These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) govern the terms of use of the website www.benoashop.com (hereinafter the “Website”) published by SARL AVICA (hereinafter “BENOA ), with a share capital of 2,000 Euros, whose registered office is located at Rue de la Cathédrale 20, 217 Saint Florent, registered with the Trade and Companies Register under number 4976 5212 3000 17 (represented by Ms. Anne Canioni, duly authorized for this purpose), and any user (hereinafter referred to as the “Customer” or “You”) of the Site, hereinafter collectively referred to as the “Parties” or individually as the “Party.” The term “Customer” is used interchangeably regardless of whether the user has placed an order with Benoa. The term “Delivery” refers to the first presentation of the Products ordered by the Customer at the Delivery Address provided at the time of the order.
Article 1 - Purpose
These terms and conditions govern the sale on the Website of ready-to-wear clothing, footwear, and accessories (hereinafter referred to as the “Product(s)”) or any other Products available on www.benoashop.com.
Article 2 - Price
The prices of the Products on the Site are listed in euros, inclusive of all taxes (VAT and other applicable taxes as of 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 based on the price in effect at the time the order is confirmed, subject to availability.
The products remain the property of Benoa until full payment has been received.
Article 3 - Orders
Section 3.1 Product Specifications
Benoa strives to present as clearly as possible the main features of the Products (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 expressly 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). The contractual information is provided in French and will be confirmed no later than when your order is finalized.
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 the Product has been selected, it is added to the Customer’s shopping cart. The Customer may then add as many Products to their shopping cart as they wish.
3.2.2 Commands
Once the Products have been selected and added to the shopping cart, the Customer must click on the shopping 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 confirmed the contents of the shopping cart and logged in or registered, an automatically populated online form will appear, summarizing the price, applicable taxes, and, if applicable, shipping costs.
Customers are asked to review the details of their order (including the quantity, specifications, and product codes of the items ordered, the billing address, the payment method, and the price) before confirming their order.
The Customer may then proceed to pay for the Products by following the instructions on the Site and providing all the information necessary for billing and delivery of the Products. For Products for which options are available, these specific product codes will appear once the correct options have been selected. Orders placed must include all the information necessary for the order to be processed correctly.
The Customer must also select the desired shipping method.
3.2.3 Billing
During the ordering process, the Customer must enter the necessary billing information (fields marked with an asterisk (*) are required and must be completed in order for the Customer’s order to be processed by the Site).
In particular, the Customer must clearly provide all information related to the Delivery, including the exact delivery address and any access codes for the delivery address.
The Customer must then specify the preferred payment method.
Neither the order form that the Customer completes online nor the order confirmation that the Website sends to the Customer via email constitutes an invoice. Regardless of the method of ordering or payment 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 Terms and Conditions. By confirming an order, you fully and unconditionally agree to these terms and conditions of sale, without exception or reservation. All information provided and the recorded confirmation shall serve as proof of the transaction. You acknowledge that you are fully aware of this. The order confirmation shall be deemed a 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, 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 Products online on the Website using the payment methods offered by the Website. The Customer warrants to Benoa that they have all the necessary authorizations to use the selected payment method. Benoa will take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payments on the Website.
In this regard, please note that all payment information provided on the Site is transmitted to the Site’s bank and is not processed on the Site.
4.2. Payment Date
The Customer's account will be charged as soon as the order for Products is placed on the Website.
4.3. Delayed or Refused Payment
If the bank refuses to process a charge to a card or other payment method, the Customer must contact the Site’s Customer Service to pay for the order using another valid payment method.
In the event that, for any reason whatsoever—including objection, refusal, or otherwise—the transfer of the payment owed by the Customer 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 French Consumer Code, you have a withdrawal period of fourteen (14) calendar days from the date of 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 condition and complete (packaging, accessories, instructions) and accompanied by the purchase invoice received with the package. In this context, you are held responsible. “Original condition” means that the Product has not been used and bears no signs of prolonged use. Any damage sustained by the Product during this process may invalidate the right of withdrawal. You are responsible for return shipping costs. 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: SARL AVICA BENOA,Route de Calvi,20256Corbara, or by email via ourcontact form.
No items may be returned or exchanged during sales events such as "Benoa Black Days."
Article 6—Availability
Our products are available for purchase as long as they are displayed on the benoashop.com website and while supplies last. The website agrees to fulfill orders received provided that the products are available. If a product becomes unavailable after you place your order, the website will notify you by email.
The Site may, at the Customer’s request:
Either offer to ship all Products at the same time as soon as the out-of-stock Products become available again,
- Either ship the available Products in a partial shipment initially, and then ship the remainder 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, which the Customer accepts. If the Customer decides to cancel their order for unavailable Products, they will receive a refund of all amounts paid for the unavailable Products no later than thirty (30) days after payment.
Article 7 - Delivery Terms and Timelines
7.1 Delivery Area
The products offered can only be shipped to mainland France and Europe.
The Products are shipped to the shipping address(es) provided by the Customer during the ordering process.
7.2 Shipping Time
It may take up to two (2) business days after the order is placed to ship the order. 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 let you know if there will be any impact on the delivery time we provided.
In accordance with applicable law, in the event of a delay in delivery, you have the right to cancel your order under the terms and conditions set forth in Article L 138-2 of the French Consumer Code. If you receive the product in the meantime, we will refund the purchase price and shipping costs in accordance with Article L 138-3 of the French Consumer Code.
In the case of deliveries made by a carrier, Benoa cannot be held liable for delivery delays caused solely by the customer’s unavailability after several attempts to schedule a delivery time.
7.3 Delivery Times and Fees
During the ordering process, the Site informs the Customer of the available shipping times and options 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 Terms
If the Customer is not home, a delivery notice will be left so that the Customer can pick up the package at the post office. Details regarding delivery times and fees are provided on the Website.
7.5 Delivery Issues
Please note that deliveries within France will be made within a maximum of 5 business days, and deliveries to other European countries within 15 business days.
Otherwise, the Customer must give the Site formal notice to deliver within a reasonable time, and if delivery is not made within that time, the Customer may terminate the contract.
The Site will refund to the Customer, without undue delay following receipt of the notice of cancellation, the total amount paid for the Products, including taxes and shipping costs, using the same payment method the Customer 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 discovered at the time of delivery.
Article 8 - Warranty
8.1. Warranty of Conformity
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 that a Product sold does not conform, it may be returned, exchanged, or refunded. All complaints, requests for exchange, or refund must be submitted by email (via ourcontact 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 required to deliver a Product that is in conformity, meaning that it is fit for the purpose for which similar goods are typically intended and corresponds to 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 advertisements and on product labels.
In this context, the Site may be held liable for any lack of conformity existing at the time of delivery, as well as for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that the installation was performed by the Site or under its responsibility.
The right to bring an action for nonconformity expires two (2) years after the Product is delivered.
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, given the value of the Product or the significance of the defect, the Site may issue a refund without following the option chosen by the Customer.
In the event that a 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 : SARL AVICA BENOA,Route de Calvi,20256Corbara
Finally, the Customer is not required to provide proof of the Product’s lack of conformity during the six (6) months following delivery of the goods.
Please note that this statutory warranty of conformity applies regardless of any commercial warranty that may be provided for the Products.
8.2. Warranty Against Hidden Defects
The Site is liable for any latent defects in the Product sold that render it unfit for its intended use, or that so impair its use 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 hidden defect to choose between a refund of the Product’s price if it is returned, or a partial refund of the price if the Product is not returned.
In the event that a replacement or repair is not possible, Benoa 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 : SARL AVICA BENOA,Route de Calvi,20256Corbara.
The Customer 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 shall not be held liable in the event of non-compliance with the laws of the country to which the Product is delivered. It is your responsibility to check with local authorities regarding the importation or use of the Products or services you intend to order.
Furthermore, Benoa shall not be held liable for any damages resulting from misuse of the purchased Product or an error in placing the order.
Finally, Benoa shall not be held liable for any inconvenience or damage 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 are protected by copyright, trademark, and/or patent laws. Any simple or hypertext link is strictly prohibited without the express written consent of Benoa.
Under no circumstances shall this agreement with Benoa be considered final. This link must be removed upon the Site’s request. Hyperlinks to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Article 12 - Personal Data
Benoa collects personal data about its Customers on the Website, including through the use of 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 communications, newsletters, promotional offers, and/or information about special sales, unless the Customer no longer wishes to receive such communications from the Site.
The Site maintains the Customer’s data in confidence in accordance with its filing with the CNIL, for the purposes of the contract, its performance, and in compliance with the law.
Customers may unsubscribe at any time by logging into their account or by clicking the unsubscribe link provided at the bottom of each email they receive.
The 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 its Customers’ names and contact information 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 to have their personal data 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 marketing communications from its partners.
In accordance with Law No. 78-17 of January 6, 1978, on information technology, data files, and civil liberties, the Customer has the right to access, correct, object to (for legitimate reasons), and delete their personal data. The Customer may exercise this right by sending an email via ourcontact form or by mailing a letter to SARL AVICA BENOA,Route de Calvi,20256Corbara
Please note that the Customer must be able to verify their identity, either by scanning an ID document or by sending a photocopy of their ID document to the Site.
Article 13 - Archiving of Evidence
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 deemed by all parties concerned to be proof of communications, orders, payments, and transactions between the parties.
Article 14 - Validity of the Terms and Conditions
Any change in applicable laws or regulations, or any decision by a competent court invalidating one or more provisions of these Terms and Conditions, shall not affect the validity of these Terms and Conditions. Such a change or decision shall in no way authorize Customers to disregard these Terms and Conditions.
Any terms and conditions not expressly addressed herein shall be governed in accordance with standard practices in the retail sector for companies whose principal place of business is located in France.
Article 15 - Amendments to the Terms and Conditions
These Terms and Conditions apply to all purchases made online on the Website, as long as the Website is available online.
The Terms and Conditions are dated and may be modified and updated by Benoa at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Changes to the Terms and Conditions will not apply to Products that have already been purchased.
Article 16 - Jurisdiction and Governing Law
These Terms and Conditions, as well as the relationship between the Customer and the Website, are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction.
However, prior to any recourse to an arbitrator or a court, the parties shall give priority to negotiation in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute arising out of or relating to this contract, including disputes regarding its validity.
The party wishing to initiate the negotiation process must notify the other party by registered letter with return receipt, specifying the details of the dispute. If, after a period of 20 (20) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties agree not to bring any legal action against one another regarding the dispute that is the subject of the negotiations. As an exception, the parties are authorized to file a motion for summary judgment or to request the issuance of an order upon application. Any action brought before the court of summary proceedings or the initiation of summary proceedings shall not constitute a waiver by the parties of the amicable settlement clause, unless expressly agreed otherwise.
Sample withdrawal form:
_________________________________________________________________________________________________________
To the attention of AVICA, LLC
I hereby notify you of my withdrawal from the contract for the sale of the product listed below:
Product Number:
Invoice No.:
Purchase Order No.:
- Ordered on