Terms of sale

Last updated: Nice, 18/11/2024

Please note that these Terms of Sale were translated from French for the sole purpose of information. The French document prevails. Any legal dispute is submitted to French law.

ARTICLE 1 – COMPANY & LEGAL NOTICES

The website: https://www.shababik.shop, hereinafter the “Site” is published by the company SHABABIK, a limited liability company with capital of €5,000, registered with the RCS of NICE under number 504330754, with intra-community VAT number FR41984673038 and whose head office is located at 10 rue Benoît Bunico, 06300 Nice (hereinafter “SHABABIK”)

Tel: +33 (0)7 44 95 14 14
Email: contact[at]shababik.shop
Responsible for publication: SHABABIK SARL

The store is hosted by the company SHOPIFY Inc. whose head office is located at 126 York St. Ottawa, ON KIN 5T5, Canada.

At any time, Customers may contact SHABABIK customer service using the contact details specified in Article 11.3.

ARTICLE 2 – SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter the "GTC") apply, without restriction or reservation, to all sales concluded by SHABABIK with consumers and non-professional buyers ("Customers or the Customer") wishing to purchase the products offered for sale by SHABABIK ("Products") on the Site.

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These GTC may be supplemented by specific conditions, set out on the website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document. They are accessible at any time on the Site.

The Customer declares that they have read these General Terms and Conditions and have accepted them before placing their order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions. The fact that SHABABIK does not avail itself of any provision of the General Terms and Conditions shall not be interpreted as a waiver of its right to avail itself of it at a later date.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

ARTICLE 3 – PRODUCTS OFFERED FOR SALE

3.1. General – The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site in the product sheets and the SHABABIK catalog. The Customer is required to read them before placing any order. They are described as precisely as possible (product sheets, photographs, etc.). The photographs used by SHABABIK to present the products have no contractual value. If necessary, the Customer is invited to contact SHABABIK customer service to obtain any useful details.

The choice and purchase of a Product are the sole responsibility of the Customer.

3.2. Availability – Product offers are understood to be within the limit of available stocks, as specified when placing the order. In the event of stock depletion, SHABABIK will endeavour to indicate this clearly and to make it impossible to purchase the product concerned. Despite all precautions taken, it may exceptionally happen that a product ordered is no longer available. In such a case, SHABABIK undertakes to immediately inform the Customer and, where applicable, to reimburse the Customer for the full amount paid using the same means of payment previously used by the Customer.

3.3. Territories – The Products presented on the Site are offered for sale in the following territories: Metropolitan France, Corsica, Monaco, Andorra, San Marino, the Vatican and the countries of the European Union (unless otherwise specified on the Site or on any other medium concerning geographical areas not served). In the event of an order to a country other than Metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.
Unless proven otherwise, the data recorded in SHABABIK's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to the address of SHABABIK, mentioned above.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

ARTICLE 4 – ORDERS

4.1. Selection of products and verification of the basket – After having read the products offered by SHABABIK and having, if necessary, contacted SHABABIK customer service, the Customer is invited to add one or more products to their virtual basket. A summary of their order is then offered to them (product reference, quantities, unit price, price including tax, etc.) so that they can, if necessary, modify their order before completing it. On this occasion, SHABABIK informs the Customer of the authorized payment methods, delivery methods, the option they have to return the products ordered within 14 days from the date of their delivery, etc.

4.2. Identification, address and delivery method – Once their order has been verified, the Customer is invited to: (i) identify themselves using their SHABABIK identifiers or by completing the mandatory fields if they decide to continue their order without registering; (ii) choose or enter their billing and delivery addresses; (iii) select the terms of delivery of the products (deadlines, method, price, etc.) from the options offered.

4.3. Payment and confirmation of the order – Finally, the Customer (i) is informed that their order implies an obligation to pay and that the personal data necessary for the execution of their order and the T&Cs are collected by SHABABIK, (ii) chooses a payment method from those offered, (iii) accepts the T&Cs and (iv) proceeds to payment. The Customer may also (v) choose whether or not personal data concerning them is collected and processed by SHABABIK under the conditions of Article 11. A confirmation message summarizing the essential characteristics of their order and containing (or allowing them to download or print) the T&Cs is then sent to them (failing this, the Customer is invited to contact SHABABIK's customer service). The registration of an order on the Site is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order.

The sale is only final after sending the Customer confirmation of acceptance of the order by SHABABIK by email, which must be sent without delay and after receipt by the latter of the full price.

Any order placed, validated by the Customer and confirmed by SHABABIK, under the conditions and according to the terms described above, on the Site constitutes the formation of a contract concluded remotely between the Customer and SHABABIK.

4.4. Order by telephone – After having read all the essential characteristics of the products marketed by SHABABIK and these general terms and conditions of sale listing all of its rights, the Customer is invited to select and specify to SHABABIK the product(s) that he/she intends to order (reference number, color, etc.), to send it all the information useful for the execution of his/her order (contact details, delivery address, etc.) and then to pay for his/her order using one of the payment methods offered. A confirmation message will then be sent to him/her under the conditions provided for in article 4.3 above.

4.5. Right to cancel or refuse an order – SHABABIK reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

SHABABIK does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. SHABABIK therefore reserves the right to refuse orders for the same Product in large quantities.

4.6. Modification of the order – Once confirmed and accepted by SHABABIK, under the conditions described above, the order cannot be modified.

4.7. Cancellation of the order – Once confirmed and accepted by SHABABIK, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

ARTICLE 5 – PRICE AND PAYMENT OF THE PRICE

The prices take into account any reductions that may be granted by SHABABIK on the Site. SHABABIK may organize various promotional operations, in particular in the form of announcements of price reductions in the context of, in particular, private sales or sales. Price reductions are established in relation to reference prices that generally correspond to the prices offered to current customers outside the reduction period in question, i.e. to Customers who do not have a customer account with SHABABIK and who therefore do not receive a personalized invitation to participate in the promotional operation.

SHABABIK reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in effect at the time of validation of the order. In the event that an abnormally low price is indicated due to a technical or human error, SHABABIK reserves the right to ask the Customer to supplement the price already paid or to allow him to cancel his order by reimbursing him for the full amount already paid.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to the validation of the order by the Customer, are entirely at the Customer's expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by SHABABIK and given to the Customer upon delivery of the Products ordered.

The order on estimate is only considered accepted after payment of the full price and costs. An invoice is drawn up by SHABABIK and given to the Customer upon delivery of the Products ordered.

5.3. Payment terms – The price is payable in cash, in full on the day the order is placed by the Customer by secure payment, according to the following methods: bank card (Visa, MasterCard and American Express), and Apple Pay.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the refund of the corresponding amounts.

SHABABIK uses Shopify services which ensure the secure transmission, by means of the SSL protocol, of bank card numbers. Exceptionally, SHABABIK reserves the right to suspend an order and to ask its Customers for any additional useful INFORMATION in order to guarantee the absence of fraudulent use of a means of payment. SHABABIK also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 6 – DELIVERY

6.1. General – The delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered. In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use, the installation instructions and a written document mentioning the possibility of making reservations as well as the commercial guarantee.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

6.2. Delivery methods – When placing their order, Customers are invited to choose from the delivery methods offered by SHABABIK. As a general rule, the delivery methods eligible for delivery in mainland France, Corsica, Monaco or Andorra are the provision of delivery by Colissimo or Chronopost to the address provided by the Customer or by Mondial Relay to a relay point. For deliveries outside the aforementioned territories (unless otherwise specified on the Site or on any other medium for geographical areas not served), deliveries outside France are made by Colissimo and its international partners to the address provided by the Customer. In the event that deliveries must be made to the address provided by the Customer, the carrier may contact the Customer to inform them of a delivery date and/or make an appointment for such a date. Any shipment of an order will be notified by SHABABIK to the Customer by sending an email allowing, where applicable, to track its delivery. Delivery will be deemed to have been made when the Customer or a third party designated by him, and other than the carrier proposed by SHABABIK, takes physical possession of the product.

6.3. Delivery costs – Delivery costs are indicated in euros including VAT and are the responsibility of the Customers. These costs may vary depending on the delivery method, the weight of the products and the place of delivery. The delivery costs are notified to Customers when they place an order.

In France, home delivery costs by Colissimo/Chronopost are calculated based on weight according to the following scale:

€4.90: <0,25 kg
€9.90: <1 kg
€13.90: 1.1 kg – 5 kg
€17.90: 5.1 kg – 10 kg
€24.90: 10.1 kg – 20 kg

Delivery to a relay point with Mondial Relay is billed at €6.90. It is free for orders of €200 or more.

Delivery is free of charge to addresses in the centre of Nice.

For our customers outside mainland France, Corsica, Monaco and Andorra, shipping costs are calculated based on the weight of the products ordered.

Zone 1: Germany, Belgium, Luxembourg, Netherlands.
12 €: 0 kg – 1kg
14 €: 1,1 kg – 5 kg
18 €: 5,1 kg – 10 kg
23 €: 10,1 kg – 15 kg
27 €: 15,1 kg – 20 kg

Zone 2: Austria, Spain (excluding Balearic Islands, Canary Islands, Ceuta and Melilla), Italy, Portugal (excluding Azores and Madeira), Ireland, San Marino, Vatican.
13 €: 0 kg – 1kg
17 €: 1,1 kg – 5 kg
22 €: 5,1 kg – 10 kg
27 €: 10,1 kg – 15 kg
31 €: 15,1 kg – 20 kg

Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, Czech Republic.
15 €: 0 kg – 1kg
18 €: 1,1 kg – 5 kg
29 €: 5,1 kg – 10 kg
39 €: 10,1 kg – 15 kg
47 €: 15,1 kg – 20 kg

Zone 4: Bulgaria, Cyprus, Croatia, Spain (Balearic Islands, Canary Islands, Ceuta and Melilla), Finland, Greece, Malta, Norway, Romania, Portugal (Azores and Madeira).
17 €: 0 kg – 1kg
21 €: 1,1 kg – 4 kg
29 €: 4,1 kg – 6 kg
36 €: 6,1 kg – 7 kg
44 € : 7,1 kg – 10 kg
65 €: 10,1 kg – 15 kg
75 €: 15,1 kg – 20 kg

6.4. Place of delivery – Deliveries can be made to mainland France, Corsica, Monaco, Andorra, San Marino, the Vatican and countries of the European Union (unless otherwise specified on the Site or on any other medium for geographical areas not served). Deliveries are made to the address provided by the Customer or to a relay point.

6.5 – Delivery times – As a general rule, delivery times are between 2 and 5 days for mainland France, Corsica, Monaco and Andorra and 5 to 10 days outside these territories, to which are added the delivery times of the carrier. SHABABIK undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, it is clearly specified that these times are given for purely indicative purposes and cannot be binding on SHABABIK. In the event of a delay, SHABABIK cannot be held liable, and no claim for compensation may be made by the customer to SHABABIK. The delivery of several products from the same order may be fragmented (the Customer will be informed by email).

6.6. Transfer of ownership – Transfer of risks – The transfer of ownership of SHABABIK's Products to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products. The Products ordered therefore remain the property of SHABABIK until their full payment.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time of delivery of the Products by SHABABIK to the carrier chosen by the Customer.

6.7. Apparent anomaly upon delivery – Any apparent anomaly concerning an order (number of units, condition of packaging, etc.) must be indicated precisely (detailed description of the anomaly) by the Customer on the carrier's delivery note, in the presence of the latter. The Customer must immediately inform SHABABIK Customer Service by providing any useful evidence (photograph, description of the anomaly, etc.). An apparent anomaly is understood to be any anomaly that should normally be detected by a normally attentive and informed consumer.

Failing this, the products will be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve his rights vis-à-vis the carrier under the conditions provided for in Article L.133-3 of the French Commercial Code. Reasoned confirmation of the anomaly to the carrier by sending a registered letter within 3 days, not including public holidays, following the day of receipt of the products concerned.

ARTICLE 5 – PRICE AND PAYMENT OF THE PRICE

5.1. Price – The Products are provided at the current rates appearing on the Site, when the order is registered by SHABABIK. The prices are expressed in Euros, all French taxes included (French VAT and other applicable taxes), excluding delivery costs which are notified to the Customer when he places the order. In the event of a change in the VAT rate, the price will be automatically modified without any notice other than the due date of the new rate. For orders exempt from VAT, the provisions of the General Tax Code will apply. The prices take into account any reductions that may be granted by SHABABIK on the Site. SHABABIK may organize various promotional operations, in particular in the form of announcements of price reductions in the context of, in particular, private sales or sales. Price reductions are established in relation to reference prices that generally correspond to the prices offered to current customers outside the reduction period in question, i.e. to Customers who do not have a customer account with SHABABIK and who therefore do not receive a personalized invitation to participate in the promotional operation. SHABABIK reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in effect at the time of validation of the order. In the event that an abnormally low price is indicated due to a technical or human error, SHABABIK reserves the right to ask the Customer to supplement the price already paid or to allow him to cancel his order by reimbursing him for the full amount already paid. Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order. If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to the validation of the order by the Customer, are entirely at the Customer's expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by SHABABIK and given to the Customer upon delivery of the Products ordered.

5.2. Order on estimate and by telephone – Possible specific orders from the Customer may be considered. If applicable, they will be the subject of a quote previously accepted by the latter. The quotes drawn up by SHABABIK are valid for a period of FIFTEEN (15) days from their date of establishment. The order on estimate is only considered accepted after payment of the full price and costs. An invoice is drawn up by SHABABIK and given to the Customer upon delivery of the Products ordered. 5.3. Payment terms – The price is payable in cash, in full on the day the order is placed by the Customer by secure payment, according to the following methods: bank card (Visa, MasterCard and American Express), and Apple Pay. Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the refund of the corresponding amounts. SHABABIK uses Shopify services which ensure the secure transmission, by means of the SSL protocol, of bank card numbers. Exceptionally, SHABABIK reserves the right to suspend an order and to ask its Customers for any additional useful INFORMATION in order to guarantee the absence of fraudulent use of a means of payment. SHABABIK also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 6 – DELIVERY

6.1. General – The delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered. In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use, the installation instructions and a written document mentioning the possibility of making reservations as well as the commercial guarantee.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. Concerning delivery: I had already adapted these terms in the T&Cs currently on the site. Could you go and see them to tell me if I can leave them as they are by completing them with the parts you have added? Or should we completely delete the details concerning delivery costs etc. as you write in the comment?

Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty recourse against SHABABIK in the event of failure to deliver the goods transported.

6.3. Delivery costs – Delivery costs are indicated in euros including tax and are the responsibility of the Customers. These costs may vary depending on the delivery method, the weight of the products and the place of delivery. The delivery costs are notified to Customers when they place an order.

ARTICLE 7 – GUARANTEES

7.1. General – The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by SHABABIK benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,

from the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
from the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

7.2. Legal guarantee of conformity – SHABABIK undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the Consumer Code.

It is liable for defects in conformity existing at the time of delivery of the Products and which appear within two years of delivery.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code, the limitation period starting to run on the day the Customer becomes aware of the lack of conformity.

Lack of conformity that appears within twenty-four months or twelve months in the case of second-hand goods from the delivery of the Products are, unless proven otherwise, presumed to exist at the time of delivery.

In the event of a lack of conformity, the Customer may demand that the Products delivered be brought into conformity by repair or replacement or, failing that, a reduction in the price or the cancellation of the sale, under the legal conditions.
It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until SHABABIK has fulfilled its obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

It is up to the Customer to request that SHABABIK bring the Products into conformity, choosing between repair and replacement. The compliance of the product takes place within a period not exceeding thirty days following the Customer's request.

The repair or replacement of the non-compliant Product includes, if applicable, the removal and recovery of the Product as well as the installation of the Product brought into compliance or replaced.

Any Product brought into compliance under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

In the event of replacement of the non-compliant Product when, despite the Customer's choice (,) compliance has not been carried out by SHABABIK, the replacement starts, for the Customer's benefit, a new period of legal guarantee of conformity, from the delivery of the replaced Product.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, SHABABIK may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

The Customer may finally demand a price reduction or the resolution of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies the price reduction or the immediate resolution of the sale, the Customer is not required to request the repair or replacement of the non-compliant Product in advance.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of resolution of the sale, the Customer is reimbursed for the price paid against return of the non-compliant Products to SHABABIK, at the latter's expense.
The refund is made upon receipt of the non-compliant Product or proof of its return by the Customer and at the latest within fourteen days thereafter, with the same means of payment as that used by the Customer when paying, unless expressly agreed otherwise by the latter and in any event without additional costs. The preceding provisions are without prejudice to the possible allocation of damages to the Customer, for the loss suffered by the latter due to the lack of conformity.

7.3. Legal guarantee against hidden defects – SHABABIK is liable for hidden defects within the framework of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

The Customer may decide to implement the guarantee against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

7.4. Exclusion of warranties – SHABABIK shall not be held liable in the following cases:

non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check before placing an order,
in the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

Article D 211-2 of the Consumer Code concerning legal guarantees of conformity and hidden defects:

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund against return of the good, if: 1° The professional refuses to repair or replace the good; 2° The repair or replacement of the good occurs after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired or replaced good; 4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the good in advance. The consumer is not entitled to the termination of the sale if the lack of conformity is minor. Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained to run until the delivery of the good repaired. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who hinders in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1. Scope – Customers are informed that they have the right to withdraw without giving any reason within a period that expires 14 days after the day on which they, or a third party other than the carrier and designated by them, takes physical possession of the goods. In the case of an order for several Products delivered separately or for a Product delivered in several batches or pieces, this period expires on the day on which the last good/batch/piece is taken possession of. The day on which the order is concluded or the day of receipt of the Product is not included in this period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

8.2. Exclusion – The right of withdrawal cannot be exercised for contracts listed in Articles L. 221-2 and L. 221-28 of the Consumer Code, in particular:

For the supply of goods made to the consumer's specifications or clearly personalized;
For the supply of goods likely to deteriorate or expire rapidly;
For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
For the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
For the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period;
Regarding a tourist package, the use of timeshare or long-term vacation products, the transport of people.

8.3. Conditions – The Customer does not have to provide reasons or pay a penalty for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within a maximum of 14 days following the communication of the decision to withdraw to the following address: 10 rue Benoît Bunico, 06300 Nice, France.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by SHABABIK, or any other declaration, free of ambiguity, expressing the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will be borne by the Customer.

The refund will be made within a maximum of 14 days from the notification to SHABABIK of the decision to withdraw.

8.4. Retention – The liability of Customers who exercise their right of withdrawal may be incurred with regard to the depreciation of the good concerned resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this good. Finally, as an exception, provided that it is justified and informed in advance, SHABABIK reserves the right to invoice the Customer for compensation proportional to the management costs required to deal with the abusive or bad faith exercise of the right of withdrawal (Returned product not corresponding to the product purchased, etc.) after having formally notified the Customer to submit, within eight (8) days, its observations on the grievance with which it is charged and in the event that the latter does not provide a satisfactory response.

ARTICLE 9 – PROTECTION OF PERSONAL DATA

9.1. General – In application of Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular. SHABABIK undertakes to process the personal data collected in accordance with the regulations in force. In this context, SHABABIK undertakes, except for exceptions provided for by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example using cookies).
This data may be communicated to SHABABIK's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data. This data is collected and processed for the purposes of customer management, loyalty and promotion, statistics, management of unpaid debts, litigation and customer reviews, etc. It is kept for the period strictly necessary for the accomplishment of these purposes and is never communicated to third parties, unless this is necessary for the execution of the General Terms and Conditions. The fact that a Customer does not communicate to SHABABIK the data concerning him/her entered as mandatory may result in making any use of the Site impossible. The Customer has the right to withdraw his/her consent, portability, access, rectification, updating and deletion of his/her data, which he/she can exercise by contacting SHABABIK's customer service. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.

This right may be exercised under the conditions and according to the methods defined on the Site.

9.2. Cookies – A cookie is a file installed on the computer, mobile phone, tablet or any other mobile terminal when accessing the Site for the purpose of storing, collecting and reading various information relating in particular to browsing habits (e.g. date and place of connection, language used, number and type of pages visited, browsing preferences, etc.). SHABABIK uses cookies to allow its Customers to browse the Site and use its functions, measure the Site's audience and for the purposes of targeted advertising. Beforehand, SHABABIK always ensures that it obtains the consent of its Customers by means of a banner displayed on the Site. These cookies are used by SHABABIK for a maximum period of 13 months. Beyond this period, SHABABIK asks its Customers for their consent again. Customers have the option to configure, block or delete the cookies installed on their devices by configuring their browser options according to the CNIL recommendations available here: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

On Mozilla Firefox

Open the "Tools" menu, then select "Options"
Click on the "Privacy" tab
Then choose the desired options
Or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies

On Microsoft Internet Explorer

Open the "Tools" menu, then select "Internet Options"
Click on the "Privacy" tab
Then the "Advanced" tab, choose the desired level
Or follow this link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

On Safari

Choose "Safari" > "Preferences"
Then click on "Security"
In the "Accept cookies" section, choose the desired options
Or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

On Google Chrome

Open the configuration menu (wrench logo), then select "Options"
Click on "Advanced options"
Then in the "Privacy" section
Click on "Content settings", and choose the desired options
Or follow the following link: https://support.google.com/chrome/answer/95647?hl=fr

On iOs

http://support.apple.com/kb/HT1677?viewlocale=fr_FR

ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the Site is the property of SHABABIK and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – APPLICABLE LAW - PROCESSING OF CLAIMS - LIABILITY

11.1. Applicable law – These General Terms and Conditions and the operations resulting from them are governed by French law.

11.2. French language – These General Terms and Conditions are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

11.3. Customer Service: At any time, customers can contact Shababik's customer service by telephone at +33 (0)7 44 95 14 14 (Monday to Friday from 10 a.m. to 5 p.m.), by email by writing to contact[at]shababik.shop or by post to Shababik, 10 rue Benoît Bunico, 06300 Nice.

11.4 Customer Failure – Failure by the Customer to comply with the obligations set out in the General Terms and Conditions (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Site, or even the termination of the Customer's account depending on the seriousness of the actions in question, without prejudice to any damages that SHABABIK may seek.

11.5. SHABABIK’s liability – Unless otherwise provided by public order law, SHABABIK cannot be held liable for indirect damages caused by its actions or the products marketed remotely or for damages of any kind resulting from the unavailability of the Site. SHABABIK will also be exonerated from all or part of its liability in the event that it proves that the alleged damage was caused by the actions of the victim, a third party or in the event of force majeure as defined by Article 1218 of the Civil Code. In addition, the parties acknowledge that the following events will automatically be considered as cases of force majeure if they are reasonably beyond the control of SHABABIK and despite the fact that they do not meet all of the conditions set out in case law: strikes (announced or not) affecting the performance, by SHABABIK and/or its own suppliers, of their contractual obligations, contractual non-performance by SHABABIK resulting from the actions of its suppliers (delay in delivery by the supplier, etc.) or its carriers (delay, loss of goods, etc.), lockouts, difficult weather conditions (frost, bad weather, etc.) as well as any event beyond the control of SHABABIK which makes impossible or calls into question the financial balance existing on the day the order is placed.

11.6. Mediation – In the event that a dispute could not have been previously resolved directly between the parties, the Customer is informed that he has the right to use a consumer mediator free of charge with a view to the amicable resolution of his dispute, after having read the information published on the website of the e-commerce Mediation mediator and completed the online form. The Customer may also attempt to resolve his dispute through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.

11.7. Dispute resolution – All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and follow-ups and which could not have been resolved between SHABABIK and the Customer will be submitted to the competent courts under the conditions of common law.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.

ARTICLE 12 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The Customer acknowledges having been informed by SHABABIK in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:

on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the responsibility of SHABABIK. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities
on the price of the Products and the application of a personalized price based on automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
on the terms of payment, delivery and execution of the sales contract;
in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
on the identity of SHABABIK and all of its contact details;
on the existence and terms of implementation of the guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and where applicable, on the after-sales service;
on the possibility of using a consumer mediator, whose contact details appear in these General Terms and Conditions of Sale, under the conditions provided for in the Consumer Code
on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the terms of termination, the processing of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and the deposits and financial guarantees;
on the means of payment accepted.

The fact that a Customer places an order on the Site implies full acceptance and adherence to these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against SHABABIK.

ARTICLE 13 – APPENDIX 1: WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Site, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions.
For the attention of SHABABIK, 10 rue Benoît Bunico, 06300 Nice.
I hereby notify the withdrawal of the contract relating to the order of products below:

Ordered on ....... / Received on .........
Order number: ...........................................................
Customer name: ...........................................................................
Customer address: .......................................................................

Customer signature (only in case of notification of this form on paper):
Date: ..................................

Ceramics

Glassware

Brassware

Mouneh

Jewellery

Readings

Subtotal:

Shop

Terms of sale

Where to find us

Follow our journey

Country/region

Language