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general terms of sale

The site www.shape.paris (the "Internet Site") is published by the company Agencify and with the property in its totality, as well as the whole of the rights relating to it. Any reproduction, integral or partial, is systematically subjected to the authorization of the owners.

The company Agencify is registered with the RCS of Nanterre under the number of SIRET 919 938 811 00016 whose headquarter is located at 117 avenue Victor Hugo - 92100 BOULOGNE, France.

The articles which follow establish the general terms of sale concluded between on the one hand the people carrying out a purchase via the Internet site of www.shape.paris, hereafter called "the Customer" and on the other hand the company Agencify, hereafter called "Shape.Paris". The fact of validating the order after having filled it in its entirety will be worth irrevocable acceptance of these general conditions of sale. No order of products can be made without accepting the conditions provided below. These conditions concern exclusively non-trading individuals. Shape.Paris reserves the right to modify the General Sales Conditions from time to time. They will be applicable as soon as they are put online.

1. Subject

The present conditions aim to define the terms and conditions of online selling between Shape.Paris and the Customer, from the placing of the order to the after-sales services. They constitute the entirety of the rights and obligations of the parties, no other condition can be integrated to them.

2. Products

Shape.Paris informs the Customer of all the main characteristics of the products offered. These characteristics may concern the dimensions, weights, colors, quantities and their composition. If errors are made, Shape.Paris cannot be held responsible. The photographs of the products illustrating our Website are only indicative and are not contractual. Shape.Paris makes every effort to ensure that these photographs are as realistic as possible.

3. Prices

The prices of the products are indicated in Euros (€) including all taxes for Europe and in Dollars (US $) for other countries. They take into account the VAT for Europe and possible reductions applicable on the day of the order. The prices invoiced are those in effect at the time the order is placed. Companies registered in the European Union (outside of France) and having an european VAT number may benefit from tax-free prices. Customers benefiting from a promotion code or a discount code will be able to view their order including the discount which will be instantly deducted from the unit price and the total amount to be paid.

4. Order

To place an order, the Customer must identify himself to access his account. For any first order, he will have to create an account. The Customer must provide accurate and complete information. Once the shopping cart is validated, the Customer will have to accept the General Conditions, choose the address and the delivery method, and finally validate the payment method, this last step formalizing the sales contract between Shape.Paris and the Customer. This acceptance can only be challenged in certain limited cases provided for in the present contract under the article : "right of withdrawal". After validation of the payment, Shape.Paris will confirm the acceptance of the order to the Customer by sending an e-mail to the e-mail address that the Customer will have communicated. The sale will be concluded only after the confirmation of the order. Shape.Paris reserves the right to cancel the order if it is unable to fulfill it and will inform the Customer by e-mail. This confirmation, or if necessary, the cancellation of the order, will be stipulated to the user at the latest 72 hours after the reception of the order.

Shape.Paris undertakes to honour the orders received only within the limits of the available stocks of products or within the limits of the stocks available from its suppliers. In the event of unavailability of the product(s), Shape.Paris undertakes to inform the Customer as soon as possible. However, as availability is frequently updated, such unavailability could only be due to a computer error. If the Customer is unable to fulfill his order and in accordance with the regulations, no cancellation penalty will be applied for such an order cancellation. In the case of a cancellation, the refund will be made as soon as possible and at the latest in accordance with the regulations within 30 days. In certain cases, such as non-payment, incorrect address or other problem on the Customer's account, Shape.Paris reserves the right to block the Customer's order until the problem is resolved. Shape.Paris also reserves the right to cancel any order from a Customer with whom there is a dispute over payment of a previous order. For any question relating to the follow-up of an order, the Customer must consult his account on the Website or call the Customer Service from Monday to Friday from 9:00 am to 12:30 pm and from 2:00 pm to 4:30 pm.

5. Payment

Shape.Paris reserves the right to verify the personal data communicated by the Customer and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the one who placed the order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or residence and/or bank documents (account details or cancelled check). If the Customer does not respond to such a request within 4 days following the request made by Shape.Paris, the order in question shall be automatically cancelled, without any possibility of subsequent claim. Shape.Paris shall also be free to cancel directly an order that presents one or more risk factors of fraudulent use of a credit card.

Payment at the time of order: The payment in Euros (€) and Dollars ($) of the orders can be done by credit card, bank transfer, Paypal or Apple Pay. When the Customer chooses to pay by credit card, his credit card number and its date of validity are communicated in encrypted mode (ssl) to our bank which will be the only depository of this information. The order becomes effective only after validation of the payment. The data relating to the bank card are kept only during the time of treatment of the order. It’s possible to pay for your purchases simply and without any risk through a bank transfer from your bank to ours. Once your order is validated with the payment method "bank transfer" selected, you will receive by e-mail our bank account details in order to proceed with your payment. For payment by Paypal: you will be directly redirected to the secure site of Paypal, follow the instructions to finalize your payment. For payment by Apple Pay: click on the Apple Pay button as payment method, follow the instructions and confirm your payment from your iPhone, Apple Watch or Mac. Shape.Paris reserves the right to cancel any order for which payment has not been received within 10 days of the order date.

6. Delivery

Shape.Paris delivers its products for free in France and abroad. Our orders are processed as soon as we receive them and shipped within 5 to 7 business days for in-stock products, 3 to 4 weeks for made-to-order products and 4 to 5 weeks for custom-made products or designs, after we receive payment, unless the product is out of stock, which could cause an additional delay. Orders or products are shipped by our UPS carrier. The carrier will call you to make an appointment for door-to-door delivery. In addition, for deliveries outside of France, the customer agrees to pay all taxes due on the import of products, customs duties, value added tax, and any other taxes due under the laws of the country where the order is received. For reasons of availability, an order can be delivered in several times to the Customer. If the good is unavailable, the Customer will be informed as soon as possible and will be able to cancel his order. His bank account will then be credited with the amount of his order. If the Customer wishes to have 2 delivery places, he must place 2 orders. The delivery address (which may be different from the billing address) must be accurate and include all the details necessary for proper delivery. If the delay exceeds 30 days following the day of transmission of the order, a cancellation as well as the refund of the payment will be carried out, except if the customer wishes to maintain his order. The delivery is made to the address indicated by the customer at the time of his order. The delivery can only be made if the buyer is up to date with his obligations towards the seller. Shape.Paris cannot be held responsible for delays in delivery in cases of force majeure: war, disasters, administrative decisions, transport stoppages, natural disasters, war, riots, fire, strikes, accidents and the impossibility of being supplied making delivery impossible. For delivery by appointment, the Customer must clearly indicate a fixed and/or cell phone number at which he/she can be easily reached. For a delivery of bulky material, it is the Customer's responsibility to ensure the accessibility of the delivery location and to inform Shape.Paris or the carrier when making the appointment. If the delivery could not be made for accessibility reasons, Shape.Paris shall not be held responsible. An error in the delivery address, in the place of delivery, in the accessibility of the place, in the telephone number for making the appointment, in the absence of the Customer at the scheduled appointment, or any other problem leading to the need to make a new delivery may be subject to invoicing at the actual cost of the new delivery, the payment of these additional costs alone allowing the new delivery. The delivery times are given as an indication only and are not rigorous or guaranteed in particular during certain periods of strong activities, such as the periods of sales.

The information given by the Customer when placing an order is the responsibility of the Customer. In the event of an error in the recipient's delivery details, Shape.Paris cannot be held responsible for the impossibility of delivering the product. If a package is returned to us for a reason such as "unclaimed" or "does not live at the address indicated", we will reship your package after payment of the corresponding shipping costs. If you do not pay these reshipment fees, or if you still do not claim the package that has been returned to you after payment of these fees and this package is returned to us a second time by the carrier, it will be stored in our warehouses for six (6) months. At the end of this period, we reserve the right to destroy the items stored in this way, without notice or formal notice. This destruction does not give any right to refund, exchange or compensation.

7. Right of withdrawal

In accordance with the legislation on distance selling, the Customer has a period of 14 days from receipt to return the product that does not suit him. Except in the case where the return is the result of an error on our part, the cost of return will be charged to the customer. This right of return will be accepted only for complete products, in their original condition (packaging, accessories ...) with a copy of the purchase invoice. Items returned incomplete, damaged or soiled by the Customer will not be accepted. The return of the parcel remains under the responsibility of the Customer until it is received in our warehouse. We therefore invite you to use a traceable shipping service or to subscribe to a shipping insurance. We decline all responsibility in case of loss or theft of the package during its return. To initiate the return process, please send your request to contact@shape.paris. If your return is accepted, we will provide you with the address where to return your package. All products returned to us without prior request will not be accepted.

Shape.Paris undertakes to refund the Customer within 30 days or less after receipt of the products by him. The refund will be made via the payment method used at the time of order or by bank transfer to the account of the Customer who placed the order. However, the buyer can renounce to the refund and opt for the exchange of the good. In case of exchange, we invite you to place your order on our Website and to send back the original product so that we can proceed to its refund.

Subject to the right of withdrawal, no return of products will be accepted by Shape.Paris due to a difference in the color of the products. Likewise, no return will be accepted for a difference in color shade between those displayed on the Website and those of the actual products. The right of withdrawal between professionals is applicable only when the three conditions of Article L121-16-1 of the Consumer Code are met.

8. Proof

The Shape.Paris website archives the order forms and invoices for all orders placed online, on a durable media in accordance with Article 1348 of the French Civil Code. These computerized records, kept in the computer systems of Shape.Paris, are considered as proof of communication of orders and payments between the parties. However, in case of fraudulent use of his credit card, the Customer is invited, as soon as this use is noticed, to contact Shape.Paris Customer Service.

9. Transportation Risks

Shape.Paris reminds that it is the Customer's responsibility to inspect his packages upon receipt. If, upon delivery, the external aspect of the package is not perfect, the Customer or the receiver of the products will proceed to open the package in the presence of the carrier in order to check the condition of the products. In case of damage resulting from transport, the Customer will have to refuse the damaged products and indicate "refusal for damage" on the return form. If the deliveryman does not wish to wait for the control of the parcel(s), please stipulate on the delivery note "The driver did not want to wait for the opening of the parcel for control". In the case where such mentions would not have been made on the delivery slip presented to the Customer by the carrier, no claim related to the state of the package(s) could be accepted a posteriori by Shape.Paris. Any claim must be sent by e-mail or registered mail to Shape.Paris within 72 hours to Agencify - 117 avenue Victor Hugo - 92100 Boulogne.

In the absence of precise and motivated observations, the goods are deemed to have been accepted by the Customer and may not be contested with regard to their delivery. Shape.Paris shall not be held responsible for the condition of the products.

Warning : The mention "subject to unpacking or inspection" has no legal value and is not recognized as a precise reserve. Your complaint cannot be taken into account by our services.

10. Product non-conformity

Any complaint must be sent by e-mail or by registered mail with acknowledgement of receipt to the following address Agencify - 117 avenue Victor Hugo - 92100 Boulogne. The Customer will check the conformity of the products received. In case of non-conformity, he will inform Shape.Paris within 3 days. After this period and if this formality is not respected, the items will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by Shape.Paris. If the apparent defect or the lack of conformity of the item is proven, Shape.Paris undertakes to replace the item and if the product is no longer available to reimburse the Customer as soon as possible and at his expense. This refund will be made within a maximum of 30 days. Shape.Paris cannot be held responsible for the misuse and/or intensive use of the items by the Customer.

11. Product Warranty

In all cases, Shape.Paris cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception. The responsibility of Shape.Paris is systematically limited to the value of the product in question, value at the date of sale, without any possibility of recourse against the brand or the company producing the product. The products are guaranteed for a period of at least 2 years as from their delivery against all manufacturing, design or material defects. During the warranty period, Shape.Paris undertakes to exchange the products recognized as defective by its services. The exchanged products benefit from the warranty for the remaining period. The following are excluded from the warranty: :

• Damage to the product resulting from its normal wear and tear with respect to its nature, function, composition and price.
• Slight differences in the products (differences between the products delivered and those represented on the Website may exist. These differences, as long as they do not concern the essential characteristics of the products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery. The perfect representation of the products on the Website cannot be guaranteed, in particular because of the differences in the rendering of colors by Internet browsers and/or display monitors. Shape.Paris cannot be held responsible for the inaccuracy of the photographs appearing on the Website.
• Products that have been used too intensively, in particular for purposes other than private.
• Any defects of the product that may result from improper installation, storage, preservation, or assembly (failure to follow the assembly instructions), failure to maintain, misuse or use not in accordance with the technical specifications or use (failure to follow the maintenance and care instructions), changes or repairs made by the purchaser or a third party, damage caused by external objects, external events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (in the case of discoloration), natural disasters or bad weather.

To apply the warranty, the buyer should contact Shape.Paris Customer Service by email at contact@shape.paris. The presentation of the original invoice will be required to benefit from the guarantee.

Legal warranties: The products are guaranteed against possible defects of conformity and hidden defects under the conditions provided by the provisions of the Consumer Code and the Civil Code.

Extracts from the Consumer Code:

• Art. L. 211-4. - The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
• Art. L. 211-5. - To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
• Art. L. 211-12. - The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Extracts from the Civil Code: "Art. 1641: The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them".

12. Responsabilities

Shape.Paris has an obligation of result for all the stages of order taking as well as for the stages subsequent to the conclusion of the contract. Thus, Shape.Paris undertakes to describe the products sold on the Website as accurately as possible. However, Shape.Paris shall not be liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by the French jurisprudence. Similarly, Shape.Paris shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.. Shape.Paris declines all responsibility for the misuse or abuse of the products ordered by the Customer. The sites linked directly or indirectly to the Shape.Paris Website are not under its control. Consequently, the company assumes no responsibility for the information published on these sites. Links to third party sites are provided for convenience only and do not imply any endorsement of their content.

Shape.Paris cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the marketed products. It is the same for the possible modifications of the products resulting from the manufacturers. The responsibility of Shape.Paris will be, in any case, limited to the amount of the order and could not be called into question for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution in particular with the assistance of: a professional association of the branch, an association of consumers or any other council of its choice. It is reminded that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the appreciation of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the Customer honors its financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose these situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.

13. Legal Notice

The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide this information will result in the non-validation of the order.

14. Reservation of ownership

Shape.Paris retains full ownership of the products sold until full payment of the price in principal, expenses and taxes included (law n° 80-335 of May 12, 1980). During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are the responsibility of the buyer. The non-performance by the buyer of his payment obligations gives the seller the right to demand the immediate return of the goods delivered at the expense and risk of the buyer. All costs for the collection of invoices not paid in full shall be borne by the customer.

15. Intellectual Property Rights

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models appearing on the Website are the exclusive property of Shape.Paris, with the exception of trademarks, logos or content belonging to other partner companies or authors, in particular registered automobile trademarks. Their disclosure shall not be construed as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement. Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever. However, a copy of the documents may be downloaded onto a computer for the Customer's personal, non-commercial use only, provided that the Customer does not modify the information contained therein and that the Customer keeps all copyright and other proprietary notices intact. Modification of these documents or their use for any other purpose constitutes an infringement of Shape.Paris' intellectual property rights.

The Customer who has a personal website and who wishes to place, for personal use, on his website a simple link directly to the home page of the Website, must request authorization from Shape.Paris. This will not in any case be an implicit affiliation agreement. On the other hand, any hypertext link to the Website using the framing or in-line linking technique is strictly prohibited. In any case, any link must be removed upon request from Shape.Paris.

16. Applicable law and competent courts

The present terms of sale are governed by French law. In case of dispute concerning the sale of products and the execution and interpretation of the present conditions of sale, only the courts of Nanterre (92) - France are competent whatever the place of delivery and the method of payment accepted..

Date of last update of the present General terms and conditions: January 2023

17. Disputes

In case of dispute between the professional and the consumer, they will try to find an amicable solution. If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

The referral to the consumer mediator must be made :
either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
or by mail addressed to l’AME CONSO, 11 Place Dauphine – 75001 PARIS.