Welcome to SHIVA. The following describes the terms under which we provide the SHIVA website (the “Website”) to you. This agreement governs both those who create registered member accounts through our Service (“Members”) and those who visit or use our Service without creating a registered member account (“Visitors”); this agreement applies to parties who wish to use the Service to establish a Campaign and offer Products, as set forth below (“Sellers”), and to those who purchase Products from those Sellers (“Buyers”). You understand that by using SHIVA, you have agreed to these Terms. You also agree to visit the website with no other intention than to use its services via normal functionality of the Website. If you register as a Member or make a purchase through the Website on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.
SHIVA is a Website allowing Sellers to offer Buyers personalised products that will be manufactured and marketed by the Website and a catalogue of pre manufactured products marketed by the Website and which are available in various colours and sizes (“Products”) if they meet with the requirements of the Buyer. The Website also allows Members and Visitors to share User Content through third-party web services, such as Facebook and Twitter, and allows Sellers to offer Products bearing User Content to third parties.
SHIVA imposes a security process for the access of the Website which complies with professional standards. The standard adopted is the SSL (Secure Socket Layer). SHIVA provides technical maintenance of the SHIVA Service and conducts regular technical updates. Content updates are handled on an ongoing basis to reflect the progression of Campaigns and Product sales. However, the Website cannot be held liable for any disruption of the service linked to breakdowns or maintenance operations.
Product descriptions, which are found on the right side next to their corresponding Product picture on SHIVA, indicate to the Buyer all the characteristics of that Product. The Website takes every possible care to accurately present and describe its Products in order to keep the Buyer as informed as possible. However, in the case where a Buyer finds an anomaly or wishes to acquire more information, they are invited to contact the support service on https://www.shivamerch.com/contact SHIVA states that, to all intents and purposes, the Products, specifically the shades of the colours of the Products as of the printed designs digitally displayed on the Website, can appear differently on a Product manufactured and sent to the Buyer, due to the material used for the production of the Product. The Website cannot be held responsible for this.
All orders are subject to availability and any Products available on SHIVA may be withdrawn at any time. Please note that withdrawal may happen at short notice. Please note that we cannot guarantee that all Products available at the time you visited Website will be offered in the future. Over time, some Products may be permanently withdrawn.
Depending on the localisation of the Buyer the price of Products will be shown in either Euros, US Dollars, Canadian Dollars, Pound Sterling, Australian Dollars or any other currency proposed by the Website. All Prices are subject to change, and are decided under the Seller’s responsibility.
If the Buyer wishes to make an Order on SHIVA, the User must be over 18 years of age and have read and fully accepted the current Terms and Conditions, consent reflected by clicking on the “Confirm my Order” button. The Buyer should also have access to an accepted payment method as listed in the current Terms and Conditions and complete all sections of the online form. The required information is as follows: civility, first name, surname, email address, telephone number, and delivery address. The order form will also contain the products chosen, the colours and the sizes required, and the quantity of each product. Please note that the personal details form is subject to change at any time. Buyers must verify the terms of their Orders and Pre-orders (Products, Price, Size, Colour, Model, Name and Delivery Address etc.). No exchange will be accepted in case of a delivery made according to the order placed on the Website and received by SHIVA, the information contained in the confirmation email sent makes proof concerning the Orders characteristics.
By providing your personal details you have consent with SHIVA collecting and processing the said data.
After placing an order, you may receive an email from us acknowledging the receipt of your order. This email does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on the terms and conditions stated here. We will confirm acceptance of your order by sending you a personal order confirmation email. Upon sending this email both parties will be bound by contract. However, we reserve the right to reject your order for any reason we see fit before and after sending order confirmation email.
SHIVA REMINDS THE BUYER THAT IN COMPLIANCE WITH ARTICLE L. 121-21-8 OF THE FRENCH CONSUMER CODE, THE BUYER DOES NOT HAVE THE RIGHT TO WITHDRAWAL AFTER THE DATE WHEN THE PRODUCTS FROM THE CAMPAIGN IN WHICH THEY PARTICIPATED ARE MANUFACTURED, MEANING THE END OF THE CAMPAIGN PERIOD GIVEN THAT THE PRINCIPLE OF THE WEBSITE IS TO NOT HAVE ANY PRODUCTS IN STOCK. ALL THE PRODUCTS ARE MANUFACTURED TO ORDER IN THE SIZE ORDERED AND PRINTED WITH THE DESIGN AS CHOSEN BY THE BUYER WHEN ORDERING OR PREORDERING. IN THIS RESPECT THE PERSONALISED PRODUCTS AT ORDER IN EACH ORDER FROM EACH BUYER CANNOT THEREFORE BE RETURNED OR EXCHANGED.
SHIVA REMINDS THE BUYER THAT IN COMPLIANCE WITH ARTICLE L.221-18 OF THE FRENCH CONSUMER CODE, THE BUYER HAS 14 (FOURTEEN) DAYS FROM THE DATE OF PURCHASE TO WITHDRAW AND CANCEL THEIR ORDER WITHOUT GIVING ANY REASON. TO EXERCISE YOUR RIGHT OF CANCELLATION, THE BUYER MUST CONTACT SHIVA USING THE FOLLOWING CONTACT FORM https://www.shivamerch.com/contact. THE WEBSITE ENDEAVOURS TO REIMBURSE ANY PAYMENTS FOR ASSOCIATED PRODUCTS WITHIN 14 (FOURTEEN) WORKING DAYS UPON RECEIPT OF CANCELLATION REQUEST.
By clicking on the « Buy it now », and « Confirm my order » Icons, as well as proceeding to corresponding payments using methods listed below, the Buyer accepts that their actions represent a digital signature which has the same legal effectiveness between parties as a written signature. The Buyer accepts that Orders, invoices, and payment receipts are stored digitally in the computer system of the SHIVA and its partners on a reliable, sustainable and secure system, and can be used as proof of a transaction. If the Buyer need a proof of transaction such as invoice, he shall contact the SHIVA’s support team using the following contact form https://www.shivamerch.com/contact.
Buyers can pay for their Orders by either: Bank card (debit card, credit card, Visa, Mastercard, iDeal, Sofort, Giropay, Klama, Bancontact, American Express, Discover) and Paypal. Payments are secured using a SSL protocol. The gathering of information related to bank cards is provided by the company ADYEN. The Website does not hold any data relating to bank cards, this is why the Buyer will have to re-input all his credit card information in the event of a second purchase on the Website. At the time of payment, a verification might be requested of the owner of the bank card. This involves a 3D Secure process (Mastercard, SecureCode and Verified by Visa) and is used to reinforce payment security. The Buyer should at this point follow authorization instructions and procedures required by the bank to allow (name of website here) to ensure that the Buyer is indeed the owner of the bank card being used, or as the case may be, got the authorization from the bank card owner. An Order is considered as standing having all the attached consequences hereby detailed, as soon as the Website receives confirmation from the bank payment centre. Should the Buyer exercise their right to withdrawal according to the conditions detailed above, SHIVA will process, where applicable, to a refund for the amount paid by the Buyer, by crediting their account with the total of the amount they will have paid within a time frame of 14 days following the reception of the exercise of the Buyer's right to withdrawal.
SHIVA uses an internal fraud control process in order to review the Orders to fight against fraud involving non-cash payments on the Internet to protect the consumers in general. In this view, the Website expressly reserves its right to refuse any Order coming from a Buyer with whom there is a dispute concerning the payment of a previous Order, also the right to cancel any Order if the payment information submitted during the Order do not comply with the safety requirements. In the case of fraud, a fraud attempt or a payment issue, the Website reserves the right to suspend a Buyer's access to SHIVA and/or to close their account without prejudice to any other rights to persecution and compensation for any damage suffered by the Website.
Please note that payment of possible taxes and any other applicable import duties that may be levied once the Product reaches your country are not the responsibility of SHIVA. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country.
Overseas deliveries and deliveries to addresses outside the EU and USA may include additional delivery charges as stated during the checkout process. Your order will be delivered once payment has been made and your order has been processed ready for shipment, to the address you provided as listed on the checkout page. Please note that some venues/drop-off points such as PO Box addresses or hotels might not be eligible for delivery. Deliveries are carried out on weekdays, namely every-day of the week except Saturday, Sunday and statutory holidays. SHIVA is not responsible for non-delivery in following cases: If you have entered your address incorrectly; If you have used non-English language characters or foreign alphabet; if you have entered a non-residential address (including but not limited to PO Box). SHIVA MAKES ITS BEST EFFORTS TO ENSURE THAT THE CAMPAIGN DESCRIPTION BEST SUITS TO THE REALITY IN ORDER TO AVOID MISLEADING THE BUYER. IN THE EVENT OF ANY CONFLICT BETWEEN THE CAMPAIGN DESCRIPTION AND THE INFORMATION AVAILABLE ON THE ORDER PAGE, OR ANY WEBSITE CONFIRMATION EMAILS SENT TO THE USER, THESES LATTER SHALL PREVAIL, AS THE WEBSITE OFFICIAL COMMUNICATIONS, AND ABOVE ALL THE PRESENT TERMS AND CONDITION SHALL GOVERN.
The Buyer may track the transition of their Order status by consulting SHIVA to check if the order had been processed, packed and when the shipment mode corresponding to the chosen Product permits the parcel tracking.
The Buyer shall inform SHIVA by email regarding any delivery delays or failure to deliver on time. In case of delay or non-delivery by the deadline, except in cases of Force Majeure, the Buyer may, under the applicable provisions of the Consumer Code, request Product delivery within a reasonable additional period. A failure to deliver respecting this new extended deadline, the Buyer may cancel the order permanently. This cancellation will be considered effective from date of receipt by the Website of the notification of the decision of the Buyer during customer care opening hours. The full refund of the amount paid by the Buyer will then be effective, in accordance with Article L. 138-3 of the French Consumer Code, within 14 (fourteen) days of the receipt of the Buyer’s decision upon the cancellation of the Order. Such refund shall only be made through the payment method initially used. These provisions shall not be applicable in case of late delivery due to a mistake in the address delivery name attributable to the Buyer.
Pursuant to the articles L.211-4 and following of the French Consumer Code, in case of non-compliance of the Product delivered to the Order and only in such cases, the Buyer will be offered a choice, within the limitation period applicable to this action, between the replacement of the Product, or keeping the Product as it is, requesting a price reduction justified by the Product’s imperfections. The conformity of the Product cannot be understood otherwise than under articles L. 211-5 of the Consumer Code, and namely: suitable for the usual expected purpose, matching the description given, and having the qualities that a buyer might reasonably expect from the Product. In case of hidden defects rendering the Product unsuitable for the use for which it is normally fitted, and if the Buyer is able to demonstrate that the conditions required under Article 1641 of the French Civil Code are met, the Buyer will be offered a choice between keeping the Product as it is, and ask for a price reduction corresponding to the defects, or returning the Product for a refund of the paid Price. In order to obtain a refund, or the Product replacement, the Buyer may contact SHIVA using the following contact form http://slug-of-store.com/contact. Unless the Buyer is able to prove to have suffered damage, he may not be able to claim any compensation.
Please note that the right to refund or exchange product may not apply to some Products.
The structure, technology, hierarchy, tools used for its conception, and the development and running of the SHIVA Service, as well as all elements available on the Website (in particular logos, information, performance results, database etc...) are the exclusive property of SHIVA and are protected by intellectual property law and specifically author's rights, sui generis database rights and brand rights as well as knowledge protection. Protected Designs are the property of the Designers & Sellers. The partial or complete reproduction of one or all of the (name of the store) Services, or including the Designs, in any format whatsoever, and for any reason, without the prior written agreement of the Website or the Designers/Sellers relating to their Designs, is prohibited. If this is breached, the Buyer in question is liable to civil and criminal prosecution by SHIVA and/or Designers/Sellers. Should the Buyers become aware of any infringement of the SHIVA’s and/or the Designer’s/Seller’s intellectual property rights, they shall inform the Website immediately. They will also inform the Website should they receive complaints from third parties relating to Designs and will provide any details necessary to the Website and/or Creators, in order for them to mount their best informed defense. In the case of a claim made resulting in a final court decision or transaction prohibiting the Buyer to continue using the Product, the SHIVA and the accused Creator will guarantee a full reimbursement of the purchase Price of the Product.
Personal identification data of Buyers given to the SHIVA in the course of a transaction are completely confidential and may in no case be transferred or made available to third parties except to ensure payment and delivery of the purchased Products. SHIVA, as provider of the Website service, and having responsibility for data processing, is committed to respecting all applicable provisions of the French Data Protection Act date as of 6 January 1978, and require its service providers and partners to take all security measures to safeguard this confidentiality. As part of the SHIVA’s Service, the Website does not however collect any personal data except where necessary to process Orders and the delivery of Products, for which it meets the applicable provisions of the French Data Protection Act. The SHIVA reiterates that it does not either provide or transfer any personal data to third parties, including Creators using the Website Service. The SHIVA specifies to Buyers that all Buyer information that could be used by the Buyer on the Website Service will be hosted on servers located in the European Union in a space dedicated to the (name of the store).
SHIVA takes great care in conducting its business activities. Buyers wishing to engage the liability of the SHIVA in any capacity whatsoever are asked to first contact the SHIVA to try to find an amicable solution before engaging in any legal action.
You agree to indemnify SHIVA for any loss or damage to us, including without limitation legal fees, arising from any breach of any warranty or other stated term by you or your misuse of any material or information obtained through the Website. You agree to defend, indemnify, and hold harmless SHIVA, its employees, agents, and licensees, from and against any claims, actions or demands (including costs, expenses and legal fees), alleging or resulting from above stated breach of any warranty or other stated term of these Terms and Conditions. You agree and undertake to indemnify the SHIVA for all loss or damage incurred by SHIVA in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Website. You agree to hold SHIVA harmless from and against any claims or damages caused by the use of the Products, including but not limited to any adverse physical effects (such as bodily harm or physical injury). In no event shall SHIVA be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any Product purchased herein. You agree and acknowledge that any Product purchased should be used at your own risk and you should assess the risks individual to your surrounding (including but not limited to your pets) before purchasing any Product or using it. You purchase any Products at your own risk.
SHIVA may not be held liable in the event of a force majeure, like those admitted by the courts, and notably: The following are to be taken as instances of Force Majeure, regardless of the cause and whether or not the case of force majeure is fully applicable: strike, the closure of workshops, fire, machinery breakdown, manufacturing issues or delays in the supply of raw materials. In the event of a late or delayed delivery resulting from Force Majeure lasting for longer than 3 (three) months, Orders will be cancelled at the express request of the Buyers, and SHIVA will be committed to refund the amount of the Order within 14 (fourteen) days after reception by the Website of the cancellation request (such refund can only happen through the payment method initially used for the Order.)
Should any of the provisions of the Terms and Conditions be declared invalid or irrelevant with regard to a law or regulation in force, and/or indeed a court decision that has the force of res judicata, it will be deemed procedurally barred and will not result in the other provisions of the present contract becoming null and void. The decision of either party not to invoke any provision of these Terms and Conditions against the other party, shall not affect either party’s future right to invoke a provision. The Parties agree that emails sent to enforce any provisions of the Terms and Conditions, especially relating to Orders, shall only apply on the date and time when SHIVA receives said emails.
For all questions or claims relating to the current Terms and Conditions, Products, Orders, deliveries, Buyers are invited to contact SHIVA using the following contact information: Contact form: https://www.shivamerch.com/contact