Terms of service

ARTICLE 7: LIABILITY

Article 7.1: General Provisions
In the event that the liability of BENJAMIN JEZEQUEL SAS is engaged for a breach of 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, contract loss, loss of opportunity, or damage to reputation.

Article 7.2: Site Access
Access to the Site requires a high-speed internet connection. BENJAMIN JEZEQUEL SAS can in no case guarantee that the services offered on the Site will not suffer any interruption, given the technical difficulties inherent to the Internet network. Therefore, its liability cannot be engaged, in particular, in the case of malfunctions in accessing the Site and temporary slowdowns in the opening speed of the Site's pages. Moreover, BENJAMIN JEZEQUEL SAS will never be responsible for any malfunction or deterioration of the buyers' computer equipment, particularly due to a virus contamination.

Article 7.3: Maintenance
BENJAMIN JEZEQUEL SAS may carry out maintenance operations on the Site. It is established that the responsibility of BENJAMIN JEZEQUEL SAS can never be engaged in case 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 meet any of its obligations if such failure was caused by an event having the character of force majeure according to French jurisprudence.

ARTICLE 8: LEGAL WARRANTY OF CONFORMITY
The products ordered on the Site must be delivered without any conformity defects, in accordance with the provisions of articles L. 211-4 and following of the Consumer Code. The buyer has a period of two years from the delivery of the goods to act. The buyer is exempt from providing proof of 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 conformity defect invoked. The legal warranty of conformity applies independently of any possible commercial warranties. In case of a proven conformity defect, BENJAMIN JEZEQUEL SAS will replace the product without any charge to the buyer. Excluded from the legal warranty of conformity are damages due to natural wear, inappropriate use, and lack of maintenance or inadequate maintenance. Likewise, excluded from this warranty are goods that have been washed or worn. Moreover, the resolution of the sale will not be pronounced if the conformity defect is minor. The action for lack of conformity is prescribed by two years from the delivery of the goods.

ARTICLE 9: INTELLECTUAL PROPERTY

All elements making up the Site (texts, comments, brands, trade names, domain names, drawings, images, graphic charter, logos, photos, videos, databases, etc.) are strictly protected by intellectual property law and are the exclusive property of BENJAMIN JEZEQUEL SAS and/or its business partners. The ability for a buyer to use the Site does not entail any transfer nor any authorization to exploit or use any of the elements composing it. Any total or partial reproduction or representation of the Site and/or one or more of its elements is strictly prohibited, except with prior written permission from BENJAMIN JEZEQUEL SAS. Any buyer managing an internet site may insert a hyperlink pointing to one of the pages of the Site, provided the content of their site is in line with the brand image and spirit of BENJAMIN JEZEQUEL SAS. In any case, the concerned buyer must beforehand obtain the express written agreement of BENJAMIN JEZEQUEL SAS.

ARTICLE 10: PERSONAL DATA
BENJAMIN JEZEQUEL SAS has declared the Site to the National Commission for Computing and Liberties (CNIL) under the number Z$T0608321y. In accordance with law n° 78-17 of January 6, 1978, relating to data processing, files, and freedoms, every buyer has a right to access, rectify, and oppose personal data concerning them. Any request in this regard must be addressed to BENJAMIN JEZEQUEL SAS at the following address: 3 cité des fleurs, 95240 Cormeilles en Parisis. Any request must be accompanied by a photocopy of an identity document (ID card, passport, driving license) of the buyer. BENJAMIN JEZEQUEL SAS has a maximum period of two months following the receipt of the request to respond. The personal data of buyers are collected fairly and lawfully for security purposes, to meet legal and regulatory obligations, particularly to combat fraud, to improve order processing and monitoring, and to allow buyers to receive offers from BENJAMIN JEZEQUEL SAS as well as its newsletter. For the needs of product delivery, personal data of buyers will be transmitted to transport companies mandated for deliveries. Moreover, personal data of buyers may be disclosed if BENJAMIN JEZEQUEL SAS is compelled by a law, a regulation, or a judicial decision.

ARTICLE 11: COOKIES
BENJAMIN JEZEQUEL SAS reserves the right, to facilitate the navigation of buyers on the Site, to place connection witnesses (cookies or similar files) on their connection devices. The role of cookies is notably to identify the buyer more quickly during their connection and to facilitate electronic communication. BENJAMIN JEZEQUEL SAS cannot guarantee the optimal functioning of the site if the buyer refuses the reception of cookies. Cookies also allow BENJAMIN JEZEQUEL SAS to exploit statistical data, via the Google Analytics program. Any buyer may refuse to receive cookies from BENJAMIN JEZEQUEL SAS by configuring their internet browser.

ARTICLE 12: PROOF AGREEMENT
The electronic form will be an acceptable mode of proof of the rights and/or obligations of the parties to these GTCU. The computerized records, kept in the computer systems of BENJAMIN JEZEQUEL SAS under reasonable security conditions, are considered as proofs of communications, orders, and payments between the parties.

ARTICLE 13: PARTIAL NULLITY
If one or several clauses of these GTCU are held to be invalid pursuant to a law, a regulation, or following a decision of a court having legal authority, the other clauses will retain their full force and scope.

ARTICLE 14: MODIFICATION OF THE GTCU
BENJAMIN JEZEQUEL SAS reserves the right to modify at any time, partially or totally, these GTCU. Every buyer is deemed to accept the current version of the GTCU at each new connection to the site.

ARTICLE 15: APPLICABLE LAW AND JURISDICTIONAL COMPETENCE
These GTCU are governed by French law. Only the Paris Commercial Court will be competent in case of litigation regarding their interpretation and/or execution.