Terms of Sales
The website www.benjaminjezequel.com is published by BENJAMIN JEZEQUEL, S.A.S. registered with the Pontoise Trade and Companies Register under number 514 628 114, whose registered office is located at 3 cité des Fleurs, 95240 Cormeilles-en-Parisis, France.
Publication director: Mr. Benjamin Jézéquel
Contact email: sav@benjaminjezequel.com
The website www.benjaminjezequel.com is hosted by Shopify Inc., whose registered 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 the services accessible from the website www.benjaminjezequel.com (hereinafter: "the Website").
All buyers acknowledge that they are legally capable.
The buyer declares and acknowledges having read and unreservedly accepted all of these GTCU.
Furthermore, it is expressly recalled that the Website has two sections corresponding to two purchase methods: the traditional ONLINE STORE SECTION, for the purchase of currently available products, and the PRE-ORDER SECTION, for the purchase of products not yet available but which can be manufactured if the total number of pre-orders reaches a minimum number. Thus, a pre-order is indeed an order, but an order for a product not yet manufactured but which can be.
Both sections offer quality products of the same standard, but those in the PRE-ORDER SECTION have more advantageous prices.
These two purchase methods are distinct. They have separate carts and are subject to different provisions concerning articles 2, 4, 5 and 6 of these GTCU. This is why these articles are presented in two columns entitled "ONLINE STORE SECTION" and "PRE-ORDER SECTION", to which all buyers must refer depending on whether they wish to make a purchase in one section or the other.
Article 1 — Website Registration
To place an order or pre-order, all buyers must first register and create an account on the Website, by completing all mandatory fields and validating these GTCU.
Only one account is allowed per buyer. In case of non-compliance with this provision, BENJAMIN JEZEQUEL SAS reserves the right to delete the accounts of the buyer concerned.
All buyers guarantee BENJAMIN JEZEQUEL SAS the truthfulness and accuracy of the information provided during the creation of their customer account and during the order or pre-order process.
Consequently, BENJEQUEL SAS cannot be held responsible for the inaccuracy or irrelevance of information originating from the buyer.
In the event of a change in this information, the buyer undertakes to notify BENJAMIN JEZEQUEL SAS as soon as possible.
Furthermore, all buyers are solely responsible for their personal username 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 concerned by this illicit use undertakes to inform BENJAMIN JEZEQUEL SAS immediately, which 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 showing an abnormal quantity of products.
The order steps are:
- Selection of products and creation of a cart;
- Summary, possible option to order other products and/or delete a product already in the cart, validation of the cart;
- Login or creation of a customer account;
- Confirmation of the delivery address;
- Choice of delivery method;
- Order summary showing information relating to the essential characteristics of the products being ordered;
- Acceptance of the GTCU by checking a box, acceptance of the newsletter by checking a box;
- Payment for the order with details of accepted payment methods;
- 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). This confirmation email also contains the GTCU accessible in a printable format. This confirmation email formalizes the conclusion of the contract and starts the delivery period;
- Sending the invoice to the buyer upon delivery.
The pre-order steps are:
- Selection of the product offered and creation of a cart;
- Summary, option to delete the product already in the cart, validation of the cart;
- Login or creation of a customer account;
- Confirmation of the delivery address;
- Choice of delivery method;
- Pre-order summary showing information relating to the essential characteristics of the product being pre-ordered;
- Acceptance of the GTCU by checking a box, acceptance of the newsletter by checking a box;
- Payment for the pre-order with details of accepted payment methods;
- Sending a confirmation email containing the information indicated in the pre-order summary as well as the contact details of BENJAMIN JEZEQUEL SAS (postal address, contact email). This confirmation email also contains the GTCU accessible in a printable format. This confirmation email formalizes the conclusion of the contract but does not start the delivery period;
- Sending the invoice to the buyer upon delivery.
So that the buyer can follow the progress of pre-orders, the following are indicated on the pre-order page:
- the duration of the campaign during which it is possible to pre-order the product;
- the percentage progress of the number of pre-orders;
- the expected delivery date of the product, if the pre-orders have reached the fixed number.
If, at the end of the campaign, the pre-orders have not reached this number, buyers are informed by email and reimbursed immediately. If the pre-orders have reached the fixed number, all concerned buyers are informed by email and the production of the product is immediately undertaken. This email starts the delivery period.
In the case of payment by credit card, the confirmation email will be sent immediately to the buyer after acceptance of payment by the secure payment provider. In the case of payment by PayPal, the confirmation email will be sent upon acceptance of payment by PayPal.
Article 3 — Price and Payment Terms
The prices of products displayed on the Website are indicated in euros and include all taxes, excluding participation in 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 mandatory tax.
BENJAMIN JEZEQUEL SAS may at any time modify the prices of the products it offers on its Website.
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 Website, at the buyer's choice:
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By credit card (via Shopify Payments):
At the time of credit card payment, the buyer is redirected to Shopify Payments' secure payment form via a secure HTTPS protocol. BENJAMIN JEZEQUEL SAS guarantees the reliability of transactions, as buyers' banking data is encrypted upon entry. BENJAMIN JEZEQUEL SAS never holds buyers' bank details, which are only temporarily stored by the payment provider. -
By PayPal:
The buyer is redirected to PayPal's secure website. BENJAMIN JEZEQUEL SAS never holds buyers' bank details.
Article 4 — Product Presentation and Availability
Product offers presented on the Website are valid while stocks last.
In the exceptional event that the ordered product is unavailable after an order has been validated, the buyer will be informed as soon as possible by email. BENJAMIN JEZEQUEL SAS will then offer them the choice of:
- exchanging the ordered product for another product offered for sale on the Website. In the event of a price difference, the buyer will be immediately reimbursed for the difference or will have to pay an additional amount equivalent to the price difference;
- canceling their order. BENJAMIN JEZEQUEL SAS then undertakes to reimburse the buyer within a maximum period of fourteen (14) days from the day their 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 Website, each product is accompanied by a description and photographs. The photographs are as faithful as possible but cannot guarantee a perfect similarity with the product offered for sale, particularly concerning colors.
Similarly, size indications (letters or numbers) refer to the grading most generally used in France and to which reference should be made. The numerical indications are not those of the products but represent measurements – or the average of measurements – of the body to which the product is adapted.
The products offered for pre-order are presented to potential buyers in the form of a prototype during a brief campaign during which they can be pre-ordered. If the pre-orders for a product reach the minimum number set by BENJAMIN JEZEQUEL SAS, the production of the product is undertaken. Otherwise, production is abandoned and pre-orders are refunded immediately.
Pre-ordered products are selected according to the season and fashion. Texts and photos – possibly videos – provide a detailed description. However, since photographs cannot ensure perfect similarity with the pre-ordered product, they are not part of the contractual scope.
Similarly, size indications (letters or numbers) refer to the grading most generally used in France and to which reference should be made. The numerical indications are not those of the products but represent measurements – or the average of measurements – of the body to which the product is adapted. They are therefore not part of the contractual scope.
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 option to cancel all or part of their order, without stating a reason, within 14 days from the delivery of the product. Delivery is considered made when the ordered product (or a delivery attempt notice) has been deposited in the mailbox.
In the case of a single order comprising several products delivered separately, the 14-day period starts from the moment the last product of the order has been deposited (or a delivery attempt notice) in the mailbox.
The buyer must inform BENJAMIN JEZEQUEL SAS of their decision to withdraw by sending them directly, before the expiration of the 14-day period, the withdrawal form accessible on the Website or any other unambiguous declaration expressing their wish to withdraw.
5.2 — Return of products
Once their 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 following the sending of their decision to withdraw, to the following address: BENJAMIN JEZEQUEL SAS, 3 cité des Fleurs, 95240 Cormeilles-en-Parisis.
Return shipping costs are borne by the buyer.
The product(s) must be returned to BENJAMIN JEZEQUEL SAS in their original packaging (or in similar packaging) properly closed, complete, and labeled. Failing this, reimbursement of the product(s) may be refused.
Product(s) that have been damaged, soiled, washed, or worn will not be accepted for return. They will then be re-shipped at the buyer's expense, who must first pay the re-shipping costs.
5.3 — Refund terms
In case of order cancellation, BENJAMIN JEZEQUEL SAS will reimburse the buyer for all sums received for the order concerned, including delivery costs (with the exception of additional costs related to a delivery method other than the default delivery method proposed 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 sums received for the returned products, excluding delivery costs.
The refund will be made using the same payment method as that used during the purchase, without delay, and at the latest within fourteen (14) days following 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 contact details (including their delivery address) or the size of the item they have ordered.
In case of return, the buyer is offered a credit 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 system of exchanges and refunds inapplicable. Above all, it is recalled that pre-ordered products are manufactured taking into account the specificities, particularly the 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."
Nevertheless, on a commercial basis, BENJAMIN JEZEQUEL SAS undertakes to offer credits to buyers wishing to return their products, with credits applicable to products from both the Pre-order Section and the Online Store Section. As for size change requests, they are grouped and processed to facilitate potential exchanges between buyers.
Return shipping costs are borne by the buyer.
The product must be returned to BENJAMIN JEZEQUEL SAS in its original packaging (or in similar packaging) properly closed, complete, and labeled.
Product(s) that have been damaged, soiled, washed, or worn will not be eligible for a credit or exchange. They will then be re-shipped at the buyer's expense, who must first pay the re-shipping costs.
Returned products that have not been exchanged will be offered for sale in the Online Store Section at prices corresponding to those practiced in that Section.
Article 6 — Delivery and Transfer of Risks
6.1 — Delivery Terms
BENJAMIN JEZEQUEL SAS delivers its products worldwide.
The cost of delivery is not included in the price of the product offered for sale on the Website. It is applied in addition, and displayed at the bottom of each cart, at the time of order or pre-order. It is also indicated on the invoice. Its amount depends on the weight of the package, the country of destination, and the delivery method chosen by the buyer.
For mainland France exclusively, delivery may be free of charge for the purchase of a certain number of products or a certain amount.
Among all the delivery methods offered on the Website, the default delivery method is Colissimo.
As soon as the package is dispatched, the buyer is notified by email that the shipment has been made and BENJAMIN JEZEQUEL SAS provides them with the tracking number that will allow them to track the delivery of their order. Delivery is deemed to have been made when the ordered product (or a delivery attempt 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 inability to deliver or delay in delivery. Any additional delivery costs will then, if applicable, be charged to the buyer.
In the event of a delivery requiring an appointment with the buyer, BENJAMIN JEZEQUEL SAS cannot be held responsible for a delay or inability to deliver due to the buyer's unavailability.
In the event of BENJAMIN JEZEQUEL SAS failing to fulfill its delivery obligation within the agreed timeframe, the buyer may cancel the order, under the conditions set out in Article L. 216-2 of the Consumer Code.
To do so, the buyer must send a formal notice to BENJAMIN JEZEQUEL SAS, by registered letter with acknowledgment of receipt or by a written document on any other durable medium, to deliver the purchased product within a reasonable period (50% of the initially planned time). If delivery has not occurred after this reasonable period, the buyer may cancel their order by registered letter with acknowledgment of receipt or by a written document 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 its obligations in the meantime.
In the event of order cancellation, BENJAMIN JEZEQUEL SAS will refund the buyer all amounts received (product price + delivery costs) within a maximum of fourteen (14) days from the receipt of the cancellation notification.
6.2 — Delivery times
Delivery times only begin upon receipt by the buyer of their order confirmation email.
On average, delivery times are 3 to 6 working days (all weekdays except Sundays and public holidays) for France and 6 to 10 working days for overseas territories and international destinations. In the event of restocking, delivery times may nevertheless be 10 to 30 days.
In all cases, the buyer will be informed of the maximum delivery time during the order process.
Delivery times only begin upon receipt by the buyer of the email informing them that the pre-order campaign has closed.
On average, delivery then occurs within a period of up to four months, during which 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. In case of damage to the goods related to transport, the buyer may refuse the package. If accepted, the buyer must imperatively note their observations on the carrier's delivery slip and immediately contact BENJAMIN JEZEQUEL SAS to return the package. Return costs will be reimbursed to the buyer, and a replacement product will be sent to them free of charge.
Article 7 — Liability
7.1 — General Provisions
In the event that the liability of BENJAMIN JEZEQUEL SAS is engaged for failure to fulfill any of its obligations, the buyer acknowledges and agrees that BENJAMIN JEZEQUEL SAS will never be responsible for indirect or immaterial 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 be interrupted, given the technical difficulties inherent to the Internet network.
Therefore, its liability cannot be engaged, particularly, in the event of a malfunction in accessing the Site or a temporary slowdown in the loading speed of the Site's pages.
Furthermore, BENJAMIN JEZEQUEL SAS will never be responsible for any malfunction or deterioration of the buyers' computer equipment, particularly due to virus contamination.
7.3 — Maintenance
BENJAMIN JEZEQUEL SAS may carry out maintenance operations on the Site.
It is understood that the liability of BENJAMIN JEZEQUEL SAS can never be engaged in the event of a temporary suspension of access to the Site for maintenance reasons.
7.4 — Force Majeure
BENJAMIN JEZEQUEL SAS cannot be held liable for a breach of any of its obligations if this breach was caused by an event of force majeure within the meaning of French jurisprudence.
Article 8 — Legal Guarantee of Conformity
Products ordered on the Site must be delivered without defects of conformity, in accordance with the provisions of Articles L. 217-4 et seq. of the Consumer Code.
The buyer benefits from a period of two years from the delivery of the goods to act.
The buyer is exempt from proving the existence of the conformity defect of the goods during the twenty-four months following the delivery of the goods.
BENJAMIN JEZEQUEL SAS may challenge this presumption if it is not compatible with the nature of the goods or the alleged conformity defect.
The legal guarantee of conformity applies independently of any commercial guarantees.
In the event of a proven conformity defect, BENJAMIN JEZEQUEL SAS will replace the product without any cost to the buyer.
Excluded from the legal guarantee of conformity are damages due to natural wear and tear, inappropriate use, lack of maintenance, or inadequate maintenance. Similarly, goods that have been washed or worn are excluded from this guarantee.
Furthermore, the cancellation of the sale cannot be pronounced if the conformity defect is minor.
The action for lack of conformity is time-barred after two years from the delivery of the goods.
Article 9 — Intellectual Property
All elements composing the Site (texts, comments, trademarks, trade name, domain name, designs, 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 assignment or authorization to exploit or use any of its elements.
Any total or partial reproduction or representation of the Site and/or one or more of its elements is strictly prohibited, unless prior written authorization is obtained from BENJAMIN JEZEQUEL SAS.
Any buyer publishing a website may insert a hyperlink referring 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 case, the buyer concerned must first obtain the express written agreement 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 amended Law n° 78-17 of 6 January 1978, every buyer has a right of access, rectification, erasure, restriction of processing, portability and opposition to personal data concerning them.
Any request to this effect must 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.
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 one month from receipt of the request to respond to it.
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 tracking of orders, and to allow buyers to receive offers from BENJAMIN JEZEQUEL SAS as well as its newsletter (if consent is given).
For the purpose of delivering products, buyers' personal data will be transmitted to transport companies mandated for deliveries.
Furthermore, buyers' personal data may be disclosed if BENJAMIN JEZEQUEL SAS is obliged to do so by virtue of a law, regulation, or court decision.
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 notably to identify the buyer more quickly when connecting and to facilitate electronic communication.
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 setting their internet browser.
Article 12 — Proof Convention
Electronic writing will be an admissible mode of proof of the rights and/or obligations of the parties to these GTC.
Computerized registers, kept in the computer systems of BENJAMIN JEZEQUEL SAS under reasonable security conditions, are considered as proof of communications, orders and payments between the parties.
Article 13 — Partial Nullity
If one or more clauses of these GTC are held to be invalid pursuant to a law, regulation or following a final court decision, the other clauses will retain their full force and scope.
Article 14 — Modification of the GTC
BENJAMIN JEZEQUEL SAS reserves the right to modify, in whole or in part, these GTC at any time.
Any buyer is deemed to accept the current version of the GTC with each new connection to the Site.
Article 15 — Applicable Law and Jurisdiction
These GTC are governed by French law.
Only the Commercial Court of Pontoise shall have jurisdiction in the event of a dispute regarding their interpretation and/or execution.
Article 16 — Use of Artificial Intelligence
Some photographs and visuals on the site may be created or enhanced using artificial intelligence tools. The sole purpose of these visuals is to present the products in their best environment. Benjamin Jezequel Paris ensures that they remain true to the essential characteristics of the products (cut, design, colors, and finishes). In case of doubt, the characteristics described in the product sheet prevail.
