders paid by card/bank transfer: We will refund any money received from you using the same method originally used by you to pay for your purchase.

For intern orders with Cash on delivery, we will refund the money by bank transfer after the goods are verified within maximum 14 Calendar Days.

We will refund you the price you paid for the Goods. Please note, however, that we are entitled by law to reduce the refund paid to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be acceptable in a shop. See our Delivery, Returns and Distance Selling Policy for further details of what is considered acceptable handling, and examples.

Please note that where refunds of delivery costs are paid, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

Please note that the cost of any packaging requested under Condition 7.2 will not be refunded unless otherwise stated

12. Product Issue

If you have any questions or complaints about the product, please contact us. You can telephone our customer care team +40731413342 or by e-mail at customer@noire-swimwear.com.

Is your obligation to return rejected product. Please contact our customer care team for a return label or to arrange collection.

13. Using your Personal Data

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy because it includes important terms which apply to you.

14. Communication Between Us

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Use of the Website

If you register an account with us, you are responsible for keeping your password and user name confidential and for all activities that are carried out using them. You agree to notify us immediately by email to customer@noire-swimwear.com if you become aware of or suspect any unauthorised use of your password or user name.

Your promises to us

You confirm that: (a) all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and (b) you will comply with the restrictions on your use of the website as set out in these terms.

You agree that in using the website you will not: (a) use the website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the website less efficient; (b) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.

You agree to compensate us fully if: (a) a claim or legal proceeding is brought against us by any other person as a result of your breach of these terms; and/or (b) you have acted negligently, recklessly or in a deliberately harmful way and we have suffered losses as a result of your use of the website or any content you have submitted to us.

Rights granted and rights reserved

We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavour to ensure that the website is always available but do not guarantee that it will be available uninterrupted or error free.

We are the owner or the licensee of all website design, text, graphics and software. Your use of the website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.

You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the web pages or materials on the website or the computer codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.

Any use other than that permitted may only be undertaken with our prior express permission.

Links to and from other websites

You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.

You may not frame our website nor may you create a link to any part of our website other than the home page unless we give you written permission (which we may withdraw at any time).

16. Force Majeure

We shall not be liable to you or be deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors or inability to procure materials required for performance of the Contract (“Force Majeure Event”).

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure Event continues for a continuous period of more than 2 months, we may terminate the Contract by written notice to you.

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