CONDITIONS GÉNÉRALES DE VENTES

Preamble

The present General Terms and Conditions of Sale define the conditions applicable to sales concluded between :
- the online store Bensimon, published by Imperial Classic Diffusion (ICD), SAS with a share capital of 530,000 euros with its headquarters at 52, rue Bichat 75010 in Paris - France, registered with the RCS of Paris under number 421 529 710; intra-community VAT number FR45 421 529 710, and hereinafter referred to as "the site".
and
- any non-trading natural person, aged at least 18 years, making a purchase via the site for purposes that do not fall within the scope of its commercial, industrial, craft or liberal activity, hereinafter referred to as "the customer". 

Imperial Classic Diffusion reserves the right to modify these terms and conditions of sale at any time. The applicable GCS are those in force on the site at the date of placing the order by the client. Any purchase on the site implies full and complete adherence to them by the client.

For any question relating to an online purchase, the customer can contact Bensimon Customer Service:
by filling the form of contact in the heading "Contact" of the site
by email at the following address: e-shop@bensimon.com
by phone at 09 74 48 92 53, Monday to Friday from 9:30 am to 1 pm and from 2 pm to 5:30 pm

ARTICLE 1: PRODUCTS

The products offered for sale by Imperial Classic Diffusion are those listed on the site on the day of its consultation by the client. Each product will be the subject of a description sheet which, in addition to the photograph, will contain: price, sizes and colors available, composition, as well as special features. Minimal differences between a product and its photograph may exist, depending in particular on the resolution and definition of the colors of the user's screen.

In addition, the photographs on the site are not contractual.

Imperial Classic Diffusion undertakes to deliver products that meet the requirements in force relating to the safety and health of persons in accordance with European provisions, including legislation on regulated chemicals.

ARTICLE 2 : PRICES

The prices are indicated in euros, all taxes included, excluding delivery charges; the value added tax is that in force on the French metropolitan territory on the day of the validation of the order.

The prices applied are those communicated on the site and confirmed to the customer during the validation of the order.

The delivery charges are communicated to the customer on the summary of the order before the validation of the latter and are expressed all taxes included. These costs are the responsibility of the customer and are invoiced in addition to the sale price of the products.

In case of display of an erroneous price, obviously derisory (vile price), whatever the reason (computer bug, manual error, technical error etc.), the order, even validated by the site, will be cancelled. The customer will be informed as soon as possible and will be able, according to his wish, to place a new order at the corrected and exact price.
Imperial Classic Diffusion reserves the right to change prices at any time. The products will be charged on the basis of the rates in effect at the time of registration of the order, subject to availability.

Imperial Classic Diffusion will not refund any price difference between the time the order was placed and a subsequent price reduction.

ARTICLE 3: ORDER

The customer places an order on the site www.bensimon.com, and respects the following process:
- product selection and addition to the cart
- validation of the contents of the basket
- identification on the site if the customer is not already identified
- entry of contact details, surname, first name, telephone number and date of birth
- choice of delivery method
- payment

Any order confirmed by the customer is worth contract of sale and acceptance of all the stipulations of the present C.G.V.

In accordance with Article L122-1 of the Consumer Code, Imperial Classic Diffusion may refuse any order from a client if it is abnormal, placed in bad faith or for any other reason, particularly if there is a dispute with the client or an incident relating to the payment of a previous order or which contravenes the provisions of these G.C.S.T. If the client fails to correct the erroneous or contrary to these G.C.S.T., Imperial Classic Diffusion reserves the right not to process the order.

A confirmation e-mail summarizing the order will be sent to the client by the site once the order is validated by the client. To this end, the client formally agrees to the use of e-mail to confirm the content of his order.

Imperial Classic Diffusion undertakes to honor the preparation of the order within the limits of available stocks and within 48 hours (excluding weekends and holidays, unless otherwise specified at the time of placing the order). This preparation time may be extended in case of busy periods or if the product is not available immediately. In the absence of availability of the item(s) ordered, Imperial Classic Diffusion undertakes to refund within 30 days from the confirmation of the order.

ARTICLE 4: PAYMENT

The products are paid cash and in full on the day of the order. Payment is made by Ingenico's Integrated Payment Solutions Delivery Partner, by one of the following means: Carte Bleue, Visa, Mastercard, Amex, Paypal. 

Imperial Classic Diffusion is free to proceed directly to the cancellation of an order that would present one or more risk factors for fraudulent use of credit card.

Imperial Classic Diffusion reserves the right to verify the personal data provided by the client and adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the order, in order to avoid fraudulent payment. This verification may take the form of a request for proof of identity and/or domicile and/or bank documents. Failure by the client to respond to such a request within 2 days following the request made by Imperial Classic Diffusion will automatically result in the cancellation of the order concerned, without any possibility of subsequent claim.
 

ARTICLE 5: DELIVERY

After validating his basket, the customer chooses one of the following delivery methods:
- Click & Collect (Pick up in a Bensimon store)
- Mondial Relay
- Colissimo home delivery
- TNT home delivery
- delivery by carrier at the front door of the building (orders for furniture and decoration)

The amount of the delivery charges depends on the delivery method and is indicated to the customer before the validation of the order.

In order for delivery times to be respected, the client must ensure that he has provided Imperial Classic Diffusion, before the validation of his order, with accurate and complete information regarding the delivery address (such as, in particular and without limitation: street, building, staircase numbers, access codes, names and/or intercom numbers, special delivery instructions, etc.).

The estimated delivery times for each carrier are as follows :
- pick up in a Bensimon store : from 2 to 4 working days 
- Mondial Relay : 3-5 working days
- Colissimo home delivery (Metropolitan France): from 2 to 4 working days 
- TNT Metropolitan France: 1 to 1 working days
- delivery by carrier at the front door of the building (orders for furniture and decoration) : by appointment


The times indicated are indicative times, corresponding to the average processing and delivery times by the carrier chosen by the customer. Imperial Classic Diffusion can not be held responsible for the consequences due to a delay in delivery that is not its fault.

RECOVERY
Under the AGEC law, we inform you that used furniture at the end of its life can :
- either be disposed of at local collection points set up by local authorities, or
- be donated to a charity
- be handed over to the carrier when the new product is delivered (this only applies to products of the same type and size, for an order in mainland france)
In the event that the customer wishes to have their used product taken back by the carrier, they must make a written request within a maximum of 2 hours of placing their order by sending an e-mail to the following address e-shop@bensimon.com, indicating the order number and their contact details (surname, first name, telephone number).

ARTICLE 6: RECEIPT OF THE ORDER - COMPLAINTS

The customer is obliged 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 product(s),
- deteriorated product(s),
- product(s) not conforming to the order,
- must be notified within 3 days of receipt of the order.

This notification will be transmitted to the customer service of the Bensimon site either :
- by registered mail, by writing to the following address: Imperial Classic Diffusion Bensimon 52 rue Bichat 75010 Paris
- by email at e-shop@bensimon.com

After this period, and except for hidden defects, no complaint will be accepted by Bensimon, the products being then considered to be in conformity.

For any return of nonconforming product, the customer will have to join to his parcel the return form previously completed and printed using the return form accessible from his customer area on the site. No return will be accepted without the said return form duly completed. The product(s) must be returned either in their original packaging, or in packaging protecting the product against any deterioration, with their labels and any accessories allowing their re-marketing, to the following address:
​L4 LOGISTICS - Bensimon
ZAC de l’Orme Pomponne
46-48, Avenue Paul Langevin
91130 Ris-Orangis
France
The customer will have to keep the proof of deposit of his package given by the carrier.

When non-compliance has been found, Imperial Classic Diffusion will refund the price of the product or products confirmed as non-compliant within 30 days from the date of receipt thereof.

The cost of return postage up to the price list (Colissimo delivery without registered mail) posted by La Poste on March 1st of the current year will be borne by Imperial Classic Diffusion. To do this, the client must send proof of the return costs incurred to the Customer Service of the site, by email or by mail.

In case of abnormal or abusive claims, Imperial Classic Diffusion may refuse to serve a subsequent order.

ARTICLE 7: RIGHT OF WITHDRAWAL

In accordance with the law in force (Article L221-18 of the Consumer Code), the customer has a right of withdrawal which allows him, within a period of 14 days from the conclusion of the contract to withdraw without having to justify reasons or pay penalties.  
 
The Customer who wishes to withdraw from an order placed on the BENSIMON website must therefore send the form below, completed within 14 days of receipt of the order, to the following e-mail address: e-shop@bensimon.com

For the attention of IMPERIAL CLASSIC DIFFUSION located at 52 rue Bichat 75010 Paris / e-shop@bensimon.com : 

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below: 
Ordered on (*)/received on (*) : 
Name of consumer(s) : 
Address of the consumer(s) : 
Signature of the consumer(s) (only in the case of notification of this form on paper) : 
Date : 

The Customer will also have to follow the BENSIMON product return process as defined below in order to obtain the reimbursement of his order.

ARTICLE 8: RETURN AND REFUND

In accordance with the law in force (article L121-20 of the Consumer Code), the customer has a period of 14 clear days to return a product ordered remotely from the date of receipt of the product indicated by the carrier.
Bensimon offers customers a period of 30 days from receipt of the parcel to return the item(s) ordered. They must edit and complete the returns form via their customer account and enclose it with their parcel. No returns will be accepted without the aforementioned duly completed returns form.

Items must be returned in their complete original packaging, with their labels and any accessories, new and intact (unused, unaltered, unwashed, undamaged) to : 
​L4 LOGISTICS - Bensimon
ZAC de l’Orme Pomponne
46-48, Avenue Paul Langevin
91130 Ris-Orangis
France
 
Return costs are at the customer's expense for orders delivered outside Metropolitan France and orders of furniture and lighting. The customer will have to keep the proof of deposit of his package given by the carrier.

Refunds will be made by Imperial Classic Diffusion within 30 days from receipt of the returned item(s), in the same method of payment chosen by the client for payment of the order.

No exchange is made, the items are refunded. The customer is invited to place a new order.

ARTICLE 9: PERSONAL DATA

The information collected is intended for the use of Imperial Classic Diffusion. They are necessary for the processing and management of the order and, to this end, may be communicated in whole or in part to Imperial Classic Diffusion service providers involved in the execution of the order.

Following any injunction from the legal authorities or in order to defend its rights or those of its employees, clients or any other person, Imperial Classic Diffusion may communicate this data to legally authorised bodies and authorities.

In accordance with the law "Informatique et Liberté" 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.

The site is declared to the Commission Nationale de l'Informatique et des Libertés - CNIL under the n°1351361. The client may exercise this right by sending a letter (to Imperial Classic Diffusion Bensimon, 52 rue Bichat, 75010 Paris) or by e-mail (to e-shop@bensimon.com), specifying his name, first name, email address and postal address.

The client may also change his personal details from his client space by identifying himself using his email address and password.

ARTICLE 10 - COOKIES

Subject to the customer's consent, cookies are used to facilitate his navigation on the site. The use of cookies is detailed in the Privacy Policy of the site.

ARTICLE 11 - LIMITATION OF LIABILITY

Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, 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.

Imperial Classic Diffusion can therefore in no way 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 site is under his sole responsibility.

ARTICLE 12: FORCE MAJEURE

Imperial Classic Diffusion will not be liable for total or partial non-performance of its obligations under the order placed by the client, if such non-performance is caused by an event constituting a case of force majeure as defined by positive law.

In such a situation, Imperial Classic Diffusion will inform the client of the occurrence of such an event within 7 clear days following its occurrence, by email.

After a period of 30 days, and in the event that the event of force majeure persists, the order will be cancelled and, if applicable, will be reimbursed by Imperial Classic Diffusion within a maximum period of 30 days, in the method of payment chosen by the client when placing the order.

ARTICLE 13: APPLICABLE LAW

Should any of the terms of these General Terms and Conditions of Sale be declared null, 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 shall be executed and interpreted in accordance with French law.
In case of disputes, the client should first contact Imperial Classic Diffusion to obtain an amicable solution and in the absence of agreement, the Courts of common law will have exclusive jurisdiction.

ARTICLE 14: ECO-ORGANISM

Please note that we are registered with the eco-organisation and up to date with our eco-contributions under the following unique identifiers: 
FR219206_01QVLU, communicated by CITEO, whose objective is to facilitate the monitoring and control of compliance with EPR (Extended Producer Responsibility) packaging obligations;
FR219206_11SOAU, communicated by Re_fashion, whose objective is to facilitate the monitoring and control of compliance with EPR (Extended Producer Responsibility) obligations for textiles, footwear and household linen.
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