General terms and conditions of sale
SAS ILYU with a capital of 8840 euros
Head office 5 rue Léon Jouhaux 75010 Paris
E-mail address; email@example.com
RCS de Paris n° Paris 812 512 09
General terms and conditions of sale for products sold on www.shapeheart.com
Date of last update 26 April 2022
Article 1 - Purpose
The present conditions govern the sales by the company SAS ILYU of accessories of smartphone for the sport and the mobility. These products are described and presented. The products offered for sale are described and presented with the greatest possible accuracy. However, SAS ILYU cannot be held responsible for any errors or omissions in this presentation. The photos representing our products are for information purposes only. These photos, as well as the texts illustrating the products, do not enter into the contractual field.
Article 2 - Prices
The prices presented on the website or the online shop are final. They are guaranteed subject to typographical or printing errors.
The prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not concern the company SAS ILYU. They will be at your charge and are your entire responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
SAS ILYU reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of the validation of the order and subject to availability.
The products remain the property of SAS ILYU until the complete payment of the price.
Please note: as soon as you take physical possession of the ordered products, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can place an order:
On the Internet: www.shapeheart.com
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
SAS ILYU reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the website www.shapeheart.com implies acceptance of these General Conditions. Any confirmation of an order implies your full and complete acceptance of these general terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will be considered as proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order will be considered as a signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be sent to you in PDF format via the e-mail address used to confirm your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the price indicated.
Payment for your purchases is made by credit card using the DIRECT LINK Ogone secure system.
The card is only debited when the order is shipped. In the case of split deliveries, only the products shipped are debited.
Article 6 - Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay any penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
You are responsible for the cost of returning the goods.
In the event of exercise of the right of withdrawal, the company SAS ILYU will proceed to the refunding of the sums paid, within 14 days following the notification of your request and via the same means of payment as that used at the time of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
The supply of services which are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalised.
The supply of goods that are likely to deteriorate or expire rapidly.
The supply of goods which have been unsealed by the consumer after shipping and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages, the shipping of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control.
The supply of audio or video recordings or computer software where they have been unsealed by the consumer after shipping.
The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
Transactions concluded at a public auction.
The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
Article 7- Availability
Our products are offered as long as they are visible on the site www.shapeheart.com and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will inform you by mail. Your order will be automatically cancelled and no bank debit will be made.
In addition, the website www.shapeheart.com is not intended to sell its products in large quantities. Consequently, SAS ILYU reserves the right to refuse orders of 10 identical items.
Article 8 - shipping
The products are delivered to the address of shipping indicated during the ordering process, within the period indicated on the order validation page.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the deadline of shipping .
In accordance with the legal provisions, in the event of delay of shipping, you benefit from the possibility of cancelling the order under the conditions and methods defined in article L 138-2 of the Code of Consumption. If in the meantime you receive the product, we will proceed to reimburse you and the delivery costs under the conditions of article L 138-3 of the Consumer Code.
In the case of deliveries by a carrier, SAS ILYU cannot be held responsible for delays in shipping due exclusively to the customer's unavailability after several proposed appointments.
Article 9 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by email within 30 days of shipping.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed on presentation of the receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Responsibility
The products offered are in conformity with the French legislation in force. The responsibility of SAS ILYU cannot be engaged in case of non-respect of the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Furthermore, SAS ILYU cannot be held responsible for damage resulting from improper use of the product purchased. In this respect, it is important to test our magnet systems: you are responsible for the use of the latter and SAS ILYU cannot be held responsible for any damage caused to your equipment as a result of inappropriate use of the product. In the event of a defect, it is essential that you contact firstname.lastname@example.org to arrange an exchange and that you do not use a product that does not provide 100% security for your equipment.
Finally, SAS ILYU cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 11 - Applicable law in case of disputes
The language of this contract is French. The present conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 12 - Intellectual property
All the elements of the site www.shapeaheart.com are and remain the intellectual and exclusive property of the company SAS ILYU. No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, the elements of the site, whether they be software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of SAS ILYU.
Article 13 - Personal data
The company SAS ILYU reserves the right to collect personal information and personal data concerning you. This information is necessary for the management of your order, as well as for the improvement of the services and information that we send you.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have the right to access, rectify and object to personal information and data concerning you, directly on the website.
Article 14 - Archiving Proof
The company SAS ILYU will archive the order forms and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil code.
The computerised registers of the company SAS ILYU will be considered by all parties concerned as proof of the communications, orders, payments and transactions between the parties.
Article 15 - The products [offer]
The products [offer] cannot be purchased alone