Conditions générales de vente

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties within the framework of the online sale of Products offered by the company SWC E-COM AGENCY INVEST LTD ("the Company").

1.2 Any order placed on the Hivy website implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GTC are an integral part of the contract between the Customer and the Company. They are fully enforceable against the Customer, who acknowledges having read and accepted them, without restriction or reservation, before placing an Order.

1.3 These GTC apply to any Order placed by a natural person of legal age acting as a consumer. The Customer certifies that they are a natural person over 18 years old, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge having the full legal capacity to commit when placing an Order and agree to provide truthful information regarding their identity.

1.4 EXCLUSION: The following are expressly excluded from the scope of these GTC: individuals acting as professionals, meaning natural or legal persons, public or private, acting for purposes falling within their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of another professional.

Professionals who wish to place an Order with the Company are invited to contact us directly.

1.5 The applicable GTC for each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at https://hivyshape.com and can be downloaded in PDF format.

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1 Order Placement Process

To purchase one or more Products on the site, the Customer selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (1st click).

At this stage, the Customer is redirected to a page containing:

A summary of the selected Products, their corresponding prices, shipping terms, and costs. The Customer must verify and, if necessary, correct the contents of their cart.
These GTC. The Customer must read them carefully before validating the entire Order.

Validating the Order after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click entails a payment obligation.

The Customer is then redirected to the payment page, where they can choose from the available payment methods and proceed with the payment of their Order.

After confirming their Order and making payment, the Customer receives an order confirmation email from the Company at the email address provided when creating their account. This email contains a PDF format:

A summary of the Order (selected Products, prices, shipping terms, and costs);
The precise identification of SWC E-COM AGENCY INVEST LTD and its activity;
The Order number;
The withdrawal terms, conditions, and form;
These GTC in PDF format.

In case of non-receipt of the Order confirmation, the Customer is advised to contact the Company via the contact form on the site.

The Customer then receives an electronic invoice, which they expressly agree to receive.

It is strongly recommended that the Customer keep the confirmation email and the invoice, as these documents may serve as proof of the Contract.

2.2 Cases of Order Refusal by the Company

The Company reserves the right to refuse an Order for any legitimate reason, including but not limited to:

Order non-compliant with the GTC;
Ordered quantities not corresponding to normal consumer use;
Non-payment of a previous Order or an ongoing dispute related to a previous Order;
Suspicion of fraud (supported by a set of corroborating indications).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, along with information on product use where applicable.

Although the Company takes reasonable care to ensure the accuracy of the specifications, the information is provided by suppliers and may contain errors. As a result, the Company disclaims any liability for inaccuracies in the specifications.

The specifications are detailed and presented in French. The parties agree that illustrations, videos, or photos of Products offered for sale are non-contractual. The validity period of Product offers and their prices is specified on the Company's websites.

3.2 Product Availability

Product offers are valid while stocks last. Product availability is normally indicated on the specific Product page.

However, since the Company does not reserve stock (except in special cases where Products are marked as pre-order), adding a Product to the cart does not guarantee its availability or price.

If a Product becomes unavailable after the Customer has confirmed their Order, the Company will immediately inform them by email. The Order will be automatically canceled, and the Company will refund the price of the originally ordered Product and any amount paid for the Order.

However, if the Order contains other available Products, they will be shipped to the Customer, and shipping fees will not be refunded.

3.3 Variability of Packaging

We are committed to providing quality Products that match their descriptions on our site. However, we specify that, in rare cases, the delivered product may come in different packaging from what is displayed on our site due to production constraints or temporary stock shortages.

Rest assured that this packaging change does not affect the quality, quantity, or effectiveness of the Product you receive. The product composition, benefits, and usage remain identical to those described on our site.

By placing an Order, the Customer acknowledges and accepts the possibility of receiving a Product in different packaging. This measure ensures fast and efficient delivery without compromising quality.

We thank you for your understanding and trust.

Article 4 – PRODUCT PRICING

4.1 Reference Prices Listed on the Websites

The reference price of the Products offered on the site is the price recommended by the brand, manufacturer, or its official representative. If unavailable, it is determined based on the prices commonly charged in a panel of retailers distributing the Product. This price is updated whenever the brand, manufacturer, or official representative communicates a new recommended price or when the panel’s pricing changes.

4.2 Price Modifications

Product prices are indicated on the product description pages. They are shown excluding taxes, customs duties, and shipping fees. The Company reserves the right to modify Product prices at any time, in compliance with applicable laws.

The Products ordered will be invoiced based on the price in effect on the site at the time of Order validation.

4.3 Pricing for International Orders

For Products shipped outside the European Union upon Customer request, the prices are listed in Euros, excluding taxes (VAT and customs duties), unless otherwise stated. They are precisely detailed on the product description pages and the Order page, excluding specific shipping costs.

Product prices do not include import VAT, import taxes, or customs duties, which must be paid separately by the Customer, who is responsible for these charges as the recipient of the Product.

The price of the Product(s) does not include packaging, handling, shipping, transportation, insurance, and delivery fees to the shipping address.

For all Products shipped outside the European Union and/or overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes may be applicable in some cases. The Company has no control over these charges and is not responsible for their collection.

For Products shipped within the European Union, the Customer purchases the product including applicable taxes, including VAT.

Article 5 – PAYMENT FOR PRODUCTS

5.1 Payment Timing

Full payment for the Order must be made immediately after Order validation.

The Company may, on an exceptional basis, grant installment payments, considering factors such as the amount due and the Customer’s history with the Company. However, the Company is under no obligation to offer such payment arrangements. Customers wishing to request an installment plan should contact the Company’s Customer Service at contact@hivyshape.com.

5.2 Payment Methods

To complete their Order, the Customer may choose from the following payment methods:

Credit Card Payment:
- Only credit cards issued by banks in France or international credit cards (Visa, MasterCard, American Express, and Maestro) are accepted.
- The Customer guarantees that they have the necessary authorizations to pay with the provided card.
- Payment commitment by credit card is irrevocable, and entering card details authorizes the Company to debit the corresponding amount.
- The amount is debited upon Order validation.
- Credit card payments are processed through a secure payment platform with SSL encryption.
Payment via PayPal:
- PayPal payments are accepted up to a limit of €1,000.
- Customers using PayPal must adhere to PayPal’s Terms of Use, available on their website.
Payment via Vouchers and/or Promo Codes:
- Vouchers and promotional codes issued by the Company can be used to pay for all or part of an Order.
- These are valid for one-time use only.
- Any attempt at fraudulent use may result in the cancellation of the Order.

In general, if a payment authorization is refused by an accredited organization or if the Order remains unpaid, the Company reserves the right to suspend or cancel the Order.

The Company may suspend any payment method at its discretion, particularly in cases where a payment service provider no longer offers its service or if a dispute arises regarding a previous Order.

The Company may also implement a verification procedure to prevent fraudulent card use. The Customer may be required to provide identification, proof of residence, and a copy of the credit card used for payment. Detailed instructions will be provided when necessary. The Order will be processed only after receiving and verifying the requested documents.

Article 6 – DELIVERY – CUSTOMS CLEARANCE – RECEIPT

6.1 Delivery

Before Order validation, the Company provides the Customer with information regarding available delivery methods and corresponding rates. After selecting a delivery method, the Customer receives an estimated delivery timeframe.

The Company will make every effort to ensure that the Products are delivered by the estimated delivery date. In case of unforeseen issues, the Company will promptly communicate with the Customer to find an appropriate solution.

The Customer is fully responsible for providing accurate shipping details. If an Order cannot be delivered due to an incorrect address, the associated costs will be charged to the Customer.

The Company is not responsible for delivery delays, package loss, or failed deliveries. The transport service is solely responsible for these issues, and the Customer must file any claims directly with the carrier in case of loss, theft, or damage.

If our records confirm delivery, and the package is missing from the mailbox, the Customer has 3 days to notify us and 7 days to visit the post office with the tracking number to request an official stamped document from the postal service. This document is essential for any further action.

If the carrier confirms that the package was lost, the Company will reship the order free of charge. If the carrier confirms delivery, the Customer must provide a sworn statement to allow the Company to conduct a thorough investigation. This investigation may involve legal authorities if necessary.

Upon delivery, the Customer is responsible for checking the conformity of the Order (correct condition, correct products, compliance with Order details).

6.2 Customs Clearance

For Products shipped outside the European Union, the Customer purchases the Product tax-free and becomes the importer.

The Customer is responsible for all customs clearance processes and must pay any applicable duties if required (for Products with a customs value exceeding €150).

The Company is not responsible for customs fees, and these fees are non-refundable by the Company.

6.3 Receipt

Upon receiving the Product, the Customer must verify that the Product is complete and undamaged.

If an issue is detected, the Customer must contact the Company’s Customer Service within three days (excluding public holidays) of receiving the Product. Claims made after this period cannot be processed.

Article 7 – RIGHT OF WITHDRAWAL

7.1 Principle and Deadline

The Customer has the right to withdraw from their purchase, without providing a reason, within fourteen (14) calendar days from the date of receipt of their Order. If the Order includes multiple Products, the withdrawal period begins upon receipt of the last Product.

If the Customer exercises their right of withdrawal within the stipulated period, the price of the purchased Product(s) and the shipping fees will be refunded, with the return shipping costs remaining at the Customer’s expense.

7.2 Exclusions

In accordance with Articles L. 221-18 to L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to the following contracts:

The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control;
The supply of goods custom-made according to the consumer’s specifications or highly personalized items;
The supply of goods that may deteriorate or expire quickly;
The supply of goods unsealed by the consumer after delivery and which cannot be returned for health or hygiene reasons;
The supply of goods which, after delivery, are inseparably mixed with other items;
The supply of alcoholic beverages with delivery postponed beyond thirty days and subject to price fluctuations beyond the trader’s control;
Maintenance or repair services requested urgently by the consumer at their home;
The supply of audio or video recordings, software unsealed by the consumer after delivery;
The supply of newspapers, periodicals, or magazines, except for subscription contracts;
Public auction purchases.

7.3 Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Customer must notify the Company of their decision through a clear and unambiguous statement via email or by using the withdrawal form below:

Withdrawal Form Template:

To: SWC E-COM AGENCY INVEST LTD, (website name), Customer Service (via email)

I, ________, hereby notify you of my withdrawal from the contract regarding the sale of the following Product:

Product Name:
Date of Order and Receipt:
Order Number:
Tracking Number for Withdrawal Request:
Customer Name:
Customer Address:
Customer Signature: (only if submitting a paper copy)
Date:

The form should be sent via email to: contact@hivyshape.com.

The Customer has 14 days from the notification of withdrawal to return the Product in its original packaging, with return costs borne exclusively by the Customer.

Products must be returned in their original state and complete (packaging, accessories, instructions, etc.) to allow the Company to resell them. If Products are received in an opened, used, incomplete, damaged, or soiled condition, the Company will not process any refund and may seek compensation for the Product’s depreciation.

If the Product is returned under the conditions provided by law and these GTC, the Company will refund the full amount paid by the Customer, including delivery fees, within 14 days of the withdrawal notification. If the Product is returned later, the Company will process the refund only after receiving and verifying the returned Product's condition.

Refunds will be processed using the same payment method used by the Customer for the Order unless an alternative method is agreed upon. If the Customer used a voucher or promo code, they will be refunded through new vouchers or promo codes of the same value.

Special Provisions:

If a Product was purchased under a Buy One, Get One condition, and the Customer wishes to return the second Product while keeping the first, the value of the retained Product will be deducted from the refund amount.

Article 8 – WARRANTIES

8.1 Legal Guarantees

The Company is responsible for Product defects in compliance with Articles L. 217-4 and following of the French Consumer Code and Articles 1641 and following of the French Civil Code.

Under the legal conformity guarantee (Article L. 217-4 Consumer Code):

Customers have 2 years from the date of delivery to initiate a claim.
Customers may choose between repair or replacement of the Product, subject to cost conditions outlined in Article L. 217-9.
Customers are not required to prove the defect's existence within 24 months if the Product is new and within 6 months if it is second-hand.

Under the legal guarantee for hidden defects (Article 1641 Civil Code):

If a defect renders the Product unfit for its intended use, the Customer may choose between a refund or price reduction under Article 1644 Civil Code.

These legal warranties apply independently of any commercial warranties.

8.2 Manufacturer Warranty

Some Products on the site may include a manufacturer’s warranty, which is separate from the Company’s legal obligations.

If applicable, this warranty will be mentioned on the Product page. The Customer must contact the Customer Service and refer to the manufacturer’s warranty terms, typically provided in the Product’s packaging.

The manufacturer’s warranty does not affect the Customer’s rights under legal guarantees.

Article 9 – PERSONAL DATA PROTECTION

As part of its business operations, the Company collects and processes personal data necessary for order processing, commercial relationship management, statistical analysis, and legal obligations.

Customer data is retained for 5 years from the end of the Contract.

Failure to provide required data may prevent the Company from processing the Order.

Collected data is primarily for internal use, but may be shared with third parties involved in service execution (e.g., shipping providers and payment processors).

Customers have the following rights regarding their data:

Right of access to their personal information.
Right to rectify or delete inaccurate, incomplete, or outdated information.
Right to restrict processing under specific conditions.
Right to object to data processing, particularly for marketing purposes.
Right to define post-mortem directives regarding data retention and deletion.
Right to withdraw consent for certain processing activities.
Right to file a complaint with the French data protection authority (CNIL).

To exercise these rights, Customers can send a request to: contact@hivyshape.com.

The request must include the Customer’s full name, email, postal address, and a copy of their ID.

A response will be provided within one month of receiving the request.

Article 10 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise expressly stated on a Product page, the sale of Products on the website does not entail any transfer of intellectual property rights related to the sold Products.

Trademarks, domain names, products, software, images, videos, texts, or any other information protected by intellectual property rights remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is granted through these GTC.

Article 11 – FORCE MAJEURE

The Company shall not be held liable for any failure to fulfill its obligations under these GTC in the event of unforeseen circumstances or force majeure that prevents the execution of the contract. The Company will notify the Customer as soon as possible in the event of such an occurrence.

Article 12 – LIMITATION OF LIABILITY

Notwithstanding any provision to the contrary in these GTC, the Company shall not be held responsible for any loss or damage resulting from improper use of the Product(s) by the Customer, including unauthorized modifications or alterations to the Products.

Article 13 – ACCOUNT SUSPENSION OR TERMINATION

The Company reserves the right to suspend or terminate the Customer’s account if they violate the provisions of these GTC or any applicable laws.

Any individual whose account has been suspended or closed shall not be permitted to place new Orders or create a new account without prior authorization from the Company.

Article 14 – RECORD KEEPING AND EVIDENCE

Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.

For each Order, a summary of the Order is sent by email to the Customer and is archived on the Company’s website.

The records of communications between the Company and the Customer are kept for 5 years in secure and reasonable conditions. These records serve as proof of communications, Orders, payments, and transactions between the Customer and the Company.

Archived communications, Orders, Order details, and invoices are stored on a reliable and durable medium, in compliance with Article 1360 of the French Civil Code. These documents may be used as evidence of the contract.

The Customer may request access to archived records by contacting contact@hivyshape.com.

Article 15 – NULLITY AND AMENDMENT OF THE GTC

If any provision of these GTC is declared invalid, it shall be deemed unwritten, but this shall not affect the validity of the remaining contractual provisions.

Any tolerance by the Company in enforcing any provision of these GTC, regardless of its frequency or duration, shall not constitute a modification of the GTC or create any rights for the Customer.

Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC are governed by French law.

In case of any dispute, the Customer is encouraged to contact the Customer Service to seek an amicable resolution.

If no amicable resolution is reached, any dispute will be submitted to the competent French courts, unless otherwise required by mandatory consumer protection regulations.