TERMS AND CONDITIONS OF SALE (T&Cs)

These Terms and Conditions of Sale (T&Cs) govern all sales of swimwear and accessories concluded on the website mitsioswimwear.com between the site's publisher, Julia CABUZEL (hereinafter "the Seller"), and any natural person making a purchase (hereinafter "the Buyer" or "the Customer").

The Buyer must accept these Terms and Conditions of Sale as presented and comply with them. These Terms and Conditions of Sale apply to the exclusion of all other conditions, including any conditions that the Buyer might wish to apply by virtue of any purchase order, order confirmation, printed matter, correspondence or other documents of the Buyer or their representative, which shall be deemed null and/or void.

The T&Cs are enforceable against Customers, who acknowledge, by ticking a box provided for this purpose, having been aware of them and having accepted them before placing an order. Validation of the order by Customers constitutes unreserved acceptance of the T&Cs in force on the day of the order. The Seller reserves the right to modify its T&Cs at any time. In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order. In any event, a Customer may consult the T&Cs in force by clicking on the "T&Cs" link.

The main characteristics of the swimwear and accessories (specifications, compositions, sizes) are presented on the website mitsioswimwear.com in the product sheets. The Customer is required to read them before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website are not contractual and shall not engage the Seller's liability (minor colour differences may exist depending on screen resolution).

Product offers are valid within the limits of available stock. If the ordered Products prove unavailable after validation of the order, the Seller immediately informs the Buyer by email. The Buyer will then be fully refunded the sums paid no later than within fourteen (14) days following payment.

The Seller reserves the right to refuse any order from a Customer for legitimate reasons, in particular if the quantities ordered for the same Product are abnormally high for buyers acting as consumers.

Creating a customer account

Creating an account is done freely and free of charge on the mitsioswimwear.com site in the "Account" module. The information obtained will allow, in particular, the Buyer to place orders on the site, to benefit in preview from VIP offers, invitations to private sales, advantages and advice. If the Buyer has lost their login details, they simply click on "forgotten password" to receive a new password by email.

Order terms

Prices are shown in Euros (€), all taxes included, excluding shipping costs.

To validate their order, the Customer selects the product(s) of their choice, which are added to their basket. Before confirming the order and proceeding to payment, a summary page is automatically displayed with the details of each product, the corresponding price, the applicable shipping costs and the total amount. The Customer must check the accuracy of their selection before confirming. By clicking on the payment finalisation button and ticking the T&Cs acceptance box, the sales contract is definitively formed. Payments are made in a completely secure manner via the integrated Stripe platform. An email acknowledging receipt of the order and its payment is sent by the Seller to the Buyer as soon as possible.

Any modification of the order by the Customer after confirmation is subject to the express acceptance of the Seller.

Customs duties

In the event of an order to a country outside the European Union or outside metropolitan France (overseas territories), the Customer is the importer of the product. Customs duties, local taxes or import duties may be payable. These duties and sums are not the responsibility of Mitsio Swimwear. They will be entirely at the expense and under the sole responsibility of the Customer.

Costs and times

The delivery zones, transport rates and estimated times are detailed and calculated transparently at the time the basket is validated, before final payment.

Delivery will be carried out within a maximum period of thirty (30) working days from receipt of the order confirmation email, subject to product availability. In the event of non-delivery or late delivery, the Customer must contact Customer Service as soon as possible by email at hello@mitsioswimwear.com. In this case, the Customer may either request a new estimated delivery date from Mitsio Swimwear, or cancel the order and receive a full refund of the sums paid.

Receipt of products and inspection

Risk on the swimwear and accessories is transferred to the Customer upon delivery, that is, at the moment the Customer (or any third party they have designated) physically takes possession of the items concerned.

Upon delivery of the order, it is the Customer's responsibility to check the number, conformity and condition of the items. If the parcel received is open, visibly damaged, or if all or part of the items inside are damaged or missing, the Customer is invited to refuse receipt of the parcel or to make, in writing, the necessary and detailed customary reservations with the carrier (e.g. "open parcel", "damaged item", "missing product").

In any event, the Customer undertakes to inform Mitsio Swimwear without delay by email at hello@mitsioswimwear.com, in order to allow the Seller to carry out an investigation and exercise its recourse against the carrier within the legal time limits.

In the event of a missing product, refusal or justified return of an item by the Customer in the circumstances above, Mitsio Swimwear will, after verification, either refund the item(s) concerned within fourteen (14) days, or reship the replacement item.

It is specified that these provisions do not deprive the Customer of the benefit of their right of withdrawal (Hygiene Guarantee) or the benefit of the legal guarantees of conformity.

Period and exercise of the right of withdrawal

In accordance with the European legal provisions in force, the Customer has a period of fourteen (14) days from receipt of their Products to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty.

To exercise this right, the Customer must send a clear and unambiguous request by email to hello@mitsioswimwear.com, expressing their wish to withdraw and specifying the chosen option (Exchange or Refund). An acknowledgement of receipt will be sent to the Customer by email.

Once the withdrawal has been notified, the Customer has a new period of fourteen (14) calendar days to return the Products to the address that will be communicated to them by customer service. The Customer is required to keep their proof of postal dispatch until the return is finalised.

Condition of the products

Returns must be made in their original condition and complete (packaging, accessories, tags), allowing them to be resold in new condition.

• HYGIENE GUARANTEE: For obvious reasons of hygiene and health protection relating to swimwear, swimsuits will only be taken back, exchanged or refunded if they are returned with the adhesive hygienic protection intact, unsoiled and never removed.
• Products that are damaged, washed, worn, soiled or incomplete will neither be taken back nor refunded and may be reshipped to the Customer at their expense.

Return options

Option 1: Refund request ➜ COSTS BORNE BY THE CUSTOMER. Only the price of the product is refunded. Return costs are the exclusive and full responsibility of the Customer. The refund is made via Stripe within 14 days after receipt and inspection of the product.

Option 2: Exchange request ➜ COSTS COVERED BY THE BRAND. Return costs are covered by Mitsio Swimwear only and exclusively for an exchange of size / colour or model (excluding sales/promotions, and for France, Belgium, Spain). Please note: If the Customer ultimately requests a refund after using the free return label, the transport cost will be deducted from their refund.

If the replacement product chosen has a higher value, the Customer must pay the difference before dispatch. If it has a lower value, the difference will be refunded by the Seller.

Conditions for implementing the legal guarantees

MITSIO is liable for defects of conformity of the products sold under the conditions of articles L. 217-3 et seq. of the French Consumer Code, as well as for hidden defects under the conditions provided for in articles 1641 et seq. of the French Civil Code.

Legal guarantee of conformity: The Customer has a period of two (2) years from delivery of the product to act. The Customer may choose between repair or replacement of the swimsuit, subject to the cost conditions provided for by law. If repair or replacement are impossible, the Customer may return the product and be refunded the price, or keep the product and be refunded part of the price. The Customer is exempt from providing proof of the existence of the product's defect of conformity during the twenty-four (24) months following its delivery.

Legal guarantee against hidden defects: The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, they have a period of two (2) years from the discovery of the defect to act. The Customer may choose between rescission of the sale (return of the product and full refund) or a reduction in the sale price in accordance with article 1644 of the Civil Code.

For any claim under the legal guarantees, the Customer must contact customer service without delay by email at: hello@mitsioswimwear.com, enclosing a precise description of the defect observed as well as supporting photographs.

Guarantee exclusions

It is expressly recalled that the legal guarantees do not cover deterioration resulting from a cause external to the product or from abnormal use. The following are strictly excluded from any guarantee:

Normal wear of the product: As swimwear are delicate textile articles, the natural loss of elasticity of the fibres (in particular elastane), pilling of the fabric due to repeated friction (rough surfaces, poolsides, sand), and the progressive discolouration of fabrics linked to prolonged exposure to the sun, UV rays or the moon do not constitute defects of conformity.

Lack of maintenance: Any damage resulting from non-compliance with the washing instructions (machine washing beyond the recommendations, use of a tumble dryer, aggressive wringing, use of inappropriate detergents or stain removers) is excluded from the guarantee.

External chemical attacks: Stains, discolouration or alterations of the fabric caused by external factors such as direct exposure to sun creams, tanning oils, high-dose chlorine in pools, or thermal treatments (jacuzzi, spa) shall not engage the Seller's liability.

Accidental damage: Snags, tears, cuts, or thread breaks caused by an external element after the Customer takes physical possession of the product are excluded from any guarantee.

These Terms and Conditions of Sale are governed by French law.

In the event of a complaint or dispute, the Customer undertakes to contact customer service first by email at hello@mitsioswimwear.com in order to find an amicable solution.

If no amicable solution is found, the Customer is informed that they may use a conventional mediation procedure or any other alternative dispute resolution method. The European Commission also provides an online dispute resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr/. Failing an amicable agreement, the French courts shall have sole jurisdiction.