These General Terms and Conditions of Sale (hereinafter the "General Conditions") govern the terms of use of the website www.benoashop.com (hereinafter the "Site"), published by the company SARL AVICA (hereinafter "BENOA"), with share capital of 2,000 Euros, whose registered office is located at 35 Route de Calvi, 20220 Île-Rousse, registered with the RCS under number 4976 5212 3000 17 (represented by Ms. Anne Canioni, duly authorized for this purpose), by any user (hereinafter referred to as the "Client" or "You") of the Site, hereinafter jointly referred to as the "Parties" or individually as the "Party". The term Client is used interchangeably whether the user has placed an order with Benoa or not. The term "Delivery" refers to the first presentation of the Products ordered by the Client to the Delivery address indicated during the order.
Article 1 - Purpose
These conditions govern the sales on the Site of ready-to-wear, footwear and accessories Products (hereinafter referred to as the "Product(s)") or any Products available on www.benoashop.com.
Article 2 - Price
The prices of the Products on the Site are indicated in euros, including all taxes (VAT and other taxes applicable on the day of the order), as well as applicable Delivery costs. All orders, regardless of their origin, are payable in euros.
The Site reserves the right to modify its prices at any time, but the Product will be invoiced on the basis of the rate in force at the time of order validation and subject to availability.
Products remain the property of Benoa until full payment of the price.
Article 3 - Orders
Article 3.1 Product characteristics
Benoa strives to present the main characteristics of the Products as clearly as possible (on the information sheets available on the Site) and the mandatory information that the Client must receive under applicable law (in these General Conditions).
The Client undertakes to read this information carefully before placing an order on the www.benoashop.com Site.
Unless expressly stated otherwise on www.benoashop.com, all Products sold by Benoa are new and comply with current European legislation and applicable standards in France.
Article 3.2 Order procedure
You can place an order directly on the Website: www.benoashop.com. To place an order, the Client must follow the steps described below (please note, however, that depending on the Client's starting page, the steps may differ slightly). Contractual information is presented in French and will be confirmed no later than at the time of your order validation.
3.2.1 Product selection and purchase options
The Client must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired characteristics and quantities. Once the Product is selected, it is placed in the Client's basket. The Client can then add as many Products as they wish to their basket.
3.2.2 Orders
Once the Products have been selected and placed in the basket, the Client must click on the basket and verify that the content of their order is correct. If the Client has not yet done so, they will then be invited to log in or register.
Once the Client has validated the contents of the basket and has logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, Delivery costs.
The Client is invited to check the content of their order (including quantity, characteristics and references of the ordered Products, billing address, payment method and price) before validating its content.
The Client can then proceed to payment for the Products by following the instructions on the Site and providing all necessary information for billing and Delivery of the Products. For Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for proper processing of the order.
The Client must also select the chosen Delivery method.
3.2.3 Invoicing
During the order process, the Client must enter the information necessary for invoicing (an asterisk (*) will indicate mandatory fields that must be completed for the Client's order to be processed by the Site).
The Client must clearly indicate all information related to Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
The Client must then specify the chosen payment method.
Neither the order form that the Client creates online, nor the order acknowledgment that the Site sends to the Client by email constitutes an invoice. Regardless of the ordering or payment method used, the Client will receive the original order form inside the package.
Any order placed on the website www.benoashop.com implies adherence to these General Conditions. Any order confirmation implies your full and complete acceptance of these general terms and conditions of sale, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. You declare that you have full knowledge of them. The order confirmation will constitute signature and acceptance of the operations carried out.
The Site reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Payment
4.1. Payment methods
The Client can pay for their Products online on the Site using the methods offered by the Site. The Client guarantees Benoa that they have all the necessary authorizations to use the chosen payment method. Benoa will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of online payment on the Site.
It is specified in this regard that all payment-related information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
4.2. Payment date
The Client's account will be debited as soon as the order for Products is placed on the Site.
4.3. Delay or refusal of payment
If the bank refuses to debit a card or other payment method, the Client must contact the Site's Customer Service to pay for the order by any other valid payment method.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transfer of funds owed by the Client proves impossible, the order will be cancelled and the sale automatically terminated.
Article 5 - Right of withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of fourteen (14) clear days from the receipt of your Products to exercise your right of withdrawal without having to justify reasons or pay a penalty. Returns must be made in their original and complete condition (packaging, accessories, instructions) and with the purchase invoice received with the package. In this context, your responsibility is engaged. Original condition means a Product that has not been used extensively and shows no traces of such use. Any damage suffered by the Product on this occasion may prevent the right of withdrawal. Return shipping costs are your responsibility. To exercise their right of withdrawal, the Client must notify their decision to withdraw from this contract by means of an unambiguous declaration to the address: 35 Route de Calvi, 20220 Île-Rousse or by email via our contact form
Article 6 - Availability
Our Products are offered as long as they are visible on the benoashop.com Site and within the limits of available stock. The Site undertakes to honor orders received provided that the Products are available. In case of unavailability of a Product after you place your order, the Site will inform you by email.
The Site may, at the Client's request:
Either propose to ship all Products at the same time as soon as out-of-stock Products are available again,
- Or proceed with a partial shipment of available Products first, then ship the rest of the order when the other Products are available, subject to clear information regarding any additional transportation costs that may be incurred,
- Or offer an alternative Product of equivalent quality and price, accepted by the Client. If the Client decides to cancel their order for unavailable Products, they will receive a refund of all sums paid for the unavailable Products within thirty (30) days of payment at the latest.
Article 7 - Delivery methods and times
7.1 Delivery area
The Products offered can only be delivered in mainland France and Europe.
The Products are shipped to the Delivery address(es) that the Client has indicated during the order process.
7.2 Shipping time
A maximum period of two (2) working days after the order is registered may be necessary to ship the order. The ordered Product is shipped by La Poste or Chronopost to the Delivery address indicated by the customer during the order process, within the time indicated on the order validation page. In case of an error in the address, the Site cannot be held responsible if the Products cannot be delivered.
In case of shipping delay, an email will be sent to you to inform you of any possible consequence on the Delivery time indicated to you.
In accordance with legal provisions, in case of Delivery delay, you have the option to cancel the order under the conditions and terms defined in article L 138-2 of the Consumer Code. If in the meantime you receive the Product, we will proceed with its reimbursement and shipping costs under the conditions of article L 138-3 of the Consumer Code.
In the case of Deliveries by a carrier, Benoa cannot be held responsible for Delivery delays due exclusively to the unavailability of the customer after several appointment proposals.
7.3 Delivery times and costs
During the ordering process, the Site indicates to the Client the possible shipping times and methods for the purchased Products.
Shipping costs are calculated based on the Delivery method. The amount of these costs will be due by the Client in addition to the price of the purchased Products.
7.4 Delivery methods
In case of absence, a delivery notice will be left for the Client, allowing them to pick up their package at their post office. Details of delivery times and costs are provided on the Site.
7.5 Delivery problems
It is specified that deliveries in France will be made within a maximum of 5 working days, and those for other European countries within 15 working days.
Failing this, the Client must formally request the Site to deliver within a reasonable timeframe, and in case of non-Delivery within this timeframe, they may terminate the contract.
The Site will reimburse the Client, without undue delay from the receipt of the termination letter, the total amount paid for the Products, including taxes and Delivery costs, using the same payment method as that used by the Client to purchase the Products.
The Site is responsible until the Product is Delivered to the Client. It is recalled that the Client has a period of three (3) days to notify the carrier of any damage or partial losses observed during Delivery.
Article 8 - Warranty
8.1. Conformity guarantee
All our Products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the Civil Code. In case of non-conformity of a Product sold, it may be returned, exchanged or refunded. All claims, requests for exchange or refund must be made by email (via our contact form) within fifteen (15) days of Delivery. Products must be returned to us in the condition in which the Client received them with all elements (accessories, packaging, instructions, etc.).
The Site is obliged to deliver a Product that conforms, meaning it is fit for the purpose expected of a similar item and corresponds to the description given on benoashop.com. This conformity also implies that the Product has the qualities that a buyer can legitimately expect given the public statements made by the Site, including in advertising and on labels.
In this context, the Site may be liable for conformity defects existing at the time of delivery and for conformity defects resulting from packaging, assembly instructions or installation when it was responsible for it or carried out under its responsibility.
The action resulting from the lack of conformity is time-barred after two (2) years from the delivery of the Product.
In case of lack of conformity, the Client may request the replacement or repair of the Product, at their choice. However, if the cost of the Client's choice is manifestly disproportionate to the other possible option, taking into account the value of the Product or the importance of the defect, the Site may proceed with a refund, without following the option chosen by the Client.
In the event that replacement or repair is impossible, the Site undertakes to refund the price of the Product within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Client to the following address: 35 Route de Calvi, 20220 Île-Rousse
Finally, the Client is exempt from proving the existence of the Product's lack of conformity during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of any commercial guarantee granted on the Products.
8.2. Hidden defects warranty
The Site is bound by the warranty against hidden defects of the sold Product that make it unfit for its intended use, or that diminish this use to such an extent that the Client would not have acquired it, or would have given a lower price for it, had they known about them.
This warranty allows the Client who can prove the existence of a hidden defect to choose between a refund of the Product price if it is returned and a refund of part of its price if the Product is not returned.
In the event that a replacement or repair is impossible, Benoa undertakes to refund the price of the Product within 30 days of receipt of the returned Product and in exchange for the return of the Product by the Client to the following address: 35 Route de Calvi, 20220 Île-Rousse.
The action resulting from hidden defects must be brought by the Client within two (2) years from the discovery of the defect.
Article 9 - Liability
The Products offered comply with current French legislation. Benoa's liability cannot be engaged in case of non-compliance with the legislation of the country where the Product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the Products or services you intend to order.
Furthermore, Benoa cannot be held responsible for damages resulting from improper use of the purchased Product or incorrect entry of an order.
Finally, Benoa's liability cannot be engaged for any inconveniences or damages inherent in the use of the Internet, including service interruption, external intrusion, or the presence of computer viruses.
Article 10 - Applicable law in case of disputes
The language of this contract is French. These terms and conditions of sale are subject to French law. In case of dispute, French courts will have sole jurisdiction.
Article 11 - Intellectual property
All elements of the benoashop.com Site are and remain the exclusive intellectual property of Benoa. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site, whether software, visual or audio, including the underlying technology used, protected by copyright, trademark law, and/or patent law. Any simple or hypertext link is strictly prohibited without the express written agreement of Benoa.
This agreement from Benoa will under no circumstances be granted definitively. This link must be removed at the request of the Site. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Article 12 - Personal data
Benoa collects personal data about its Customers on the Site, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by Benoa is used to process orders placed on the Site, manage the Customer's account, analyze orders, and, if the Customer has chosen this option, send them commercial prospecting emails, newsletters, promotional offers and/or information on special sales, unless the Customer no longer wishes to receive such communications from the Site.
Customer data is kept confidential by the Site in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution, and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
Data may be communicated, in whole or in part, to the Site's service providers involved in the ordering process. For commercial purposes, the Site may transfer the names and contact details of its Customers to its commercial partners, provided that the Customers have given their prior consent when registering on the Site.
The Site will specifically ask Customers if they wish their personal data to be disclosed. Customers may change their mind at any time on the Site or by contacting Benoa.
The Site may also ask its Customers if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the Customer benefits from a right to access, rectify, object (for legitimate reasons), and delete their personal data. They can exercise this right by sending an email via our contact form or by sending a letter to 35 Route de Calvi, 20220 Île-Rousse.
It is specified that the Customer must be able to prove their identity, either by scanning an identity document or by sending a photocopy of their identity document to the Site.
Article 13 - Archiving Proof
The Site will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the Site will be considered by all concerned parties as proof of communications, orders, payments, and transactions between the parties.
Article 14 - Validity of the General Terms and Conditions
Any modification of the applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Such a modification or decision does not in any case authorize Customers to disregard these General Terms and Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.
Article 15 - Modification of the General Terms and Conditions
These General Terms and Conditions apply to all online purchases made on the Site, as long as the Site is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by Benoa at any time. The applicable General Terms and Conditions are those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to Products already purchased.
Article 16 - Jurisdiction and Applicable Law
These General Terms and Conditions as well as the relations between the Customer and the Site are governed by French law.
In the event of a dispute, only French courts will be competent.
However, prior to any recourse to an arbitral or state judge, negotiation will be preferred in a spirit of loyalty and good faith in order to reach an amicable agreement when any conflict relating to this contract arises, including regarding its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of 20 (twenty) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the conflict subject to negotiation. By way of exception, the parties are authorized to seize the interim relief judge or to request the issuance of an order on request. A possible action before the interim relief court or the implementation of a procedure on request does not imply any waiver of the amicable settlement clause by the parties, unless expressly stated otherwise.
Example of withdrawal form:
_________________________________________________________________________________________________________
To SARL AVICA
I hereby notify you of my withdrawal from the contract for the sale of the product below:
Product Reference:
Invoice No.:
Purchase Order No.:
- Ordered on