GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
These General Terms and Conditions of Sale, hereinafter referred to as the “General Terms and Conditions,” govern the distance sales of products concluded on the website www.beshap.com.
ARTICLE 1 — SELLER IDENTITY
The seller is:
BESHAP
Simplified joint-stock company (SAS)
Share capital: €2,000
60 rue François Ier
75008 Paris
France
SIREN: 108 062 886
SIRET: 108 062 886 00016
Paris Trade and Companies Register
Intra-Community VAT number: FR23108062886
Email: support@beshap.com
Customer Service WhatsApp: +33 7 68 83 44 11 — messages only
Customer service available Monday to Saturday, from 10:00 a.m. to 9:00 p.m., Paris time.
Hereinafter referred to as “BESHAP” or “the Seller.”
ARTICLE 2 — SCOPE
These General Terms and Conditions apply to product sales conducted by BESHAP with consumers acting for purposes outside their professional activity.
They apply to orders placed on www.beshap.com.
The consumer acknowledges having been able to review these General Terms and Conditions before placing an order.
The applicable General Terms and Conditions are those in force on the date of the order.
BESHAP may amend its General Terms and Conditions for the future. A subsequent amendment does not alter the conditions applicable to an order that has already been concluded.
ARTICLE 3 — PRODUCT CHARACTERISTICS
The essential characteristics of the products are presented on the product pages before the order.
The consumer is invited to take note in particular of:
- the product description;
- its composition, where indicated;
- the available sizes;
- the available colors;
- the size guide;
- the product's main characteristics;
- its price;
- any special care or use instructions.
The consumer is responsible for choosing the size and model, subject to the rights granted to them by law.
Photographs are presented as accurately as possible. However, the way colors appear may vary slightly depending on the screen used.
ARTICLE 4 — AVAILABILITY
Products are offered while stocks last.
When an ordered product exceptionally becomes unavailable after the order has been confirmed, BESHAP informs the consumer and applies the rights provided for by applicable law, particularly when fulfillment of the order has become impossible.
ARTICLE 5 — PRICES
The applicable prices are those displayed on the website when the order is confirmed.
For French sales subject to VAT, prices are displayed inclusive of all taxes, unless otherwise clearly indicated to the consumer.
Applicable delivery charges are indicated before the order is finally confirmed.
BESHAP may change its prices at any time for future orders.
A price change made after an order has been confirmed does not affect the price of that order.
ARTICLE 6 — PROMOTIONS AND DISCOUNT CODES
Promotions, discounts, promotional codes, and commercial offers may be subject to specific conditions, including:
- a specified period;
- a minimum order amount;
- a selection of products;
- a usage limit;
- incompatibility with certain other offers.
The specific terms are presented with the relevant offer.
Price reductions are presented in accordance with the applicable regulations.
ARTICLE 7 — PLACING AN ORDER
To place an order, the consumer selects the desired products and adds them to their cart.
Before payment, they can check:
- the products;
- the quantities;
- the sizes;
- the colors;
- the price;
- any additional fees;
- their delivery address;
- their billing address, if different.
The consumer may correct errors before confirmation.
Final confirmation of the order entails an obligation to pay.
An order confirmation is then sent electronically.
ARTICLE 8 — REFUSAL OR CANCELLATION OF AN ORDER
BESHAP may refuse or cancel an order for a legitimate reason, including:
- payment is refused or unauthorized;
- reasonable suspicion of fraud;
- fraudulent use of a payment method;
- the order contains a manifest irregularity;
- the product is unavailable;
- a manifest pricing error that a reasonably attentive consumer could not have overlooked.
When payment has already been collected and the order cannot be fulfilled, the amounts owed are refunded in accordance with the applicable regulations.
ARTICLE 9 — PAYMENT
The available payment methods are presented at the time of ordering.
The consumer guarantees that they are authorized to use the selected payment method.
Payment service providers may apply their own security and authentication measures.
BESHAP does not necessarily retain all of the consumer's banking details, as these may be processed directly by payment service providers.
ARTICLE 10 — DELIVERY
The products are delivered to the address provided by the consumer when placing the order.
The consumer must check that their address is accurate before paying.
The applicable delivery methods, fees, and timeframes are presented before the order is confirmed.
In the absence of an indication of a specific date or period, the legal rules relating to the delivery period remain applicable.
Additional information is provided on the page Delivery policy.
ARTICLE 11 — TRANSFER OF RISK
For consumers, the risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier proposed by BESHAP, takes physical possession of the goods, subject to the applicable legal rules.
ARTICLE 12 - ORDER CHECK UPON RECEIPT
The consumer is invited to check promptly:
- condition of the package;
- conformity of the products received;
- number of products;
- references;
- sizes.
In the event of an irregularity, they may contact:
or the messaging service WhatsApp:
+33 7 68 83 44 11
The request may in particular be accompanied by photographs showing the problem.
Failure to report it immediately does not deprive the consumer of their statutory guarantees.
ARTICLE 13 - BESHAP 30-DAY COMMERCIAL EXCHANGE
Independently of the legal right of withdrawal, BESHAP offers a commercial exchange option for up to 30 days after receipt of the order, when the conditions of the Returns and Exchanges Policy are met.
This commercial policy may in particular allow a change of size.
The item returned under this commercial policy must in particular be:
- not worn beyond a reasonable try-on;
- unwashed;
- undamaged;
- clean;
- stain-free;
- odor-free;
- with its labels;
- with their hygiene seals where applicable.
This 30-day exchange option is separate from the legal right of withdrawal.
It does not limit any of the consumer's legal rights.
ARTICLE 14 - LEGAL RIGHT OF WITHDRAWAL
For the distance sales contracts concerned, the consumer has a period of 14 days from receipt of the goods to exercise their right of withdrawal without having to justify their decision.
When several goods forming part of the same order are delivered separately, the period runs according to the rules provided for by the Consumer Code.
The consumer must communicate their decision to withdraw before the expiry of the period.
They may notably use:
- the electronic withdrawal functionality available on the website;
- the model withdrawal form;
- or any unambiguous statement expressing their intention to withdraw.
Email address:
The right of withdrawal does not need to be justified.
ARTICLE 15 - ONLINE WITHDRAWAL FUNCTIONALITY
Where required by the regulations, BESHAP provides www.beshap.com a functionality enabling the consumer to exercise their right of withdrawal online free of charge.
This functionality must be easily, directly, and permanently accessible under the conditions provided for by the regulations.
After submitting an electronic withdrawal request, the consumer receives confirmation on a durable medium in accordance with the applicable rules.
ARTICLE 16 - RETURN AFTER WITHDRAWAL
After communicating their decision to withdraw, the consumer must return the products concerned without undue delay and no later than 14 days following this communication, unless different applicable legal provisions apply.
The return instructions and logistics address are provided as part of the return procedure.
The consumer must not send the products spontaneously to BESHAP's registered office, unless expressly instructed otherwise by our customer service department.
Unless BESHAP agrees to bear them or the law provides otherwise, the direct costs of returning the goods are the consumer's responsibility.
ARTICLE 17 — CONDITION OF RETURNED PRODUCTS
Under the legal right of withdrawal, the consumer may be held liable for any loss in value resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
This rule is distinct from the more restrictive conditions that may be established for voluntarily benefiting from the 30-day commercial exchange policy.
ARTICLE 18 — EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the situations provided for by law.
This applies in particular, where they actually meet the legal conditions, to goods that are:
- made according to the consumer's specifications or clearly personalized;
- or that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
For a hygiene-related exclusion to be invoked, the legal conditions must actually be met.
The mere fact that an item is a garment, bodysuit, shaping shorts, or shapewear product does not automatically mean that the right of withdrawal no longer applies.
When a product has protective packaging or a hygiene seal whose removal triggers the application of a legal exception, this information must be provided to the consumer before purchase.
ARTICLE 19 — REFUND AFTER WITHDRAWAL
When a legal right of withdrawal is validly exercised, BESHAP will refund the amounts owed to the consumer in accordance with the law.
The refund covers, in particular, the price of the products concerned and, where required by law, the corresponding standard delivery costs.
Additional costs resulting from choosing a more expensive delivery method than the standard method offered are not necessarily refunded.
BESHAP will issue the refund using the same means of payment as the one used for the initial transaction, unless the consumer expressly agrees to another method that does not incur any fees for them.
For a sale of goods, BESHAP may defer the refund until it has recovered the goods or until the consumer provides proof that they have shipped them, in accordance with the legal requirements.
Except in cases where the law requires a refund, BESHAP's commercial policy favors exchanges over refunds.
ARTICLE 20 — DEFECTIVE OR NON-CONFORMING PRODUCT
Rights relating to a defective or non-conforming product are distinct from the right of withdrawal and the commercial return policy.
Consumers benefit from the applicable legal warranties.
They may contact:
WhatsApp:
+33 7 68 83 44 11 — messages only
ARTICLE 21 — LEGAL WARRANTY OF CONFORMITY
BESHAP is liable under the legal warranty of conformity under the conditions provided for by Articles L.217-3 et seq. of the Consumer Code.
LEGAL WARRANTY BOX
Consumers have two years from delivery of the goods to obtain enforcement of the legal warranty of conformity if a lack of conformity appears.
During this period, consumers are only required to establish the existence of the lack of conformity, not the date on which it appeared, under the conditions provided for by the regulations.
The legal warranty of conformity entitles consumers to have the goods repaired or replaced under the legal conditions.
Where the conditions provided for by law are met, consumers may obtain a price reduction or termination of the contract.
Bringing the goods into conformity is carried out at no cost to the consumer under the conditions provided for by the Consumer Code.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Consumers also benefit from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the Civil Code.
Professional responsible for the warranties:
BESHAP
60 rue François Ier
75008 Paris
France
Email: support@beshap.com
WhatsApp: +33 7 68 83 44 11
ARTICLE 22 — WARRANTY AGAINST HIDDEN DEFECTS
Consumers may also benefit from the warranty against hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Where the legal conditions are met, the buyer may in particular choose from the remedies provided for by the Civil Code.
ARTICLE 23 — CUSTOMER SERVICE AND COMPLAINTS
For any questions or complaints:
Email: support@beshap.com
WhatsApp: +33 7 68 83 44 11 — messages only
Hours:
Monday to Saturday, from 10:00 a.m. to 9:00 p.m., Paris time.
To facilitate processing, consumers are invited to provide:
- their name;
- their order number;
- their email address;
- the product concerned;
- a description of the request;
- any relevant photograph.
ARTICLE 24 — CONSUMER MEDIATION
In accordance with the provisions of the Consumer Code, consumers may use a consumer mediator free of charge to seek an amicable resolution of a dispute with BESHAP, after first submitting a complaint to BESHAP.
These notices must be replaced with the contact details of the mediator contractually selected by BESHAP before final publication.
ARTICLE 25 — LIABILITY
BESHAP is responsible for performing its obligations under the conditions provided by law.
However, BESHAP shall not be liable for damage directly caused by:
- manifestly abnormal use of the product;
- use contrary to the maintenance instructions;
- a modification of the product made by the customer;
- consumer fault;
- or a circumstance displaying the legal characteristics of force majeure.
No provision of these GTC limits liability that cannot legally be excluded or limited.
ARTICLE 26 — FORCE MAJEURE
A party shall not be held liable where its failure to perform its obligation results from an event meeting the conditions of force majeure under French law.
ARTICLE 27 — PERSONAL DATA
BESHAP processes certain personal data in connection with order management, customer service, delivery, fraud prevention, its legal obligations and, where permitted, its marketing activities.
Detailed information is provided in the Privacy Policy.
ARTICLE 28 — INTELLECTUAL PROPERTY
All protected elements of the site remain the property of BESHAP or their respective owners.
No order transfers to the consumer any intellectual property rights in the trademark, photographs, videos, graphics, text or other content on the site.
ARTICLE 29 — EVIDENCE AND ARCHIVING
Electronic records, order confirmations and other materials retained in BESHAP's or its service providers' systems may be used as evidence to the extent permitted by applicable regulations.
Contracts concluded electronically are archived where a legal archiving obligation applies.
ARTICLE 30 — PARTIAL INVALIDITY
If any provision of these GTC is declared invalid or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.
ARTICLE 31 — APPLICABLE LAW
These GTC are governed by French law.
Where the consumer resides in another country benefiting from mandatory consumer protection rules, this choice shall not deprive them of the mandatory protections afforded to them under the applicable rules.
ARTICLE 32 — COMPETENT COURTS
In the event of a dispute, the statutory rules on jurisdiction applicable to consumers shall apply.
No provision of these GTC may require the consumer to submit to the exclusive jurisdiction of the courts located at BESHAP's registered office where such limitation would contravene mandatory consumer protection rules.