These general sale terms and conditions apply without limitations or reservations to any and all online sales So Shape offers on its website www.soshape.com (hereinafter referred to as the “Website”).
So Shape sells dietary food products (hereinafter referred to as: “the Products“) to Buyers (hereinafter referred to as: “the Buyers“), either as a one-off purchase or upon subscription.
The purpose of these General Terms and Conditions is the define the Terms and Conditions of sale and delivery of the Products, as well as to define the parties’ rights and obligations pursuant to the sales contract. They are accessible and can be printed at any time from a direct and permanent link on the Website.
They prevail over any other general or specific terms and conditions, including those governing sales which have not been previously agreed upon by So Shape. They may be completed by sales or use terms and conditions for specific Products or services that carry out these Terms and Conditions and accordingly prevail over the latter should such provisions conflict.
The Products may be purchased from the following countries: [Metropolitan France, Germany, Belgium, Luxembourg, Netherlands, Italy, Greece, Denmark, Finland, Sweden, Ireland, United Kingdom, Bulgaria, Croatia, Czech Republic, Romania, Slovenia, Estonia, Hungary, Latvia, Lithuania, , Spain, Austria, Portugal, Switzerland, Liechtenstein].
2. Seller’s identity and contact details
The Website is published and operated by the So Shape Company, a simplified joint-venture company with share capital of 300,000 euros, registered in the Paris Trade and Company Register under the number 798 038 345, that sells the Products (hereinafter referred to as: “the Company”).
The Company’s contact details are the following:
Telephone: +33 (0)1 76 42 00 56
email address: email@example.com
Postal address: So Shape, 25 rue de Ponthieu (Batiment C), 75008 Paris, France.
3. Agreeing to the general terms and conditions
The Buyer states, prior to placing the order, that he/she has full legal capacity to comply with these General Terms and Conditions.
Agreeing to said Terms and Conditions is depicted by a checkbox to tick on the order form. The Buyer must give its full and unreserved agreement. Should the Buyer agree with any reservation, the said agreement shall be deemed null and void. The Buyer who refuses to comply with these Terms and Conditions must not place an order on the Website.
4. Service availability
The Services offered on So Shape’s Website are, usually, available 24 hours a day, 7 days a week, year-round, unless the services are suspended, either willingly or not, regardless of the reason for said suspension. Reasons for suspension include maintenance. The So Shape Company is bound to render its best efforts to perform its activity and shall therefore not be held liable for any physical, material or immaterial damages that may result from the unavailability of the website(s).
5. Product characteristics
Before placing an order, the Buyer is strongly advised to read the dietary information, instructions and contraindications set forth on the Website for each Product the Buyer wishes to order. The Company cannot be held liable and shall not refund any Product in case of allergies to any of the ingredients displayed on the Website.
Labels and advertisements for all the Products sold comply with the laws and regulations applicable on the French territory and with EU legislation.
Beware: Meal substitute Products are meant to replace meals for a diet that is limited in time. They do not in themselves guarantee a balanced diet.
Balance can only be obtained through physical exercise and a varied and balanced food intake.
Consumers of the Products should drink adequate quantities of water daily.
The company recommends the Buyer strictly follow the advice regarding the use as well as the contraindications and precautions for use for the Products as displayed on the Website.
The Company recommends the Buyer not exclude other foodstuff while consuming the Products nor consume the latter for more than 3 months without seeking medical advice.
Replacing two low-carb meals a day with meal substitutes will help the Buyer lose weight.
Replacing one low-carb meal a day with meal substitutes will help the Buyer stabilize after weight loss.
The third meal of the day should be eaten under normal circumstances with ordinary foodstuff. Do not overeat and, if possible, keep the sugar and fat intake at a minimum.
Products on sale are subject to availability.
The photographs, representations and descriptions of the Products on our Website are as accurate as possible. The Company shall not be held liable for any information not specifically set forth.
6.1 Placing an order
To place an order, the Buyer must select the Products he/she has chosen and add them to the basket.
The Buyer can access the shopping list at any time until the order is confirmed and may correct any possible mistake on the list of items.
To order, the Buyer is asked to provide his/her contact details for deliveries and invoices. The Buyer must provide any information marked as compulsory on the order form. Any order for which any compulsory information is missing cannot be confirmed.
The Buyer warrants that all the information provided in the order form is true, accurate, up-to-date and is in no way misleading.
The Buyer is duly informed and accepts that said information constitutes proof of identity and is binding upon the confirmation of the order.
6.2 Creating an account
Upon completing the order, the Buyer is offered the possibility to create an account using a third-party account or by using a password (hereinafter referred to as: the “Account“), which enables the Buyer to have access to a pre-filled form with the information the Buyer has provided previously, to be used for the following orders placed on the Website.
The Buyer shall update said information should the latter change (e.g. change of address).
The Buyer is liable for the confidentiality of his/her password. If the Buyer notices that his/her Account has been used without his/her consent, the Buyer must contact the company immediately using the contact information provided in article 2 herein. In such an event, the Buyer acknowledges that the Company is entitled to take any necessary measure.
When you register for any section of the Website, these General Terms and Conditions apply. Upon registering the Buyer must provide truthful and accurate information and confirm that the he/she is over 18 years of age. The Buyer shall not disclose the ID number and the password that were assigned to him/her. The Company is entitled to presume that the Buyer is the user of the username and password.
The So Shape Company is entitled to close down user accounts should the user make use of proxy servers (‘Internet Protocol addresses') in order to conceal the use of several accounts or disrupt, in any way whatsoever, any of our services. Should the Buyer use several user accounts in order to disrupt the So Shape Community, measures will be carried out on one or all of the Buyer’s user accounts.
Should the Buyer access the Website or any Service thereof using a single sign-on method (e.g. Facebook connect) from a public computer (e.g. in a university or a public library) and not sign off, another person who later uses this computer may access the Buyer’s account. The Buyer is strongly advised to disconnect from the Website once he/she is no longer using the public computer.
When the Buyer accesses this Website using a mobile device (e.g. a telephone or a tablet) using a browser or an application, according to the settings that the Buyer has chosen, the latter may stay logged in on the device. This means that anyone who may have access to the Buyer’s device may also access the Buyer’s So Shape account. The Buyer must protect his/her device with a password, and should the device be stolen or lost, the Buyer should use the procedures to remotely erase the personal data from the device and change the password on his/her So Shape account.
6.3 Order confirmation
Upon completing the order, the Buyer receives an order confirmation email.
The Buyer must make sure that the contact details provided upon placing the order or updating the Account are accurate and that they allow the Buyer to receive the confirmation email for that order. Should the Buyer not receive the confirmation email, the latter should contact the Company using the contact information provided in article 2 herein.
The Buyer is strongly advised to keep the information provided in the order confirmation.
The order and its conformation are deemed to have been received as soon as the parties to whom they are addressed have access to them.
7. Price and terms of payment
7.1 Discounts codes
The So Shape Company may offer promotional discount codes that apply to all or specific Products on So Shape’s Internet Website at any time, according to the terms and conditions the Company sets forth.
The Company shall not be bound by any promotional discount codes found on sites other than So Shape’s www.soshape.com.
A discount code cannot be used once the order is placed.
The Buyer cannot use the discount code past its use-by date.
If a discount code that is displayed on the So Shape Website does not work properly due to fraud, forgery, technical issues or any other event beyond our control and furthermore negatively affects either the use, administration, security or the intelligibility of the discount code, So Shape is entitled to cancel, modify or suspend the code.
Discount codes are non-transferable and cannot be exchanged for money. If a prospective client receives a discount code, then only he/she can use said code on his/her So Shape account for which the code was issued.
The code must not be disclosed and must only be used for the prospective client’s own orders on the Website. The Buyer must not directly disclose the code nor allow third party to have access to it (e.g. posting it on social media or on a forum).
If, upon paying for the order or with hindsight, there is evidence that discount codes have been used unlawfully, irrespective of their use (e.g. the code was sold to a third party), we are entitled to cancel the discount code and/or suspend or close down the So Shape account in question, without prior notice.
Prices for online orders are displayed on the Website.
They are given in euros, and include tax (French VAT and other applicable taxes).
They do not include the potential additional delivery fees which will be added to the price of the purchased Products, according to article 7.3 herein. The applicable delivery fees for the order will be displayed before the Buyer confirms the order.
Invoices for Products shipped outside of the European Union will not include VAT.
Beware: In addition to what the Buyer located outside of the European Union has paid the Company, he/she may have to pay custom duties and local tax upon receiving the parcel. The Company cannot determine the costs of said duties and taxes and therefore cannot inform the Buyer prior to the order. The Buyer shall bear these costs and shall be solely responsible for carrying out the declarations and/or formalities that may be required for such deliveries.
The price that applies to the order is the one displayed on the Website upon placing the Buyer’s order.
7.3 Terms of payment
The Buyer shall pay the whole price of the Products and shipping fees upon placing the order. Payment may be made online by:
- credit or debit card,
- or any other means allowed on the Website at the time the order is placed.
The Buyer guarantees that he/she has the necessary permissions to use the chosen means of payment.
The Company is entitled to suspend or cancel any order and/or delivery if the Buyer fails to pay any outstanding amount, if there is an incident upon paying or in the event of fraud or an attempt thereof.
Penalties that amount to one and a half (1.5) times the official French legal interest rate apply as of right to the outstanding amount immediately after the refusal of the bank payment was notified.
8. Retention of title
The Company remains sole owner of any Product sold until the price has been paid.
9. Order preparation
The order preparation will be made within 48 working hours.
Products purchased on the soshape.com Website are only delivered to metropolitan France, Corsica, Belgium, Germany, Ireland, Italy, Luxembourg, Portugal, Spain, Norway, Sweden and the United Arab Emirates (unless otherwise mentioned upon Purchase). For logistical reasons, the So Shape Company cannot offer its services to customers located in French overseas territories.
10.1 Products will be delivered to the address the Buyer provided upon ordering as the “delivery address” (which may differ from the billing address).
Invoices in due form are provided upon delivery.
The Buyer must provide some compulsory and necessary information to carry out the transaction:
the Buyer’s first and last name and, if applicable, the first and last name of the recipient of the delivery, if he/she is not the Buyer;
the full and accurate delivery address should be given in order for the order to be effectively delivered; as well as the billing address should it differ from the delivery address,
a phone number to contact the Buyer if necessary (compulsory, particularly, for deliveries outside the French territory).
The order will be delivered by a carrier approved by So Shape.
The shipping costs reflect the Buyer’s share of the costs borne by So Shape (including shipping, insurance) for the shipment of the Products to the Buyer. They are set as a flat fee according to the value of the ordered Products and are displayed upon ordering, according to the country of delivery.
Shipping fees may be subject to change according to the costs billed by the carrier and will be displayed upon ordering. The applicable shipping fees are those indicated upon placing the order.
10.2 Various shipping options are available, according to the type of Products, their size and their weight.
Upon ordering, the Buyer is given the shipping options available for the Product(s) he/she has ordered as well as the additional costs that may apply to each option.
The Buyer must select the shipping option of his/her choice and provide all the necessary information for the Product to be effectively delivered using the chosen option.
10.3 A time limit for the delivery is given to the Buyer in the confirmation email (the Products are usually delivered within 15 (fifteen) working days after the order is placed, unless otherwise indicated in the confirmation email).
Should the Products be delivered later than 15 (fifteen) days after the delivery date defined in the order confirmation email, unless justified by force majeure, and furthermore if the Buyer has not received the Products, the latter may revoke his/her order by sending a registered letter with an acknowledgement of receipt sent to the address provided in article 2 herein and will be reimbursed in full within 30 (thirty) days notwithstanding of any other compensation.
In order to be fully reimbursed for any returns, the Buyer must send back the undamaged Products in their unopened initial packaging to the Company.
Please note that deliveries may be subject to postal delays or other events beyond the So Shape Company’s control. For further information about shipping, please read our “Shipping” section.
10.4 The Buyer is duly informed as soon as possible should the ordered Product be unavailable. The Buyer may then be fully reimbursed in full within 30 (thirty) days to the exclusion of any other indemnification.
11. Order verification and receipt
The Buyer is liable for the proper reception of the Products. So Shape products are delivered at the address provided by the Buyer. All parcels shipped by the Company are handed over upon signature.
The Buyer must check (or have a proxy who receives the products on the Buyer’s behalf check) the actual material condition of the packaging of the products upon receipt, before signing the delivery order provided by the carrier.
Should there be any physical anomaly (damage, missing product, damaged parcel, broken products, etc.), the Buyer or his/her proxy must imperatively provide detailed information in the delivery order: the number of damaged and/or missing parcels and/or products and the detailed description of the potential damage (open or torn packaging, damaged or missing product). The Buyer is required to keep the items as they were delivered to him/her (i.e. with all their accessories, other items received with the products, as delivered).
12. Right of withdrawal
Pursuant to L. 121-21 or the French Consumer Code, the Buyer may withdraw within 14 (fourteen) clear days from the day the ordered Products were received without having to provide any justification or pay any penalties other than the return fees.
To avail him-/herself of this right, the Buyer must notify the Company of his/her intent to withdraw:
By drafting a statement expressing, unambiguously, his/her intent to withdraw and to send the statement either:
by email at firstname.lastname@example.org or,
by post to the following address: EPILOG - 46 Rue Constantin Pecqueur - 95150 Taverny - France enclosing the following withdrawal form duly completed and signed:
For the attention of So Shape
46 Rue Constantin Pecqueur
With this letter, I/we (*) notify you (*) of my/our (*) withdrawal from the sales agreement for the following product (*):
Ordered on (*)/received on(*):
Customer’s/Customers’ signature (only for the paper notification form):
(*) Delete as appropriate
(**) The order number appears on the order conformation email and your account by clicking on “My orders” tab.
The So Shape Company requests that the Buyer gets proof of shipping for every parcel the latter sends to the Company and sends the parcel by registered post with an acknowledgement of receipt or by post with a declaration of its value. So Shape shall not be held liable for any loss or damage incurred during shipping.
The So Shape Company duly informs the Buyer that he/she must take special care of the products. Returned products are checked and, in any event, must be returned with all their items (i.e. any and all accessories in their original condition).
If the Buyer has not taken care of the product when said product was in his/her possession or upon returning it, So Shape is entitled to refuse the returned product.
The Products must imperatively be returned in their original packaging with all of their accessories. The packaging should not have been opened and the packaging, as well as the items, must show no sign of previous use. They must be returned with a copy of the relevant invoice.
The Buyer will be reimbursed as soon as possible and no later than 30 (thirty) days after the day the Products were delivered. The full amount of the price paid for the order will be reimbursed after deduction of the return fees and used products.
The terms of withdrawal can only apply to the entirety of the challenge or that of the box set.
As labels clearly state the presence or absence of allergens, the Company shall not be held liable for the Buyer’s mistake on potential intolerances or allergies. Intolerances or allergies shall therefore not constitute grounds for any reimbursement after expiration of the legal right of withdrawal.
No order may be canceled outside of the terms set forth in the right of withdrawal as defined herein.
13. Legal warranties
The Buyer is protected by the law against non-compliance and latent defects of the products sold.
Pursuant to article L.217-15 of the French Consumer Code, the following articles are copied entirely:
Article L.217-4 of the French Consumer Code:
"The seller supplies goods that comply with the contract and is liable for the defects that exist upon provision of the goods.
It is also responsible for any defects that may arise from the packaging as well as the assembly or installation instructions if the seller performs such actions or is responsible therein, pursuant to the agreement.”
Article L.217-5 of the French Consumer Code:
"In order to comply with the agreement, goods must:
1° Be suitable for the purpose usually associated with such goods and, where applicable:
- match the description given by the seller and have the qualities that the latter presented to the buyer as samples or models;
- have the qualities a buyer can legitimately expect given the buyer’s, manufacturer’s or its agent’s public statements, particularly in on its labels and advertising materials;
2° Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use the buyer requires, that were brought to the seller’s attention and which it has duly accepted.”
Article L.217-12 of the French Consumer Code:
"Legal proceedings resulting from lack of conformity are subject to a statute of limitation of two years from the date on which the goods are supplied.
Article L.217-16 of the French Consumer Code:
"When, within the course of the commercial warranty granted to the buyer during the acquisition or repair of personal property, the buyer requests that the seller carries out repairs as covered under the warranty, the warranty is extended for the duration of the repairs if the personal property is unavailable for more than seven days.
This period runs from the moment the buyer requests intervention or from the provision for repair of the item in question, if said provision comes after the request for intervention.”
Article 1641 of the French Civil Code:
"The seller shall be liable for the hidden defects of the goods sold if said defects render the goods unfit to be used as they were intended or that limit said use to such extent that, had the buyer been aware of the defects, the latter would not have purchased it, or would have paid a lower price.”
Article 1648 (1) of the French Civil Code:
"Should latent defects render a sales contract void, the buyer must initiate legal proceedings within two years of discovering the defect.”
Similarly, and pursuant to article 3 of the December 18th, 2014 decree regarding the information provided in legal warranties in General Sales Terms and Conditions, the Buyer must be made aware of the following provisions:
The Buyer can initiate legal proceedings for a period of two years following the delivery of the goods;
The Buyer may choose to have the goods repaired or replaced, unless the costs of said actions are disproportionate, pursuant to article L. 211-9of the French Consumer Code;
The Buyer is not required to prove that the goods do not comply before six months after the goods are supplied. This time limit is extended to twenty-four months from March 18th, 2016, except for second-hand goods.
The legal warranty applies independently from the potential commercial warranty granted by the seller.
The Buyer may decide to claim the warranty against latent defects in the products sold, as defined in article 1641of the French Civil Code. In this case, the Buyer may choose between rescinding the sale or reducing the selling price, in compliance with article 1644 of the French Civil Code.
Should the Buyer discover a defect in the Product delivered, if it does not comply or is damaged, the Buyer must inform the Company using the contact information provided in article 2 herein, stating the nature of said defect, non-compliance or damage.
The Company shall decide with the carrier upon the method to return the Product and will duly inform the Buyer of said decision in any way it finds adequate. The Company shall bear the costs of the return.
The Products must imperatively be returned to the Company in their original packaging along with all their accessories. They must be sent along with a copy of the relevant invoice.
The returned Products that do not comply with the terms herein cannot be processed.
The Company will proceed to the necessary verifications and will suggest possible repairs or replacements to the Buyer.
Should repairs or replacements be impossible, the Company will offer to fully reimburse the Buyer for the price paid for the Product and the delivery costs. The Buyer will be reimbursed as soon as possible and no later than 15 (fifteen) days after the Company has notified that repairing or replacing the Products is impossible.
14.1 The Company undertakes to regularly monitor the performance and availability of the Website. Accordingly, the Company is entitled to momentarily suspend the Website for maintenance purposes. Similarly, the Company shall not be held liable in the event that access to the Website becomes temporarily difficult or impossible due to any reason beyond the Company’s control, force majeure or any disruptions on the telecommunication network.
Any user is solely responsible for his/her connection to the Website. The Buyer must take all necessary precautions to protect his/her personal data and/or software stored on his/her electronic devices from any threat.
14.2 On its Website, the Company displays the products on sale and a detailed description of their specifications in compliance with article L.111-1 of the French Consumer Code, which provides the right for prospective customers to know the main characteristics of the products he/she wishes to buy prior to ordering the products.
Each product is displayed with a description so that the Client may be informed of the composition of the delivered Products. However, the illustrations are only given as an indication.
Furthermore, indications regarding the weight of the ingredients, which can sometimes be displayed on the Website, are also given as an indication.
The Company shall not be held liable for any erroneous, inaccurate or missing information regarding the products sold on the Website.
14.3 Some product information and specifications are provided by the Company’s suppliers for the products the latter uses.
The Company shall not, in any event, be held liable for the mistakes in the data provided by the suppliers.
The Company shall not be held liable for any degradation of the hygiene conditions caused by the suppliers.
14.4 The Company does not guarantee that the Products suit the Buyer’s needs or expectations, particularly with regards to the Buyer’s tastes or constraints
14.5 The Company does not warrant that using the Products will have specific results or effects.
14.6 The Company shall not be held liable for any delays or failure to perform the agreement in the event of force majeure, of disruptions or strikes – regardless the extent of the strikes – particularly in postal services, carriers or communication services.
In any event, the Company’s liability pursuant to these Terms and Conditions is strictly limited to the actual direct damages the Buyer has incurred.
15. Intellectual property
The Products as well as the systems, software programs, structures, databases and content of any kind (texts, images, visual materials, music, logos, brand, databases, etc.) the Company uses as part of its Website are protected by all intellectual property provisions or rights applicable to database producers. Disassembling, decompiling, decryption, extractions, re-use, copies and, more broadly, any reproduction, representation, broadcasting and use of any of said items, as a whole or parts thereof, without the Company’s permission are strictly prohibited and may be grounds for legal proceedings.
16. Communication between the client and So Shape
Upon becoming a user of the Website, the Buyer acknowledges that any exchange between him/her and So Shape are mainly carried out electronically (by email), except for specific cases set forth herein or required by law. For instance, upon registering to the www.soshape.com website, the Buyer expressly accepts to receive So Shape’s newsletter.
The Buyer may unsubscribe from the newsletter at any time by contacting our customer service by email at: email@example.com
The Buyer expressly accepts that he/she will receive the invoices by email.
Pursuant to this agreement, the Buyer acknowledges that the information, notifications and agreements comply rigorously with the applicable laws and regulations.
The parties agree that the means of communication chosen may be used as evidence as defined in article 1316-2 of the French Civil Code.
17. Prohibited behavior
17.1 Are strictly prohibited : (i) any behavior that may obstruct, suspend, slow down or prevent the Website from performing properly, (ii) any intrusion or attempt thereof into the Company’s systems, (iii) any misappropriation of the Website system resources, (iv) any action that may require a disproportionate load for the system infrastructure, (v) any violation of the security and authentication measures, (vi) any action that may negatively affect the Company’s or the Website users’ financial, commercial or moral rights, (vii) any action to misappropriate the Website for any purpose other than those for which the latter was designed and finally, more broadly, (viii) any breach of these Terms and Conditions or of the applicable laws and regulations.
17.2 Similarly, it is strictly forbidden to make money from, sell or assign access to any section or the entirety of the Website, as well as to the information the Website contains.
17.3 Should any provision of these Terms and Conditions or the laws and regulations be breached, the Company is entitled to take all adequate measures and introduce legal proceedings.
It is strictly forbidden to misuse this Website. Notwithstanding this list is non-exhaustive: committing or encouraging a criminal offence; transmitting or disseminating a virus, a Trojan horse, a worm a logic bomb, or any other malware that is technologically dangerous, unlawful, offensive or obscene in any way; hacking a section or the entirety of the Services ; corrupting data; bothering other users; infringing upon third parties’ right of ownership; sending unsolicited advertising or promotional material (“spamming”) or attempting to damage the functions or functionalities of the computer system is strictly forbidden. A breach of this provision may constitute a criminal offence. The So Shape Company shall be entitled to warn the authorities of any breach of the law and disclose the perpetrators’ identity.
The Company shall not be held responsible for the loss or damage caused by a DDOS attack (“distributed denial of service attack”), a virus or any other malware that may contaminate the User’s computer system, data or other devices, and that would be related to the use of this Website or to downloading any item accessible on this Website or a Linked Website.
18. Personal data
It is the Company’s policy to protect personal data as set forth in the document entitled “Charter on the protection of personal data” that users can access on the “Confidentiality” page of the Website. The Buyer is strongly advised to read through the document.
The Company is entitled to embed any advertising or promotional message on the Website and only the Company shall decide on the conditions and aspect thereof.
20. Links and third-party websites
In no event shall the Company be held liable for the technical availability of third-party websites or applications (including that of partners’) the Buyer may access from the Website.
Furthermore, the Company shall not be held liable for the transactions between the Buyer and an advertiser, whether it be a professional advertiser or a business (including any potential partner) the Buyer may be led to via the Website and shall not, in any event, be party to any dispute with said third party regarding, for instance, the delivery of products and/or services, warranties, statements or any of the third party’s obligations.
The Company shall be entitled to amend these General Sales Terms and Conditions at any time. Should any changes be made, the applicable terms and conditions will be those on the date the Buyer confirms his/her order.
Should these Terms and Conditions be translated in any other language(s), the French version has precedence over any translated version should there be any differences or disputes over the vocabulary or provisions.
23. Governing law and jurisdiction
These Terms and Conditions are governed by French law.
The parties agree that any dispute over the validity, interpretation and/or breach of these Terms and Conditions are to be submitted to the exclusive jurisdiction of the courts of Paris, unless mandatory procedural rules provide otherwise.
24. Entry into force
These Terms and Conditions enter into force on 05/08/2017.