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These General Terms of Sale (“Terms”) govern all sales concluded through the website www.fatimasgarden.com (the “Website”), on which Fatima’s Garden products are offered for distance selling. Any order placed on the Website implies the customer’s full and unreserved acceptance of these Terms.
Depending on the customer’s country of delivery, the seller is:
The applicable seller, governing law and consumer rights therefore depend on the customer’s place of delivery, as set out below. “Fatima’s Garden” is a brand and registered trademark of The Swarmers SARL.
These Terms define the rights and obligations of the parties in connection with the online distance sale of the products offered on the Website. By validating an order, the customer declares that they have read and accepted these Terms beforehand. Validation of the order constitutes acceptance without restriction or reservation of these Terms. These Terms may be saved or printed by the customer at any time from the Website.
For orders delivered within the European Union / EEA — Seller:
For orders delivered outside the European Union / EEA — Seller:
United States (tax identification): The Swarmers SARL — EIN 98-1361987 — D-U-N-S 354163247.
The essential characteristics of each product are described on the corresponding product page of the Website, in accordance with applicable consumer information laws. Product photographs and descriptions are provided in good faith; minor variations that do not affect the essential characteristics of the products do not engage the Seller’s liability.
Orders are placed online on the Website. Before final validation, the customer can review the details and total price of the order (including applicable taxes and delivery costs) and correct any errors. Validation of the order — after acceptance of these Terms and payment — forms the contract. The Seller acknowledges the order by e-mail without undue delay, and the sale becomes final upon the Seller’s confirmation of shipment. The Seller may refuse or cancel any order that is abnormal, made in bad faith, or where a dispute exists over payment of a previous order.
Prices are displayed on the Website in the currency selected by the customer — euro (€ / EUR), US dollar ($ / USD), pound sterling (£ / GBP), Canadian dollar (CAD) or Australian dollar (AUD). For consumers in the EU/EEA, prices are shown inclusive of applicable VAT (TTC); delivery costs are indicated separately before the order is validated. Any customs duties or import taxes for deliveries outside the seller’s country are the responsibility of the customer.
Accepted payment methods are shown at checkout and may include payment cards (Visa, Mastercard), Klarna and other methods offered for the customer’s region. Payment is due at the time of the order. The customer warrants that they are authorised to use the payment method selected.
Card payments are handled by secure, PCI-DSS-compliant payment service providers. Depending on the customer’s region and the payment method chosen, the provider may be:
Full card numbers and sensitive authentication data are handled only within the providers’ secure, PCI-DSS-compliant environment and are not stored by the Website.
Products are delivered to the address provided by the customer at checkout. Delivery costs and estimated delivery times are shown before the order is validated and depend on the destination and the weight of the parcel. EU/EEA orders are dispatched from France by the carrier indicated at checkout, without undue delay and at the latest within 5 days of order confirmation unless a different time is stated.
The customer must check the condition of the parcel on delivery and report any visible damage to the carrier within 48 hours of receipt. If a parcel cannot be delivered, it may be held at the local collection point for the period set by the carrier. Where a loss is confirmed by the carrier, a replacement will be sent or, if the product is unavailable, the affected amount refunded.
Consumers in the EU/EEA have a legal right of withdrawal of fourteen (14) days from the day the goods are received, in accordance with Directive 2011/83/EU and the French Consumer Code, without needing to give a reason. To exercise it, the customer notifies the Seller of their decision within the 14-day period (e.g. by e-mail to contact@fatimasgarden.com, or using the model withdrawal form) and returns the product within 14 days of that notification to: Blue Tit SAS, 3 Résidence de la Hunoye, 77950 Rubelles, France.
The Seller will refund all payments received, including standard delivery costs, no later than 14 days after being informed of the withdrawal, using the same means of payment as the original transaction unless the customer expressly agrees otherwise. The Seller may withhold the refund until the goods are received back or proof of return is provided.
In accordance with the law, the right of withdrawal does not apply to goods unsealed after delivery that cannot be returned for health-protection or hygiene reasons (e.g. cosmetics whose protective seal has been opened). Products must be returned complete, in their original packaging, in a condition allowing resale.
Customers outside the EU/EEA: products may be returned within 14 days of delivery, in their original, complete and unopened packaging, with a copy of the invoice, to: The Swarmers SARL, 15 Rue Illigh, Salam, Agadir, Morocco. Return shipping costs and risks are borne by the customer unless the return results from an error or defect attributable to the Seller. Items returned incomplete, opened, damaged or soiled cannot be refunded or exchanged.
Where an exchange is requested and accepted, the initial sale is cancelled and a new sale is concluded under these Terms; any price difference is settled by credit or re-credit to the customer’s original payment method.
For consumers in the EU/EEA, products benefit from the legal guarantee of conformity (two years from delivery) and the legal guarantee against hidden defects, under the French Consumer Code and Civil Code, independently of any commercial warranty. The customer must ensure the products delivered correspond to their order and inform customer service of any non-conformity.
The “Fatima’s Garden” trademark and all marks, illustrations, images and logos appearing on the products, their packaging or the Website are and remain the exclusive property of The Swarmers SARL. No part of the Website may be reproduced or transmitted, in any form, without the owner’s prior written consent.
Personal data collected in connection with orders is processed in accordance with our Privacy Policy below, which sets out the data collected, the purposes and legal basis, retention periods and the customer’s rights under the GDPR.
For orders placed by consumers in the EU/EEA (Seller: Blue Tit SAS), these Terms are governed by French law, without depriving the consumer of the mandatory protections of their country of residence. Consumers may use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr and may seek a consumer mediator before any legal action.
For orders placed outside the EU/EEA (Seller: The Swarmers SARL), these Terms are governed by Moroccan law and any dispute falls within the jurisdiction of the competent Moroccan commercial courts, subject to any mandatory consumer-protection rules of the customer’s country of residence.
The records kept by the applicable payment service provider (Wise and its processor for Blue Tit SAS; CMI for The Swarmers SARL) on the secure payment platform constitute proof of the commercial transactions between the customer and the Seller.
The products are cosmetics intended for personal use and comply with the applicable regulations of the seller’s market. The customer is responsible for ensuring the products may lawfully be imported into their country and for any related restrictions, duties or taxes.
Neither party is liable for any failure or delay in performing its obligations caused by an event beyond its reasonable control (force majeure).
In order to offer Klarna’s payment methods, we may pass your personal data in the form of contact and order details to Klarna at checkout, so that Klarna can assess whether you qualify for its payment methods and tailor them for you. Personal data transferred is processed in line with Klarna’s own privacy notice.
This Privacy Policy explains how we collect and use your personal data when you use www.fatimasgarden.com, in accordance with the EU General Data Protection Regulation (GDPR) and applicable law.
Data controller. For customers in the EU/EEA: Blue Tit SAS, 3 Résidence de la Hunoye, 77950 Rubelles, France. For customers elsewhere: The Swarmers SARL, 15 Rue Illigh, Salam, Agadir, Morocco. Contact for any privacy request: contact@fatimasgarden.com.
What we collect. Identity and contact details (name, delivery and billing address, e-mail, phone); order and transaction details; payment information (processed by our payment providers — we do not store full card numbers); your communications with customer service; and technical/browsing data and cookies when you use the Website.
Why we use it, and our legal basis. To process and deliver your orders and manage the sales contract (performance of a contract); to comply with legal obligations such as accounting and tax (legal obligation); to prevent fraud, secure payments and improve our products and service (legitimate interests); and, where you have opted in, to send you our newsletter and offers (consent, which you may withdraw at any time).
Who we share it with. Only with parties needed to fulfil these purposes: payment providers (Wise, CMI, Klarna), shipping and logistics carriers, our IT/hosting and e-mail providers, and public authorities where legally required. These parties act as processors or independent controllers under their own privacy terms.
International transfers. Some data may be processed outside the EEA (including in Morocco). Where this happens, we put in place appropriate safeguards (such as the European Commission’s standard contractual clauses) to protect your data.
How long we keep it. Order and invoicing data is kept for the period required by law (generally up to 10 years for accounting records); account and marketing data is kept until you close your account or withdraw consent, then deleted or anonymised.
Your rights. You may access, rectify, erase, restrict or object to the processing of your data, request data portability, and withdraw consent at any time by contacting contact@fatimasgarden.com. EU/EEA customers may also lodge a complaint with a supervisory authority (in France, the CNIL — www.cnil.fr).
Cookies. The Website uses cookies necessary for its operation and, subject to your consent, cookies for analytics and marketing. You can manage your preferences through your browser or our cookie banner.
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