Terms of service
English translation of the French general terms and conditions of sale of So Shape. In case of any difference, the French version prevails (see article 23).
1. Purpose
These general terms and conditions of sale apply, without restriction or reservation, to all online sales offered by So Shape on the website eu.soshape.com (hereinafter the "Website").
So Shape sells dietary food products (hereinafter the "Products") to buyers (hereinafter the "Buyers") as one-off purchases.
The purpose of these general terms and conditions is to set out the terms and conditions of the sale and delivery of the Products, and the rights and obligations of the parties in this context. They can be accessed and printed at any time through a direct and permanent link on the Website.
They prevail over any other general or specific terms and conditions, in particular purchase conditions, that So Shape has not expressly accepted. Where applicable, they may be supplemented by specific terms of sale or use for certain Products or services, which supplement these general terms and conditions and prevail over them in case of contradiction.
The Products are offered for sale to the following countries: Metropolitan France, Corsica, Monaco, Belgium, Luxembourg, Netherlands, Germany, Austria, Switzerland, Liechtenstein, Italy, Spain, Portugal, Ireland, Denmark, Sweden, Finland, Greece, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Croatia, Romania, Bulgaria, Estonia, Latvia and Lithuania.
2. Seller's identity and contact details
The Website is published and operated by So Shape, a French simplified joint-stock company (Société par Actions Simplifiée) with a share capital of 300,000 euros, registered with the Paris Trade and Companies Register under number 798 038 345, which offers the Products for sale (hereinafter the "Company").
The Company can be contacted as follows:
Telephone: +33 1 76 42 00 56
Email: hello@soshape.com
Postal address: 25 rue de Ponthieu, 75008 Paris, France
3. Acceptance of the general terms and conditions
Before placing an order, the Buyer declares that they have full legal capacity to commit under these General Terms and Conditions.
Acceptance of these terms is given by validating the basket and clicking the confirmation button, as stated below the button: "By continuing, you accept our Terms of sale and Privacy policy". Any acceptance with reservations is considered null and void. A Buyer who does not accept to be bound by these general terms and conditions must not place an order on the Website.
4. Availability of the services
The services of the So Shape website are normally available to the customer 24 hours a day, 7 days a week, all year round, except in case of interruption, voluntary or not, whatever the cause, in particular for maintenance. As its activity is subject to an obligation of means, So Shape cannot be held liable for any physical, material or moral damage caused by the unavailability of the website(s).
5. Product characteristics
Before placing any order, the Company recommends that the Buyer reads, on the Website, the nutritional information, the instructions for use and the contraindications of each Product they wish to order. The Company is not liable for, and cannot refund, a Product in case of an allergy to any of the ingredients displayed on the Website.
The labelling and advertising of all the Products sold comply with the standards in force in France and with European Union legislation.
Warning: meal replacement Products are designed to replace meals for a limited period of time, but they are not enough on their own to make up a balanced diet.
Only regular physical activity and a varied and balanced diet lead to a good balance.
While using the Products, it is important to drink enough water every day.
The Company recommends that the Buyer strictly follows the advice for use, the precautions for use and the contraindications of the Products shown on the Website.
The Company recommends that the Buyer does not consume the Products exclusively, nor for more than 3 months, without medical advice.
Substituting two of the main daily meals of an energy-restricted diet with meal replacements contributes to weight loss.
Substituting one of the main daily meals of an energy-restricted diet with a meal replacement contributes to the maintenance of weight after weight loss.
The third meal of the day should be eaten in normal conditions with regular food, without excess and, if possible, with reduced fat or sugar.
The Products are offered for sale while stocks last.
The photographs, representations and descriptions of the Products on the Website are as accurate as possible. They only commit the Company to what is precisely stated.
6. Orders
6.1 Placing an order
To place an order, the Buyer must select the Products of their choice and add them to their basket.
The Buyer can view the summary of their basket at any time until the order is finally confirmed, and can correct any errors in the information entered.
When ordering, the Buyer is asked to provide their contact details for delivery and invoicing. They must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be confirmed.
The Buyer guarantees that all the information they give in the order form is accurate, up to date and sincere, and is in no way misleading.
The Buyer is informed and accepts that this information serves as proof of their identity and commits them as soon as it is confirmed.
6.2 Creating an account
At the end of their order, the Buyer is offered the option to create an account through a third-party account or by choosing a password (hereinafter the "Account"). The Account gives the Buyer access, for later orders on the Website, to an order form pre-filled with the contact details they have provided.
The Buyer undertakes to update this information if it changes (in particular in case of a change of address).
The Buyer is responsible for keeping their password confidential. They must contact the Company immediately, using the contact details in article 2, if they notice that their Account has been used without their knowledge. They acknowledge the Company's right to take any appropriate measures in such a case.
When you register for any part of the Website, these Terms of Sale apply. When registering, the Buyer must provide true and accurate information and confirm that they are over 18 years old. They must keep confidential the username and password assigned to them, and the Company is entitled to assume that the Buyer is the person using that username and password.
So Shape reserves the right to close user accounts if a user uses proxy servers (Internet Protocol addresses) in order to hide the use of multiple accounts, or disrupts any of our services in any way. If the Buyer uses several user accounts in order to disrupt the So Shape Community, measures may be taken against one or all of their user accounts.
If the Buyer accesses any part of this Website, or any Service that uses single sign-on (for example Facebook Connect), from a public computer (for example at a university or public library) and does not log out, another person using that computer afterwards may be able to access the Buyer's account. The Company advises the Buyer to make sure they are logged out of all services when they have finished using a public computer.
When the Buyer accesses this Website from a mobile device (for example a phone or tablet) through a web browser or an application, depending on their settings, they may stay logged in on that device. This means that anyone who accesses their device could access their So Shape account. The Buyer must protect their device with a password and, if the device is lost or stolen, use remote wiping procedures (if available) to delete all their personal data from the device, and change the password of their So Shape account.
6.3 Order confirmation
At the end of their order, the Buyer receives an order confirmation by email.
The Buyer must make sure that the contact details provided when ordering or updating their Account are correct and allow them to receive the order confirmation email. If they do not receive it, the Buyer must contact the Company using the contact details in article 2.
The Company recommends that the Buyer keeps the information contained in the order confirmation.
The order and its confirmation are deemed received when the parties to whom they are addressed are able to access them.
6.4 Subscription service
So Shape offers a subscription service when purchasing certain products available on its website. When the Buyer subscribes to this service, they receive their order at a regular frequency, for the duration chosen when subscribing.
The Buyer can manage their subscription from their customer account and can, in particular, pause it freely, at any time and without notice.
By subscribing, the Buyer expressly acknowledges and accepts that So Shape automatically and repeatedly charges the amount equal to the current price of the products chosen when subscribing, plus applicable taxes and shipping costs, using the payment method chosen by the Buyer, for as long as the subscription remains active.
So Shape does not keep any of the Buyer's credit card details or other payment information.
The Buyer is fully responsible for paying the costs arising from their subscription.
7. Prices and payment terms
7.1 Discount codes
Promotional discount codes that apply to all or some specific purchases made on the So Shape website may be offered at any time, under the conditions set by So Shape.
The Company accepts no liability for promotional codes found on websites other than the So Shape website.
A discount code cannot be used after the order has been placed.
If a promotional code has expired, the Buyer cannot use it.
If a promotional code offered on the So Shape website does not work properly because of fraud, forgery, a technical error or anything else beyond our control that affects the operation, administration, security or clarity of the promotional code, So Shape reserves the right to cancel, change or suspend it.
Promotional codes are non-transferable and cannot be exchanged for cash. If a prospect receives a promotional code, it can only be used by them, on their So Shape account, for the purposes for which it was given.
The code must be kept confidential and used only for the prospect's own orders on this Website. The Buyer must not share it directly with third parties or make it available to others (for example by posting it on social media or on a forum).
If, at the time of paying for an order or afterwards, it is established that promotional codes have been misused in any way (for example by selling them to others), we reserve the right to cancel the promotional code and/or suspend or close the So Shape account concerned without prior notice.
7.2 Prices
For online orders, the selling prices of the Products are shown on the Website.
They are shown in euros, including French taxes (French VAT and other applicable taxes).
They do not include any delivery costs applicable to shipped Products, which are charged in addition to the price of the Products purchased, as set out in article 7.3. The amount of the applicable delivery costs is shown before the Buyer confirms the order.
Warning: outside the European Union, customs duties or local taxes may be payable and may be charged to the Buyer when the parcel is received, in addition to the price paid to the Company. These duties and taxes, whose exact amount the Company cannot determine in advance and therefore cannot tell the Buyer before the order, remain payable by the Buyer, who is solely responsible for completing any related declarations and/or formalities.
The applicable price is the one shown on the Website when the Buyer's order is recorded.
7.3 Payment terms
The full price of the Products and the applicable delivery costs are payable when ordering. Payment can be made online:
- by bank card,
- by Bancontact (for Belgium),
- by PayPal,
- or by any other means offered on the Website at the time of the order.
The Buyer guarantees to the Company that they have the necessary authorisations to use the chosen payment method.
The Company reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the Buyer, in case of a payment incident, or in case of fraud or attempted fraud.
Penalties equal to one and a half (1.5) times the French legal interest rate apply automatically to unpaid amounts from the notification of the rejection of the bank payment.
8. Retention of title
The Company retains full ownership of the Products sold until the price has been paid in full.
9. Order preparation
We prepare orders as quickly as possible so that they are shipped quickly. Orders are generally prepared within 24 to 48 hours. However, we may fall slightly behind when there is a very high volume of orders (during a promotional period, for example).
10. Delivery
The Products are offered for sale to the countries listed in article 1. For logistical reasons, So Shape is not able to offer its service in the French overseas departments and territories.
10.1 Contact details
The Products are delivered to the address given as the "delivery address" when the Buyer orders (which may be different from the billing address).
Deliveries come with a proper invoice.
If the Buyer is absent, the carrier reserves the right to leave the parcel at the post office or pick-up point nearest to the home, or with a neighbour against signature.
The Buyer must provide some mandatory information that is essential to complete the transaction:
- their first name and surname and, where applicable, the first name and surname of the person to be delivered if different;
- the delivery address, which must be complete and detailed in order to allow and make the delivery of orders easier, and the billing address if it is different from the delivery address;
- a telephone number to contact them if needed (mandatory in particular for deliveries outside France).
Delivery is made by a carrier approved by So Shape.
Shipping costs are the Buyer's contribution to the costs incurred by So Shape (shipping, insurance or other costs) to send the product to the Buyer. They are set as a flat fee based on the value of the products ordered and are shown when ordering for the different countries to which orders can be delivered.
Shipping costs may change according to the rates applied by the carrier and will be shown when ordering. The shipping costs that apply to the order are those specified when the order is placed.
10.2 Delivery methods
Different delivery methods may be available, depending on the categories of Products, their size and their weight.
When ordering, the Buyer is informed of the delivery methods available for the Product(s) ordered and of any costs for each of these methods.
The Buyer must select the desired delivery method and give all the information needed for the Product to be delivered using that method.
10.3 Delivery time
A delivery deadline is given to the Buyer in their order confirmation email (delivery normally takes place within 15 (fifteen) working days of the order, unless otherwise stated in the confirmation email).
In case of a delay of more than 15 (fifteen) days compared with the delivery date announced in the order confirmation email, not justified by force majeure, and if the Products have not been received, the Buyer may cancel their order by registered letter with acknowledgement of receipt sent to the address in article 2, and obtain a full refund of the amounts paid within 14 (fourteen) days, to the exclusion of any other compensation.
Please note that delivery may be subject to postal delays or other events beyond So Shape's control. For more information about the shipping of our Products, please see our Shipping policy.
10.4 Returned parcels
The parcel may be returned to the sender in case of an address error, if the holding period at the pick-up point has passed, or if it is refused.
In this case, a re-shipping fee of 14.99 euros will be charged to the customer.
Once this fee has been paid, the Buyer may ask for their order to be shipped again or refunded (excluding shipping costs).
If the parcel is not claimed within 30 days of the date on which your order was available for delivery, we will consider that you wish to end the Contract and it will be terminated.
As a result of the termination of the Contract, we will refund all amounts paid (except for the direct return costs, which will be deducted from the refund) within 14 days of the date on which the Contract is considered terminated.
The parcel may be returned to the sender if it is damaged in transit. In this case, a claim will be opened with the carrier and a new parcel will be sent as compensation.
We may delay the refund until we have received the goods or until you have provided proof of shipping of the goods, whichever comes first.
10.5 Out of stock after ordering
The Buyer is informed as soon as possible if the Product ordered is unavailable. They may then obtain a full refund of the amounts paid within 14 (fourteen) days, to the exclusion of any other compensation.
11. Receipt and checking of the order
11.1 Receipt and checking
The Buyer is responsible for properly receiving their products. So Shape products are delivered to the delivery address provided by the Buyer. All parcels shipped by the Company are delivered against signature. Please note: if you choose to change the delivery terms so that the parcel is left in the letterbox or in a safe place rather than against your signature, So Shape will no longer be able to insure your parcel in case of loss or theft.
The Buyer must check (or have the agent receiving the products in their name and on their behalf check) the visible condition of the packaging of the products on receipt, before signing the delivery note given by the carrier.
If there is a visible anomaly (damage, missing product, damaged parcel, broken products, etc.), the Buyer or the agent must, without fail and as soon as possible, write precise reservations on the delivery note: the number of missing and/or damaged parcels and/or products, and a detailed description of any damage (open or torn packaging, damaged or missing product). The Buyer must keep the items in the condition in which they were delivered (that is, with all their accessories and the other parts received with the products, in their original condition).
11.2 Disputed delivery
If you dispute the delivery of a parcel shown as delivered, we will ask you to open a claim with the carrier and to let us know.
We will also open an investigation.
A period of 15 days will apply from the opening of the claim, during which the carrier will inform us of the outcome of the investigation.
If the carrier accepts the claim, we may either refund the order or send it again.
If the carrier rejects the claim, we will ask you to go to a police station to file a complaint.
In any event, in case of proven non-delivery at the end of the agreed period or, failing that, no later than thirty (30) days after the conclusion of the contract, you may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if you have first asked for delivery to be made and we have not done so within a reasonable time. You may terminate the contract if we refuse to deliver the Products, or if the Products are not delivered within the agreed time and that date was an essential condition of the contract for you, a condition which must have been specified in writing and accepted by us at the time of the order.
12. Right of withdrawal
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to the following purchases:
- the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection (for example, opened sachets even if resealable, soiled accessories);
- the supply of goods that cannot be separated from other items (for example, a shaker or silicone bowl used to prepare the products).
In accordance with article L. 221-18 of the French Consumer Code, the Buyer has fourteen (14) clear days from the date of receipt of the Products ordered to withdraw, without having to give reasons or pay penalties, except for the direct return costs.
The Buyer will be refunded as soon as possible and no later than fourteen (14) days after the date of receipt of the returned Products, for all amounts paid for their order, minus the direct return costs (14.99 euros).
The product(s) are returned at the Buyer's expense, in their original condition and with all items complete (accessories, instructions, etc.), to the address given by customer service. The product(s) must be in perfect condition for resale. In application of article L.221-23 of the French Consumer Code, "the consumer's liability can only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods".
In other words, any product that is incomplete or damaged by the Customer following handling other than that necessary to establish its nature, characteristics and proper functioning will not be refunded.
Items returned incomplete, spoiled, damaged, having been in contact with dangerous chemicals, or so dirty that they cannot be sold because they have lost value, will be sent back to the Customer, whose liability may be engaged where applicable.
We do not accept the return of goods that are likely to deteriorate or expire quickly. The original packaging must be carefully protected to avoid any damage, by being packed and wedged in strong and suitable boxes. The Customer is responsible for the safe transport of the products, and in particular for insuring their value.
To exercise this right, the Buyer must notify the Company of their decision to withdraw by writing an unambiguous statement of their wish to withdraw, sent:
- by email to hello@soshape.com, or
- by post to the following address: EPILOG, 40 Rue Constantin Pecqueur, 95150 Taverny, France, enclosing the withdrawal form below, duly completed and signed.
For the attention of So Shape
Customer Service
EPILOG
40 Rue Constantin Pecqueur
95150 Taverny
France
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*):
Ordered on (*) / received on (*):
Order number (**):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent on paper):
Date:
(*) Delete as appropriate.
(**) The order number is shown in your order confirmation email and in your account, under "My orders".
So Shape asks the Buyer to obtain proof of shipping for any parcel they send to So Shape, and to send the parcel with signature on receipt or by post with declared value. So Shape accepts no liability for loss of or damage to products in transit.
If the parcel was not received by the Buyer, the direct return costs (which are always payable by the Buyer) will be deducted from the refund.
In case of withdrawal, the delivery costs will be refunded (except for any additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery method we offer).
No order can be cancelled other than by exercising the right of withdrawal under the terms above.
13. Legal guarantees
The Buyer benefits from the legal guarantees of conformity and against hidden defects in the item sold.
In accordance with article L.217-15 of the French Consumer Code, the following articles are reproduced in full:
Article L.217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was its responsibility under the contract or was carried out under its responsibility."
Article L.217-5 of the French Consumer Code: "The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: if they match the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2° Or if they have the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller."
Article L.217-12 of the French Consumer Code: "Action resulting from a lack of conformity is time-barred two years after delivery of the goods."
Article L.217-16 of the French Consumer Code: "When, during the commercial guarantee granted to the buyer on the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining period of the guarantee. This period runs from the buyer's request for intervention or from the date the goods are made available for repair, if this is later than the request for intervention."
Article 1641 of the French Civil Code: "The seller is bound by a guarantee against hidden defects in the item sold which make it unfit for its intended use, or which reduce that use so much that the buyer would not have bought it, or would only have paid a lower price, if they had known of them."
Article 1648, paragraph 1, of the French Civil Code: "Action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect."
Likewise, and in accordance with article 3 of the French Order of 18 December 2014 on the information contained in general terms and conditions of sale regarding the legal guarantee, the Buyer is informed of the following:
- they have two years from delivery of the goods to take action;
- they may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
- they do not have to prove the existence of the lack of conformity of the goods during the six months following delivery. This period was extended to twenty-four months from 18 March 2016, except for second-hand goods;
- the legal guarantee of conformity applies regardless of any commercial guarantee that may have been granted;
- the Buyer may decide to use the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code, and in this case may choose between cancelling the sale or reducing the selling price in accordance with article 1644 of the French Civil Code.
If the Buyer finds that the Product delivered to them has a defect, a lack of conformity or is damaged, they must inform the Company using the contact details in article 2, stating the nature of the defect, lack of conformity or damage found.
The Company will arrange the return with the carrier of its choice and will inform the Buyer by any appropriate means. The Company will bear the cost of this return.
The Products must be returned to the Company in their original packaging, with all their accessories. They must come with a copy of the corresponding purchase invoice.
Returns of Products that do not follow the terms described above cannot be processed.
The Company will carry out the necessary checks and will offer the Buyer repair or replacement of the Product if possible.
If repair or replacement of the Product is impossible, the Company will offer to refund the Buyer the full price paid for this Product and the standard delivery costs. The Buyer will receive the refund as soon as possible and no later than 14 (fourteen) days after the date on which the Company informed them that the Product could not be repaired or replaced.
14. Liability
14.1 The Company undertakes to carry out regular checks to verify the operation and accessibility of the Website. For this reason, the Company reserves the right to interrupt access to the Website temporarily for maintenance. Likewise, the Company cannot be held liable for temporary difficulties or impossibility of access to the Website caused by external circumstances, force majeure, or disruption of telecommunication networks. Anyone connecting to the Website does so under their own responsibility. It is up to the Buyer to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
14.2 On its Website, the Company presents the products for sale and their detailed descriptions in compliance with article L.111-1 of the French Consumer Code, which gives the potential consumer the opportunity to know the essential characteristics of the products they wish to buy before placing a final order. Each product comes with a description that allows the Customer to know the composition of the Products delivered; however, photos and illustrations may vary slightly because of how they were taken or made.
14.3 Some information and characteristics of the products are provided by the suppliers of the products used by the Company. The Company is in no way responsible for incorrect data provided by these suppliers. The Company cannot be held liable for hygiene defects caused by them.
14.4 The Company gives the Buyer no guarantee that the Products will suit their needs and expectations, in particular in terms of taste or constraints.
14.5 The Company does not guarantee any result or effect from the use of the Products.
14.6 The Company cannot be held liable for failure or delay in performing its obligations due to force majeure.
14.7 In particular, the Company cannot be held liable for damage resulting from misuse of the Products by the Buyer or by any third party, including the use of the Products in case of intolerance or allergies.
14.8 Finally, the Company cannot be held liable if the failure to perform its obligations is attributable either to an unforeseeable and insurmountable act of a third party to the contract, to force majeure, or to the Buyer (article L. 221-15 of the French Consumer Code).
15. Intellectual property
The Products as well as the systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by the Company on the Website are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the Company's authorisation is strictly prohibited and may lead to legal proceedings.
16. Communication between the customer and So Shape
By becoming a user of the Website, the Buyer acknowledges that exchanges between them and So Shape will mainly be electronic (by email), except in the specific cases set out in these General Terms and Conditions or required by law. In particular, by registering on the Website, the Buyer expressly agrees to receive So Shape's newsletters.
The Buyer may unsubscribe from the newsletters at any time by contacting customer service at this email address: hello@soshape.com
In particular, the Buyer expressly agrees that invoices may be sent to them by email.
The Buyer contractually acknowledges that the information, notifications and contracts fully comply with the regulations in force.
The parties agree that the chosen means of exchange constitutes an agreement on evidence within the meaning of article 1368 of the French Civil Code.
Terms and conditions of SMS/WhatsApp marketing: we use a text messaging platform, which is subject to the following terms and conditions. By signing up for our SMS/WhatsApp marketing and notifications, you accept these terms.
By entering your phone number at checkout and starting a purchase, or by subscribing through our subscription form or a keyword, you agree that we may send you notifications by SMS and WhatsApp (about your order, including abandoned cart reminders) and marketing offers by SMS and WhatsApp. You acknowledge that consent is not a condition of any purchase.
Your phone number, your name and information about your purchase will be shared with our SMS platform; Meta, WAX and Klaviyo are the companies that make it possible to send these messages.
This data will be used to send you messages about your order or targeted marketing messages and notifications. When SMS or WhatsApp messages are sent, your phone number will be passed to an operator to ensure their delivery.
If you wish to unsubscribe from marketing messages and notifications by SMS or WhatsApp, reply STOP to any mobile message sent by us or use the unsubscribe link we have provided in one of our messages. You understand and agree that other ways of unsubscribing, such as using other words or requests, will not be considered a reasonable means of unsubscribing. Message and data rates may apply.
For any questions, please write to hello@soshape.com.
17. Prohibited behaviour
17.1 The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper operation of the Website, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any misuse of the Website's system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of the Company or of the users of its Website, (vii) any practice that diverts the Website from the purposes for which it was designed and finally, more generally, (viii) any breach of these general terms and conditions or of the laws and regulations in force.
17.2 It is also strictly prohibited to monetise, sell or grant all or part of the access to the Website, or to the information it contains.
17.3 In case of breach of any of the provisions of this article or, more generally, of any infringement of laws and regulations, the Company reserves the right to take any appropriate measures and to bring any legal action.
It is strictly prohibited to misuse this Website. Without limitation, it is prohibited to commit or encourage a criminal offence; to transmit or spread a virus, a Trojan horse, a worm, a logic bomb or any other malicious, technologically harmful, unfair or in any way offensive or obscene material; to hack all or part of the Services; to corrupt data; to harass other users; to infringe the property rights of third parties; to send unsolicited advertising or promotional material ("spam"); or to attempt to degrade the performance or features of any computer system. Breach of this provision may constitute a criminal offence. So Shape reserves the right to report any breach of the law to the relevant authorities and to disclose to them the identity of the persons who breached this provision.
The Company cannot be held liable for any loss or damage caused by a distributed denial of service (DDoS) attack, a virus or other technologically harmful material that may infect the User's computer equipment, programs, data or other material, due to the use of this Website or to the downloading of any element available on this Website or on a Linked Website.
18. Personal data
The Company applies a personal data protection policy, whose features are explained in the document entitled "Personal data protection charter", available on the Website in the Privacy policy, which the Buyer is expressly invited to read.
19. Advertising
The Company reserves the right to insert advertising or promotional messages on any page of the Website, in a form and under conditions of which the Company will be the sole judge.
20. Reviews shown on the Website
The reviews shown on the Website come directly from trustpilot.com. As an editorial choice, only 4- or 5-star reviews are shown on the Website. All reviews can be found on www.trustpilot.com.
21. Links and third-party websites
The Company can in no way be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the Buyer may access through the Website.
The Company accepts no liability for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
Nor is the Company responsible for transactions between the Buyer and any advertiser, professional or merchant (including its potential partners) to whom the Buyer may be directed through the Website, and it can in no way be a party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, guarantees, statements and any other obligations of these third parties.
22. Amendments
The Company reserves the right to amend these general terms and conditions of sale at any time. In this case, the applicable terms will be those in force on the date the Buyer confirms their order.
23. Language
If these general terms and conditions are translated into one or more languages, the French language will be the language of interpretation in case of contradiction or dispute over the meaning of a term or provision.
24. Applicable law and disputes
24.1 These general terms and conditions are governed by French law.
24.2 In case of a dispute concerning these terms of sale and/or an order, the Company invites the Buyer to contact it as set out in article 2 above in order to present their claim and try to find an amicable solution with the Company.
24.3 Failing an amicable agreement, the Buyer may submit the dispute to the consumer mediator CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice). The Buyer's request must contain the following information: their postal address, email address and telephone number, a brief summary of the facts and proof of the steps already taken with the Company.
24.4 If no amicable solution is found through the processes described above, or if the Buyer wishes to bring the claim or dispute directly before a court without following an amicable resolution process, the parties agree that any dispute falls within the jurisdiction of the territorially competent courts.
25. Entry into force
These general terms and conditions entered into force on 8 May 2017.