Legal notice

Notice: Please read this document carefully before using this website. Do not use this website if you do not agree with the terms and conditions present in this document. Use of this  website signifies compliance with these Terms of Use.

Definition

ITEM: Products of any type offered for sale (e-commerce services) on the Website.

Customer: the non-trading natural person making the order and with full legal capacity.

ORDER: purchase agreement for all of the Items selected by the customer via the Website's e-commerce service.

WEBSITE: website published by Forma belonging to the Company SAS Forma and accessible at https://www.forma.gallery

Introduction

The general terms and conditions of sale detailed below only govern the contractual relationship between the User (hereafter referred to as You), the trader Forma  (hereafter referred to as We) belonging to the company SAS Forma with a capital of 63000 Euros, whose headquarters is situated at 183 rue du Faubourg Saint Denis – 75010 Paris and registered on the register of companies and commerce in Paris under the number 898 207 030, N° de TVA FR96898207030.

Any sale of Product(s) via the Website will be on the basis of these Terms of Sale. We suggest you print a copy of these and retain them for your records.

Obligations of the customer

Anyone may create a customer account on the "account > Create account" page (https://https://www.forma.gallery/account/login)". To create an account, the customer must complete the form in this section of the site.
This account is strictly personal and allows the customer to identify him/herself prior to each order. When creating the customer account, the customer declares that he/she is at least 18 years old and has the legal authority or parental consent to place an order on the Site. The customer also undertakes to provide FORMA with all the necessary and accurate information required for the performance of the service covered by these conditions, as requested online and in accordance with their individual circumstances, in particular their full name, address, telephone number and valid e-mail address. 
The customer is liable for any consequences arising from the provision of false or inaccurate information or information that would be unlawful to record.
When creating the account, the customer chooses an email and a personal and confidential password. If the customer suspects that their account has been used fraudulently by a third party, they must notify FORMA as soon as possible in order to change the password and close their customer account.
The customer can modify his/her information at any time via the "my account" section.
FORMA is able to close an account and delete all personal data associated with this account if a customer expressly requests this by email.

Orders

All orders will be confirmed only after payment has been accepted. 

FORMA reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.
FORMA is able to accept orders subject to stock availability. It shall inform the Customer of the availability of the Products sold on the website at the time the order is confirmed.
If, despite the best efforts of FORMA, the Products should be unavailable, FORMA will inform the Customer by e-mail as soon as possible. The customer may then cancel the order and receive a refund, if applicable, of any sums already paid.
Under no circumstances can FORMA be held liable for any permanent or temporary unavailability, nor can such give rise to any right to compensation or damages in favour of the Customer.

Prices

The prices displayed on the Estore are indicated in euros including all French taxes (French VAT and all other applicable taxes), and excluding shipping cost.
Shipping cost will be specified in the customer's cart, before the final confirmation of the order.
Prices may be modified at any time, without prior notice, particularly in the event of changes in tax or economic information. Items will be invoiced on the basis of the rates in force at the time the order is placed.

Delivery

Forma delivers its Products to worldwide.
Products are dispatched with the relevant delivery note, and sent to the delivery address provided by the Customer at the time of ordering. Delivery cannot be made to hotels or PO boxes. Delivery times quoted on the site are approximate times, which represent average processing and delivery times, only on business days. In order for these delivery times to be met, the customer must ensure that he/she has provided accurate and complete information with regard to the delivery address (for example, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). 

In the event of a delivery delay of more than 15 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt or by email and request that the order be refunded. 
If the item is dispatched prior to receipt of the cancellation of the order due to a delivery delay of more than 15 days, FORMA will refund the item and the delivery and return costs, on receipt of the complete item, in its original condition and with all labels still affixed.

FORMA undertakes to inform the Customer of the progress of the processing of his/her order.

Payment

Accepted payment methods:
Accepted payment methods are the following: credit or debit card (Visa, Mastercard et American Express), Paypal, apple pay or e-gift cards.

Security of payment methods:
Purchases are made securely. FORMA uses 100% secure payment solutions. For payments by credit card (debit or credit card, Visa, Mastercard and Amex), Stripe or Paypal are responsible for ensuring the security of payments. All information provided by customers to FORMA is rigorously protected ensuring the confidentiality and security of each transaction.

Conditions of instant payment:
Instant payment must be made in full at the time of ordering. At no time may the sums paid be considered as down payments or deposits. The Customer shall pay for his/her order by bank card (Visa, Mastercard, American Express) in accordance with the provisions of this article or via PayPal, e-gift cards or credit notes.
For each transaction, the Customer must provide the number appearing on the front of the card, the expiry date of the card and the security code appearing on the back of the card (last three digits).
Provision by the customer of his/her bank card number constitutes authorisation for FORMA to debit his/her account up to the amount of his/her order.
FORMA retains ownership of the item until the Customer has paid in full for the item.

In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and FORMA, by any appropriate means, of any complaints within 14 days of receipt of the product. 

Returns, rights of withdrawal

Return costs are at the customer's expense.
You have a period of forteen (14) days following receipt of your order to inform us of your wish to return part or all of your order.
If the delivery method is click and collect in shops or delivery in pick-up point, the delivery date is the date of the arrival of the product in the shop or in the pick-up point and not the date the client went to get the order.
To return a product, the Customer must first request a return in the "My Orders" section of the FORMA website.

All returns must be sent back within 14 days in accordance with the Hamon law (article L221-18 of the Consumer Code.).  Returned items must be in their original condition.
If the item is not returned by the customer within fourteen days of receipt of the postage label, the return is considered void and the customer must keep the product.
The returned Product will be refunded within a maximum of fourteen (14) days from its receipt by FORMA, by crediting the amount to be refunded to the Customer's bank account.

Should the customer fail to comply with these conditions, in particular the return conditions, FORMA will not be able to refund the item.
Return address is:
FORMA (e-shop returns)
LE SUPER ATELIER
221 rue Jacqueline Auriol 14760
Bretteville sur Odon
FRANCE

Guaranties and liability

FORMA has only an obligation of means with regard to all stages of access to the site, from the order process to the dispatch of the parcel or subsequent services. FORMA cannot be held liable for any inconvenience or damage arising from the use of the Internet, in particular in the event of a disruption of service, external intrusion, or the presence of computer viruses or any other incident of force majeure, in accordance with legislation and case law.

Intellectual property

Under no circumstances is the Customer authorized to download or modify the Site, in whole or in part, and in particular its content (products listed, descriptions, images, videos, etc.).
No part of this site may be reproduced, copied, sold or used for commercial purposes without the express written permission of FORMA.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of FORMA.
The customer is therefore legally obliged to respect all intellectual property rights and may in no way use the trademarks appearing on the Site and where applicable on the Products, or register a trademark that is prejudicial to the rights holder, unless otherwise contractually stipulated.
The same shall apply to any other intellectual property right.

Privacy and data protection policy

Personal data may be gathered on the site and used by FORMA which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GPDR").

FORMA is obliged to ensure the security and confidentiality of its customers' personal data in accordance with the GDPR. Customers' personal data (surname, first name, postal address, telephone number, email address) may be disclosed to FORMA service providers and partners, should their involvement be necessary in the processing and management of orders. These service providers and partners can only act on instructions from FORMA.

  • The purposes of the collection of personal data are detailed below:
  • Processing of Customer orders (delivery, return, refund)
  • Data relating to an order that has been placed will be transmitted to our banking service provider while payment is being made for validation of the payment.
  • If the Customer has ticked the box to subscribe to the FORMA Newsletter, he/she expresses his/her consent to receiving the brand's marketing communications.
  • In accordance with the GDPR, the Customer has a right of access, rectification and opposition to the personal data concerning him/her (hereinafter referred to as the " Data Protection Rights").
  • In accordance with data protection legislation, the Customer has the right to:
  • Request a copy of all information held about him/her.
  • Request the correction of his/her personal data.
  • Request the total deletion of his/her account and personal data.
  • To exercise this right the Customer must submit a request by email to: hello@forma.gallery, using the contact form or by post to: FORMA, 183 rue du Faubourg Saint denis, 75010 Paris FRANCE stating his/her surname, first name, e-mail address and customer reference. The customer's request must be signed and accompanied by a photocopy of an identity document.
  • In accordance with the "Data Protection Rights" law, a response will be provided as soon as possible and at the latest within one month of the request.
  • Storage of your data
  • Data is kept for no longer than necessary for the purposes for which it was collected.
  • Information commissioner:
  • hello@forma.gallery will provide you with further information about your rights and obligations in relation to your personal data. It will also be the contact for managing any request you may have about your personal data.

Marketing and newsletters

Forma may send its Customers marketing information related to the brand by post, e-mail, text message and/or telephone, subject to prior consent.
The Customer may at any time object to these marketing communications by clicking on the "unsubscribe" link at the end of the marketing emails, by sending a request by e-mail to service- hello@forma.gallery, by post, or by replying STOP by text message (within 3 days of receipt of a Forma text message campaign). 

Force majeure

In the event of an event of force majeure, the party concerned must inform the other party within fourteen (14) days of the occurrence of such an event, by registered letter with acknowledgement of receipt.

The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial or commercial nature, civil unrest, insurrection, war, bad weather, epidemic, obstruction of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of trade, computer failure, obstruction of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.

All obligations of the parties will be suspended for the duration of the event of force majeure, without compensation.

Should the event of force majeure last for more than three (3) months, the contract may be terminated as of right without compensation for either party.

Applicable law or disputes

The www.forma.gallery is run by a company under French law. The applicable law of our contractual relations is French law. In the event of a dispute, French jurisdiction shall be competent.

Privacy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from http://forma.gallery (the “Site”).

Personal information we collect

When you visit the site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the site, and information about how you interact with the site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 
  • “Log files” track actions occurring on the site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the site. 


Additionally when you make a purchase or attempt to make a purchase through the site, we collect certain information from you, including your name, billing address, shipping address, email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: 

  • Communicate with you; 
  • Screen our orders for potential risk or fraud; and 
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 


We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our site (for example, by generating analytics about how our customers browse and interact with the site, and to assess the success of our marketing and advertising campaigns).

Sharing your personal information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store — you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by using the links below: 

  • Facebook: https://www.facebook.com/settings/?tab=ads 
  • Google: https://www.google.com/settings/ads/anonymous 
  • Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 


Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track

Please note that we do not alter our site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data retention

When you place an order through the site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors

The site is not intended for individuals under the age of 16 years.

Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at hello@forma.gallery or by mail using the details provided below: 

FORMA 
183 rue du Faubourg Saint Denis
75010 Paris
France