General Conditions of Sale
These general conditions of sale apply without restriction or reservation to all online sales offered by the company Shape So on the website www.soshape.com (hereinafter: the " Site ").
So Shape sells to buyers (the " Purchasers ") dietary food products (hereinafter " Products ").
These general conditions are intended to define the terms and conditions of sale and delivery of products, and to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site.
They supersede any other general or special conditions, notably purchase, not specifically approved by So Shape. They may be supplemented if necessary by special conditions of sale or use certain products or services, which complement the present general conditions and, in case of conflict, prevail over the latter.
Products are offered for sale to the following countries: [ Metropolitan France, Luxembourg, Switzerland, England, Italy, Spain, Belgium, Portugal, Germany, Hungary, Israel, Morocco, the Netherlands, Austria, Ireland, Norway, Sweden ] .
2. IDENTITY AND CONTACT THE SELLER
The Site is owned and operated by the company So Shape stock company with a capital of 300,000 euros, registered with the RCS Paris under number 798 038 345, which proposes for Sale (hereinafter: the " Company ").
The Company may be contacted at the following:
Phone: 01 76 42 00 56
3. ACCEPTANCE OF TERMS
The Buyer declares, prior to his order, he has full legal capacity, enabling it to engage under these terms.
Acceptance thereof is represented by a check box in the order form. This acceptance can only be full. Any acceptance subject is considered null and void. Buyer who does not accept to be bound by these terms and conditions shall not perform control on the Site.
4. PRODUCT FEATURES
Before ordering the Company recommends the buyer to take note on the site, nutritional information, mode of employment and cons-indications of each product they wish to order. The Company is not responsible for and can not pay back the product if allergic to any of the components displayed on the site.
The labeling and advertising of all products sold are in compliance with standards on French territory and to Community legislation.
Note: meal replacement products are designed to replace meals as part of a cure for a limited time, but they are not enough on their own to have a balanced diet.
Only regular exercise, a balanced and varied diet are sources of good balance.
It is appropriate for the use of products to maintain a sufficient daily intake of water.
The Company recommends the buyer to comply strictly with the recommendations for use, the precautions and cons-indications of the Products on the Site.
The Company recommends that the Buyer not to consume the exclusive and prolonged products for more than 3 months without medical advice.
Products are offered for sale in the stocks.
The photographs, representations and descriptions of Products on the Site are the most accurate. They commit the Company for what is stated precisely.
5.1 EXECUTION OF ORDERS
To order, the Buyer shall select the products of their choice and place them in a basket.
It can access the summary of his cart at any time until the order is not finally validated and can correct any errors in the seized items.
Under the order, the Buyer is invited to provide contact information for delivery and billing. Must complete all fields marked as mandatory on the form provided for that purpose. Orders that do not contain all the required information can not be validated.
Buyer warrants that all information given in the order form is accurate, timely and sincere and are not vitiated by any misleading.
It is informed and agrees that such information as proof of their identity and commit upon validation.
5.2 ACCOUNT CREATION
Following the order, the Buyer is offered the opportunity to register via a third account or by entering a password (hereinafter: the " Account "), which allows Buyer, at its subsequent orders on the Site, to access a pre order form filled with the coordinates he provided.
He undertakes to update this information when changes (including: change address).
Buyer is responsible for maintaining the confidentiality of his password. It must immediately contact the Company using the contact details in section 2 of these if he notices that his account was used without his knowledge. He acknowledged to the Company the right to take appropriate measures in such cases.
5.3 ORDER CONFIRMATION
Following the order, the Buyer receives by email a confirmation of it.
The Buyer shall ensure that the coordinates he provided when ordering or update his account are correct and allow him to receive the email confirmation of the order. Failing receipt thereof, the Purchaser must contact the Company using the contact details in Article 2.
The Company recommends that the Buyer retains the information in the order confirmation.
The order and its confirmation is considered received when the parties to whom they are addressed can access them.
6. PRICE AND PAYMENT
As part of an online order, the products selling prices are listed on the site.
They are in euros, all taxes included French (French VAT and other applicable taxes).
They do not include shipping costs that may apply to products shipped, billed at cost price of products purchased, as provided for in Article 7. The amount of the applicable shipping charges will be indicated before the validation of the order by the 'Buyer.
For products shipped outside the European Union, the price will be charged net of VAT.
Warning : Apart from the European Union, customs duties or local taxes may be payable and may be charged to receive the package by the Purchaser, in addition to the price paid to the Company. These duties and taxes, which the Company can not determine in advance the exact amount of which can not therefore inform the Buyer prior to his order, are the responsibility of the Buyer, which is responsible for the good fulfillment of any statements and / or formalities.
the applicable price is the price displayed on the Site at the time of registration of the order by the Buyer.
The full price of Products and applicable shipping costs are payable to the order. Payment can be made online:
- by credit card
- or by any other means that will be offered on the Site at the time of the order.
Buyer warrants to the Company that he has the necessary authorizations to use the payment method chosen.
The Company reserves the right to suspend or cancel any order and / or delivery, in case of non-payment of any sum payable by the Purchaser in the event of a payment incident, or in cases of fraud or attempted fraud.
Penalties in an amount equal to one and a half (1.5 times) the French legal interest rate are automatically applicable to amounts outstanding upon notification of the rejection of bank payment.
6.3 RETENTION OF
The Company retains full ownership of the products sold until full payment is received.
7.1 Delivery of the products are made to the address indicated in the order of the Buyer as "delivery address" (which may be different from the billing address).
Deliveries are accompanied by an invoice in good standing.
7.2 Different delivery modes are possible, depending on the categories of products, their dimensions and their weight.
Buyer is advised when ordering possible delivery modes for the (s) product (s) ordered (s ) and any corresponding costs to each mode.
The Buyer shall select the desired mode of delivery and give all the information necessary for the effective delivery of the product in this mode.
7.3 A delivery deadline is indicated to Buyer in the email confirmation of the order (the delivery takes place in principle within 15 (fifteen) days following the order, unless otherwise stated in the confirmation email).
In case of delay of more than 15 (fifteen) days from the delivery date announced in the order confirmation email, not justified by force majeure, and in the absence of receipt of the Products, Buyer may denounce the order by registered letter with acknowledgment of receipt sent to the address mentioned in Article 2 and get a full refund of amounts paid within 30 (thirty) days, to the exclusion of any other compensation.
If delivery of the produce ordered, the purchaser must return the said product in unopened original packing and without any damage to the Company for a full refund.
7.4 The Buyer shall be informed promptly in case of unavailability of the product ordered. He can then get a full refund of amounts paid within 30 (thirty) days, to the exclusion of any other compensation.
8. RIGHT OF WITHDRAWAL
The buyer has a period of fourteen (14) days from the date of receipt of the Products to retract without having to give reasons or pay penalties, except for return shipping costs.
He should contact the Company by mail with return receipt at 179 boulevard Malesherbes 75017 Paris to inform its willingness to use its right of withdrawal. The letter must state: the order number, the name of the Buyer, the date of the order and the reason for the withdrawal.
The Buyer will then return the products to the Company by any useful means.
Products must be returned to the Company in their unopened original packaging, with all their accessories, without trace of use. They must be accompanied by a copy of the corresponding invoice.
The Buyer will be refunded as soon as possible and at the latest within 30 (thirty) days following the date of receipt of returned products to the full amount paid for the order, net of expenses back and consumed products.
The labeling clearly establishing the presence or absence of allergens, the Company can not be held responsible for an error by the Buyer on its intolerances or allergies to certain ingredients. Intolerance or allergy may therefore not be the basis for reimbursement.
No cancellation will not intervene outside the exercise of the right of withdrawal under the above conditions.
9. STATUTORY WARRANTIES
The Buyer has the legal guarantees of non-compliance as well as against hidden vices of the thing sold.
If the Buyer finds that the product that was delivered to him this defect, failure to comply or is damaged, it must inform the Company using the contact details in section 2 hereof, stating the nature of the defect, non-compliance or damage found.
The Company will arrange with the carrier of his choice modalities of return, which will inform the Purchaser in any useful way. The Company shall bear the expenses of this return.
Products must be returned to the Company in their original packaging with all accessories. They must be accompanied by a copy of the corresponding invoice.
Products Returns not complying with the terms described above will not be considered.
The Company will conduct the necessary checks and propose to the Buyer the repair or replacement of the product if possible.
If repair or replacement of the Product are not possible, the Company will propose to the Buyer to reimburse the full price paid for this product and delivery charges thereon. The Buyer will receive a refund as soon as possible and at the latest within 15 (fifteen) days of the date on which the Company has informed the inability to repair or replace the Product
10.1 The Company undertakes to conduct regular checks to verify the functioning and accessibility of the site. As such, the Company reserves the right to interrupt access to the site for maintenance reasons. Similarly, the Company can not be held responsible for difficulties or impossibilities temporary access to the Site which would originally circumstances that are external, force majeure, or which would be due to disruptions in telecommunication networks.
The connection any person to the website is fully responsible. It is up to the Purchaser to take all appropriate measures to protect their data and / or software stored on his computer equipment and against any attack.
10.2 The Company provides Buyer no warranty as to the suitability of products for their needs, expectations, particularly in terms of taste or constraints.
10.3 The Company does not guarantee results or effect due to the use of the Products.
10.4 The Company shall not be held responsible for failure or delay in performing its obligations due to a force majeure or disruption or total or partial strikes of postal services, carriers or means of communications.
In any case, the liability may be incurred by the Company hereunder is expressly limited to the identified only direct damages suffered by the Buyer.
11. INTELLECTUAL PROPERTY
Products and systems, software, structures, infrastructures, databases and content of any kind (text, images, video, music, logos, trademarks, database, etc ...) operated by the Company within the Site are all protected by intellectual property rights or rights of producers of existing databases. All disassembly, decompilation, decryption, extractions, reuses, copies and more generally, any act of reproduction, distribution and use of any of these elements, in whole or part without the authorization of the Company is strictly prohibited and may be subject to prosecution.
12. PROHIBITED CONDUCT
12.1 are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow or prevent the proper operation of the Site, (ii) any intrusions or attempted intrusions into corporate systems, (iii) any diversion of resources Site system, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringements of security and authentication measures, (vi) all acts that violate the rights and financial, commercial or moral interests of the Company or the users of its website, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these terms and conditions or laws and regulations.
12.2 It is also strictly forbidden to monetize, sell or license all or part of the access to the Site, and the information it contains.
12.3 in case of breach of any of this section or, more generally, of breaches of the laws and regulations, the Company reserves the right to take appropriate action and to initiate any legal action.
13. PERSONAL DATA
The Company practices a personal data protection policy whose features are explained in the document " Charter on the protection of personal data ", available on the website on the " Privacy", which the Purchaser is expressly invited to read.
The Company reserves the right to insert on any page of the Site all advertising or promotional messages in a form and under conditions which the Company will be the sole judge.
15. LINKS AND THIRD PARTY SITES
The Company shall in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Purchaser would access through the Site.
The Company is not responsible for transactions between the Buyer and any advertiser or professional trader (including any partners) to which the Purchaser would be directed through the website and can in no case be party to some potential disputes whether with such third parties concerning in particular the delivery of products and / or services, guarantees, statements and any other obligations to which such third parties are required.
The Company reserves the right to modify at any time these terms and conditions. In this case, the conditions will be those in effect on the date of confirmation of the order by the Buyer.
In the event of a translation of these terms in one or more languages, language interpretation will be French in case of conflict or dispute about the meaning of a term or provision.
18. LAW AND JURISDICTION
These general conditions are governed by French law.
In case of dispute on the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, unless rules otherwise mandatory procedure.
19. ENTRY INTO FORCE
These general conditions came into force on 28.06.16