Terms of service
The commercial site www.benklark.com (hereinafter referred to as the "Site") is an electronic commerce site accessible via the Internet, open to all users of this medium (hereinafter referred to as "Internet users"). It is edited by the company BEN KLARK Paris (hereafter called "BEN KLARK"), SARL with a capital of 5500 Euros, whose head office is located at 19, rue béranger 75003 PARIS, registered at the Registre du Commerce et des Sociétés de Paris under the number 752 360 636. VAT number : FR 75236063600027
The site allows BEN KLARK to propose to the sale of textile products and accessories of the BENKLARK brand or of one of its commercial partners (hereafter called "products") to the Internet users who navigate on the site (hereafter called "customers"). For the application of the present, it is decided that the Customer and BEN KLARK will be collectively named "Parties" and individually named "Party", and that the customer having validated an order will be named "Buyer".
Any order of a Product proposed on the Site implies the adhesion of the Buyer to the following sales conditions. BEN KLARK reserves the right to modify at any time the present conditions of sale by publishing a new version on the Site. The general conditions of sale are those which are in place at the date of the purchase.
Article 1. Subject
The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, these apply to the exclusion of any other document.
Article 2. Products - Prices
Only the products listed on the Site on the day of its consultation by the Customer are offered for sale. The products offered are limited to the European Union area. The product offer and the price are available, within the limit of available stocks, as long as they are proposed on the Site.
The prices are indicated in Euros including all taxes. The prices applied are those shown on the Site at the time of placing the order, the sum of the fixed price of preparation and delivery costs will be communicated to the customer on the summary of the receipt, before validation of the said document. If you live outside the European Community, you are entitled to VAT exemption. The order must be shipped to an address outside the European Community. The final invoice will reflect this tax exemption. Please note that shipments destined for outside the European Community are subject to import taxes and customs duties (DDU Deliver Duties Unpaid) according to the regulations of your country of origin.
Article 3. Order
3.1 Registration of the order
The Customer who wishes to place an order chooses the item(s) of his choice by clicking on "Add to Cart". At any time the Customer can:- Check the number of Products in his cart and obtain detailed information on each item by clicking on "My Cart",- A new Customer must fill in all the necessary information fields in order to create his customer account. A new Customer must fill in all the necessary information in order to create his or her customer account. The Customer must fill in the form that will be given to him or her, which will include the information necessary to identify his or her identity, in particular his or her e-mail address and a password of his or her choice (which will be personal and confidential) that will enable him or her to identify himself or herself on the site. Any customer who already has a password must identify himself after clicking on "Confirm", by entering his e-mail address and password; the Customer accepts that this method of identification can prove his identity; he is required to provide nominative information in order to be a remote seller, this information is necessary for the processing and delivery of orders, and for billing. After placing an order, and once all the required information has been completed by the Customer, the latter will have read the general terms and conditions of sale to which he/she will have given his/her agreement by ticking the box provided for this purpose.
3.2 Validation of the order
The validation of the confirmation of the basket constitutes an electronic signature. This signature is equivalent to a signed handwritten document and is proof of the integrity of the order and of the payability of the amount due for the said order; once the order has been validated, the Customer becomes a buyer; notwithstanding the application of Article R624-3 of the French Penal Code, the Customer pays for his order by credit card (credit card, Visa, Eurocard/Mastercard). If the Customer wishes to make a payment by credit card, he must provide the credit card number. The type of card, the expiration date and the cryptogram must be provided.
The price due by the Buyer is the amount indicated on the order summary. In all cases, the amount debited will correspond to the Product(s) to be delivered, it being specified that when choosing a credit card as a means of payment, the buyer is automatically transferred to the Stripe server. The payment of your purchases is carried out exclusively, at the time of your order, by bank card (Carte Bleue, Visa, Maestro, Eurocard/Mastercard, American Express).
You can make your purchases in complete security, the confidentiality of banking information transmitted via the site to an approved banking establishment is carried out in a secure environment (SSL protocol).
As part of the electronic payment process and to fight against fraudulent use of online payment methods, we verify the reliability of the information you enter when you place your order.
3.4 Acknowledgement of receipt of the order
Once the payment is made, a document summarizing the order is sent to the buyer's e-mail address. This document serves as an acknowledgement of receipt and constitutes a summary of all elements included in the contract between the parties. A link to the return form will also be included in this document.
Article 4. Delivery
BEN KLARK will do everything in its power so that the delivery of the order is carried out on average between 1 and 5 days, and up to 30 days, as from the day after the validation of the order by the buyer. It is specified that orders placed on the website www.benklark.com on Friday, Saturday or Sunday will be processed the following Monday. Orders placed on the website www.benklark.com on holidays other than Friday, Saturday and Sunday will also be processed on the next business day. The items ordered by the Buyer will only be delivered within the EU borders to the address indicated by the Buyer on the order validation page, accompanied by a delivery note. The Buyer has the possibility to have the products delivered to another address than his own. The delivery will not be ensured in case of force majeure, strike of transport and/or postal services.
Article 5. Right of withdrawal
The Purchaser has a period of fourteen (14) working days from the date of delivery to notify Benklark of his/her wish to return the Product(s) ordered. The Purchaser has a further fourteen (14) working days to return the goods. If the above mentioned conditions are fulfilled, BEN KLARK will refund the Buyer the amount of his order (price of the Products excluding shipping costs) to the original payment method. An exception applies when an order concerns an article in promotion, the return is then not possible.
Article 6. Legal guarantees
6.1 Legal guarantee of conformity
All our products benefit from a legal guarantee, in the respect of the normality of their use and the respect of the instructions.
Article L.217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was carried out at his expense by the contract or under his responsibility.
Article L.217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer can legitimately expect, taking into account the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-7 of the Consumer Code
Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may reverse this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair or replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the good or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code
If the repair and replacement of the good are impossible, the buyer can either return the good and be reimbursed the price, or keep the good and be reimbursed part of the price.
The same option is available to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L.217-9 and L.217-10 is free of charge for the buyer. These same provisions do not prevent the awarding of damages.
Article L.217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
6.2 Guarantee of defects of the thing sold
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article 1643 of the Civil Code
He is responsible for hidden defects, even if he had not been aware of them, unless in this case he has stipulated that he will not be held to any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the goods and recovering the price, or keeping the goods and recovering part of the price.
Article 1645 of the Civil Code
If the seller has had knowledge of the defects of the goods, he is liable to the buyer for all damages, in addition to the restitution of the price he received for them.
Article 1646 of the Civil Code
If the seller has had knowledge of the defects of the goods, he is bound towards the buyer to pay all damages, in addition to the restitution of the price he received for the goods.
Article 1647 of the Civil Code
If the thing that had defects has perished because of its bad quality, the loss is at the expense of the seller, who will be held towards the buyer to restore the price and the other indemnities explained in the two previous articles. But the loss that occurred by chance will be charged to the buyer.
Article 7. Data processing and rights
7.1 Personal information
Personal information is processed by BEN KLARK in order to better manage the relations with the customers and the prospection. And to allow you to receive offers of our partners, we can be brought to communicate you this type of information. In accordance with the French law "Informatique et Libertés" of January 6, 1978, updated by the law of August 6, 2004, the customer has a right of access, rectification and opposition to the information which concerns him. The customer has the right to register on a list specifying that he does not wish to be contacted by telephone.
Our website is tailored to the needs of our customers. Click here to find out more.
7.3 Web beacon
Some web pages of the Site may contain web beacons which allow counting the number of visitors to the Site and/or allow BEN KLARK a number of indicators. These Web Beacons can be used with some of our partners, with the avowed aim of measuring and improving the Site.
Article 8. Various provisions
8.1 Force majeure
BEN KLARK cannot be held responsible for the total or partial non-fulfilment of its obligations under the present contract, if this non-fulfilment is caused by an event qualified as force majeure, in particular in case of disturbance or general or partial strike, in particular of the postal services or of the means of transport and/or communication, of flooding or fire. If BENKLARK fails to fulfil its obligation to deliver within thirty days after the conclusion of the contract, the consumer can withdraw from the contract by registered letter with receipt or in writing on another durable medium, unless BENKLARK has fulfilled its obligation in the meantime.
8.2 The contract in its entirety
The present general conditions of sale and the summary of the order sent to the Buyer, constitute a contractual and integral summary of the agreements between the parties.
8.3 Conservation and archiving operations
The archiving of the invoices is carried out on a viable and durable support so as to correspond to a faithful and durable copy.
8.4 Applicable law - jurisdiction.
The present general conditions of sale and the contractual relations between BEN KLARK and the Buyer are subject to French law. In case of dispute the consumer can have recourse to a mediator. BENKLARK is committed to a mediator which he can contact.
Otherwise the consumer can take legal action at the court of his choice. However, BEN KLARK Paris is always open to the search for an amicable solution before any legal action.