General conditions of sale - Benjamin Jezequel

The site www.benjaminjezequel.com is published by BENJAMIN JEZEQUEL, SAS registered with the RCS of Pontoise under number B 514 628 114, whose head office is located at 3 Cité des Fleurs in Cormeilles en Parisis (95240)

Publication Director: Mr. BENJAMIN JEZEQUEL

Contact email: hello@benjaminjezequel.com

The site www.benjaminjezequel.com is hosted by SHOPIFY (OHIS Service), which publishes the website .www.shopify.com/

The site www.benjaminjezequel.com is created by Benjamin Jézéquel.

PREAMBLE

These General Conditions of Sale and Use govern (hereinafter the “CGVU”) govern any use of the services accessible from the site ww w.benjaminjezequel.com (hereinafter: “the Site”).

Every buyer acknowledges being legally capable.

The buyer declares and acknowledges having read and accepted without reservation the entirety of these General Terms and Conditions.

Furthermore, please remember that the Site offers two purchasing methods:

1) products currently available can be purchased online on the eshop.

2) products not yet available but offered for pre-orders must be pre-ordered on the site.

ARTICLE 1: REGISTRATION ON THE SITE

To be able to make a purchase or pre-order, any buyer must first register and create an account on the Site, by completing all mandatory fields and validating these General Terms and Conditions.

Only one account is authorized per buyer.

All buyers guarantee BENJAMIN JEZEQUEL SAS the veracity and accuracy of the information provided when creating their customer account and during the order or pre-order process.

Consequently, BENJAMIN JEZEQUEL SAS cannot be held responsible for the inaccuracy or irrelevance of the information provided by the buyer.

In the event of a change in this information, the buyer undertakes to notify BENJAMIN JEZEQUEL SAS as soon as possible.

In addition, all buyers are solely responsible for their personal identifier and password and undertake not to disclose them.

In the event that a buyer's account is used by an unauthorized third party, the buyer affected by this illicit use undertakes to inform BENJAMIN JEZEQUEL SAS immediately, who will then do its best to take appropriate measures.

ARTICLE 2: ORDER OR PRE-ORDER PROCESS

BENJAMIN JEZEQUEL SAS reserves the right to refuse any order or pre-order from an identified buyer with whom there is a dispute relating to a previous order or pre-order.

BENJAMIN JEZEQUEL SAS also reserves the right to refuse any order or pre-order presenting an abnormal quantity of products.

The ordering or pre-ordering steps are:

1) Selection of products and creation of a basket;

2) Summary, Possible possibility of ordering other products and/or deleting a product already placed in the basket, Validation of the basket;

3) Login or Creation of a customer account;

4) Confirmation of delivery address;

5) Choice of delivery method;

6) Summary of the order including information relating to the essential characteristics of the products which are the subject of the order;

7) Acceptance of the General Terms and Conditions by a checkbox, Acceptance of the newsletter by a checkbox;

8) Payment of the order or pre-order with details of the payment methods accepted;

9) Sending a confirmation email containing the information indicated in the order summary as well as the contact details of BENJAMIN JEZEQUEL SAS (postal address, contact email, telephone number). This confirmation email also contains the General Terms and Conditions accessible in a printable format. This confirmation email materializes the conclusion of the contract and starts the delivery period;

10) Sending the invoice to the buyer upon delivery

For the buyer to track the progress of pre-orders, the following information is provided on the pre-order page:

- the maximum duration of the campaign during which it is possible to pre-order the product;

- the percentage increase in the number of pre-orders;

- the expected delivery date of the product.

Once the pre-orders have reached the set number, the manufacturing of the product can begin.

If, at the end of the campaign, pre-orders have not reached this number, buyers will be informed by email and refunded immediately.

It is specified that in the event of payment by bank transfer, the confirmation email will be sent to the buyer on the day of actual receipt of the bank transfer by BENJAMIN JEZEQUEL SAS.

In the event of payment by credit card, the confirmation email will be immediately sent to the buyer after acceptance of payment by Caisse d'Epargne or by the PAYPAL company.

ARTICLE 3: PRICE AND PAYMENT TERMS

The prices of the products displayed on the Site are indicated in euros and are inclusive of all taxes, excluding delivery costs.

Any change in VAT will be automatically and immediately reflected in the price of the products. The same will apply in the event of the creation of a new compulsory tax.

BENJAMIN JEZEQUEL SAS may at any time modify the prices of the products offered on its Site.

However, the products are always invoiced on the basis of the prices indicated by BENJAMIN JEZEQUEL SAS during the order or pre-order summary and in the order or pre-order confirmation email.

Payment can be made on the Site, at the buyer's choice:

- By credit card (Visa, Mastercard):

When paying by credit card, the buyer is sent to the Caisse d'Epargne website, via a secure https protocol, or to the secure PAYPAL site.

BENJAMIN JEZEQUEL SAS guarantees the reliability of transactions, with buyers' banking data being encrypted as soon as they are entered.

BENJAMIN JEZEQUEL SAS does not know or hold at any time the bank details of buyers, which are only and provisionally kept by PAYPAL.

ARTICLE 4: PRESENTATION AND AVAILABILITY OF PRODUCTS

ESHOP

The product offers presented on the Site are valid while stocks last.

In the exceptional case where the ordered product is unavailable after validation of an order, the buyer will be informed as soon as possible by email or telephone. BENJAMIN JEZEQUEL SAS will then offer him the choice of:

-exchange the ordered product with another product offered for sale on the Site. In the event of a price difference, the buyer will be immediately refunded the difference or must pay a surplus equivalent to the price difference;

-cancel your order. BENJAMIN JEZEQUEL SAS then undertakes to reimburse the buyer immediately.

In the case of an order consisting of several products, the buyer cannot request the cancellation of the entire order, on the grounds that one of the products ordered is unavailable.

The exchange or cancellation of an unavailable product therefore does not affect the entire contract concluded between the buyer and BENJAMIN JEZEQUEL SAS, which continues to produce its effects with regard to the available products.

On the Site, each product is accompanied by a description and photographs. The photographs are as faithful as possible but cannot ensure perfect similarity with the product offered for sale, particularly with regard to the colors. They therefore do not fall within the contractual scope.

Likewise, the size indications (letters or numbers) refer to the gradation most generally used in France and to which it is appropriate to refer. Finally, certain numerical indications are not those of the products but represent body measurements - or the average of measurements - to which the product is suitable. When this type of indication arises, it is always specified.

PRE-ORDERS

Products offered for pre-order are presented to buyers in prototype form through a brief campaign during which they can be pre-ordered. From the moment the number of pre-orders for a product reaches the minimum quantity set by BENJAMIN JEZEQUEL SAS, the campaign can be closed and production of the product can be undertaken. Otherwise, production is abandoned and pre-orders refunded immediately.

The products offered for pre-order are selected according to the season and fashion trends. Texts as well as photos - possibly videos - provide a detailed description. However, since photographs cannot ensure perfect similarity with the pre-ordered product, they do not fall within the contractual scope.

ARTICLE 5: RIGHT OF WITHDRAWAL

Article 5.1: Exercise of the right of withdrawal

Delivery is deemed to have been made when the product purchased or pre-ordered has been declared by the Post Office to have been deposited in the mailbox.

The buyer has the right of withdrawal provided for in articles L. 121-21 et seq. of the Consumer Code.

The buyer has the right to cancel all or part of his order, without reason, within 14 days of delivery of the product. In the case of a single order for several products delivered separately, the 14-day period begins as soon as the last product in the order has been deposited (or a notice of proceedings) in the mailbox.

The buyer must inform BENJAMIN JEZEQUEL SAS of his decision to withdraw by sending him directly, before the expiration of the 14-day period, the withdrawal form (accessible on the Site at the end of these General Terms and Conditions) or any other declaration, unambiguous, expressing his desire to retract.

If the withdrawal is made for the purpose of exchange, the buyer is offered to choose another equivalent product on the site which will then be sent to him without any costs.

Article 5.2: Return of products

Once his right of withdrawal has been exercised, the buyer must return the product(s) to BENJAMIN JEZEQUEL SAS without delay, and in any case at the latest within 14 days following the sending of his decision to withdraw, at the following address:

BENJAMIN JEZEQUEL

3 city of flowers

95240 Cormeilles in Paris

At the time of this return, the buyer must complete the “RETURNS” form that he received with the order and indicate whether he wishes an exchange or a refund.

He must also indicate the cause of the return so that BENJAMIN JEZEQUEL SAS benefits from the feedback. Do not forget to attach this form to the returned item.

Return costs are the responsibility of BENJAMIN JEZEQUEL SAS for mainland France.

The product(s) must be returned in their original packaging (or similar packaging) correctly closed, complete and labeled.

Product(s) damaged, soiled, washed or worn will not be returned. They will then be made available to the buyer.

Article 5.3: Reimbursement terms

In the event of cancellation of the order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums received under the order concerned, with the exception of delivery costs and additional costs linked to a delivery method other than the method default delivery date offered by BENJAMIN JEZEQUEL SAS during the order placement process).

In the event of partial cancellation of an order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all amounts received for the returned products, excluding delivery costs.

The refund will be made by the same payment method as that used during the purchase, or by bank transfer, without delay, and at the latest within fourteen (14) days following the date of receipt of the cancellation request.

ARTICLE 6: DELIVERY AND TRANSFER OF RISKS

Article 6.1: Delivery terms

BENJAMIN JEZEQUEL SAS delivers its products to mainland France (including Corsica), overseas, Monaco, Andorra, and to around thirty countries, notably those of the European Union, Switzerland, the United Kingdom, Norway , the United States, Russia, Australia, Japan and China.

The cost of delivery is not included in the price of the product offered for sale on the Site. It is applied additionally, and displayed at the bottom of each basket, at the time of ordering or pre-ordering. It is also indicated on the invoice. Its amount depends on the weight of the package, the country of destination and possibly the delivery method.

The delivery method (in France and abroad) offered on the Site is the Colissimo Service of the French Post Office which is therefore the default delivery method.

As soon as the package is sent, the buyer is notified by e-mail that the shipment has just been made and they are given the package number which will allow them to track their order on the La Post www.laposte.fr/csuivi .

For mainland France (including Corsica), Overseas Territories, Monaco and Andorra, delivery is made without the recipient's signature and is deemed to have been made when the product ordered (or a notice of instance) has been been declared by the Post Office to have been deposited in the letterbox.

For foreign countries, delivery is made against the recipient's signature. If he is absent, a notice of proceedings is left in his mailbox inviting him to come and collect his package from the post office.

In the event of a material error in the delivery address indicated by the buyer during the order or pre-order process, BENJAMIN JEZEQUEL SAS cannot be held liable in the event of impossibility of delivery or late delivery. Any additional delivery costs will then, where applicable, be borne by the buyer.

In the event of delivery requiring an appointment with the buyer (for example if he has to go to the Post Office to pick up his package), BENJAMIN JEZEQUEL SAS cannot be held responsible for a delay or impossibility of delivery. due to unavailability of the buyer.

In the event of failure by BENJAMIN JEZEQUEL SAS to fulfill its delivery obligation within the agreed deadlines, the buyer has the right to cancel the order, under the conditions provided for in article L. 138-2 of the Consumer Code.

To do this, the buyer must, at the expiration of the stipulated period, give formal notice to the company BENJAMIN JEZEQUEL SAS, by registered mail with acknowledgment of receipt or in writing on any other durable medium, to deliver the purchased product in a reasonable deadline (50% of the time initially planned). In the absence of delivery after this reasonable period, the buyer may cancel his order by registered mail with acknowledgment of receipt.

The order will be considered canceled upon receipt, by BENJAMIN JEZEQUEL SAS, of the cancellation notification sent by the buyer, unless BENJAMIN JEZEQUEL SAS has complied in the meantime.

In the event of cancellation of the order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums collected (product price + delivery costs) at the latest within fourteen (14) days from receipt of the order. notification of order cancellation.

Article 6.2: Delivery times

Delivery times only begin upon receipt by the buyer of their order confirmation email.

ESHOP

On average, delivery times for items purchased on the eshop are 3 to 6 working days (every day of the week except Sundays and public holidays) for France and 6 to 10 working days for overseas. Sea and International. In the event of restocking, delivery times may nevertheless be 30 to 60 days.

For mainland France only, delivery can be made free of charge when purchasing a certain number of products or a certain amount.

PREORDERS

For pre-ordered items, delivery times only begin upon receipt by the buyer of the email informing them that the pre-order campaign has been closed and manufacturing has begun.

On average, delivery then occurs within four months, during which the product is manufactured.

In any case, the buyer will be informed of the delivery time during the pre-order process. This time frame includes the manufacturing time to which must be added the shipping time itself, namely 3 to 6 working days for France and 6 to 10 working days for Overseas and International.

Article 6.3: Transfer of risks

It is the buyer's responsibility to open the package upon receipt in order to check its condition. In the event of damage to the goods linked to transport, the buyer may refuse the package. If he accepts it, he must report his observations on the carrier's delivery note and immediately contact BENJAMIN JEZEQUEL SAS to return the package. Return costs will be refunded to the buyer and a replacement product will be sent back to them free of charge.

ARTICLE 7: RESPONSIBILITY

Article 7.1: General provisions

In the event that BENJAMIN JEZEQUEL SAS is held liable for failure to fulfill one or other of its obligations, the buyer acknowledges and admits that BENJAMIN JEZEQUEL SAS will never be responsible for indirect or immaterial damage such as loss of profit, loss of contract, loss of opportunity, damage to image.

Article 7.2: Access to the Site

Access to the Site requires a high-speed internet connection.

BENJAMIN JEZEQUEL SAS cannot under any circumstances guarantee that the services offered on the Site will not be interrupted, given the technical difficulties inherent in the Internet network.

As a result, it cannot be held liable, in particular, in the event of a malfunction in access to the Site and a temporary slowdown in the speed at which the pages of the Site are opened.

Furthermore, BENJAMIN JEZEQUEL SAS will never be responsible for any malfunction or deterioration of buyers' computer equipment, in particular due to contamination by a virus.

Article 7.3: Maintenance

BENJAMIN JEZEQUEL SAS may be required to carry out maintenance operations on the Site.

It is understood that BENJAMIN JEZEQUEL SAS can never be held liable in the event of temporary suspension of access to the Site for maintenance reasons.

Article 7.4: Force majeure

BENJAMIN JEZEQUEL SAS cannot be held responsible for a failure to fulfill one or other of its obligations if this failure was caused by an event having a force majeure nature within the meaning of French case law.

ARTICLE 8: LEGAL GUARANTEE OF CONFORMITY

The products ordered on the Site must be delivered without lack of conformity, in accordance with the provisions of articles L. 211-4 et seq. of the Consumer Code.

The buyer has a period of two years from delivery of the goods to act.

The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

BENJAMIN JEZEQUEL SAS may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

The legal guarantee of conformity applies independently of any commercial guarantees.

In the event of a proven lack of conformity, BENJAMIN JEZEQUEL SAS will replace the product without any costs being borne by the buyer.

Excluded from the legal guarantee of conformity are damages due to natural wear and tear, inappropriate use and lack of or inadequate maintenance. Likewise, goods that have been washed or worn are excluded from this guarantee.

Furthermore, the sale cannot be canceled if the lack of conformity is minor.

Action for lack of conformity is prescribed two years from delivery of the goods.

ARTICLE 9: INTELLECTUAL PROPERTY

All elements making up the Site (texts, comments, brands, commercial name, domain name, drawings, images, graphic charter, logos, photos, videos, database, etc.) are strictly protected by intellectual property law and are the exclusive property of BENJAMIN JEZEQUEL SAS and/or its commercial partners.

The fact that the buyer can use the Site does not imply any transfer or authorization to exploit or use any of its elements.

Any reproduction or total or partial representation of the Site and/or one or more of its elements is strictly prohibited, without the prior written authorization of BENJAMIN JEZEQUEL SAS.

Any buyer publishing a website may insert a hypertext link to one of the pages of the Site, provided that the content of their site complies with the brand image and spirit of BENJAMIN JEZEQUEL SAS. In any event, the buyer concerned must first obtain the express written consent of BENJAMIN JEZEQUEL SAS.

ARTICLE 10: PERSONAL DATA

BENJAMIN JEZEQUEL SAS has declared the Site to the Commission Nationale Informatique et Libertés under number Z$T0608321y.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, all buyers have the right to access, rectify and oppose personal data concerning them.

Any request to this effect must be addressed to BENJAMIN JEZEQUEL SAS and to the following address: 3 cite des fleurs in Cormeilles en Parisis.

Any request must be accompanied by a photocopy of an identity document (identity card, passport, driving license) of the buyer.

BENJAMIN JEZEQUEL SAS has a maximum period of two months following receipt of the request to respond to it.

The personal data of buyers is collected in a fair and lawful manner for security purposes, in order to comply with legal and regulatory obligations and in particular to fight against fraud, in order to improve the processing and tracking of orders, and in order to allow buyers to receive offers from BENJAMIN JEZEQUEL SAS as well as its newsletter.

For the purposes of delivering the products, the personal data of buyers will be transmitted to the transport companies commissioned for deliveries.

Furthermore, the personal data of buyers may be disclosed if BENJAMIN JEZEQUEL SAS is obliged to do so in application of a law, a regulation, or a court decision.

ARTICLE 11: COOKIES

BENJAMIN JEZEQUEL SAS reserves the right, in order to facilitate buyers' navigation on the Site, to place connection cookies (cookies or similar files) on their connection terminals.

The role of cookies is in particular to identify the buyer more quickly when connecting and to facilitate communication electronically.

BENJAMIN JEZEQUEL SAS cannot guarantee the optimal functioning of the Site if the buyer refuses to receive cookies. Cookies also allow BENJAMIN JEZEQUEL SAS to use statistical data via the Google Analytics program.

Any buyer can refuse to receive cookies from BENJAMIN JEZEQUEL SAS by configuring their internet browser.

ARTICLE 12: PROOF CONVENTION

Writing in electronic form will be an admissible method of proof of the rights and/or obligations of the parties to these General Terms and Conditions.

The computerized records, kept in the computer systems of BENJAMIN JEZEQUEL SAS under reasonable security conditions, are considered as proof of communications, orders and payments made between the parties.

ARTICLE 13: PARTIAL NULLITY

If one or more clauses of these General Terms and Conditions are held to be invalid in application of a law, a regulation or following a court decision which has become final, the other clauses will retain their full force. and their scope.

ARTICLE 14: MODIFICATION OF THE CGVU

BENJAMIN JEZEQUEL SAS reserves the right to modify at any time, partially or totally, these General Terms and Conditions.

All buyers are deemed to accept the current version of the General Terms and Conditions each time they connect to the Site.

ARTICLE 15: APPLICABLE LAW AND JURISDICTIONAL JURISDICTION

These General Terms and Conditions are governed by French law.

Only the Pontoise Commercial Court will have jurisdiction in the event of a dispute regarding their interpretation and/or execution.

Appendix 1: Withdrawal form

RETURN FORM

FOR ALL ITEMS PURCHASED - EXCHANGE OR REFUND

You will find all the information for returning an item in the PRODUCT RETURN section which can be found in the footer of the Eshop and Pre-orders pages.

Your first and last name:………………………………..

The item you are returning is: ……………………………………

Do you want an exchange? : YES NO

The item you want to receive in exchange is: ……………………………………

Size : ………………. Color : ………………….

Do you want a refund: YES NO

Why am I returning the item…………………………………………………..

……………………………………………………………………………..

Signature

Place the item in the original packaging or similar packaging
. Tape it carefully
. Attach the RETURNS form . Send the package by Colissimo to our address :

BENJAMIN JEZEQUEL

3 city of flowers

95240 CORMEILLES IN PARISIS

TERMS OF SALES