General Conditions of Sale

PREAMBLE

X-SHAPE is an activity of the Port Parallele group, 70 rue Amelot, 75011 Paris.

The site is the property of X-SHAPE in its whole lot, as well as the whole law relative to it. Any reproduction, complete or partial is systematically submitted to the authorization of the owners. However, the connections of hypertexts links towards the site are authorized without specific requests.

1-ACCEPTANCE OF CONDITIONS :

The customer recognizes to have acquainted at the time of the signing of order, the particular conditions of sale expressed on this screen and expressly declares to accept them without reserve; the present general terms of sale govern the contractual relations between X-SHAPE and its customer, both parties accepting them without reserve. These general terms of sale will prevail over any other conditions appearing in any other document, except preliminary, express and written dispensation.

2-PRODUCTS :

Photos illustrating products do not enter the contractual field; if errors got there, on no account, the responsibility of X-SHAPE can be committed. The majority of products proposed to its customers by X-SHAPE are available in our warehouse.

3-ORDERS :

The systems of automatic recording are considered ,as being worth proof, the nature, the contents and the order date.

X-SHAPE confirms the acceptance of its order to the customer at the e-mail address which will have been communicated by this one. The sale will be concluded only as from the confirmation of the order. X-SHAPE reserves the right to cancel any order of a customer with whom would exist a dispute concerning the payment of a previous order.Information expressed by the buyer during the order taking, commit this one: in case of error in the title of the address and phone number of the addressee the seller could not be held responsible for the impossibility in which he could be to deliver the product.

4-DELIVERY :

After confirmation of order, X-SHAPE makes a commitment to deliver to the carrier, chosen by the customer during the order, all references that were ordered by the buyer. This carrier makes a commitment, by contract with X-SHAPE, to deliver the order to the address of the buyer supplied by X-SHAPE. In the case of a transport with system of against refund, the customer makes a commitment to settle to the carrier, or to his representative, all of the sum indicated during the confirmation of order.Furthermore, for the deliveries outside metropolitan France, the customer makes a commitment to settle all the taxes due to the import of products, customs duty, value-added tax, and different taxes that were owed by virtue of the laws of the country of reception of the order. All the orders crossed to X-SHAPE are intended for the personal use of the customers, the customers or the addressees of products refrain themselves from any partial or total resale of products sold on the site. The possible delays of delivery do not give the right to the buyer to demand damages.The deliveries are made by carriers according to the choice of the customer.

In the case of a technical product, the customer will particularly watch to verify the smooth running of the delivered device and to read the instructions for use which are supplied to him.

In case of visible defects, the buyer benefits from the right of return in the conditions planned in this document. The war, the riot, the fire, the strikes, the natural or nuclear disasters, the accidents and the impossibility to be supplied are considered as cases of absolute necessity, unburdening the seller of its obligation to deliver. The goods always travel at the risks and the dangers of the addressee. Always verify your parcel on arrival. You always have an extension of 48 hours to make possible reserves with the carrier in case of the goods were lacking or were damaged. For reasons of availability, an order can be delivered several times to the customer there. In that case the customer settles a single delivery, If the customer chooses two places of delivery ,he, then, crosses two orders with the connected expenses of delivery.

5 – RETRACTATION :

You have seven days (as from the reception of items) to be made an opinion. In case of exchange or of refund), send back item (s), new ,in their intact original packing, accompanied with all the possible accessories, the instructions for use and documentations at the following address:

X-SHAPE, 26 rue Berlioz, 95140 Garges-Les-Gonesse, France.

In case of use of the right to withdraw, X-SHAPE is kept in the payment of the sums made by the customer, free of charge, with the exception of the expenses of return. The refund is due for a maximum extension of 30 days. This does not apply for the personalized products.

6-PRICE :

The price is expressed in euros. The price indicated on product sheets does not include transport. The price indicated in the confirmation of order is the definitive price, expressed inclusive of all taxes and including the VAT for France and countries of the European Union. This price includes the price of products, the costs of handling, packaging and preservation of products, the costs of transport and putting into service.

7-PAYMENT :

The price charged to the customer is the price indicated on the confirmation of order sent by X-SHAPE. The price of products is payable in cash the day of the effective order. The payment is made by bank card having the initials CB. On-line, Paypal allows you to settle via a banking server of Paypal in a secure environment. Your number of bank card is thus managed towards the servers of the bank and your payment is directly made at a bank in a secured environment without passing by the server of the shop, the all the more important guarantee as your numbers are only known of our banking partner Paypal. The order validated by the customer will be considered effective only when the centers of banking payment concerned will have given their agreement. In case of refusal of the said center, the order will automatically be cancelled and the customer will be warned by e-mail. Besides, X-SHAPE reserves the right to refuse any order of a customer with whom would exist a dispute.

8-DISPUTES :

The present contract is submitted to the French law. X-SHAPE cannot be held responsible for damage of all kinds, material , immaterial or physical, , which could result from a malfunction or from a misuse of the marketed products. It is the same for the possible modifications of products resulting from manufacturers. The responsibility of X-SHAPE will be limited, in any case, rising of the order and could not be questioned for simple errors or omissions which would have been able to remain in spite of all the precautions taken in the display of products. In case of difficulties in the application of the present contract, the buyer has the possibility, before any action then, of looking for an amicable solution in particular with the help: of a professional association of the branch, an association of consumers or any other advice of its choice. It is reminded that the search for the amicable solution does not interrupt the ” brief deadline” of the legal guarantee nor the contractual duration of the guarantee.It is reminded that as a general rule and, subject to the appreciation of the courts, the respect for the measures of the present contract relative to the contractual guarantee supposes that the buyer honors his financial commitments to the seller. The complaints or the challenges will always be received with an attentive benevolence, a good faith being always presumed at the one who takes time to explain his situations. In case of dispute, the customer will address by priority the company to obtain an amicable solution. Failing that, the Commercial court of Paris is the one competent only whatever the place of delivery and the method of payment accepted.

9-GUARANTEE :

X-SHAPE guarantees you that all the boards of the brand are handmade in France in workshop. In every case, X-SHAPE cannot be held responsible for non compliance with the current regulatory and legislative measures in the country of reception, the responsibility of X-SHAPE is systematically limited to the value of the product called into question, the value at its date of sale without resorting to the brand or the producing company of the product.In any event, the customer benefits from the legal guarantee of eviction and from the latent defects (article 1625 and following ones of the civil code). On condition that the buyer gives evidence of the hidden defect, the seller legally has to repair all the consequences (article 1641 and following ones of the civil code); if the buyer addresses the courts, he has to make it for the ” brief deadline(extension) ” as from the discovery of the hidden defect (article 1648 of the civil code). You can contact customer services 6 days a week (from Monday to Saturday included) at the following phone number: 06 21 52 12 54, by e-mail at xshape.info@orange.fr (answer within 48 hours on average)

10-LEGAL INFORMATION :

The piece of information of the specific name information collected for the purposes of the remote sale is compulsory, this information being essential for the processing and the routing of the orders, the issuing of invoices and the guarantees. The defect of piece of information pulls(entails) the non validation of the order. According to the law ” computing and liberties “, the processing of the name specific information relative to the customers was the object of a declaration with the Commission Nationale de l’Informatique et des Libertés (CNIL)((National Commission for Information Technology and Civil Liberties). The customer has (article 34 of the law of January 6th, 1978) a right of access, modification, rectification and deletion of the data , that he can use with X-SHAPE.

Furthermore, X-SHAPE undertakes to not communicate, free of charge or with counterparty, the data of his customers with a third.

X-SHAPE is an activity of the group Port Parallèle, 70, rue Amelot 75011 paris.