TERMS OF SALES

Article 1 Fields of Application and Modification of the General Conditions of Sale  

These general conditions of sale apply to all sales concluded with the company BENJAMIN SAS whose head office is located at 11 rue poissonnière 75002 PARIS.

BENJAMIN SAS reserves the right to adapt or modify these general conditions of sale at any time. The sale is exclusively reserved for professionals, sale by whole packages assorted in sizes, colors and patterns. Any order for products, whether these products are standard or are the subject of a promotion, signifies the knowledge and acceptance, by the Buyer and without reservations, of the General Conditions of Sale of the Seller. These T & Cs cancel all conditions previously issued.

Article 2 Offer valid while stocks last  

Our product offers and prices are valid while stocks last.
- For products not stored in our warehouses, our offers are valid subject to availability from our suppliers. As this information comes directly from our suppliers, errors or exceptional modifications are beyond our control and cannot engage our responsibility.
- When ordering, we will inform you of the availability of the products you wish to purchase. However, if, despite our vigilance, the products prove to be temporarily or permanently unavailable, we will inform you as soon as possible.
- In the event of a temporary or definitive shortage of stock on one of the products in your order; you will be contacted by e-mail or telephone by our customer service which you can reach at 01.48.38.72.00, and a replacement product will be offered to you.

Article 3 Validation of orders  

Only orders containing the following information will be executed: buyer's contact details, date of the order, description of the products, quantities, applicable price list, total amount of the order, place and date of delivery / collection desired. If one of the points concluded should be changed, it could only be changed after negotiation between the Seller and the Buyer. Any merchandise collected on site or delivered by us, and accepted by our customer, is considered to have been the subject of a verbal or simply handwritten order, and necessarily requires the prior agreement of the purchaser. Eight days after receipt, no dispute or legal provision may render this clause null and void.

Anti Fraud Controls:
The Benjamin SAS company controls all the orders that have been validated. These controls aim to protect the company Benjamin SAS from abusive practices operated by fraudsters. As part of these procedures, our services may be required to ask you for all the documents necessary to release your order, for example: RIB, KBIS and various certificates proving compliance with your administrative and fiscal obligations.

Article 4 Prices

The prices of the goods indicated are those in force on the day the order is taken, they are denominated in euros and calculated exclusive of tax. As a result, they may be increased by transport costs, all subject to the VAT rate in force. Benjamin SAS reserves the right to modify its prices at any time but we undertake to apply the current prices which will have been indicated to you at the time of your order, subject to the availability of the products on that date. In the event of an order to a country other than mainland France, you are the importer of the product (s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or State taxes may be payable. These rights and sums are not the responsibility of the company Benjamin SAS. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and / or bodies in your country. We advise you to inquire about these aspects with your local authorities. All orders regardless of their origin are payable in Euros.

Article 5 Terms of Payment and Security  

In accordance with Law 2008-776 on the modernization of the economy (LME), payment terms are agreed between the company Benjamin and the Buyer to settle the sums due, they cannot exceed 45 days end of month or 60 days at the end of the month. from the date of issue of the invoice. Non-payment within the time limit indicated on the invoice systematically results in the cancellation of the discount it includes. In addition, the default of payment on the date initially agreed, entails the enforceability of all of our outstanding receivables, and the possible suspension of orders in progress. Any late payment will result in the invoicing of late interest calculated at the rate of 1.50% per month, plus bank charges for extension. This interest is calculated on the amount including tax of the overall sum remaining due and will start to run from the due date agreed upon beforehand, without any formal notice being necessary. In addition to late payment compensation, any sum not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros (forty euros) due for recovery costs.

Article 6 Terms of delivery

The Delivery Costs are communicated to you upon receipt of your order by fax or e-mail by our customer service. In mainland France, the carriage paid is for any order over € 5,000.00 (five thousand euros) deliverable at one time.

a) General:
The products are delivered to the delivery address you provided during the ordering process. The times indicated are average times and correspond to the times of processing, preparation and delivery of your order. In the event of items deliverable on different dates given their availability, the delivery time is based on the longest time. However, Benjamin SAS reserves the right to split deliveries; it also reserves the right to suspend its deliveries upon the appearance of any event likely to reveal a decrease in the apparent solvency of the Purchaser.

b) Delivery time:
Delivery can vary from 5 to 10 working days from the validation of your order (mainland France). This is an average time depending on the destination, the shipping method and the availability of the item. Exceeding this period may not give rise to any cancellation of the order, to any reduction in the price, and to any payment for damages when the customer is delivered within 30 working days, i.e. 25 working days following the confirmation of his order.

c) Delivery tracking:
Once you have validated your order, an order number is assigned to you internally. Your order is then registered. At any time, you can obtain information on the status of your order by calling +33 (0) 1.48.38.72.00 or by e-mail (benjamin@benjamin.fr).

d) Delivery methods:
The ordered product is delivered by post or by an independent carrier, depending on the nature of the product ordered and at the sole initiative of the seller, to the address appearing on the buyer's order form.

e) Checking the package on Delivery:
On receipt of your order, you must check the conformity of the goods delivered at the time of delivery before signing the Carrier's delivery note. You must indicate on this delivery note and in the form of handwritten reserves accompanied by your signature any anomaly concerning the delivery (missing package, damaged product, etc.). This verification is deemed to have been carried out once the buyer, or a duly authorized person, has signed the delivery slip. If at the time of delivery, the original packaging is damaged, torn, opened, then you must check the condition of the items. If they have been damaged, you must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged). You must also confirm the reservations to the carrier no later than three working days following receipt of the item (s) and send a copy of this letter to:

BENJAMIN SAS - 162, avenue Paul Vaillant Couturier - 93126 La Courneuve Cedex.

f) Collection by you

If the Buyer comes to load the goods at the premises of the company Benjamin, the transport is carried out at the risk and peril of the Buyer without any exception and despite the terms of the article on the Retention of Ownership Clause. In the event that the goods circulate accompanied by customs or tax documents, if these documents are not returned on time, the Purchaser will reimburse all sums that the company may have to bear, including duties and taxes. For products destined for the euro zone, a purchase order must be issued on the buyer's letterhead indicating the intra-community VAT number and the full address of the place of delivery of the goods. This voucher must be specifically signed by the buyer. Otherwise, BENJAMIN SAS will invoice the buyer for the amount of VAT corresponding to the order.

Article 7 Responsibilities

The company Benjamin SAS can not be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, flood, fire, disruption or total or partial strike including services. postal and means of transport and / or communications.

The choice and the purchase of a product or a service are placed under the sole responsibility of the customer.
- Any liability of the company Benjamin SAS for any kind of direct or indirect damage resulting from the non-performance or improper performance of the sale of a product or a service may in no case exceed an amount equal to the price of the product sold.
- The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the company Benjamin SAS can not be engaged in the event of error or omission in one of these photographs, texts or graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by providers.
- The parties will endeavor to settle amicably any dispute between the opponents. In the event that they have not succeeded in doing so, any dispute arising from the interpretation or execution of these GTCS will fall under the jurisdiction of the Paris Commercial Court. These T & Cs are subject to French law.
- For all disputes with our co-contractors, both in demand and in defense, exclusive jurisdiction is attributed to the Paris court, the issue of bills not being a derogation from this clause, the jurisdiction of the Paris Court being recognized. even in the event of a plurality of defenders or a guarantee appeal.

Article 8 Return procedures 

You have 14 days from receipt to return the product that does not suit you. The shipping and return costs will then be at your expense. Only the price of the returned product (s) will be refunded. The products must be returned to the following address:

BENJAMIN SAS - 162, avenue Paul-Vaillant Couturier - 93120 La Courneuve.

- This right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions, etc.) with a copy of the purchase invoice. Items returned incomplete, worn, damaged, damaged or soiled by the Customer are not taken back.
- In accordance with our return conditions, we will undertake to reimburse you within a period of less than or equal to 30 days after receipt of the products by us. The method of reimbursement may be in the form of the allocation of a credit note.
- No cash on delivery will be accepted for any reason.

Article 9 Retention of title clause  

All goods remain the property of the company Benjamin until full payment of the price. It is specified that by full payment of the price the Seller means the actual collection of the payment document and not the delivery of a document creating an obligation to pay. In the event of payment by installments, there is no full payment until payment of all due dates. As soon as the goods are delivered, the risks of loss or damage to the goods are transferred to the Purchaser, as well as the responsibility for any damage caused. The Purchaser must insure them at his expense.

Article 10 Industrial and commercial property  

The sale of the products does not confer any right on the Purchaser to the trademarks or distinctive signs affixed to the products belonging to the Benjamin company. The illustrations, logos, packaging, designs and models appearing on the products are the exclusive property of BENJAMIN SAS. Any total or partial reproduction, without the express prior agreement of the company Benjamin, is strictly prohibited in application of articles L335-2 and L335-3 of the intellectual property code.

Article 11 Company details  

The head office:
Benjamin SAS
11, rue Poissonnière - 75002 Paris.
RCS: 319 487 791 - NAF 4642Z
Intracommunity N ° FR 26.319.467.791
Sale - Warehouses - Offices and Correspondence
BENJAMIN SAS
162 avenue Paul Vaillant Couturier - 93126 LA COURNEUVE CEDEX
Phone: +33 (0) 1.48.38.72.00
Fax: +33 (0) 1.48.38.72.01
E-mail: benjamin@benjamin.fr