GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale define the terms and conditions applicable to sales concluded between:

- the Bensimon online store (www.bensimon.com), published by Imperial Classic Diffusion (ICD), a simplified joint-stock company with a share capital of 530,000 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, and hereinafter referred to as "Imperial Classic Diffusion" and

- any non-commercial natural person, aged at least 18, making a purchase via the website for purposes that are not part of their commercial, industrial, craft or liberal activity, hereinafter referred to as "the customer".

Imperial Classic Diffusion reserves the right to modify these general terms and conditions of sale at any time. The applicable T&Cs are those in force on the website on the date the order is placed by the customer. Any purchase on the website implies the full and complete acceptance of them by the customer.

For any question relating to an online purchase, the terms of sale, the general safety of products (RSGP) or the Data Protection Policies, the customer can contact Bensimon customer service:

- by filling in the contact form in the "Contact" section of the website

- by email at the following address: e-shop@bensimon.com

- by telephone at 09 74 48 92 53 (non-surcharged call), Monday to Friday from 9:00 a.m. to 7:00 p.m., and on Saturday and Sunday from 9:00 a.m. to 5:00 p.m.

In addition, the customer can, if he wishes, register free of charge on the list of opposition to telephone canvassing on the www.bloctel.gouv.fr website.

The products offered for sale by Imperial Classic Diffusion are those appearing on the website on the day of its consultation by the customer. Each product will be the subject of a description 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 color definition of the user's screen.

Imperial Classic Diffusion is committed to delivering products that meet the current requirements relating to the safety and health of people in accordance with European provisions, and in particular the legislation on regulated chemical substances.

Prices are indicated in euros including all taxes, excluding delivery costs; the value added tax is the one in force in mainland France on the day the order is validated.

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 order summary before the order is validated and are expressed inclusive of all taxes. These costs are borne by the customer and are invoiced in addition to the sale price of the products.

In the event of an erroneous price, manifestly derisory (low price), whatever the reason (computer bug, manual error, technical error, etc.), the order, even if validated by the website, will be cancelled. The customer will be informed as soon as possible and may, according to his wishes, place a new order at the corrected and exact price.

Imperial Classic Diffusion reserves the right to modify its prices at any time. Products will be invoiced on the basis of the prices in force at the time of registration of the order. Imperial Classic Diffusion will not refund any price difference between the time the order was placed and a subsequent price decrease.

The customer places an order on www.bensimon.com website, and follows the following process:

- selection of products and addition to the cart

- validation of the contents of the basket

- identification on the website 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 constitutes a contract of sale and acceptance of all the provisions of these T&Cs.

In accordance with Article L122-1 of the Consumer Code, Imperial Classic Diffusion may refuse any order from a customer if it is abnormal, placed in bad faith or for any other reason, in particular if there is a dispute with the customer or an incident relating to the payment of a previous order or which would contravene the provisions of these T&Cs. If the customer fails to correct the erroneous elements or elements contrary to these T&Cs, Imperial Classic Diffusion reserves the right not to process their order.

A confirmation email summarizing the order will be sent to the customer by the website once the order has been validated by the customer. To this end, the customer formally accepts the use of e-mail to confirm the content of his order.

Imperial Classic Diffusion undertakes to honour the preparation of the order within 48 hours (excluding weekends and public holidays, unless otherwise indicated at the time of placing the order).

The products are paid in cash and in full on the day of the order. Payment is made by the integrated payment solution service partners Ingenico, Alma and PayPal, by one of the following means: Carte Bleue, Visa, Mastercard, Amex, PayPal.

Imperial Classic Diffusion is free to proceed with the direct cancellation of an order that presents one or more risk factors for fraudulent use of a bank card.

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

The Client is informed that, in certain cases, depending on the place of delivery, additional taxes and customs fees may apply.

After validating their cart, the customer chooses one of the following delivery methods:

1. Click & Collect in store
2. Mondial Relay
3. Colissimo at home
4. Chronopost at home
5. TNT at home
6. Delivery by carrier at the bottom of the building (furniture and decoration orders)

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

In order for the delivery deadlines to be respected, the customer must ensure that he has communicated to Imperial Classic Diffusion, before the validation of his order, accurate and complete information concerning the delivery address (such as, but not limited to: street, building, stair number, access codes, names and/or intercom numbers, special delivery instructions, etc.).

The delivery times in mainland France from the date of shipment of the order for each carrier are as follows:

- Delivery to store: 2-3 working days

- Mondial Relay: 3-5 working days

- Colissimo at home: 2-3 working days

- Chronopost at home: 1-2 working days

- TNT at home: 1-2 working days

- delivery by carrier at the bottom of the building (furniture and decoration orders): by appointment

The calculation of shipping costs for destinations outside metropolitan France is carried out once the postal code has been entered on the delivery address and before the Customer validates his order. Specific offers in terms of free shipping costs are only valid for shipments in metropolitan France, unless expressly stipulated otherwise.

TAKE-BACK

In the framework of the AGEC law, used furniture at the end of its life can:

- either be deposited at waste collection centres or local collection points set up by local authorities

- or be donated to an association with a social vocation

- or be handed over to the carrier when the new product is delivered (the take-back only concerns a product of equivalent nature and size, for an order in metropolitan France). In the event that the customer wishes to have his used product taken back by the carrier, he must make a written request within a maximum of 2 hours after placing his order by sending an email to the following address e-shop@bensimon.com indicating the order number as well as his contact details (surname, first name, telephone).

Pre-ordered products posted on the website as a "Pre-Order" may have longer delivery times than other orders. These delivery times will be mentioned on the website.

Orders containing both standard products and Pre-Ordered products ("Mixed Orders") may be delivered separately and at different times.

As soon as the Pre-Ordered products have been prepared, Imperial Classic Diffusion will inform the customer of their shipment by sending a Shipping Confirmation.

The customer has the right to withdraw from the Contract within 30 days from the date on which the customer or a third party other than the carrier appointed by the customer takes physical possession of the products without giving any reason.

In the case of Mixed Orders, the withdrawal period expires after 30 days from the date on which the customer or a third party other than the carrier designated by the customer takes physical possession of the last product ordered.

The foregoing provisions are without prejudice to the contractual right of withdrawal of 30 days from the date of the Dispatch Confirmation that the customer enjoys for each of the products that can be delivered separately in the case of Mixed Orders. If the customer makes a purchase of a Pre-Ordered product, all the provisions of these Terms will also apply to the customer.

7.1. Liability

Imperial Classic Diffusion, under these Conditions, cannot be held liable in the event that the non-performance of its obligations is attributable to the act of a third party, to the fault of the client or to an event of force majeure as defined by Article 1218 of the Civil Code and by case law. Notwithstanding the foregoing, Imperial Classic Diffusion's liability shall not be excluded or limited in the following cases:

1. death or personal injury caused by his or her negligence;
2. fraud or fraud;

or iii. in all cases where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit the liability of Imperial Classic Diffusion. Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, Imperial Classic Diffusion does not guarantee the accuracy or security of the information transmitted or obtained through this website, unless expressly stated otherwise.

7.2. Warranties

To the extent provided for by law, all warranties are excluded, with the exception of statutory warranties for the benefit of consumers, which cannot legally be excluded. Imperial Classic Diffusion, whose contact details appear in the preamble to these Terms and Conditions, guarantees consumers against lack of conformity and latent defects for the products for sale on this website, in accordance with the legal guarantee of conformity provided for in articles L.217-3 et seq. of the Consumer Code and the guarantee against hidden defects,within the meaning of Articles 1641 et seq. of the Civil Code.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them. If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the property takes place after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods; 4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance. The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to the cancellation of the sale if the lack of conformity is minor, which it is up to Imperial Classic Diffusion to demonstrate. Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item.

Implementation of the legal guarantee of conformity and hidden defects:

In the event of implementation of the legal guarantee of conformity and hidden defects, the customer may contact Imperial Classic Diffusion either by post at 52 rue Bichat 75010 Paris, or by email at e-shop@bensimon.com. Imperial Classic Diffusion will then indicate the procedure to be followed by the customer.

Reminder of certain provisions of the Consumer Code relating to the legal guarantee of conformity of goods (excluding digital content and services):

- Article L 217-3 paragraphs 1 and 2 of the Consumer Code: The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of the date of delivery.

 - Article L 217-4 of the Consumer Code: The good is in conformity with the contract if it meets the following criteria, if applicable:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract; (…).

 Reminder of certain provisions of the Civil Code relating to the warranty against latent defects:

- Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

- Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

The products sold by Imperial Classic Diffusion, especially handcrafted items, often have characteristics specific to the natural materials used in their manufacture. These characteristics may vary in fibre, texture, knots or colour. These variations can in no case be considered defects or damages. The customer must, on the contrary, be aware of the existence of these variations and be able to appreciate them. The provisions of this clause shall in no way affect the rights of the customer as a consumer, nor the customer's right to withdraw from the Agreement.

In accordance with the law in force (Article L221-18 of the Consumer Code), the customer has a right of withdrawal which allows him/her, within a period of 14 days from the date on which the customer or a third party other than the carrier that the customer has designated enters into physical possession of the products or, in the case of several products that are part of the same order but delivered separately, within 14 days from the date on which the customer or a third party other than the carrier designated by the customer takes physical possession of the last product ordered, to withdraw without having to justify reasons or pay penalties. Imperial Classic Diffusion extends this right to a total period of 30 days after receipt of the last product ordered. 

To exercise their right of withdrawal, the customer must inform Imperial Classic Diffusion of their decision by an unequivocal written statement (in particular by means of an e-mail or post). The customer may contact Imperial Classic Diffusion by post at the following address: IMPERIAL CLASSIC DIFFUSION - Service client Bensimon, 52 rue Bichat, 75010 Paris or by email at the e-shop@bensimon.com email address. The customer also has the option of using the withdrawal form below, although this is not mandatory.

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

I/we (*) hereby notify you of my (*) withdrawal from the contract relating to the sale of the goods (*) below:

Ordered on (*)/received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of the present paper form) :

Date:

In order to comply with the withdrawal period, the customer must inform Imperial Classic Diffusion of their decision to exercise their right of withdrawal before the expiry of this withdrawal period.

For greater convenience, Imperial Classic Diffusion provides the customer with a withdrawal procedure directly on his customer account on the www.bensimon.com website. The customer will be able to indicate the products for which he is withdrawing and download a prepaid return label (valid for orders delivered in metropolitan France, and returned from metropolitan France). This procedure is not mandatory.

Effect of withdrawal

If the customer decides to withdraw from the Contract, Imperial Classic Diffusion will reimburse the customer for all amounts paid, including the costs of delivery to the original place of delivery (with the exception of additional costs related to the choice of a delivery method other than the standard, least expensive delivery method offered), as soon as possible and, in any case, within 14 days from the day on which Imperial Classic Diffusion is informed of its decision to withdraw from this Agreement. The refund method will be the same as the payment method used in the original transaction. In any case, this refund will not result in any costs to be borne by the customer. Notwithstanding the above, Imperial Classic Diffusion may defer the refund until Imperial Classic Diffusion has received the returned products or the customer has provided proof of the return of the same, whichever is earlier.

The customer must return the products in question without undue delay, and, in any case, within 14 days of the communication of its decision to withdraw from this Agreement in accordance with the terms and conditions set out herein. The deadline is met if the customer returns the products before the 14-day period has expired.

Items must be returned either in their original packaging or in packaging that protects the product from damage, with their labels and any accessories that allow them to be re-marketed, (unused, unaltered, unwashed, undamaged) to:

L4 LOGISTICS – Bensimon

ZAC de l'Orme Pomponne

46-48, Avenue Paul Langevin

91130 Ris-Orangis

Items can also be returned to one of the Bensimon stores located in France or Belgium (with the exception of stores located in Lorient, Nîmes, les Clayes-sous-Bois and Romans sur Isère).

The costs of returning products are covered by Imperial Classic Diffusion if the customer uses the return label made available on their customer account, and only for orders delivered in metropolitan France that do not include furniture or lighting delivered by a carrier dedicated to this type of product, and returned from metropolitan France. Otherwise, the costs incurred for the return of the products are the responsibility of the customer.

The customer is only liable for the depreciation of the value of the products resulting from handling other than that necessary to ensure the nature, characteristics and functioning of the same.

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

Canadian shoppers are eligible for a full refund of Duties & Taxes on returns, in line with CBSA requirements.

The information collected is intended for the use of Imperial Classic Diffusion. It is 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's 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, customers or any other person, Imperial Classic Diffusion may communicate this data to the legally authorized bodies and authorities.

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

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 Imperial Classic Diffusion Bensimon, 52 rue Bichat, 75010 Paris) or by e-mail (to rgpd@bensimon.com), specifying his surname, first name, email address and postal address.

The customer can also modify his personal contact details from his customer area by identifying himself using his email address and password.

Subject to the customer's consent, cookies are used to facilitate their navigation on the website. The use of cookies is detailed in the  Cookies page of the website.

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

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 customer's connection to the website being under his or her sole responsibility.

Imperial Classic Diffusion shall not be held liable for any non-performance or delay in the performance of its contractual obligations caused by events beyond its reasonable control (hereinafter the "Force Majeure") as defined in Article 1218 of the Civil Code and by case law. It is understood, on the one hand, that its contractual obligations will be suspended for as long as the Force Majeure event lasts and, on the other hand, that its performance deadlines in order to meet these obligations will be extended for a period equivalent to that of the Force Majeure event. Imperial Classic Diffusion will endeavour to put an end to the Force Majeure event as far as possible or to find a solution that will allow it to perform its contractual obligations despite the Force Majeure event.

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

The T&Cs are executed and interpreted in accordance with French law.

In the event of disputes, the client will first contact Imperial Classic Diffusion to obtain an amicable solution and in the absence of an agreement, the common law courts will have sole jurisdiction.

If the customer believes that his rights have been infringed, he can send his complaint to the following email address: e-shop@bensimon.com in order to request an amicable settlement. Also, if his purchase was made on www.bensimon.com website, Imperial Classic diffusion hereby informs the customer that, in accordance with European Regulation No. 524/2013, the customer has the right to request the resolution of his dispute on the platform dedicated to the online resolution of consumer disputes accessible via the following email address:http://ec.europa.eu/consumers/odr/. In this regard, for any written complaints previously sent to Imperial Classic Diffusion's customer service for less than one year and not satisfied, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the customer may use the CM2C mediation service by electronic means: www.cm2c.net/declarer-un-litige.php or by post: CM2C, 49 rue de Ponthieu, 75008 Paris.

IMPERIAL CLASSIC DIFFUSION is registered in the eco-organisation's register and up-to-date with its 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.

 The customer acknowledges and accepts that all copyright, registered trademarks and any other intellectual property rights relating to all information or content appearing on this website will, at all times, be the property of IMPERIAL CLASSIC DIFFUSION or that of those who have granted it the license. The customer may only make use of this information to the extent that he is expressly authorized to do so, by IMPERIAL CLASSIC DIFFUSION or by those who have granted the license. This does not prevent them from using this website to copy information necessary for their order or their identification information.

The customer must not misuse the website by intentionally introducing viruses, Trojan horses, worms, logic bombs and other devices that are malicious or technologically harmful. He must not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database in connection with our website. It undertakes not to attack this website by means of a denial of service or a distributed denial of service. Any breach of this clause constitutes an offence under the applicable regulations. IMPERIAL CLASSIC DIFFUSION will inform the competent authorities of any such breach and will cooperate with them in order to discover the identity of the hacker. Similarly, in the event of non-compliance with this clause, the customer will immediately cease to be authorised to use this website. IMPERIAL CLASSIC DIFFUSION is not responsible for any loss or nuisance resulting from a denial-of-service attack, a virus or any other malicious or technologically harmful device or material caused to the customer's computer, equipment, data or information as a result of the use of this website or as a result of downloading files from this website or files from other websites to which this website is linked directed.