Terms and Conditions of Sale and Use

Article 1 – Purpose and scope

The Shoppiva website (the “Site”) is published and operated by CPM Consulting FZ LLC (“we”, “us” or “our”), whose registered office is located at the following address: A1-1210A Building no. A1 Al Hamra Industrial Zone-FZ, Ras Al Khaimah, AE. Full details of the publisher are set out in our Legal Notice.

These terms and conditions of sale and use (the “Terms”) govern access to the Site and all sales of products concluded on the Site between CPM Consulting FZ LLC and its customers.

They are supplemented by our Shipping Policy, our Returns and Refunds Policy, our Warranties page and our Privacy Policy, which form an integral part of them.

Placing an order requires your prior acceptance of the Terms, which are presented to you before you confirm your order. The applicable Terms are those in force on the date of your order.

Article 2 – Definitions

In these Terms, the following words have the meanings given below:

• Customer: any person who places an order on the Site.
• Consumer: any natural person acting for purposes outside their commercial, industrial, craft, professional or agricultural activity, within the meaning of the preliminary article of the French Consumer Code (Code de la consommation).
• Order: a request to purchase one or more products, confirmed by the Customer on the Site.
• Product: any item offered for sale on the Site.
• Service: all the features of the Site that allow you to browse and purchase the Products.
• Visitor: any person who browses the Site without placing an order.

Article 3 – Access to the Site and capacity

To place an order, you declare that you are of legal age in your country of residence and have the legal capacity to enter into a contract. You are responsible for the use of the Site by any minor in your care.

We make every effort to keep the Site accessible at all times, but we cannot guarantee uninterrupted availability. Access may be suspended, in particular for maintenance or updates.

We may suspend or refuse access to the Service to anyone who does not comply with these Terms, without affecting orders already concluded or your statutory rights.

Article 4 – Products

The essential characteristics of each Product are presented on its product page. We take the greatest care in describing and presenting them. However, photographs and images are provided for illustrative purposes only: colours may vary depending on your screen settings.

Products are offered while stocks last. If an ordered Product turns out to be unavailable, we will inform you as soon as possible and refund the amounts paid for that Product.

We may limit the quantities of the same Product per order, per customer or per household, or restrict the sale of certain Products in certain countries, for legitimate reasons. We may also withdraw a Product from the catalogue at any time, without affecting orders already confirmed.

Article 5 – Prices

Prices are shown in US dollars, inclusive of all taxes.

The discount percentages shown on the Site (for example “up to −40%”) refer to the reduction in the unit price when you buy several units of the same Product, compared with the price of a single unit bought on its own. They do not refer to a reduction compared with a price previously charged on the Site.

Delivery charges are detailed in our Shipping Policy and shown before you confirm your order.

We may change our prices at any time. The applicable price is the one displayed when you confirm your order.

Article 6 – Orders

To place an order, select the Product or Products you want, enter your contact details and delivery address, then check your order summary (Products, quantities, prices, delivery charges) and correct it if necessary.

By confirming payment, you accept the price and these Terms, and you undertake to pay. Your order is definitively confirmed as soon as your bank accepts the payment.

An order confirmation is sent to you by email. We recommend that you keep it.

You undertake to provide accurate and complete information, in particular your email address and delivery address, and to notify us of any error without delay. We cannot be held responsible for a late or failed delivery resulting from incorrect information you have provided.

We may refuse or cancel an order for a legitimate reason, in particular in the event of a previous unresolved dispute, suspected fraud or an obvious pricing error. Any amounts charged will then be refunded to you in full.

Article 7 – Changing and cancelling an order

Your order is automatically passed to our logistics centre 24 hours after it has been confirmed, so that we can meet our shipping times.

Any request to change or cancel an order must therefore reach us within 24 hours of your order confirmation, by email to contact@shoppiva.com. After this period, the order is being prepared and can no longer be changed or cancelled.

If the cancellation is accepted, the refund is processed within 5 to 10 business days, depending on your bank, to the payment method used for the order.

After this 24-hour period, you retain your right of withdrawal once you have received your order (see Article 11).

Article 8 – Extended warranty and additional offers

At checkout, you may be offered an optional extended commercial warranty. Its duration, what it covers and its cancellation terms are set out on our Warranties page. Once your payment has been confirmed, other additional offers may be presented to you, for example an extra product.

Each of these offers clearly displays its price. It is only added to your order, and charged, with your express consent, given by clicking the dedicated button. If you do not wish to take it up, simply continue without accepting it: your original order remains unchanged.

Products and services accepted in this way are subject to these Terms, including the right of withdrawal.

Article 9 – Payment

Payment is made online, securely. All payments made on the Site are processed by our payment provider, Stripe. Accepted payment methods: Visa, Mastercard, Apple Pay, and Google Pay.

You will be asked for your payment details during checkout: simply follow the instructions on screen.

The order amount is charged in US dollars immediately, as soon as your bank accepts the payment, and not at the time of shipping.

Your bank may verify your payment, in particular through 3-D Secure authentication (a security check carried out by your bank): you may then be asked to confirm the payment, for example in your banking app or with a code received by text message.

Once your purchase is complete, we only see your billing and shipping information, your order details and the last 4 digits of your card. The protection of your payment data is described in Articles 2 and 7 of our Privacy Policy.

Cancelling an order and the related refund are covered in Article 7. For returns and refunds after delivery, please see our Returns and Refunds Policy.

Article 10 – Delivery

Products are delivered to the address given when you place your order. We currently deliver to the following countries: Austria, Australia, Czechia, Spain, France, Norway, New Zealand, Sweden, United Kingdom, United States, Canada, and Switzerland. Delivery times, charges and arrangements are detailed in our Shipping Policy.

The risk of loss of or damage to the Products passes to you when you, or a third party designated by you, take physical possession of them.

If the stated delivery time is exceeded, you have the rights provided for in Articles L216-1 et seq. of the French Consumer Code (Code de la consommation).

Article 11 – Right of withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code, you have fourteen (14) days from receipt of your order to exercise your right of withdrawal, without having to give any reason.

In addition, our commercial policy allows you to return a Product to us within thirty (30) days from the day after you receive it. This policy is in addition to your statutory right of withdrawal and in no way reduces it.

The conditions for exercising this right, the procedure, the withdrawal form and the statutory exceptions are set out in our Returns and Refunds Policy.

Article 12 – Legal guarantees

All Products are covered by the legal guarantee of conformity provided for in Articles L217-3 et seq. of the French Consumer Code, for a period of two (2) years from delivery of the item (that is, from the moment you receive it), as well as by the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code (Code civil).

An optional extended commercial warranty may be added to these (see Article 8). It does not replace the legal guarantees, which continue to apply in all cases.

Details of these guarantees and how to make a claim are set out on our Warranties page.

Article 13 – Liability

We are responsible for the proper performance of the obligations arising from the distance contract, in accordance with Article L221-15 of the French Consumer Code.

However, we cannot be held liable where the non-performance or improper performance of the contract is attributable to you, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.

We are not liable for damage resulting from use of the Products that does not comply with their intended purpose or with the instructions provided, nor for interruptions to the Site due to causes beyond our control.

To the extent permitted by law, our liability is limited to direct and foreseeable damage. These limitations do not apply to personal injury, gross negligence or wilful misconduct, nor to the rights that the law grants to consumers on a mandatory basis, in particular those provided for by the French Consumer Code and the French Civil Code.

Article 14 – Intellectual property

The Site and all its content (text, images, logos, layout) are protected by intellectual property law.

It is prohibited to reproduce, copy, sell, resell or exploit all or part of the Site or its content without our prior written permission.

Article 15 – Reviews and contributions

When you send us a review, comment or suggestion, you authorise us to reproduce, publish and translate it on the Site, free of charge, subject to your rights over your personal data.

You undertake that your contributions are honest, do not infringe the rights of third parties and contain no unlawful, abusive, defamatory or discriminatory content. We may refuse or remove any contribution that does not comply with these rules.

Article 16 – Prohibited uses

You may not use the Site or its content:

• for unlawful purposes, or to encourage others to commit unlawful acts;
• in breach of any applicable law or regulation;
• to infringe our intellectual property rights or those of others;
• to harass, abuse, defame, intimidate or discriminate against anyone;
• to submit false or misleading information;
• to spread viruses or any other malicious code;
• to collect other people's personal data without their consent;
• to send unsolicited communications, engage in phishing or any form of impersonation;
• to bypass or compromise the Site's security measures.

Article 17 – Errors and inaccuracies

Despite our care, the Site may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, shipping charges, delivery times or Product availability.

We reserve the right to correct these errors at any time. If an obvious error affects an order that has already been placed, we will inform you and offer you the choice of confirming your order on the corrected terms or cancelling it with a full refund.

Article 18 – Personal data

The personal data you provide to us is processed in accordance with our Privacy Policy, which describes the purposes of the processing, the recipients of the data, how long it is kept and your rights.

Article 19 – Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from force majeure within the meaning of Article 1218 of the French Civil Code (Code civil). Performance of the obligations concerned is suspended for the duration of the event. If the event continues, either party may terminate the order concerned, in which case the amounts paid for Products not delivered will be refunded.

Article 20 – User responsibility

You are responsible, under the general rules of law, for the consequences of any use of the Site that breaches these Terms or the law, in particular where it causes harm to CPM Consulting FZ LLC or to third parties.

Article 21 – General provisions

If any provision of these Terms is declared void or unenforceable, it will be deemed unwritten (treated as if it had never existed), without affecting the validity of the other provisions.

If either party does not enforce a breach of any of these Terms, this does not mean that it waives the right to do so later.

The headings of the articles are for ease of reading only and have no contractual value. If there is any doubt about the interpretation of a clause, it will be interpreted in the way most favourable to the consumer.

Article 22 – Changes to the Terms

We may change these Terms at any time. The version in force is the one published on this page.

Each order is governed by the Terms in force on the date it was placed. Later changes do not apply to orders already confirmed.

Article 23 – Governing law and jurisdiction

These Terms are governed by French law.

If you are a consumer living in another country, this choice does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.

In the event of a dispute, and failing an amicable solution, the consumer may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or when the harmful event occurred (the event that caused the damage), or before any other court with jurisdiction under the law.

Article 24 – Complaints and mediation

If you have a complaint, please contact our customer service team first by email at contact@shoppiva.com, quoting your order number. We will do our best to find an amicable solution with you.

In accordance with Article L612-1 of the French Consumer Code, you may use a consumer mediator free of charge to settle the dispute amicably. You have one year from your written complaint to our customer service team to do so.

Article 25 – Contact details

For any question about these Terms:

• Email: contact@shoppiva.com
• Post: CPM Consulting FZ LLC, A1-1210A Building no. A1 Al Hamra Industrial Zone-FZ, Ras Al Khaimah, AE
• Customer service hours: Monday to Friday, 9:00 to 18:00

Article 26 – Disclaimers

External links: the Site may contain links to third-party websites, content or services, including in banners or advertisements. We have no control over these websites and are not responsible for their content, availability or practices, nor for any products, services or transactions you may enter into with third parties on them. We invite you to read their own terms of use and privacy policies.

Advertising partners: our advertising partners, including Google, Facebook, TikTok, Microsoft, Criteo, Taboola, Outbrain and others, are not affiliated with Shoppiva and do not endorse our business. These companies are not responsible for the Products we sell.

Testimonials: the Site may feature customer testimonials about our Products. They reflect individual experiences and opinions, which belong to their authors and do not necessarily reflect our own. They are not necessarily representative of the experience of all users, and results may vary from person to person.

Product information: the information published about the Products is provided for information purposes only. When using them, follow the manufacturer's manual and instructions.