www.sezane.com and www.octobre-editions.com (hereinafter the "Websites") are published by the company Benda Bili, a French “société par actions simplifiée” with a share capital of 28,891968 euros, with a registered office situated 112 rue Saint-Fiacred’Uzès – 75002 Paris, France, registered with the Paris Company and Trade register under no. 534 652 854, with an intra-community VAT no. FR39-534652854 (hereinafter “Benda Bili” or the “Company”).
I - GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with Benda Bili for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
Benda Bili reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II - WEBSITE'S INFORMATION AND ACCESS
www.sezane.com is anand www.octobre-editions.com are e-commerce merchantmerchants owned and managed by Benda Bili.
The Websites are available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Benda Bili or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Benda Bili is not liable for any damage incurred by an unavailability of the Websites.
Benda Bili does not make any promises about the availability or accessibility of the Websites or guarantee that the access to the Websites, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Benda Bili may be obliged to partially or totally suspend access to the Websites temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Benda Bili reserves the right to update the Websites, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by Benda Bili after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Benda Bili shall not be held liable in case of any inability to deliver the products ordered.
Client may navigate through the Websites www.sezane.com and www.octobre-editions.com with the same login and passwords, allowing a same and unique client account in the two websites.
To insure a faster and easier connection or registration, client may use the “Facebook Connect” functionality, which enables to pre-fill automatically the form.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Benda Bili’s payment provider. Benda Bili reserves the right to refuse any request or order and to close an account at its sole discretion.
IV - PRODUCTS
The products offered for sale are those described and available on the Websites, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Benda Bili. Benda Bili cannot be liable in case of an order cancellation because of stock depletion.
Benda Bili takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Websites, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Websites, the client may either exercise his right of withdrawal, or implement the Benda Bili guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V - ORDER
Acceptance of an order placed on the Websites are subject to compliance with the procedure put in place by Benda Bili, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Benda Bili. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Benda Bili. In any event, the invoices are available in the 'my account' section.
VI - ORDER REFUSAL
Benda Bili reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts of Benda Bili to satisfy the client expectations, Benda Bili may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Benda Bili cannot be held liable to the client or a third party in case of the removal of a product from the Websites, and in case of the replacement or modification of any content published on the Websites or refusal of an order after having confirmed it by email.
Benda Bili reserves the right to refuse or cancel any Order placed by a client with whom Benda Bili has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.
VII - PRICES AND TERMS OF PAYMENT
Price are mentioned in the Websites in Euros, Pound Sterling for United-Kingdom and US Dollars for United States of America and Canada or any V.A.T. applicable in the delivery country located in European Union. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
Benda Bili reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner ADYEN. The client expressly acknowledges that disclosure of their bank card number to Benda Bili gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Benda Bili to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by ADYEN. Benda Bili will never keep payment card details.
The data recorded and kept by Benda Bili constitutes proof of the order and all previous transactions. The data recorded by PayPal or ADYEN constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed in and shipped from France. Hence, some international banks or credit cards charge a foreign transaction fee for online purchases from online stores based in the European Union. Sézane does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email firstname.lastname@example.org for any questions.
VIII - DELIVERY
Deliveries are carried out by Chronopost, DPD, Paack, B2C Europe, Fedex, UPS or DHL, Monday to Saturday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Benda Bili which reimburse the CustomerClient within five (5) days of the products’ receipt by Benda Bili.
Orders are shipped within 12 business days at most for a Delivery in metropolitan France and 20 business days for a International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from November 23 to December 31, considering the significant increase of the orders volume.
Unfortunately, Benda Bili cannot deliver to the following countries for legal reasons: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates.
Benda Bili cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customerclient may request the cancellation of the
sale and within a maximum period of 15 days will receive a refund of the Order. Benda Bili cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX. RIGHT - RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to Benda Bili at email@example.com and firstname.lastname@example.org or by mail at Sézane / Octobre Editions - Customer Service – 12 rue d’Uzès – 75002 Paris, France. The return request will be confirmed by Benda Bili to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to Benda Bili within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Return is free-of-charge if the order was placed from metropolitan France, United Kingdom, Spain, Germany, Belgium and United States of America. In such case, the customer must use the prepaid shipment label in order to facilitate the reimbursement of the order.
In all cases, the expenses of returning the product are covered by Benda Bili if the product delivered is damaged or different from the product ordered.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Benda Bili cannot proceed to refund the products in question.
A refund by Benda Bili for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Repayment will be made through the same payment means used to pay the Order. If the payment means is expired, the Client shall contact the customer service to update the payment means. Benda Bili can not be liable if the repayment is made on an expired payment means.The repayment of an order paid by gift card or a voucher will always be by voucher.
X. GUARANTEES AND RESPONSIBILITY
Benda Bili’s liability related to the Products is limited to the sale price of each product. Benda Bili will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.
Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Benda Bili makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Benda Bili is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Websites; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, Benda Bili guarantees the clients against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to email@example.com or firstname.lastname@example.org within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: Benda Bili – 12 rue d’Uzès – 75002 Paris.
Visible defect confirmed by Benda Bili shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
In case of visible defect of a Product, the client shall send a demand to email@example.com or firstname.lastname@example.org and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for Benda Bili to accept the return.
Subject to the confirmation of a non-compliance or a latent defect by Benda Bili or the manufacturer, as the case may be, the client shall enjoy the following guarantees:
Benda Bili, with a registered office located at 12 rue d’Uzès – 75002 Paris, France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.
- The client may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;
- In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
- In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The Client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The Client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
XI. PARTIAL INVALIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII. Applicable law – Mediation and jurisdiction
These General T&Cs are governed by the laws of France.
In the event of a dispute between the customers and Benda Bili concerning the interpretation, performance or termination of this T&C’s, Benda Bili strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably. Benda Bili hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration.
In case of a dispute between the client and Benda Bili not resolved by the Customer Service, the client may contact free of charge the mediation department of MEDICYS, to which Benda Bili is adherent, through is website https://app.medicys.fr/ or by mail MEDICYS – 73 boulevard de Clichy – 75009 Paris, France.
Clients might also contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/;
If no amicable solution to the dispute is found, Benda Bili and the customer agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
XII. Information about the DEMAIN project
Benda Bili wishes to be involved in charities by entering into partnership with different charities or endorsement funds in order to finance charitable projects, acting especially on behalf of the children and women protection.
Such organizations are recognized public-interest organizations under French law and have been selected by Benda Bili for their reliability, renown, ethics and the values they share with Benda Bili.
Benda Bili commits to donate to such organizations all or a part of the funds raised from the sale of the Products.
As a consequence, purchase of the products concerned shall never be considered as appealing to the generosity of the public, nether a donation giving rise to the right of tax deduction under French law, for the buyer of such products.
For any question feel free to contact us: email@example.com or firstname.lastname@example.org.
Exhibit 1 – TEMPLATE OF WITHDRAWAL FORM
(To be completed and sent, with the order number in case of the use of the withdrawal right.)
For the attention of Sézane / Octobre Editions – Customer Service – 12 rue d’Uzès, 75002 Paris, France
Email : email@example.com firstname.lastname@example.org
I hereby give notice that I withdraw from my contract of sale of the following products:
Purchased on ……………..(date of the order) and/or received on ……………..(Delivery date)
Customer name :
Customer address :
Customer signature (only in case of notification in hardcopy)
For any information, please contact the Customer Service by email at email@example.com or by phone: + 00 33 (0)9 74 59 15 00 (free of charge call)firstname.lastname@example.org .
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
Benda Bili, a French “société par actions simplifiée”, with a share capital of 28.968 €, registered with the Paris Trade and Companies Register under number 534 652 854, with registered office located at 12 rue d'uzès, 75002 Paris, France.
Editing director : Ms Morgane Sézalory in her capacity as Chairman.
Contact : email@example.com
III. DESIGN & PRODUCTION
IV. PERSONAL DATA AND COOKIES
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Website was the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés - French Data Protection Authority) under number 2039445.