Terms and conditions
All orders on the Site are subject to these general conditions of sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, except for mandatory provisions to the contrary such as arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
1. IDENTIFICATION OF THE SELLER
These General Terms and Conditions of Sale are those of B ureau Benjamin . Simplified joint-stock company with share capital of 1,052.60 euros. Whose registered office is located at 3, rue de Faidherbe, 75011 Paris-France. Registered with the Paris RCS under number 905 149 316
• VAT number: FR84905149316
• Email: firstname.lastname@example.org
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) exclusively govern sales made on the e-commerce site www. bureaubenjamin.com (hereinafter the “Site”) of the products offered by Bureau Benjamin to buyers who are consumers (hereinafter the “Customer(s)) and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Conditions of Sale are made available to Customers on the website www.bureaubenjamin.com where they can be consulted directly.
The General Conditions of Sale are enforceable against the Customer who declares to have read them and to have accepted them by ticking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.
Bureau Benjamin reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation.
3. THE CUSTOMER
Bureau Benjamin Products (hereinafter the "Products") are exclusively intended for sale to end consumers who are natural persons or non-professional legal entity customers (hereinafter the "Customers"), excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.
The customer of the Site must be a consumer, an adult natural person and legally capable. The customer must, during his first order on the Site, open a customer account and complete an order form specifying certain mandatory fields (delivery address, telephone, etc.) so that his order of products can be taken into account and validated by Bureau Benjamin .
The information communicated to Bureau Benjamin as part of the opening of its customer account or during each of its orders must be complete, accurate and up-to-date. Bureau Benjamin may, if necessary, ask the customer for confirmation - by any means - of this information and of his identity.
Given the commercial policy described above, Bureau Benjamin reserves the right not to respond to orders from subjects that differ from the "Consumer" or to orders that do not comply with its commercial policy.
4.1 Description of products
The products offered for sale are those appearing on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective or inferior products to the standards offered on the market. Some of our pieces are unique copies; others can be made from natural stones.
We draw the Customer's attention to the fact that the photographs illustrating our products may turn out to be slightly different from reality due to the Customer's screen settings and the lighting during the shots.
In addition, in the case of handcrafted creations, the articles may have irregularities in the finish, differences in format and/or colors inherent to this type of manufacture which cannot be considered as major defects. The responsibility of the Company cannot be called into question, the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the Company. Customers can obtain additional information by contacting the Company's Customer Service by telephone.
The prices of the products sold on the Site are indicated in Euros, by article and reference and include all taxes (TTC) excluding delivery costs. Bureau Benjamin applies French VAT at the rate of 20%. At the time of validation of the order, the price to be paid by the Customer means the all-inclusive price, ie the sum of the price including tax of the items that make up the order plus delivery costs. For all countries with a delivery address in France and in all other countries belonging to the European Union or not (Switzerland) the products will be invoiced in Euros. The telecommunications costs inherent in access to the site remain the responsibility of the Customer. Any order delivered outside metropolitan France may be subject to any local taxes, customs duties, dock dues and customs clearance costs upon delivery. Their acquittal is at your expense and is your responsibility. Check with the competent authorities of the country of delivery.
The selling price of the products may be modified by Bureau Benjamin at any time. This change will be notified to the Customer before any order.
5. ORDERS AND PRE-ORDERS
Any order placed on the Site implies express acceptance of the GCS and implies acceptance of the prices and products available for sale on the Site.
Order taking on the Site is subject to compliance with the procedure set up by b ureaubenjamin .com embodied by a succession of different screen pages indicating the steps that the customer must imperatively follow to validate his order. The products offered by Bureau Benjamin are produced only in very limited quantities by our workshop. They will therefore be produced upon validation of the order (except for certain references whose stock is available).
The Site offers some of its products in Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code. The lead time for pre-order models can vary between 3 working days and several weeks depending on the product ordered and its specificities. Approximate lead times are specified in the product sheet.
After having checked the content of his order, as well as the total cost thereof (products ordered, shipping costs, optional options), and corrected any errors, the Customer will confirm it definitively at the payment stage. This confirmation will be worth conclusion of the contract.
Once the contract has been concluded, the Company will send the Customer, by e-mail, a confirmation of his order containing a summary of the information entered on the order form, as well as a link redirecting to a withdrawal form. The invoice for the order will also be provided as an attachment to the e-mail sent to the Customer.
Bureau Benjamin reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if Bureau Benjamin reasonably believes that this Customer has violated these T&Cs or that he has engaged in fraudulent activity, or for any other legitimate reason.
The languages available for concluding the contract with the b ureaubenjamin .com site are French and English.
6. PAYMENT TERMS
For the payment of the price of the products and the shipping costs, the Customer will follow the methods indicated in the order form.
The Customer has the option of paying for his purchases by credit card or by PAYPAL. The payment cards accepted are: CB, MasterCard®, Visa®, American Express® and JCB®.
The price is payable in euros (€) exclusively. If the Customer's account is denominated in another currency, the amount of the payment in euros (€) will then be converted into the currency of the Customer's account at the exchange rate defined at the time of payment.
Any exchange costs resulting from a conversion of foreign currency into euros will be borne by the Customer. The Customer is invited to contact his bank to find out the exchange rates and fees in force.
During payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Customer must send his bank card number, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the bank card).
The Customer guarantees to the Company, during the validation of his order form, that he is in good standing with regard to the issuer of the payment card.
The financial information will be transferred by means of an encrypted protocol, to PAYPAL or to other banks providing services related to remote electronic payment, without third parties being able to access it in any way.
7. DELIVERY AND DELIVERY TIMES
As a reminder, the products offered by Bureau Benjamin are produced only in very limited quantities by our workshop (5. Orders and pre-orders). Thus, it is possible that the part that the Customer wishes to acquire is not in stock although the mention “Add to basket” is displayed on the Site. If necessary, the Customer will be notified and the part will be produced on request specially by our workshop.
The Customer's attention is therefore drawn to the fact that shipping times may vary by a few weeks.
We strive to reduce this time as much as possible and invite the Customer to contact our customer service department to find out the real-time availability of Bureau Benjamin products.
The place of delivery must be located in metropolitan France (including Corsica), in Switzerland or in one of the countries of the European Union.
Any delivery address located outside these territories will be refused during the ordering process. If the Customer lives outside these territories, he can choose to collect his order from the brand's showroom located at 86, rue de Richelieu 75002 Paris, specifying this address. Otherwise the order will be cancelled.
The products ordered by the Customer on the Site in accordance with the GCS will be delivered to the address indicated by the Customer as the delivery address when ordering.
The Customer chooses the delivery method offered on the Site. Delivery costs and times vary depending on the country and delivery service chosen.
If the product is in stock, all orders placed before 2 p.m. (French time - GMT+1), Monday to Friday excluding public holidays, are prepared and delivered to the carrier the same day.
If the order is placed and validated after 2 p.m. (French time - GMT+1), working day will require an additional working day for delivery.
If the product is on pre-order, it will be delivered to you within 4 to 6 weeks.
Colissimo, DHL and UPS delivery depending on the delivery zones.
Delivery times are indicative as communicated by the carriers.
8. RIGHT OF WITHDRAWAL AND TERMS OF RETURN
Pursuant to Articles L.221-18 and following of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to exercise his right of withdrawal on his Order. This period runs from the receipt of the Products by the Customer.
The Customer must attach to his request for withdrawal a copy of the invoice or any other element allowing the Order in question to be identified, and its holder.
Only the Customer identified as such with Bureau Benjamin can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).
The customer will also be able to contact customer service by e-mail: email@example.com for any additional information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice and a word of explanation recalling the customer's contact details as well as their desire to receive a refund or a credit note, to the following address:
• BENJAMIN OFFICE
• E-Shop Department
• 3, rue Faidherbe
• 75011 Paris
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not in conformity or has a manufacturing defect. Any customs fees related to the return of a product from a foreign country are also the responsibility of the customer.
Bureau Benjamin strongly advises its customers to return the products by Colissimo or Letter Max. The customer also has the option of choosing the carrier of his choice. On the other hand, the costs of return as well as the related risks are the responsibility of the customer. It is therefore recommended to him to provide proof of this return, which supposes that the products are returned with parcel tracking, or by any other means giving a certain date.
The right of withdrawal – in addition to compliance with the deadlines and methods described in the previous points – is considered to have been applied correctly in the event that the following conditions are fully respected:
After receipt and verification of the products returned by the Customer, the Company will refund the payments received within fourteen (14) working days and, in the event of the return of a global order (all the products ordered in a single order), the delivery costs.
The delivery costs reimbursed will be on the basis of the standard delivery method (the most economical). If the Customer has chosen a delivery method other than the standard delivery method, the additional costs invoiced will not be reimbursed.
- However, we will only accept the exchange and refund of products if all the following conditions are met:
• 1) The product must not have been worn, worn, modified, washed or damaged
• 3) The product must not have been made to measure (cf. Special orders IV)
• 2) The product must be returned in its original packaging accompanied by the purchase invoice
In the event that the return of the product by the Customer is due to an error by the Company such as a missing product in the order or a non-compliant product received or a manufacturing defect of the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer must report the error by email to the address contact@b ureaubenjamin .com within a maximum period of 48 hours following receipt of the order.
No refund can be made for the benefit of the Customer who has not exercised his right of withdrawal under the conditions of this article.
Upon receipt of the returned product, the refund will be made according to the buyer's wishes in the form of a credit note valid for 6 months on the Site or a refund credited directly to their bank account depending on the method of payment used when ordering.
These refunds will be made within 14 days of receipt of the products by us.
9. DEADLINES AND TERMS OF REIMBURSEMENT
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, Bureau Benjamin will take the necessary steps to reimburse any sums already collected for the purchase of the products within fourteen (14) days after receipt and verification of the condition of the products.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for the purchase, the reimbursement of the sum, in the event of exercise of the right of renunciation, will be made by Bureau Benjamin , in all cases, to the person who made the payment.
Reimbursement will be made on the same medium as that used when purchasing the products, ie the customer's bank card. Reimbursement will be made in EUROS. If the Customer's initial account is in a currency other than EURO, the refund amount will be converted into the currency of the account
Customer with a conversion rate applied which will be the effective rate at the time of reimbursement and not at the time of purchase.
The exchange costs borne by the Customer during his initial purchase will remain his responsibility and may not be reimbursed by the Operator.
10. LEGAL GUARANTEES
10.1 Legal provisions
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
10.2 Legal guarantee of conformity
According to Articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Consumer Code, "the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect indeed existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
10.3 Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to purchase (and therefore not the result of normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have not bought at such a price if he had known about the defect).
Complaints, requests for exchange or refund for a non-compliant Product must be made by post to: Bureau Benjamin , 3 rue Faidherbe, 75011 Paris or by email: contact@b ureaubenjamin. com
In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (Obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Seller.
11. INTELLECTUAL PROPERTY
All documents, text information, graphics, images, photographs or any other content published on the Website www. Bureau Benjamin.com are the exclusive property of Bureau Benjamin . Consequently, they may not be reproduced, exploited or used in any capacity whatsoever without the express authorization of the publication director.
Bureau Benjamin is the holder of all the intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and to the trademarks and distinctive signs under which the Products are marketed.
The Customer unreservedly recognizes as such the intellectual property of Bureau Benjamin and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly agrees not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and to the brands belonging to Bureau Benjamin .
12. PERSONAL DATA
The Customer is informed that the data he provides on the Website is subject to various automated processing of personal data.
In application of law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, it is recalled that the personal data which is collected from the Customer is necessary for the processing of his order. They can also be used for prospecting purposes. The purposes of each of the processing operations are described with regard to the processing operation concerned.
These data are intended for internal use by Bureau Benjamin . This personal data may also be transmitted to third parties, partners of Bureau Benjamin , unless the Customer has objected to this when collecting the data concerning him.
The Client's personal data is kept for the time strictly necessary for the fulfillment of the purposes for each of the processing operations envisaged by Bureau Benjamin .
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at firstname.lastname@example.org
13. FORCE MAJEURE
"Force majeure" means all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party following a case of force majeure.
In the event that Bureau Benjamin is prevented or delayed by a case of force majeure in the performance of its commitments, Bureau Benjamin undertakes to inform the Customer within 72 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment. Bureau Benjamin will then be released from liability related to the non-execution or delay in the execution of its obligations, but undertakes to use its best efforts to resume full execution thereof without delay. In such a case of force majeure, Bureau Benjamin may at its discretion terminate the order or any part thereof, without liability, subject however to reimbursing the Customer for the sums already paid. Under no circumstances may the Customer invoke a case of force majeure to release himself, even temporarily, from an obligation to pay a sum of money.
14. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Sales concluded with Bureau Benjamin via the website www.bureaubenjamin.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
15. HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.