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, with its registered office 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 the company Shopify Inc., with its registered office 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 Site").
Any buyer acknowledges having the legal capacity to enter into a contract.
The buyer declares and acknowledges having read and accepted these GTCU in their entirety without reservation.
Furthermore, it is expressly reminded that the Site comprises two sections corresponding to two modes of purchase: the ONLINE SHOP SECTION, which is traditional, for purchases of products currently available, and the PRE-ORDER SECTION, for purchases of products not yet available but which can be manufactured if all pre-orders reach a minimum number. Thus, a pre-order is indeed an order, but an order for a product not yet manufactured that may be manufactured.
Both sections offer quality products of the same standard, but those in the PRE-ORDER SECTION have more advantageous prices.
These two modes of purchase are clearly distinct. They have separate shopping carts and are subject to different provisions regarding Articles 2, 4, 5, and 6 of these GTCU. This is why these articles are presented in two columns entitled "ONLINE SHOP SECTION" and "PRE-ORDER SECTION," to which every buyer must refer depending on whether they wish to make a purchase in one section or the other.
Article 1 — Site Registration
To be able to place an order or a pre-order, any buyer must first register and create an account on the Site by completing all mandatory fields and validating these GTCU.
Only one account is authorized per buyer. In the event of non-compliance with this provision, BENJAMIN JEZEQUEL SAS reserves the right to delete the accounts of the buyer concerned.
Every buyer guarantees BENJAMIN JEZEQUEL SAS the truthfulness and accuracy of the information provided during the creation of their customer account and during the ordering or pre-ordering process.
Consequently, BENJAMIN JEZEQUEL SAS cannot be held responsible for the inaccuracy or irrelevance of information originating from the buyer.
In the event of a change to this information, the buyer undertakes to notify BENJAMIN JEZEQUEL SAS as soon as possible.
Furthermore, every buyer is solely responsible for their personal username and password and undertakes 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 notify BENJAMIN JEZEQUEL SAS immediately, who will then do their 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 steps of the order are:
- Selection of products and creation of a shopping cart;
- Summary, possible option to order other products and/or remove a product already added to the cart, validation of the cart;
- Login or creation of a customer account;
- Confirmation of the delivery address;
- Choice of delivery method;
- Summary of the order including information relating to the essential characteristics of the products being ordered;
- Acceptance of the GTCU via a checkbox, acceptance of the newsletter via a checkbox;
- Payment of the order with details of the accepted payment methods;
- Sending of a confirmation email containing the information indicated during 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 materializes the conclusion of the contract and starts the delivery period;
- Sending of the invoice to the buyer upon delivery.
The steps of the pre-order are:
- Selection of the proposed product and creation of a shopping cart;
- Summary, possibility to remove the product already added to the cart, validation of the cart;
- Login or creation of a customer account;
- Confirmation of the delivery address;
- Choice of delivery method;
- Summary of the pre-order including information relating to the essential characteristics of the product being pre-ordered;
- Acceptance of the GTCU via a checkbox, acceptance of the newsletter via a checkbox;
- Payment of the pre-order with details of the accepted payment methods;
- Sending of a confirmation email containing the information indicated during 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 materializes the conclusion of the contract but does not start the delivery period;
- Sending of the invoice to the buyer upon delivery.
In order for the buyer to track 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 progress in percentage of the number of pre-orders;
- the expected delivery date of the product, in the event that pre-orders have reached the set number.
If, at the end of the campaign, pre-orders have not reached this number, the buyers are informed by email and refunded immediately. If pre-orders have reached the set number, all concerned buyers are informed by email and 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 to the buyer immediately after acceptance of the payment by the secure payment provider. In the case of payment by PayPal, the confirmation email will be sent as soon as payment is accepted 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 understood to be inclusive of all taxes, excluding contribution to delivery costs.
Any change in VAT will be automatically and immediately reflected in the price of the products. The same applies in the event of the creation of a new mandatory tax.
BENJAMIN JEZEQUEL SAS may modify the prices of the products it offers on its Site at any time.
However, products are always invoiced on the basis of the prices indicated by BENJAMIN JEZEQUEL SAS during the summary of the order or pre-order and in the order or pre-order confirmation email.
Payment can be made on the Site, at the buyer's choice:
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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 payment form of Shopify Payments via a secure HTTPS protocol. BENJAMIN JEZEQUEL SAS guarantees the reliability of the transactions, as buyers' banking data are encrypted upon entry. BENJAMIN JEZEQUEL SAS does not at any time hold the banking details of the buyers, which are only and temporarily kept by the payment provider. -
By PayPal:
The buyer is redirected to the secure website of the company PayPal. BENJAMIN JEZEQUEL SAS does not at any time hold the banking details of the buyers.
Article 4 — Presentation and Availability of Products
The product offers presented on the Site are valid while stocks last.
In the exceptional case where the ordered product becomes unavailable after validation of an order, the buyer will be informed as soon as possible by email. BENJAMIN JEZEQUEL SAS will then offer the choice to:
- exchange the ordered product with 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 a surplus equivalent to the price difference;
- cancel the order. BENJAMIN JEZEQUEL SAS undertakes to refund the buyer within a maximum period of fourteen (14) days from the day the bank account was debited.
In the case of an order composed 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 regarding 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 regarding colors.
Similarly, size indications (letters or numbers) refer to the grading used most generally in France and to which it is advisable to refer. The numerical indications are not those of the products but represent body measurements — or the average of the measurements — to which the product is adapted.
The products offered for pre-order are presented to potential buyers in the form of a prototype 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 abandoned and pre-orders are refunded immediately.
The products offered for pre-order are selected according to the season and fashion. Texts as well as photos — and possibly videos — provide a detailed description. However, as the photographs cannot ensure perfect similarity with the pre-ordered product, they do not enter into the contractual field.
Similarly, size indications (letters or numbers) refer to the grading used most generally in France and to which it is advisable to refer. The numerical indications are not those of the products but represent body measurements — or the average of the measurements — to which the product is adapted. They therefore do not enter into the contractual field.
Article 5 — Right of Withdrawal
5.1 — Exercise of 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 reason, within 14 days of delivery of the product. Delivery is considered complete when the ordered product (or a notice of arrival) has been placed in the mailbox.
In the case of a single order for several products delivered separately, the 14-day period runs from the time the last product of the order has been placed (or a notice of arrival) 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 Site or any other unambiguous declaration expressing their desire to withdraw.
5.2 — Return of Products
Once the right of withdrawal has been exercised, the buyer must return the product(s) to BENJAMIN JEZEQUEL SAS without delay, and in any event 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.
The costs of return are borne by the buyer.
The product(s) must be returned to BENJAMIN JEZEQUEL SAS in their original packaging (or similar packaging) correctly sealed, complete, and labeled. Failing this, the refund of the product(s) may be refused.
The product(s) that have been damaged, soiled, washed, or worn will not be taken back. They will then be returned at the buyer's expense, who must first pay the return shipping costs.
5.3 — Refund Procedures
In case of cancellation of the order, BENJAMIN JEZEQUEL SAS will refund the buyer all sums received for the concerned order, 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 ordering process).
In case of partial cancellation of an order, BENJAMIN JEZEQUEL SAS will refund the buyer 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 no later than fourteen (14) days following the date of receipt of the cancellation request.
Until the last day of the pre-order period at midnight, the buyer may, by email, modify their contact details (specifically their delivery address) or the size of the article they have ordered.
In case of 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 system of exchanges and refunds inapplicable. Above all, it is reminded that pre-ordered products are manufactured taking into account the particularities, notably 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".
However, as a commercial gesture, BENJAMIN JEZEQUEL SAS undertakes to offer credit notes to buyers wishing to return their products, with the credit notes covering products from the Pre-order Section as well as those from the Online Shop Section. As for requests to change size, they are grouped and processed in order to facilitate potential exchanges between buyers.
The costs of return are borne by the buyer.
The product must be returned to BENJAMIN JEZEQUEL SAS in its original packaging (or similar packaging) correctly sealed, complete, and labeled.
The product(s) that have been damaged, soiled, washed, or worn will not be eligible for a credit note or the possibility of an exchange. They will then be returned at the buyer's expense, who must first pay the return shipping costs.
Returned products that ultimately were not 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 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 Site. It is applied additionally and displayed at the bottom of each shopping cart at the time of the 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.
Regarding mainland France exclusively, delivery may be made free of charge in the event of the purchase of a certain number of products or a certain amount.
Among all delivery methods offered on the Site, the default delivery method is Colissimo.
As soon as the package is sent, the buyer is notified by email that the shipment has been made and BENJAMIN JEZEQUEL SAS indicates the tracking number that will allow them to track the delivery of their order. Delivery is considered complete when the ordered product (or a notice of arrival) has been placed in the mailbox.
In the event of a material error in the delivery address provided by the buyer during the ordering or pre-ordering process, BENJAMIN JEZEQUEL SAS cannot be held liable in the event of impossibility of delivery or delivery delay. Any additional delivery costs will then, where applicable, be borne by the buyer.
In the event of a delivery requiring an appointment with the buyer, BENJAMIN JEZEQUEL SAS cannot be held liable for a delay or impossibility of delivery due to the buyer's unavailability.
In the event of BENJAMIN JEZEQUEL SAS failing to meet its delivery obligation within the agreed timeframes, 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 notify BENJAMIN JEZEQUEL SAS, by registered letter with acknowledgment of receipt or by writing on any other durable medium, to deliver the purchased product within a reasonable time (50% of the initially planned time). In the absence of delivery after this reasonable period, the buyer may cancel their order by registered letter with acknowledgment of receipt or by writing 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 for all sums paid (product price + delivery costs) no later than fourteen (14) days from the receipt of the order cancellation notification.
6.2 — Delivery times
Delivery times only begin to run from the moment the buyer receives their order confirmation email.
Orders are prepared within 5 to 7 working days, then delivered in 5 to 8 working days in metropolitan France and in 8 to 12 working days for Overseas and International territories. In case of restocking, delivery times may nonetheless be 10 to 30 days.
In any case, the buyer will be informed of the maximum delivery time during the ordering process.
Delivery times only begin to run from the moment the buyer receives the email indicating that the pre-order campaign is closed.
On average, delivery then occurs within a period of up to four months, during which the product is manufactured.
In any case, the buyer will be informed of the maximum delivery time during the pre-ordering process.
6.3 — Transfer of risks
It is the buyer's responsibility to open the package upon receipt to verify its condition. In the event of damage to the goods related to transport, the buyer may refuse the package. If they accept it, they must imperatively state their observations on the carrier's delivery note and immediately contact BENJAMIN JEZEQUEL SAS to return the package. Return shipping costs will be refunded to the buyer and a replacement product will be sent to them at no extra charge.
Article 7 — Liability
7.1 — General provisions
In the event that the liability of BENJAMIN JEZEQUEL SAS is incurred for a breach of one or another of its obligations, the buyer acknowledges and admits 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 under any circumstances guarantee that the services offered on the Site will not be interrupted, given the technical difficulties inherent in the Internet network.
Consequently, it cannot be held liable, in particular, in the event of a malfunction in access to the Site and temporary slowing down of the loading speed of the Site pages.
Furthermore, BENJAMIN JEZEQUEL SAS will never be liable for any malfunction or deterioration of the buyers' computer equipment, in particular due to virus contamination.
7.3 — Maintenance
BENJAMIN JEZEQUEL SAS may be required to perform maintenance operations on the Site.
It is understood that the liability of BENJAMIN JEZEQUEL SAS can never be incurred in the event of 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 one or another of its obligations if this breach was caused by an event constituting 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 and following of the Consumer Code.
The buyer has a period of two years from the 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 the delivery of the goods.
BENJAMIN JEZEQUEL SAS may rebut 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 potential commercial guarantees.
In the event of a proven lack of conformity, BENJAMIN JEZEQUEL SAS will replace the product without any cost being borne by the buyer.
Excluded from the legal guarantee of conformity are damages due to normal wear and tear, inappropriate use, and lack of maintenance or inadequate maintenance. Likewise, goods that have been washed or worn are excluded from this guarantee.
Furthermore, the cancellation of the sale cannot be pronounced if the lack of conformity is minor.
The action for lack of conformity is time-barred by two years from the delivery of the goods.
Article 9 — Intellectual property
All elements composing the Site (texts, comments, trademarks, trade 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 entail any transfer or 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, unless prior written authorization from BENJAMIN JEZEQUEL SAS is obtained.
Any buyer publishing a website may insert a hyperlink pointing to one of the pages of the Site, provided that the content of their site is consistent with the brand image and spirit of BENJAMIN JEZEQUEL SAS. In any event, the buyer concerned must first obtain the express and 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 Law No. 78-17 of 6 January 1978 as amended, every buyer has a right of access, rectification, erasure, limitation of processing, portability, and opposition regarding 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 (ID card, passport, driver's license) of the buyer.
BENJAMIN JEZEQUEL SAS has a maximum period of one month following the receipt of the request to respond to it.
Buyers' personal data 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 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 has been given).
For the purposes of product delivery, the buyers' personal data will be transmitted to the transport companies mandated for deliveries.
Furthermore, the buyers' personal data may be disclosed if BENJAMIN JEZEQUEL SAS is compelled 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 identifiers (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 by electronic means.
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 exploit 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 — Agreement on evidence
Writing in electronic form shall be an admissible mode of proof of the rights and/or obligations of the parties to these T&Cs.
Computerized registers, 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 invalidity
If one or more clauses of these T&Cs are held to be invalid in application of a law, a regulation, or following a final court decision, the other clauses will retain all their force and scope.
Article 14 — Modification of T&Cs
BENJAMIN JEZEQUEL SAS reserves the right to modify these T&Cs at any time, partially or totally.
Any buyer is deemed to accept the version of the T&Cs in force at each new connection to the Site.
Article 15 — Applicable law and jurisdiction
These T&Cs 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 present on the site may be created or improved using artificial intelligence tools. These visuals are solely intended to present products in their best environment. Benjamin Jezequel Paris ensures that they remain faithful to the essential characteristics of the products (cut, design, colors, and finishes). In case of doubt, the characteristics described in the product sheet prevail.
