Terms of sale
SAS ILYU
SAS ILYU company with capital of 8840 euros
Registered office 5 rue Léon Jouhaux 75010 Paris
Email address: contact@shapeheart.com
Paris RCS No. Paris 812 512 09
General terms and conditions of sale for products sold on www.shapeheart.com
Last updated June 11, 2024
Article 1 - Purpose
These conditions govern sales by SAS ILYU of phone accessories for sports and mobility. These products are described and presented. The products offered for sale are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, SAS ILYU cannot be held liable. The photos representing our products are for informational purposes only. These photos, as well as the texts illustrating the products, are not part of the contractual scope.
Article 2 - Price
The prices displayed on the site or online store 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 order date), unless otherwise stated and excluding processing and shipping costs.
In case of an order to a country other than mainland 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 duties and amounts are not the responsibility of SAS ILYU. They will be your responsibility and are entirely your responsibility, both in terms of declarations and payments to the competent authorities and organizations 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 based on the rate in effect at the time of order validation and subject to availability.
The products remain the property of SAS ILYU until full payment of the price.
Warning: as soon as you take physical possession of the ordered products, the risks of loss or damage to the products are 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 no later than when your order is validated.
SAS ILYU reserves the right not to register a payment and not to confirm an order for any reason whatsoever, and more particularly in case of supply problems, or in case of difficulty concerning the order received, in case of fraud.
Article 4 - Validation of Your Order
Any order appearing on the website www.shapeheart.com implies acceptance of these General Conditions. Any order confirmation entails your full and complete acceptance of these general terms and conditions of sale, without exception or reservation.
All data provided and the recorded confirmation will serve as proof of the transaction.
You declare that you have full knowledge of this.
Order confirmation will constitute signature and acceptance of the operations performed.
A summary of your order information and these General Conditions will be sent to you in PDF format via the email address confirming your order.
Article 5 - Payment
Validating your order implies your obligation to pay the indicated price.
Payment for your purchases is made by credit card through the secure DIRECT LINK Ogone system.
The card is debited only when the order is shipped. In case of split deliveries, only the shipped products 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 reasons or pay a 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 prevent the right of withdrawal.
Return costs are your responsibility
In case of exercise of the right of withdrawal, SAS ILYU will refund the amounts paid, within 14 days following notification of your request and via the same payment method as the one used during 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 fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period.
The supply of goods made according to the consumer's specifications or clearly personalized.
The supply of goods likely to deteriorate or expire quickly.
The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the professional's control.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
Transactions concluded at a public auction.
The supply of digital content not provided on a physical medium whose performance began after the consumer's express prior agreement and express waiver of their 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 stock. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of product unavailability after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.
Furthermore, the website www.shapeheart.com is not intended to sell its products in large quantities. Therefore, SAS ILYU reserves the right to refuse orders of 10 identical items.
Article 8 - Delivery
Products are delivered to the delivery address indicated during the order process, within the timeframe indicated on the order validation page.
In case of shipping delay, an email will be sent to inform you of any possible impact on the delivery time indicated to you.
In accordance with legal provisions, in case of delivery delay, you have the option to cancel the order under the conditions and procedures defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will refund it and the shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In case of delivery by a carrier, SAS ILYU cannot be held responsible for delivery delays due exclusively to customer unavailability after several appointment proposals.
Article 9 - Warranty
All our products benefit from the legal warranty of conformity and the warranty against hidden defects, provided for by Articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it may be returned, exchanged or refunded.
All claims, exchange or refund requests must be made by email within 30 days following delivery.
Products must be returned to us in the condition in which you received them, with all elements (accessories, packaging, instructions…). Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of receipts.
In addition, for textile products (Sleeves, armbands and belts), a specific warranty of 6 months is granted to cover defects found during normal use of the product.
The warranty extension must be requested within 30 days after purchase.
The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Liability
The products offered comply with current French legislation. SAS ILYU's liability cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to verify with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, SAS ILYU cannot be held responsible for damages resulting from improper use of the purchased product. In this regard, it is important to test our magnetic systems: you are responsible for using them and SAS ILYU's liability cannot be engaged in case of damage caused to your devices following inappropriate use of the product. In case of defect, it is essential to contact contact@shapeheart.com to proceed with an exchange and absolutely not to use a product that would not allow 100% security of your devices.
In case of proven product defect following our magnetization test, compensation for damage caused to the device will be determined based on its current value, not on its purchase price.
Finally, SAS ILYU's liability cannot be engaged for any inconvenience or damage inherent to the use of the Internet network, including service interruption, external intrusion or the presence of computer viruses.
Article 11 - Applicable Law in Case of Disputes
The language of this contract is French. These terms and conditions of sale are subject to French law. In case of dispute, French courts will have sole jurisdiction.
Article 12 - Intellectual Property
All elements of the site www.shapeaheart.com are and remain the intellectual and exclusive property of SAS ILYU. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the site whether they are software, visual or audio. Any simple or hypertext link is strictly prohibited without express written agreement from SAS ILYU.
Article 13 - Personal Data
SAS ILYU reserves the right to collect personal information and data concerning you. This is necessary for managing your order, as well as improving the services and information we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for executing 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 January 6, 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
SAS ILYU will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of SAS ILYU will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 15 - Promotional Codes
Promotional codes apply only to non-discounted base prices. Promotional codes are not cumulative with each other or with gift vouchers. Promotional codes are usable once per customer unless otherwise instructed by SHAPEHEART. These codes are not refundable during an exchange.
In case of use contrary to the conditions, the order will be cancelled.
Article 16 - Product Description
SAS ILYU offers for sale phone mounts for bikes, motorcycles, cars and running, with a detachable magnetic system. The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, SAS ILYU cannot be held liable. The photos representing our products are for informational purposes only. These photos, as well as the texts illustrating the products, are not part of the contractual scope.
Article 17 - Use of Products
The detachable magnetic Sleeve system is removable and may fall in case of collision with an object or if improperly installed. It is the consumer's responsibility to check the centering of the magnet and Sleeve before each use and to install the product as recommended in the user manual. The use of any other tool (drill or other) or the installation of a product in a customized way outside the intended use described by SAS ILYU is the consumer's responsibility. SAS ILYU cannot be held responsible for the use of products by the consumer except in case of product defect.
Article 18 - Return of Defective Product
In case of product defect, the consumer is required to return the defective product within 7 days to the headquarters of SAS ILYU, at the following address: 5 rue Léon Jouhaux 75010 Paris. Failure to comply with this deadline will result in no damages being claimed by the consumer. Return costs are the consumer's responsibility. Once the product is received, SAS ILYU will conduct an expert assessment of the product and determine the compensation terms.
