All orders on the Site are subject to these general terms and conditions of sale. These terms and conditions are subject to change and update, the conditions applicable to the order of a product by a customer are those in force on the day of the order. The present general terms and conditions of sale are subject to French law, except for imperative provisions to the contrary such as those arising from the Rome Convention on the law applicable to contractual obligations of 19 June 1980.
1. IDENTIFICATION OF THE SELLER
The present General Conditions of Sale are those of the companyBureau Benjamin. A simplified joint stock company with a share capital of 1,052.60 euros. Whose registered office is located at 3, rue de Faidherbe, 75011 Paris-France. Registered with the RCS of Paris under the number 905 149 316
- VAT number: FR84905149316
- E-mail: firstname.lastname@example.org
The present general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") exclusively govern the sales made on the online trading site www.bureaubenjamin.com (hereinafter the "Site") of products offered by the company Bureau Benjamin to buyers with the status of consumers (hereinafter the "Customer(s)") and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by the Customers.
The General Terms and Conditions of Sale are available to Customers on thewww.bureaubenjamin.com website, where they can be consulted directly.
The General Terms and Conditions of Sale are binding on the Customer, who declares that he/she has read them and accepted them by ticking the "I accept the General Terms and Conditions of Sale" box before placing an order online.
Bureau Benjamin reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of a change to the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date the order is validated. It is therefore up to the Customer to refer to them each time an order is validated.
3. THE CLIENT
Bureau Benjamin 's Products (hereinafter the "Products") are exclusively intended for sale to end consumers who are natural persons or non-professional legal entities (hereinafter the "Customers"), to the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he/she is acting as a final consumer and that he/she does not intend to resell the Products for commercial purposes.
The customer of the Site must be a consumer, a natural person of legal age and legally capable. When placing their first order on the Site, customers must open a customer account and fill in an order form specifying certain mandatory fields (delivery address, telephone number, etc.) so that their order of products can be taken into account and validated by Bureau Benjamin.
The information provided to Bureau Benjamin when opening a customer account or when placing an order must be complete, accurate and up-to-date. Bureau Benjamin may, if necessary, ask the customer to confirm - by any means - this information and his or her identity.
In view of the commercial policy described above, Bureau Benjamin reserves the right not to process orders from subjects other than "Consumers" or orders that do not comply with its commercial policy.
4. THE PRODUCTS
4.1 Description of the products
The products offered for sale are those listed on the Site on the day the Customer consults the Site.
The Site does not sell second-hand products, defective products or products of lower quality than the standards offered on the market. Some of our products are unique pieces; others may be made from natural stones.
We draw the Client's attention to the fact that the photographs illustrating our products may differ slightly from reality due to the Client's screen settings and the lighting when the photographs were taken.
Furthermore, as these are handmade creations, the items may have irregularities in finish, differences in format and/or colours inherent to this type of manufacture which cannot be considered as major defects. The Company's responsibility cannot be called into question and the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are only indicative and are not binding on the Company. Customers may 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 item and reference and include all taxes (TTC ) but exclude 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 is understood to be the all-inclusive price, i.e. the sum of the price (including VAT) 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 telecommunication costs inherent in accessing the site remain at the expense of the Customer. Any order delivered outside mainland France may be subject to any local taxes, customs duties, sea grants and customs clearance fees upon delivery. You are responsible for paying them. Please check with the relevant authorities in the country of delivery.
The selling price of the products may be modified by Bureau Benjamin at any time. The Customer will be informed of this change before placing an order.
5. ORDERS AND PRE-ORDERS
Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and products available for sale on the Site
The placing of an order on the Site is subject to compliance with the procedure put in place bybureaubenjamin.com, which is embodied in a succession of different screen pages indicating the steps that the customer must follow in order to validate his order. The products offered by Bureau Benjamin are only produced in very limited quantities by our workshop. They will therefore be produced when the order is validated (except for certain references that are in stock).
The Site offers some of its products on 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 delivery time for pre-ordered models may 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 checking the content of the order, as well as the total cost of the order (products ordered, shipping costs, optional options), and correcting any errors, the Customer will definitively confirm the order at the payment stage. This confirmation will be considered as the conclusion of the contract.
Once the contract has been concluded, the Company will send the Client, by e-mail, an order confirmation containing a summary of the information entered on the order form, as well as a link 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 over a previous order, or if Bureau Benjamin reasonably believes that the Customer has breached these GTCs or engaged in fraudulent activity, or for any other legitimate reason.
The languages available for concluding the contract with thebureaubenjamin.com website are French and English.
6. TERMS OF PAYMENT
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 possibility of paying for his purchases by payment card or by PAYPAL. The payment cards accepted are : CB, MasterCard®, Visa®, American Express® and JCB®.
The price is payable in euros (€) only. 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 charges resulting from a conversion of foreign currency into euros will be charged to the Customer. The Customer is invited to contact his bank to find out the current exchange rates and charges.
During payment, the bank asks for personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Client must provide his/her bank card number, depending on the type of card, the expiry date of the card and the cryptogram number (3-digit number on the back of the bank card).
The Client guarantees the Company, when validating the order form, that he/she is in good standing with the issuer of the payment card.
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 under any circumstances.
7. DELIVERY AND DELIVERY TIMES
As a reminder, the products offered by Bureau Benjamin are only produced in very limited quantities by our workshop (5. Orders and pre-orders). Therefore, it is possible that the part the Customer wishes to purchase is not in stock even though the words "Add to cart" are displayed on the Site. In this case, the Customer will be informed and the part will be made on request by our workshop.
The Customer's attention is therefore drawn to the fact that shipping times may vary by a few weeks.
We do our best to reduce this delay as much as possible and invite the Customer to contact our customer service to know the availability of Bureau Benjamin products in real time.
The place of delivery must be located in metropolitan France (including Corsica), Switzerland or in one of the countries of the European Union.
Any delivery address located outside of these territories will be refused during the ordering process. If the Customer lives outside of these territories, he can choose to pick up his order at the showroom of the brand located at 86, rue de Richelieu 75002 Paris by specifying this address. Otherwise, the order will be cancelled.
The products ordered by the Customer on the Site in accordance with the GTC will be delivered to the address indicated by the Customer as the delivery address when ordering.
The Customer chooses the delivery method proposed on the Site. Delivery costs and times vary according to the country and delivery service chosen.
If the product is in stock, all orders placed before 2:00 p.m. (GMT+1), Monday through Friday, excluding holidays, are prepared and given to the carrier the same day.
If the order is placed and validated after 2pm (GMT+1), an additional working day will be required for delivery.
If the product is on pre-order, it will be delivered within 4 to 6 weeks.
Delivery Colissimo, DHL and UPS according to the zones of deliveries.
Delivery times are indicative as communicated by the carriers.
8. RIGHT OF WITHDRAWAL AND TERMS OF RETURN
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) clear days from the date of receipt of the Sales Order to exercise the right to cancel the Sales Order. This period shall begin upon receipt of the Products by the Client.
The Customer shall enclose a copy of the invoice or any other element identifying the Order in question and its owner with the withdrawal request.
Only the Customer identified as such to Bureau Benjamin may exercise this right, to the exclusion of any other person, and in particular the person to whom the Products were delivered (for example, in the case of a gift).
The customer may also 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 ...) accompanied by the invoice and a note of explanation recalling the customer's contact details as well as his desire to receive a refund or a credit note, to the following address:
- BUREAU BENJAMIN
- E-Shop Department
- 3, rue Faidherbe
- 75011 Paris
Shipping costs related to the return of products remain at the customer's expense unless the product received does not conform to the order or presents a manufacturing defect. Possible customs fees related to the return of a product from a foreign country are also charged to the customer.
Bureau Benjamin strongly advises its customers to return products by Colissimo or Lettre Max. The customer also has the option of choosing the carrier of their choice. However, the cost of return and the related risks are the responsibility of the customer. It is therefore recommended that the customer provides proof of this return, which implies 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 procedures described in the previous points - is considered to be correctly applied in the event that the following conditions are fully met:
After receipt and verification of the products returned by the Customer, the Company will make within fourteen (14) working days the reimbursement of the payments received and in case of return of a global order (all products ordered in a single order) the delivery costs.
The reimbursed delivery costs will be based on the standard delivery method (the most economical). If the Customer has chosen a delivery method other than the standard delivery method, the additional costs charged will not be refunded.
- However, we will only accept the exchange and refund of products if all of the following conditions are met:
- 1) The product must not have been worn, used, modified, washed or damaged
- 3) The product must not have been custom-made (see Special Orders IV) 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 on the part of the Company such as a missing product in the order or a product received that does not conform to the order or a manufacturing defect in the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer in delivering the product.
The Customer must report the error by e-mail firstname.lastname@example.org within a maximum of 48 hours following receipt of the order.
No refund will be made to 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 will of the buyer in the form of a credit note valid for 6 months on the Site or a refund credited directly to his bank account depending on the method of payment used when ordering.
These refunds will be made within 14 days after receipt of the products by us.
9. TIME LIMITS AND TERMS OF REIMBURSEMENT
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, Bureau Benjamin will take all necessary steps to reimburse any sums already paid for the purchase of the products within fourteen (14) days of 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 for the purchase, the reimbursement of the sum, in the event of the exercise of the right of renunciation, will be made by Bureau Benjamin, in all cases, to the person who made the payment.
The reimbursement will be made on the same medium as that used for the purchase of the products, i.e. the customer's bank card. The refund will be made in EUROS. If the Customer's initial account is in a currency other than EURO, the amount of the refund will be converted into the currency of the
account with a conversion rate applied which will be the effective rate at the time of the refund and not at the time of the purchase.
The exchange costs borne by the Customer at the time of his initial purchase will remain at his expense and will not be subject to any refund by the Operator
10. LEGAL GUARANTEES
10.1 Legal provisions
When acting under the legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods in which to act; he may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, a period which has been extended to twenty-four months as from 18 March 2016
The legal guarantee of conformity applies independently of any commercial guarantee.
The consumer may decide to invoke 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 obliged to provide any guarantee; in the event that this guarantee is invoked, the buyer may choose between rescission of the sale or a reduction in 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 period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided for by the Civil Code;
10.2 Legal guarantee of conformity
According to articles L.217-4 and following of the Consumer Code, the Seller is obliged to deliver goods in conformity with the contract concluded with the Consumer Customer and to respond to any defects of conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before 18 March 2016 or the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
However, after this 24-month period (or 6 months if the order was placed before 18 March 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed when he took possession of the Product.
In accordance with Article L.217-9 of the French Consumer Code: "in the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
10.3 Legal guarantee 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 the purchase (and therefore do not result from the normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post to Bureau Benjamin, 3 rue Faidherbe, 75011 Paris or by email: email@example.com
In the event of non-conformity of a delivered Product, 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 cheque or bank transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.
11. INTELLECTUAL PROPERTY
All documents, information, texts, 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 for any purpose whatsoever without the express authorisation of the director of the publication.
Bureau Benjamin holds all intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and to the brands and distinctive signs under which the Products are marketed.
The Customer acknowledges without reservation the intellectual property of Bureau Benjamin and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes 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 the brands belonging to Bureau Benjamin.
The Customer is informed that the data he/she provides on the Website is subject to various automated processing of personal data.
In application of the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, it is recalled that the personal data collected from the Customer is necessary for the processing of his/her order. It may also be used for prospecting purposes. The purposes of each of these processes are described in relation to the process concerned.
This data is 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 at the time of collection of the data concerning him or her.
The Customer's personal data is kept for the time strictly necessary to achieve the purposes for each of the processes envisaged by Bureau Benjamin.
The Customer has the right to access, modify and object to the processing of the data concerning him or her by contacting the customer service department by email at firstname.lastname@example.org
13. FORCE MAJEURE
"Force majeure" refers to all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering from 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 obligations, Bureau Benjamin undertakes to inform the Customer within 72 hours, specifying the precise elements constituting the force majeure and the reasonably foreseeable duration of the delay or prevention. Bureau Benjamin will then be released from liability for the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay. In such a case of force majeure, Bureau Benjamin may, at its own discretion, terminate the order or any part of it, without incurring any liability, but will reimburse the Customer for the sums already paid. In no way may the Customer invoke a case of force majeure to free 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 shall be sought before any legal action is taken. Failing this, all disputes to which the present contract may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the competent court in accordance with the rules of jurisdiction of common law.
The hypertext links available on the Site may lead 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 be leaving the Site and agreeing to use the 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 for these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or 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 it of any hypertext link present on the Site which would allow access to a third party site proposing content contrary to the law and/or good morals.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case by case basis.