General Terms and Conditions of Sale

Preamble

The Other Store is engaged in the creation, development and commercial operation of commercial webWebsites, including the sale and back-office activities, in its name on behalf of its customers, as well as related activities such as promoting its webWebsites and promoting the products sold.

The Other Store, was therefore entrusted with the creation and management of the Website Bensimon (hereinafter referred to as "the Website") in its name but on behalf of ICD, a SAS with a share capital of 500,000 euros having its registered office at 52, rue Bichat 75010 in Paris - France, registered with the Paris Trade and Companies Register under number 421 529 710; intra-Community VAT number FR45 421 529 710.

These General Terms and Conditions of Sale are intended to define the rules applicable in the context of the sale of products branded Bensimon (hereinafter "the Product(s)"), 


Between

The Other Store (hereinafter referred to as "The Other Store"),

Simplified joint stock company with a capital of €155,859 euros, whose registered office is at 37 avenue de Trudaine, 75009 Paris, registered with the Paris Trade and Companies Register under number 508 514 494

VAT NO.: FR505085851449449400014.

And

Any natural person of full age, not a trader, having the legal capacity to contract, exclusively domiciled in the countries delivered by Bensimon (hereinafter referred to as "the Customer") making a Product purchase on the Website.

For the purposes hereof, it is agreed that the Customer and The Other Store shall be collectively referred to as the "Parties" and individually referred to as the "Party".

These general conditions (hereinafter referred to as the "General Terms and Conditions of Sale") govern without restriction the sales of Products made by The Other Store on behalf of Bensimon from the Website.

The Other Store reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Website. The applicable General Terms and Conditions of Sale are those in force on the Website on the date of placing the order by the Customer; it being specified that any order of a Product offered on the Website implies the full and complete adherence of the Customer to the General Terms and Conditions of Sale in force at the time of placing his order.

Article 1

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by The Other Store on behalf of Bensimon to the Customer. They thus regulate the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.

Article 2

The Products offered for sale by The Other Store on behalf of Bensimon are those appearing on the Website on the day of its consultation by the Client. Each Product will be subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes and colours available, the composition, as well as the particular characteristics. Minimal differences between a product and its photograph may exist, depending in particular on the resolution and colour definition of the user's screen.

The Other Store undertakes to deliver Products that comply with current regulations relating to the safety and health of persons in accordance with European provisions, and in particular with the legislation on controlled chemicals.

Article 3

Prices are indicated in euros, all taxes included, excluding delivery costs; it being specified that the value added tax is the one in force on the French metropolitan territory on the day of the validation of the order.

The prices applied are those communicated on the Website and confirmed to the Customer at the time of validation of the order.

Delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed inclusive of all taxes. These costs are borne by the Customer and are invoiced in addition to the selling price of the Products.

The transfer of the risks of loss and deterioration of the Products shall be carried out after delivery and receipt of the Products by the Customer.

We reserve the right to change our prices at any time but we undertake to apply the prices indicated on the Website at the time of your order.

We inform you that in the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error...), the order - even validated by us - will be cancelled, which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.

Article 4

 

4.1 Placing an order


Le Client matérialise sa commande en remplissant les 5 étapes suivantes

The Customer materializes his order by completing the following 5 steps

Step 1: the Customer selects the Products and adds them to his basket after having selected the size and color desired.

The cart located at the top right of the screen informs the Customer that he has taken into account the selections by indicating the number of Products it contains.

Step 2: the Customer checks the contents of his basket by clicking on "order" to have access to the summary of his order.

The total amount including VAT of the order, distinguishing on the one hand the price due for the Products, and on the other hand the delivery costs, is then indicated in the summary.

Step 3: Once the order has been verified and, if necessary, modified, the Customer validates his basket in order to finalize his order by clicking on "order" again.

If the Customer has an advantage code, he must enter it in the space provided for this purpose in order to benefit from it.

Step 4: Entry by the Customer of the delivery and invoicing details

Apart from the date of birth, additional address and delivery information, all fields are necessary for the finalization of the order; it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.

If the Customer has already placed an order on the Website, he has a customer account. In such a case, he or she will only identify himself or herself with his or her e-mail address and password.

The Customer then checks all the information and clicks on "validate" to continue his order.

Step 5: Entering bank details

The Customer will then access the secure payment screen of the partner of The Other Store as specified in article 4.3 below.

Payment is made online by credit card or via Paypal.

In the case of payment by credit card, the Customer must enter his credit card number, its validity date and the 3 numbers of the visual cryptogram on the back of his card, it being specified that in the case of payment by American Express card, the Customer must provide 4 numbers.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the Website.

In case of payment failure, the Customer will have up to 3 attempts to re-enter his bank details. At the end of the 3rd refusal, the Customer will be redirected to a screen on the Website indicating the refusal of payment. The Customer will then be invited to contact Bensimon's customer service department to find out the reasons and find a solution together to finalize the Customer's order.

 

4.2 Confirmation of the order


As soon as the Customer's payment has been accepted, the Customer will receive an e-mail confirming his order, summarizing all the items ordered, the invoicing and delivery address as well as the delivery date.

The validation of the order by the Customer and the confirmation of the order sent to the Customer by e-mail by The Other Store on behalf of Bensimon following acceptance of payment shall constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The Customer who has placed an order will be able to print his invoice by connecting to the Website in the order tracking area provided for this purpose.

The Other Store reserves the right not to validate the order in case of:

  • abnormal or abusive claims,
  • orders that are abnormal in relation to the quantities ordered,
  • abnormal or abusive exchanges and returns,
  • existing dispute(s) with the client.

The customer service of the Website {Bensimon is at the disposal of the Customer for any questions relating to his order. Customer service is available by email (e-shop@bensimon.com, and by phone on 09 74 48 92 53, Monday to Thursday, from 2pm to 6pm, and Friday from 2pm to 5pm.

 

4.3 Payment


The price of the Products purchased is payable in full in cash on the day the Customer places the order. Payment is made online by credit card (Credit Card, Visa, Eurocard/Mastercard/American Express) or via Paypal at the time of validation of the order by the Customer.

The request for authorization to withdraw the card is made at the time of validation of the order on the Website, except in the event of unavailability of the servers. The Other Store reserves the right to make a new request for a direct debit authorization in the event that the first request could not be successful due to the unavailability of the servers.

In the event of a default in payment, an incorrect address or any other problem on the Customer's account, The Other Store reserves the right to block the Customer's order until the problem is solved.

In the event of fraudulent use of his credit card on the Website, the Customer is invited to contact The Other Store at the following number: 01 80 06 98 79 from Monday to Friday from 10am to 12.30pm and from 2pm to 6pm or by email at the following address: e-shop@bensimon.com.

The Other Store uses all necessary means to ensure the confidentiality and security of the banking data transmitted on the Website. The Website is equipped with a system for securing online payments to encrypt your banking data. Payment information is transmitted according to the highest security standards. The transmission of your bank details is guaranteed by our partner: Adyen. Adyen is not registered in France.

All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. This data may not be detected, intercepted or used by third parties. At no time does the Customer's financial data transit on The Other Store's computer system. Adyen verifies that the connection with the Client's browser is secure before sending the payment form to the banking institution that performs the financial transaction.

As Adyen is a technical service provider, it does not handle disputes related to orders, which are processed directly by The Other Store as specified above or, where applicable, by the Customer's bank.

 

4.4 Archiving the order


The order confirmation is recorded in The Other Store's records, which are stored on a reliable and durable medium. The Client accepts that the order confirmation is considered as proof of the contractual relationship between the Parties.

Article 5  Delivery

Bensimon will deliver orders with a delivery note within a maximum of ten (10) business days for delivery to Metropolitan France, and twenty (20) business days for delivery to any other destination, starting the day following payment of the order.

Any order placed on the Website from Monday to Friday before 2pm will be processed the same day; after 2pm, it will be processed the following day. Any order placed on Friday after 2pm, Saturday and Sunday will be processed on the following Monday; it being specified that orders placed on a public holiday will be processed on the following working day.

In the event of exceeding the delivery time, not justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain within a maximum period of 30 (thirty) days the refund of the sums paid at the time of the sale.

For orders outside France, when the package intended for export arrives at destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.

Article 6 • Receipt of the order - Complaints - Returns

The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as:

  • damaged package,
  • missing products,
  • deteriorated products,
  • products not in conformity with the order,

Must be notified within the legal deadlines following receipt of the order.

This notification will be sent to the Website's customer service Bensimon either :

  • by registered mail, by writing to the following address: Bensimon 52 rue Bichat 75010 Paris.
  • by email to e-shop@bensimon.com.

After this period, and unless there is a hidden defect, no claim will be accepted by Bensimon, as the Products are then deemed to be in conformity.

For any return of a non-conforming Product, the Customer must comply with the following procedure:

  • the Customer must attach to his package the return form previously completed and printed using the return form accessible from the customer area - "My Orders" section. No return will be accepted without the said duly completed return form.
  • the Products must be returned either in their original packaging or in packaging that protects the product against any deterioration, with their label and any accessories allowing them to be re-marketed, to the following address:

Bensimon
52 rue Bichat
75010 Paris

When the non-conformity has been detected, Bensimon will offer the Customer a refund of the price of the order (price of the Products and delivery costs) at the latest within thirty (30) days from the date of sending the notification of the confirmation of the non-conformity by the customer service of the Website Bensimon.
In the event of a refund, Bensimon will refund all products made compliant, as well as shipping costs incurred, with the exception of taxes and customs duties paid by the customer upon delivery. Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, Bensimon will reimburse the cost of postal returns up to the price list (Colissimo delivery without registered mail) posted by La Poste on 1 March of the current year. The Customer must provide proof of the return costs incurred to Customer Service, by email or post.
In the event of abnormal or abusive complaints, The Other Store may refuse to serve a subsequent order.

Article 7  Right of withdrawal

The customer has a period of thirty (30) working days from the date of receipt of his order to return the ordered products, without justification or penalty.

For any return under the right of withdrawal, the following procedure must be fully respected:

  • the customer must attach to his package the return form previously sent by ICD Bensimon. No return will be accepted without the said duly completed return form.
  • the Products must be returned in their original packaging, with their label and any accessories, in perfect condition to:

Bensimon
52 rue Bichat
75010 Paris

The cost of returning the Products is the responsibility of Bensimon if the order is returned from Metropolitan France and if the Customer follows the procedure indicated above (downloading a prepaid label). Bensimon suggests that the Customer keep any proof of return.

 

The costs of returning the Products are the responsibility of the Customer the order is returned from a country other than Metropolitan France. The return is at the risk of the Customer, who is free to choose the shipping method. Bensimon suggests that the Customer return his products by means of a follow-up shipment with additional insurance, guaranteeing him, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of this merchandise.

Subject to the above conditions, Bensimon will refund the amount including VAT of the items returned to the Customer (price of the Product) excluding return costs. The Customer's bank account will be credited with this amount within fourteen (14) days of the return request, this period may be extended until the receipt of the Products or proof of their shipment by Bensimon.

Article 8 • Personal Data

The Other Store collects a certain amount of information necessary to process orders.

This data is not only necessary for the processing of the Customer's order by The Other Store, but also to communicate to the Customer information about the brand Bensimon, on the Website or to make him benefit from commercial offers Bensimon; if the Customer accepts it by validating his order.

The information is strictly confidential and is indicated by an asterisk (*) when necessary for The Other Store, and/or its service providers as part of the Customer's order management.

Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, The Other Store may communicate this data to the legally authorised bodies and authorities.

The Other Store undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorised third parties.

The Customer's personal information is sent to and stored at the Website's host located in France, whose contact details appear on the Website under the heading "Legal Notices".

In accordance with the "Informatique et Liberté" law of 6 January 1978, as amended by the law of 6 August 2004, the Client has the right to access, rectify, modify and delete data concerning him/her.

The Website is registered with the Commission Nationale de l'Informatique et des Libertés - CNIL under number 1351361. The Customer may exercise this right by sending a letter to the following address or by email, specifying his full name, email and postal address:

The Other Store

E-shop Bensimon

37 avenue de Trudaine

75009 Paris

France

e-shop@bensimon.com

The Customer can also modify his personal details from his customer area by identifying himself using his e-mail address and password.

Article 9 Cookies

In order to process the Customer's order, and in order to better understand his needs and personalize the services offered on the Website, The Other Store uses cookies. The cookie is a computer file, stored on the hard disk of the Customer's computer, which is used to report his or her visit to the Website.

Cookies memorize the time the Customer visits the Website, his identity (known by his email address and password) and the contents of his basket. Once disconnected from the Website, this information is stored for 30 (thirty) days before being permanently deleted.

The Customer may oppose the recording of cookies by configuring his Internet browser. He then loses any personalization of the service offered to him on the Website.

Article 10 Limitation of liability

Placing an order on the Website implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, information requests or transfers, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network.

The Other Store shall therefore in no event be held liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the Client's connection to the Website being under its sole responsibility.

Article 11 Force Majeure

The Other Store shall not be liable for the total or partial non-fulfilment of its obligations under the order placed by the Customer, if such non-fulfilment is caused by an event constituting a case of force majeure as defined by positive law.

In such a case, The Other Store will inform the Customer of the occurrence of such an event within 3 (three) clear days of its occurrence, by e-mail.

After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, if necessary, be refunded by Bensimon to the credit card used to place the order within a maximum period of 30 (thirty) days.

Article 12  Applicable law

If any of the terms of these General Terms and Conditions of Sale are found to be null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In the event of disputes, the client first addressed The Other Store to obtain an amicable solution and in the absence of an agreement, the ordinary courts will be the only competent courts.