These General Terms and Conditions of Sale (hereinafter the "General Conditions") govern the terms of use of the website www.benoashop.com (hereinafter the "Site"), published by the company SARL AVICA (hereinafter "BENOA"), with a share capital of 2,000 euros, whose registered office is located at 35 Route de Calvi, 20220 Île-Rousse, registered with the RCS under number 4976 5212 3000 17 (represented by Ms. Anne Canioni, duly authorized for this purpose), by any user (hereinafter referred to as the "Client" or "You") of the Site, hereinafter jointly referred to as the "Parties" or individually as the "Party". The term “Client” is used interchangeably regardless of whether the user has placed an order with Benoa or not. The term “Delivery” refers to the first presentation of the Products ordered by the Client at the Delivery address indicated during the order.
Article 1 - Purpose
These terms and conditions govern the sale on the Site of ready-to-wear clothing, footwear, and accessories (hereinafter referred to as the "Product(s)") or any Products available on www.benoashop.com.
Article 2 - Price
The prices of the Products on the Site are listed in euros, including all taxes (VAT and other applicable taxes on the date of the order), as well as applicable shipping costs. All orders, regardless of their origin, must be paid in euros.
The Site reserves the right to change its prices at any time, but the Product will be billed at the rate in effect at the time the order is confirmed, subject to availability.
Products remain the property of Benoa until full payment of the purchase price.
Article 3 - Orders
Section 3.1 Product Characteristics
Benoa strives to present the main features of the Products as clearly as possible (in the product descriptions available on the Site) and the mandatory information that the Customer is required to receive under applicable law (in these Terms and Conditions).
The Customer agrees to read this information carefully before placing an order on the www.benoashop.com website.
Unless otherwise stated on www.benoashop.com, all products sold by Benoa are new and comply with current European legislation and applicable standards in France.
Section 3.2 Ordering Procedure
You can place an order directly on the Website: www.benoashop.com. To place an order, the Customer must follow the steps described below (please note, however, that depending on the Customer’s starting page, the steps may vary slightly). Contractual information is provided in French and will be confirmed no later than at the time you confirm your order.
3.2.1 Product Selection and Purchase Options
The Customer must select the product(s) of their choice by clicking on the relevant product(s) and selecting the desired features and quantities. Once a product is selected, it is added to the Customer’s cart. The Customer can then add as many products as they wish to their cart.
3.2.2 Orders
Once the products have been selected and added to the cart, the customer must click on the cart and verify that the order details are correct. If the customer has not already done so, they will then be prompted to log in or register.
Once the Customer has reviewed the contents of the shopping cart and has logged in or registered, a pre-filled online form will appear, summarizing the price, applicable taxes, and, where applicable, shipping costs.
The Customer is asked to review the details of their order (including the quantity, specifications, and product codes of the ordered items, billing address, payment method, and price) before confirming the order.
The Customer may then proceed to pay for the Products by following the instructions on the Site and providing all necessary information for billing and delivery of the Products. For Products with available options, the specific product codes will appear once the correct options have been selected. Orders must include all information necessary for proper processing.
The customer must also select the desired shipping method.
3.2.3 Billing
During the ordering process, the Customer must enter the information required for billing (fields marked with an asterisk (*) are required and must be completed for the Customer’s order to be processed by the Site).
The Client must clearly provide all information related to delivery, including the exact delivery address and any access code for the delivery address.
The customer must then select the desired payment method.
Neither the order form that the Customer creates online nor the order confirmation that the Site sends to the Customer by email constitutes an invoice. Regardless of the ordering or payment method used, the Customer will receive the original order form inside the package.
Any order placed on the website www.benoashop.com implies acceptance of these General Terms and Conditions. Any order confirmation implies your full and complete acceptance of these general terms and conditions of sale, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of them. The order confirmation will constitute your signature and acceptance of the transactions carried out.
The Site reserves the right not to process a payment or confirm an order for any reason whatsoever, particularly in the event of a supply issue or a problem with the order received.
Article 4 - Payment
4.1. Payment Methods
The Customer may pay for their Products online on the Site using the payment methods offered by the Site. The Customer warrants to Benoa that they have all necessary authorizations to use the selected payment method. Benoa will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment process on the Site.
Please note that all payment-related information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
4.2. Payment Date
The Client's account will be charged as soon as the order for Products is placed on the Site.
4.3. Delay or refusal of payment
If the bank refuses to process a payment via a card or other payment method, the Customer must contact the Site's Customer Service to pay for the order using any other valid payment method.
In the event that, for any reason whatsoever—including opposition, refusal, or any other cause—the transfer of funds owed by the Client proves impossible, the order will be canceled and the sale automatically terminated.
Article 5 - Right of withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of fourteen (14) calendar days from the receipt of your Products to exercise your right of withdrawal without having to provide a reason or pay a penalty. Returns must be made in their original and complete condition (packaging, accessories, instructions) and accompanied by the purchase invoice included with the package. In this context, you are held responsible. “Original condition” means a Product that has not been used extensively and shows no signs of such use. Any damage sustained by the Product during this process may invalidate the right of withdrawal. Return shipping costs are your responsibility. To exercise their right of withdrawal, the Customer must notify their decision to withdraw from this contract by means of an unambiguous statement sent to the following address: 35 Route de Calvi, 20220 Île-Rousse or by email via our contact form
Article 6 - Availability
Our products are available for purchase as long as they are listed on the benoashop.com website and while supplies last. The website will fulfill orders received provided that the products are in stock. If a product becomes unavailable after you place your order, the website will notify you by email.
The Site may, at the Client's request:
Either offers to ship all Products at the same time as soon as out-of-stock Products become available again,
- Or proceed with a partial shipment of available Products first, then ship the rest of the order when the other Products become available, provided that clear information is provided regarding any additional shipping costs that may be incurred,
- Or offer an alternative product of equivalent quality and price, as accepted by the Customer. If the Customer decides to cancel their order for unavailable products, they will receive a refund of all amounts paid for the unavailable products within thirty (30) days of payment at the latest.
Article 7 - Delivery Methods and Times
7.1 Delivery Area
The products offered can only be shipped to mainland France and Europe.
The Products are shipped to the delivery address(es) that the Customer provided during the ordering process.
7.2 Shipping time
It may take up to two (2) business days after the order is placed to ship it. The ordered Product is shipped via La Poste or Chronopost to the delivery address provided by the customer during the ordering process, within the timeframe indicated on the order confirmation page. In the event of an error in the address, the Site cannot be held responsible if the Products cannot be delivered.
In the event of a shipping delay, we will send you an email to inform you of any potential impact on the delivery time we provided.
In accordance with applicable law, in the event of a delay in delivery, you have the option to cancel the order under the terms and conditions set forth in Article L 138-2 of the Consumer Code. If you receive the Product in the meantime, we will refund the purchase price and shipping costs in accordance with the terms of Article L 138-3 of the Consumer Code.
In the case of deliveries made by a carrier, Benoa cannot be held responsible for delivery delays caused solely by the customer’s unavailability after several attempts to schedule a delivery.
7.3 Delivery times and costs
During the ordering process, the Site informs the Customer of the available shipping times and methods for the purchased Products.
Shipping costs are calculated based on the delivery method. The customer is responsible for paying these costs in addition to the price of the purchased products.
7.4 Delivery Methods
If the customer is not home, a delivery notice will be left, allowing them to pick up their package at their local post office. Details regarding delivery times and costs are provided on the website.
7.5 Delivery Issues
Deliveries within France will be made within a maximum of 5 business days, and deliveries to other European countries within 15 business days.
If this is not possible, the Client must formally request that the Site deliver within a reasonable timeframe, and if delivery is not made within that timeframe, the Client may terminate the contract.
The Site will refund the Client, without undue delay upon receipt of the termination notice, the total amount paid for the Products, including taxes and shipping costs, using the same payment method the Client used to purchase the Products.
The Site is liable until the Product is delivered to the Customer. Please note that the Customer has three (3) days to notify the carrier of any damage or partial loss observed during delivery.
Article 8 - Warranty
8.1. Conformity Guarantee
All our Products are covered by the legal warranty of conformity and the warranty against hidden defects, as provided for in Articles 1641 et seq. of the Civil Code. In the event of non-conformity of a Product sold, it may be returned, exchanged, or refunded. All claims, requests for exchange, or refund must be made by email (via our contact form) within fifteen (15) days of delivery. Products must be returned to us in the condition in which the Customer received them, including all components (accessories, packaging, instructions, etc.).
The Site is obligated to deliver a Product that conforms to its intended use, meaning it is suitable for the purpose expected of a similar item and matches the description provided on benoashop.com. This conformity also implies that the Product possesses the qualities that a buyer can reasonably expect based on the Site’s public statements, including those made in advertising and on product labels.
In this context, the Site may be liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from packaging, assembly instructions, or installation when it was responsible for such matters or when they were carried out under its responsibility.
Claims arising from nonconformity are barred after two (2) years from the delivery of the Product.
In the event of a lack of conformity, the Customer may request that the Product be replaced or repaired, at their discretion. However, if the cost of the Customer’s chosen option is clearly disproportionate to the other available option, taking into account the value of the Product or the severity of the defect, the Site may issue a refund without adhering to the Customer’s chosen option.
If replacement or repair is not possible, the Site agrees to refund the price of the Product within 30 days of receiving the returned Product, provided that the Customer returns the Product to the following address: 35 Route de Calvi, 20220 Île-Rousse
Finally, the Customer is not required to prove the existence of the Product’s lack of conformity during the six (6) months following delivery of the goods.
It is specified that this legal warranty of conformity applies independently of any commercial warranty provided for the Products.
8.2. Warranty Against Hidden Defects
The Site is liable under the warranty against hidden defects in the Product sold that render it unfit for its intended use, or that impair its use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, had they been aware of such defects.
This warranty allows the Customer who can prove the existence of a latent defect to choose between a refund of the Product’s price if it is returned and a partial refund of its price if the Product is not returned.
If the Product cannot be replaced or repaired, Benoa agrees to refund the purchase price within 30 days of receiving the returned Product, provided that the Customer returns the Product to the following address: 35 Route de Calvi, 20220 Île-Rousse.
The Client must file a claim for hidden defects within two (2) years of discovering the defect.
Article 9 - Liability
The products offered comply with current French law. Benoa cannot be held liable in the event of non-compliance with the laws of the country where the product is delivered. It is your responsibility to check with local authorities regarding the legality of importing or using the products or services you intend to order.
Furthermore, Benoa cannot be held liable for damages resulting from improper use of the purchased Product or an incorrect order entry.
Finally, Benoa shall not be held liable for any inconveniences or damages arising from the use of the Internet, including service interruptions, unauthorized access, or the presence of computer viruses.
Article 10 - Governing Law in the Event of Disputes
The language of this contract is French. These terms and conditions of sale are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 11 - Intellectual Property
All elements of the benoashop.com website are and remain the exclusive intellectual property of Benoa. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even in part, any elements of the website—whether software, visual, or audio—including the underlying technology used, which is protected by copyright, trademark, and/or patent law. Any simple or hypertext link is strictly prohibited without the express written consent of Benoa.
This permission from Benoa is not granted on a permanent basis under any circumstances. This link must be removed upon request by the Site. Hypertext links to the Site that use techniques such as framing or inline linking are strictly prohibited.
Article 12 - Personal Data
Benoa collects personal data about its customers on the Site, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by Benoa is used to process orders placed on the Site, manage the Customer’s account, analyze orders, and, if the Customer has opted in, send them marketing emails, newsletters, promotional offers, and/or information about special sales, unless the Customer no longer wishes to receive such communications from the Site.
The Site keeps customer data confidential in accordance with its declaration to the CNIL, for the purposes of the contract, its performance, and in compliance with the law.
Customers can unsubscribe at any time by logging into their account or by clicking the link provided for this purpose at the bottom of each email they receive.
Data may be disclosed, in whole or in part, to the Site’s service providers involved in the ordering process. For marketing purposes, the Site may share the names and contact information of its Customers with its business partners, provided that the Customers have given their prior consent when registering on the Site.
The Site will specifically ask Customers whether they wish their personal data to be disclosed. Customers may change their mind at any time on the Site or by contacting Benoa.
The Site may also ask its Customers if they wish to receive promotional materials from its partners.
In accordance with Law No. 78-17 of January 6, 1978, on data processing, files, and civil liberties, the Customer has the right to access, correct, object to (for legitimate reasons), and delete their personal data. They may exercise this right by sending an email via our contact form or by sending a letter to 35 Route de Calvi, 20220 Île-Rousse.
It is specified that the Customer must be able to verify their identity, either by scanning an identification document or by sending a photocopy of their identification document to the Site.
Article 13 - Proof of Archiving
The Site will archive purchase orders and invoices on a reliable and durable medium that constitutes a true and accurate copy in accordance with the provisions of Article 1348 of the Civil Code.
The Site's electronic records shall be accepted by all parties concerned as proof of communications, orders, payments, and transactions between the parties.
Article 14 - Validity of the General Terms and Conditions
Any amendment to applicable laws or regulations, or any decision by a competent court invalidating one or more provisions of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Such an amendment or decision does not, under any circumstances, authorize Customers to disregard these General Terms and Conditions.
Any matters not expressly addressed herein shall be governed in accordance with standard practices in the retail sector for companies whose registered office is located in France.
Article 15 - Amendment of the General Terms and Conditions
These General Terms and Conditions apply to all online purchases made on the Site, as long as the Site remains available online.
The General Terms and Conditions are dated and may be modified and updated by Benoa at any time. The applicable General Terms and Conditions are those in effect at the time the order is placed.
Changes to the General Terms and Conditions will not apply to Products that have already been purchased.
Article 16 - Jurisdiction and Governing Law
These General Terms and Conditions, as well as the relationship between the Customer and the Site, are governed by French law.
In the event of a dispute, only French courts shall have jurisdiction.
However, before resorting to arbitration or state court, the parties shall give priority to negotiation in a spirit of loyalty and good faith in order to reach an amicable agreement should any dispute arise in connection with this contract, including disputes regarding its validity.
The party wishing to initiate the negotiation process must notify the other party by certified mail with return receipt requested, specifying the details of the dispute. If, after a period of 20 (twenty) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other or regarding the dispute under negotiation. As an exception, the parties are authorized to apply to the judge presiding over interim relief proceedings or to request the issuance of an order upon application. Any action brought before the court for interim relief or the initiation of proceedings upon application does not constitute a waiver of the amicable settlement clause by the parties, unless expressly stated otherwise.
Sample withdrawal form:
_________________________________________________________________________________________________________
To AVICA LLC
I hereby notify you of my withdrawal from the contract for the sale of the product listed below:
Product Reference:
Invoice No.:
Purchase Order No.:
- Ordered on