Terms of Sales
The website www.benjaminjezequel.com is published by BENJAMIN JEZEQUEL, SAS registered with the RCS of Pontoise under number 514 628 114, whose registered office is located at 3 cité des Fleurs, 95240 Cormeilles-en-Parisis.
Publication Director: Mr. Benjamin Jézéquel
Contact email: sav@benjaminjezequel.com
The website www.benjaminjezequel.com is hosted by Shopify Inc., whose head office is located at 151 O'Connor Street, Ottawa, Ontario, K2P 2L8, Canada.
Preamble
These General Terms and Conditions of Sale and Use (hereinafter the "GTCU") govern all use of services accessible from the website www.benjaminjezequel.com (hereinafter: "the Site").
Every buyer acknowledges being legally competent.
The buyer declares and acknowledges having read and accepted without reservation all of these General Terms and Conditions of Sale and Use.
Furthermore, it is expressly stated that the Site comprises two sections corresponding to two purchasing methods: the traditional ONLINE STORE SECTION for purchases of currently available products, and the PRE-ORDERS SECTION for purchases of products not yet available but which can be manufactured if a minimum number of pre-orders are reached. Thus, a pre-order is indeed an order, but an order for a product not yet manufactured but which may be manufactured in the future.
Both sections offer products of the same quality level, but those in the PRE-ORDERS SECTION have more advantageous prices.
These two purchasing methods are entirely distinct. They have separate shopping carts and are subject to different provisions regarding Articles 2, 4, 5, and 6 of these General Terms and Conditions of Sale. Therefore, these articles are listed in two columns entitled "ONLINE SHOP SECTION" and "PRE-ORDERS SECTION," which each buyer should consult depending on which section they wish to purchase from.
Article 1 — Site Registration
In order to place an order or pre-order, all buyers must first register and create an account on the Site, by completing all the required fields and accepting these Terms and Conditions.
Only one account is permitted per buyer. In the event of non-compliance with this provision, BENJAMIN JEZEQUEL SAS reserves the right to delete the accounts of the buyer in question.
Every buyer guarantees to BENJAMIN JEZEQUEL SAS the truthfulness 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 information provided by the buyer.
In the event of any changes to this information, the buyer undertakes to notify BENJAMIN JEZEQUEL SAS as soon as possible.
Furthermore, each buyer is solely responsible for their personal username and password and agrees not to disclose them.
In the event that a buyer's account is used by an unauthorized third party, the buyer concerned by this unlawful use undertakes to inform BENJAMIN JEZEQUEL SAS immediately, who will then do his best to take appropriate measures.
Article 2 — Ordering or Pre-ordering 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 order steps are:
- Product selection and basket creation;
- Summary, possible option to order other products and/or remove a product already in the basket, basket validation;
- Login or creation of a customer account;
- Confirmation of delivery address;
- Choice of delivery method;
- Order summary including information relating to the essential characteristics of the products that are the subject of the order;
- Acceptance of the General Terms and Conditions of Sale and Use (GTC) via a checkbox, acceptance of the newsletter via a checkbox;
- Order payment with details of accepted payment methods;
- A confirmation email will be sent containing the information provided in the order summary, as well as the contact details for BENJAMIN JEZEQUEL SAS (postal address, contact email). This confirmation email also includes the General Terms and Conditions of Sale and Use (GTC), which can be printed. This confirmation email constitutes acceptance of the contract and starts the delivery period.
- The invoice will be sent to the buyer upon delivery.
The pre-order steps are:
- Selection of the product offered and creation of a basket;
- Summary, option to remove the product already added to the basket, basket validation;
- Login or creation of a customer account;
- Confirmation of delivery address;
- Choice of delivery method;
- Pre-order summary including information relating to the essential characteristics of the product being pre-ordered;
- Acceptance of the General Terms and Conditions of Sale and Use (GTC) via a checkbox, acceptance of the newsletter via a checkbox;
- Pre-order payment details with accepted payment methods;
- A confirmation email will be sent containing the information provided in the pre-order summary, as well as the contact details for BENJAMIN JEZEQUEL SAS (postal address, contact email). This confirmation email also includes the General Terms and Conditions of Sale and Use (GTC), which can be printed. This confirmation email constitutes acceptance of the contract but does not start the delivery period.
- The invoice will be sent to the buyer upon delivery.
To allow the buyer to track the progress of pre-orders, the following information is indicated on the pre-order page:
- the 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, in the event that pre-orders have reached the set number.
If, by the end of the campaign, pre-orders have not reached the target number, buyers are notified by email and refunded immediately. If pre-orders reach the target number, all affected buyers are notified by email and production of the product begins immediately. This email marks the start of the delivery period.
For payments made by credit card, a confirmation email will be sent to the buyer immediately after the secure payment provider accepts the payment. For payments made via PayPal, a confirmation email will be sent as soon as PayPal accepts the payment.
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 participation in delivery costs.
Any change to the VAT rate 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 mandatory tax.
BENJAMIN JEZEQUEL SAS may at any time change the prices of the products it offers on its Site.
However, products are always invoiced based on the prices indicated by BENJAMIN JEZEQUEL SAS in 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 discretion:
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By credit card (via Shopify Payments):
At the time of payment by credit card, the buyer is redirected to the secure Shopify Payments payment form via the secure HTTPS protocol. BENJAMIN JEZEQUEL SAS guarantees the reliability of transactions, as buyers' bank details are encrypted upon entry. BENJAMIN JEZEQUEL SAS does not retain buyers' bank details at any time; these are only temporarily stored by the payment provider. -
Via PayPal:
The buyer is redirected to PayPal's secure website. BENJAMIN JEZEQUEL SAS does not, at any time, hold the buyers' bank details.
Article 4 — Product presentation and availability
Product offers presented on the Site are valid while stocks last.
In the exceptional case where the ordered product is unavailable after order confirmation, the buyer will be informed as soon as possible by email. BENJAMIN JEZEQUEL SAS will then offer them the choice of:
- exchange the ordered product for another product offered for sale on the Site. In case of a price difference, the buyer will be immediately refunded the difference or will have to pay an additional amount equivalent to the price difference;
- to cancel his order. BENJAMIN JEZEQUEL SAS then undertakes to reimburse the buyer within a maximum period of fourteen (14) days from the day on which his bank account was debited.
In the case of an order consisting of several products, the buyer will not be able to request the cancellation of the entire order on the grounds that one of the ordered products 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 available products.
On the Site, each product is accompanied by a description and photographs. The photographs are as accurate as possible but cannot guarantee a perfect match with the product offered for sale, particularly with regard to colors.
Similarly, size indications (letters or numbers) refer to the grading system most commonly used in France, which should be consulted. The numerical indications are not product sizes but represent body measurements—or the average of measurements—to which the product is designed.
Products offered for pre-order are presented to potential buyers as prototypes through a brief campaign during which they can be pre-ordered. If pre-orders for a product reach the minimum number set by BENJAMIN JEZEQUEL SAS, production of the product is undertaken. Otherwise, production is cancelled and pre-orders are refunded immediately.
The products offered for pre-order are selected according to the season and current fashion trends. Detailed descriptions, including text and photos—and sometimes videos—are provided. However, since photographs cannot guarantee a perfect likeness to the pre-ordered product, they are not contractually binding.
Similarly, size indications (letters or numbers) refer to the grading system most commonly used in France, which should be consulted. Numerical indications are not product sizes but represent body measurements—or the average of measurements—to which the product is adapted. Therefore, they are not contractually binding.
Article 5 — Right of withdrawal
5.1 — Exercising the right of withdrawal
The buyer has the right of withdrawal provided for in Articles L. 221-18 et seq. of the Consumer Code.
The buyer has the right to cancel all or part of their order, without giving a reason, within 14 days of delivery. Delivery is considered complete when the ordered product (or a delivery notice) has been deposited in the mailbox.
In the case of a single order for several products delivered separately, the 14-day period begins as soon as the last product of the order has been deposited (or a notice of deportation has been sent) in the mailbox.
The buyer must inform BENJAMIN JEZEQUEL SAS of their decision to withdraw by sending them directly, before the expiry of the 14-day period, the withdrawal form accessible on the Site or any other unambiguous statement expressing their wish to withdraw.
5.2 — Product Return
Once the right of withdrawal has been exercised, the buyer must return the product(s) to BENJAMIN JEZEQUEL SAS without delay, and in any case no later than 14 days after sending their decision to withdraw, to the following address: BENJAMIN JEZEQUEL SAS, 3 cité des Fleurs, 95240 Cormeilles-en-Parisis.
The buyer is responsible for return shipping costs.
The product(s) must be returned to BENJAMIN JEZEQUEL SAS in their original packaging (or similar packaging), properly sealed, complete, and labeled. Otherwise, the refund may be refused.
Damaged, soiled, washed, or worn items will not be accepted for return. They will be shipped back to the buyer at their own expense, who must first pay the return shipping costs.
5.3 — Reimbursement Terms
In the event of cancellation of the order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums received for the order in question, including delivery costs (with the exception of additional costs related to a delivery method other than the default delivery method offered by BENJAMIN JEZEQUEL SAS during the order placement process).
In the event of a partial cancellation of an order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums received for returned products, excluding delivery costs.
The refund will be made using the same payment method as the one used for the purchase, without delay, and at the latest within fourteen (14) days of the date of receipt of the cancellation request.
Until midnight on the last day of the pre-order period, the buyer can, by email, modify their details (including their delivery address) or the size of the item they ordered.
In the event of a return, the buyer is offered a credit note but does not have the right of withdrawal provided for in Articles L. 221-18 et seq. of the Consumer Code.
Indeed, in the pre-order system, BENJAMIN JEZEQUEL SAS does not hold stock, which makes the traditional exchange and refund system inapplicable. Furthermore, it is important to remember that pre-ordered products are manufactured taking into account the specific needs, particularly size, of each buyer.
However, pursuant to Article L. 221-28 of the Consumer Code, "the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized".
However, as a courtesy, BENJAMIN JEZEQUEL SAS is committed to offering credit notes to customers wishing to return their products. These credit notes apply to products from both the Pre-order section and the Online Store section. As for size exchange requests, they are grouped and processed to facilitate potential exchanges between customers.
The buyer is responsible for return shipping costs.
The product must be returned to BENJAMIN JEZEQUEL SAS in its original packaging (or similar packaging) properly closed, complete and labeled.
Damaged, soiled, washed, or worn products will not be eligible for a refund or exchange. They will be returned at the buyer's expense, who must first pay the return shipping costs.
Products returned and not ultimately exchanged will be offered for sale in the Online Shop section at prices corresponding to the prices charged in that section.
Article 6 — Delivery and Transfer of Risk
6.1 — Delivery methods
BENJAMIN JEZEQUEL SAS delivers its products worldwide.
Shipping costs are not included in the price of products offered for sale on the Site. They are charged separately and displayed at the bottom of each shopping cart at the time of order or pre-order. They are also shown on the invoice. The cost depends on the weight of the package, the destination country, and the shipping method chosen by the buyer.
For mainland France only, delivery may be free of charge when purchasing a certain number of products or a certain amount.
Of all the delivery methods offered on the Site, the default delivery method is Colissimo.
As soon as the package is shipped, the buyer is notified by email that the shipment has been sent, and BENJAMIN JEZEQUEL SAS provides them with the tracking number, allowing them to follow the delivery of their order. Delivery is considered complete when the ordered product (or a delivery notice) has been deposited in the mailbox.
In the event of a material error in the delivery address provided by the buyer during the order or pre-order process, BENJAMIN JEZEQUEL SAS cannot be held liable for any delivery failure or delay. Any additional delivery charges will then be borne by the buyer.
In the event of delivery requiring an appointment with the buyer, BENJAMIN JEZEQUEL SAS cannot be held responsible for a delay or impossibility of delivery due to the unavailability of the buyer.
In the event of failure by BENJAMIN JEZEQUEL SAS to fulfill its obligation to deliver within the agreed time frame, the buyer has the option to cancel the order, under the conditions provided for in Article L. 216-2 of the Consumer Code.
To do so, the buyer must formally request that BENJAMIN JEZEQUEL SAS deliver the purchased product within a reasonable timeframe (50% of the initially agreed delivery time). If delivery is not made within this reasonable timeframe, the buyer may cancel their order by registered letter with acknowledgment of receipt or by written notice on any other durable medium.
The order will be considered cancelled upon receipt by BENJAMIN JEZEQUEL SAS of the cancellation notification sent by the buyer, unless BENJAMIN JEZEQUEL SAS has performed in the meantime.
In the event of cancellation of the order, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums received (price of the product + delivery costs) at the latest within fourteen (14) days from receipt of the notification of cancellation of the order.
6.2 — Delivery Times
Delivery times only begin to run from the date the buyer receives their order confirmation email.
On average, delivery times are 3 to 6 business days (all days of the week except Sundays and public holidays) for mainland France and 6 to 10 business days for overseas territories and international destinations. However, in the event of restocking, delivery times may be 10 to 30 days.
In all cases, the buyer will be informed of the maximum delivery time during the ordering process.
Delivery times only begin to run from the date the buyer receives the email informing them that the pre-order campaign is closed.
On average, delivery then takes place within a period of up to four months, during which time the product is manufactured.
In all cases, the buyer will be informed of the maximum delivery time during the pre-order process.
6.3 — Transfer of risks
It is the buyer's responsibility to open the package upon receipt to check its condition. If the goods are damaged during transport, the buyer may refuse the package. If the buyer accepts the package, they must note their observations on the carrier's delivery slip and immediately contact BENJAMIN JEZEQUEL SAS to return the package. The return shipping costs will be reimbursed to the buyer, and a replacement product will be sent free of charge.
Article 7 — Responsibility
7.1 — General Provisions
In the event that BENJAMIN JEZEQUEL SAS is held liable for failure to fulfill any of its obligations, the buyer acknowledges and accepts that BENJAMIN JEZEQUEL SAS will never be liable for indirect or intangible damages such as loss of profit, loss of contract, loss of opportunity, or damage to image.
7.2 — Access to the Site
Access to the Site requires a high-speed internet connection.
BENJAMIN JEZEQUEL SAS cannot in any way guarantee that the services offered on the Site will not suffer any interruption, given the technical difficulties inherent in the Internet network.
Therefore, its liability cannot be engaged, in particular, in the event of malfunction in access to the Site and temporary slowdown in the speed of opening the pages of the Site.
Furthermore, BENJAMIN JEZEQUEL SAS will never be responsible for any malfunction or deterioration of the buyers' computer equipment, particularly due to contamination by a virus.
7.3 — Maintenance
BENJAMIN JEZEQUEL SAS may be required to carry out maintenance operations on the Site.
It is understood that BENJAMIN JEZEQUEL SAS cannot be held liable in the event of temporary suspension of access to the Site for maintenance reasons.
7.4 — Force majeure
BENJAMIN JEZEQUEL SAS cannot be held responsible for a failure to perform any of its obligations if that failure was caused by an event of force majeure as defined by French case law.
Article 8 — Legal guarantee of conformity
Products ordered on the Site must be delivered without defects in conformity, in accordance with the provisions of Articles L. 217-4 et seq. of the Consumer Code.
The buyer has two years from the date of delivery of the goods to take action.
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 contest 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 non-conformity, BENJAMIN JEZEQUEL SAS will replace the product at no cost to the buyer.
The legal guarantee of conformity excludes damage due to normal wear and tear, improper use, and lack of maintenance or inadequate care. Similarly, goods that have been washed or worn are excluded from this guarantee.
Furthermore, the sale cannot be rescinded if the non-conformity is minor.
The action for non-conformity is time-barred after two years from the date of delivery of the goods.
Article 9 — Intellectual Property
All elements comprising the Site (texts, comments, trademarks, trade name, domain name, designs, images, graphic charter, logos, photos, videos, database…) 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 component elements.
Any reproduction or representation, in whole or in part, of the Site and/or one or more of its elements is strictly prohibited, except with prior written authorization from BENJAMIN JEZEQUEL SAS.
Any buyer operating a website may insert a hyperlink to one of the Site's pages, provided that the content of their website is consistent with the brand image and spirit of BENJAMIN JEZEQUEL SAS. In any event, the buyer in question must first obtain the express written consent of BENJAMIN JEZEQUEL SAS.
Article 10 — Personal Data
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and Law No. 78-17 of 6 January 1978 as amended, every buyer has the right to access, rectify, erase, restrict processing, port and object to personal data concerning him/her.
Any request in this regard should be addressed to BENJAMIN JEZEQUEL SAS at the following address: 3 cité des Fleurs, 95240 Cormeilles-en-Parisis, or by email to hello@benjaminjezequel.com .
All requests must be accompanied by a photocopy of the buyer's identity document (identity card, passport, driving licence).
BENJAMIN JEZEQUEL SAS has a maximum of one month from receipt of the request to respond.
Buyers' personal data is collected fairly and lawfully for security purposes, to comply with legal and regulatory obligations and in particular to combat fraud, to improve the processing and monitoring of orders, and to allow buyers to receive offers from BENJAMIN JEZEQUEL SAS as well as its newsletter (if consent is given).
For the purposes of product delivery, the personal data of buyers will be transmitted to the transport companies mandated for deliveries.
Furthermore, the personal data of buyers may be disclosed if BENJAMIN JEZEQUEL SAS is compelled to do so by law, regulation, or court order.
Article 11 — Cookies
BENJAMIN JEZEQUEL SAS reserves the right, in order to facilitate the navigation of buyers 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 they log in and to facilitate electronic communication.
BENJAMIN JEZEQUEL SAS cannot guarantee the optimal functioning of the Site if the buyer refuses to accept 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 — Convention on Evidence
Electronic written documents will be an admissible form of proof of the rights and/or obligations of the parties to these General Terms and Conditions of Sale and Use.
Computerized records, stored 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 of Sale are held to be invalid under any law, regulation or as a result of a final court decision, the other clauses shall remain in full force and effect.
Article 14 — Amendment to the General Terms and Conditions of Sale
BENJAMIN JEZEQUEL SAS reserves the right to modify these General Terms and Conditions of Sale at any time, in whole or in part.
Each buyer is deemed to accept the current version of the General Terms and Conditions of Sale and Use (GTCU) upon each new connection to the Site.
Article 15 — Applicable Law and Jurisdiction
These General Terms and Conditions of Sale and Use are governed by French law.
Only the Commercial Court of Pontoise will have jurisdiction in the event of a dispute concerning their interpretation and/or execution.
