LEGAL WARRANTIES

Products sold by BESHAP benefit from the statutory warranties provided for by French law.

These warranties are mandatory and apply independently of:

  • BESHAP's 30-day commercial exchange policy;

  • the right of withdrawal;

  • any commercial warranty that may be offered by BESHAP;

  • the terms and conditions for returns.

1. SELLER RESPONSIBLE FOR THE WARRANTIES

The professional responsible for the statutory conformity warranty 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

Email: support@beshap.com

Customer Service WhatsApp:

+33 7 68 83 44 11 — messages only

Customer service hours:

Monday to Saturday, from 10:00 a.m. to 9:00 p.m., Paris time.

2. STATUTORY CONFORMITY WARRANTY

In accordance with Articles L.217-3 et seq. of the French Consumer Code, BESHAP must deliver a product that conforms to the contract to the consumer.

BESHAP is liable for lack of conformity existing at the time of delivery of the product and appearing under the conditions and within the periods provided for by law.

For new products sold by BESHAP, the consumer has a period of two years from delivery of the product to request enforcement of the statutory conformity warranty.

3. PRESUMPTION THAT THE DEFECT PRE-EXISTED DELIVERY

For a new product, when a lack of conformity appears within 24 months following its delivery, it is presumed to have existed at the time of delivery, except where this presumption is incompatible with the nature of the product or the defect concerned.

The consumer therefore benefits from the rules of evidence provided for by the French Consumer Code.

4. WHAT IS A NON-CONFORMING PRODUCT?

A product may in particular be considered non-conforming when it does not match the characteristics agreed upon when ordering.

Depending on the circumstances, this may include:

  • a product different from the one ordered;

  • the wrong reference;

  • the wrong color shipped by BESHAP;

  • the wrong size shipped by BESHAP;

  • a quantity different from the quantity ordered;

  • a product that does not match its description;

  • the absence of a feature announced before purchase;

  • a defect preventing the product from being used as normally expected;

  • a manufacturing defect meeting the statutory warranty conditions.

Each claim is assessed based on the nature of the defect and the applicable legal provisions.

5. WHAT DOES NOT NECESSARILY CONSTITUTE A LACK OF CONFORMITY

The statutory conformity warranty does not automatically cover an issue resulting in particular from:

  • improper use of the product by the customer;

  • failure to follow the care instructions;

  • damage caused by the customer after delivery;

  • normal wear and tear of the product;

  • a voluntary alteration of the product;

  • a sizing error made by the customer when BESHAP correctly shipped the size ordered.

This list does not limit the rights granted to the consumer when the conditions for a legal guarantee are actually met.

6. CHOICE BETWEEN REPAIR AND REPLACEMENT

When a lack of conformity is covered by the legal guarantee of conformity, the consumer may request that the product be brought into conformity under the conditions provided for by the Consumer Code.

Bringing the product into conformity may take the form of:

  • repair;

  • or replacement.

The choice requested by the consumer may be rejected in certain situations provided for by law, particularly when it is impossible or entails disproportionate costs compared with the other solution.

When refusal of the requested solution is legally possible, it must be justified in accordance with the applicable regulations.

For certain textile or lingerie products, replacement may in particular be more suitable than repair when the nature of the product so justifies.

7. DEADLINE FOR BRINGING THE PRODUCT INTO CONFORMITY

When the legal guarantee of conformity applies, bringing the product into conformity must take place under the conditions provided for by the Consumer Code and, in principle, within a period not exceeding within 30 days following the consumer's request.

It must be carried out:

  • at no cost to the consumer;

  • without causing a major inconvenience to the consumer;

  • taking into account the nature of the goods and the intended use.

8. WARRANTY-RELATED COSTS

When a claim validly falls under the legal guarantee of conformity, bringing the product into conformity must not incur any costs for the consumer under the conditions provided by law.

When BESHAP requests the return of a product in order to implement the warranty, any costs that must legally be borne by the seller will not ultimately be charged to the consumer.

9. PRICE REDUCTION OR TERMINATION OF THE CONTRACT

In certain situations provided for by law, the consumer may obtain:

  • a price reduction;

  • or termination of the contract with a refund upon return of the product.

These solutions may in particular become applicable when:

  • BESHAP validly or unjustifiably refuses to bring the product into conformity;

  • bringing the product into conformity is impossible;

  • the repair or replacement exceeds the applicable statutory deadline;

  • bringing the product into conformity causes a major inconvenience for the consumer;

  • the lack of conformity persists despite an attempt to bring the product into conformity;

  • or the lack of conformity is sufficiently serious to immediately justify one of these remedies.

When the lack of conformity is minor, termination of the contract may be excluded under the conditions provided by law.

10. REPAIRED OR REPLACED PRODUCT

When the statutory conditions are met, repairing or replacing a product under the legal guarantee may affect the remaining duration of the guarantee in accordance with the Consumer Code.

The applicable rights are those provided for by the regulations in force at the time the guarantee is processed.

11. GUARANTEE AND LINGERIE / SHAPEWEAR

The legal guarantees also apply to BESHAP products such as:

  • lingerie;

  • girdles;

  • bodysuits;

  • shaping shorts;

  • shapewear;

  • underwear;

  • clothing.

The fact that a product is worn close to the body does not remove the legal guarantee of conformity.

Thus, if a product is genuinely defective or does not correspond to what was ordered, BESHAP cannot automatically reject the claim solely on the grounds that it is a lingerie item.

12. LABELS, TAGS AND BESHAP POUCH

BESHAP products may be delivered in particular with:

  • their labels;

  • their tags;

  • their BESHAP plastic pouch.

The absence, removal, or condition of these items may be relevant to certain claims covered by the voluntary 30-day commercial exchange policy.

However, these commercial conditions do not allow BESHAP to remove a legal guarantee of conformity when the conditions of this guarantee are effectively met.

Thus, a genuinely defective product does not automatically lose its legal guarantee simply because its tag has been removed or its pouch has been opened.

13. GUARANTEE AND RIGHT OF WITHDRAWAL

The legal guarantee of conformity and the right of withdrawal are two different mechanisms.

Right of withdrawal

When applicable, it allows the consumer to withdraw from their distance purchase within the statutory period without having to demonstrate that the product is defective.

Legal guarantee of conformity

It concerns a product presenting a lack of conformity meeting the conditions provided by law.

Exceeding the 14-day withdrawal period therefore does not remove the two-year legal guarantee of conformity.

14. 30-DAY GUARANTEE AND COMMERCIAL EXCHANGE

The BESHAP policy allowing certain exchanges during 30 days constitutes an additional commercial option.

It does not replace the legal guarantees.

Therefore:

30 days = BESHAP commercial policy

2 years = period applicable to the legal guarantee of conformity under the conditions provided by law

The expiry of the 30-day commercial exchange period therefore does not mean that the consumer loses their legal guarantees.

15. GUARANTEE AGAINST HIDDEN DEFECTS

Regardless of the legal guarantee of conformity, the buyer may also benefit from the guarantee against hidden defects provided for in the articles Articles 1641 to 1649 of the Civil Code.

This guarantee concerns hidden defects that meet the conditions laid down by the Civil Code, in particular when they render the product unfit for the use for which it is intended or so substantially diminish that use that the buyer would not have purchased it, or would have paid a lower price, had they known of them.

16. TIME LIMIT FOR LATENT DEFECTS

An action arising from latent defects must be brought within the period provided by law, in particular within two years from the discovery of the defect, subject to the other applicable limitation rules.

17. REMEDIES IN THE EVENT OF A LATENT DEFECT

When the conditions of the guarantee against latent defects are met, the buyer may benefit from the remedies provided for by the Civil Code.

Depending on the situation, this may notably allow the buyer to:

  • keep the product and obtain a price reduction;

  • or return the product and obtain a refund of the price in accordance with the legal conditions.

18. HOW TO REQUEST THE APPLICATION OF A WARRANTY?

To report a defect, contact:

Email: support@beshap.com

or:

WhatsApp: +33 7 68 83 44 11 — messages only

Please indicate, if possible:

  • your first and last name;

  • your order number;

  • the product reference;

  • the product concerned;

  • the date of receipt;

  • a precise description of the problem;

  • the date on which the defect was discovered;

  • photographs identifying the defect where these are useful.

19. SUPPORTING DOCUMENTS

BESHAP may request the information reasonably necessary in order:

  • to identify the order;

  • to identify the product;

  • to understand the defect;

  • to determine the appropriate solution.

However, a customer is not deprived of their legal rights solely because they no longer have the BESHAP packaging or pouch when their claim actually falls under a legal guarantee.

20. RETURN OF THE DEFECTIVE PRODUCT

When examination of the product is necessary, customer service will provide the consumer with return instructions.

Do not send the product spontaneously to the registered office located at 60 rue François Ier, 75008 Paris, unless expressly instructed by BESHAP.

The appropriate logistics address will be provided by customer service.

21. THE SELLER REMAINS THE CUSTOMER'S CONTACT

For the legal guarantee of conformity, the consumer may contact directly BESHAP in its capacity as seller.

The consumer does not have to contact the manufacturer or supplier themselves in order to enforce the warranty for which BESHAP is legally responsible.

22. CUSTOMER SERVICE FOR WARRANTIES

BESHAP

Email: support@beshap.com

WhatsApp: +33 7 68 83 44 11 — messages only

Opening hours: Monday to Saturday, from 10:00 a.m. to 9:00 p.m., Paris time.

Postal address:

BESHAP
60 rue François Ier
75008 Paris
France

This address corresponds to the registered office and is not necessarily the logistics address for product returns.