General Conditions of Use & Sales

TERMS AND CONDITIONS

The company ALLORNOTHING ( www.benione.fr ) known as ''seller''

whose registered office is located at: 13, Rue Robert et Reynier, Lyon France

Registered in the Lyon Trade and Companies Register, under SIRET number: 89266470700015 can be contacted by e-mail by clicking on the contact form accessible via the contact page

Hereinafter referred to as the "Seller" or the "Company".

On the one hand, and the natural or legal person who buys products or services from the company, hereinafter referred to as "the Buyer", or "the Customer".

On the other hand, it is declared and agreed as follows:

in its capacity as manager, duly authorized for the purposes of this document.

The company can be contacted by e-mail by clicking on the contact form accessible via the home page of the site.

Hereinafter referred to as the "Seller" or the "Company".

On the one hand, and the natural or legal person who buys products or services from the company, hereinafter referred to as "the Buyer", or "the Customer".

Preamble

The Seller (BENIONE) offers online products intended for consumers, marketed through its websites (https://www.benione.fr). The list and description of the goods and services offered by the company can be consulted on the aforementioned sites.

Article 1: object

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services via the Company's websites and form an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing the order.

The company also ensures that their acceptance is clear and without reservation by creating a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and to accept them without restriction or reservation.

The Client acknowledges having received the advice and information necessary for the offer to meet his needs.

The Customer declares that he has the legal capacity to contract under French law or that he can validly represent the natural or legal person for whom he is contracting.

Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.

Article 3: Price

The prices of the Products sold on the Websites are indicated in euros excluding taxes and are precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + any other taxes) on the Product order page, and excluding specific shipping costs. For all Products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. In some cases, customs duties or other local or import taxes or state taxes may be required. These rights and sums are not the responsibility of the seller. They are the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to find out about these aspects from the competent local authorities. The company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Client. If applicable, delivery costs will also be charged.

Article 4: Conclusion of the online contract

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place the order:; Information on the essential characteristics of the Product; Choice of the Product and, where applicable, of its options - Indication of the Customer's essential contact details (identification, e-mail, address, etc.); Acceptance of these General Conditions of Sale; Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with the confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or of canceling his order. The confirmation of the order implies the formation of this contract. Then follow the instructions for payment, payment for the products and delivery of the order. The Customer will receive confirmation of payment for the order by e-mail, as well as an acknowledgment of receipt confirming this. He will receive a pdf copy of these general conditions of sale.

During the ordering process, the customer will have the opportunity to identify and correct any errors made during data entry. The language offered for the conclusion of the contract is French.

The conditions of the offer and the general conditions of sale are sent to the Buyer by e-mail when ordering and are archived on the Seller's website. If necessary, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the "attached rules" section of these GCS, which can be consulted on the Seller's website.

The archiving of communications, of the order, of the details of the order and of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information can be presented as proof of the contract.

For delivered products, delivery is made to the address indicated by the customer. In order to correctly execute the order, the Customer undertakes to provide true identification data. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods and services and their respective prices, as well as, where applicable, the method of use of the product, are made available to the Buyer on the Company's websites. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and provision of services before the conclusion of the contract. sales agreement. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is the price indicated on the day of the order, it does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sale process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, the delivery dates of the products are clearly indicated on the presentation page of the product. The Customer certifies having received the details of the delivery costs, as well as the conditions of payment, delivery and performance of the contract, as well as detailed information on the identity of the Seller, his postal, telephone and electronic contact details, and his activities in connection with this sale. The Seller undertakes to execute the Customer's order only within the limits of the available stocks of the Products. Failing this, the Seller will inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller will reimburse the Customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered in the case of a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted herein are granted only to the natural person signing the order (or to the person holding the email address provided).

Section 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale under these GCS comply with the regulations in force relating to the safety and health of persons, loyalty commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for defects of conformity and hidden defects of the product.

Pursuant to article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been carried out under his responsibility within the framework of the contract or has been carried out under his responsibility.

In accordance with the legal provisions on conformity and hidden defects (art. 1641 of the Civil Code), the Seller will refund or exchange defective products or products that do not correspond to the order. The refund can be requested as follows: by contacting the seller by email at info@benione.fr.

Article 7: Retention of title clause

The products remain the property of the company until full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address indicated at the time of the order and within the delivery times indicated. These deadlines do not take into account the preparation time of the order. In case of late delivery, please contact the seller directly by email at info@benione.fr. In the event of late delivery, the Customer may terminate the contract under the conditions defined in Article L 138-2 of the Consumer Code. The Seller will then reimburse the product and the "departure" costs under the conditions of article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email for order follow-up. The Seller reminds the Customer that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

In the event of unavailability of an article for a period of more than 50 working days, the Customer is immediately informed of the expected delivery time and may cancel the order for this article on simple request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment must be made immediately after placing the order, even in the case of pre-ordered products. The customer can pay by credit card or Paypal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the customer, the transaction is debited immediately after verification of the information. In accordance with the provisions of the monetary and financial code, the commitment to pay by card is irrevocable. By communicating his bank details during the sale, the Customer authorizes the Seller to debit his card for the amount of the price indicated. The customer confirms that he is the legal holder of the card to be debited and that he is legally authorized to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately canceled as of right and the order is cancelled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw, without giving any reason, within fourteen (14) days from the date of receipt of his order.

The right of withdrawal can be exercised by contacting the company as follows: by email at info@benione.fr. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the cost of returning the product(s) being borne by the Customer. Products must be returned in their original condition and complete (packaging, accessories); they must be accompanied, if possible, by a copy of the proof of purchase.

Article 12: Warranties

In accordance with the law, the Seller assumes the following guarantees: conformity and hidden defects of the products. The seller reimburses the buyer or exchanges the products which prove to be defective or which do not correspond to the order placed. The refund request must be made as follows: by e-mail to info@benione.fr. The Seller reminds that the consumer: has a period of 2 years from the delivery of the goods to act with the Seller; that he can choose between the replacement or the repair of the good under the conditions provided for by the provisions mentioned above. that the consumer can also invoke the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the civil code).

Article 13: Complaints and mediation

If necessary, the Purchaser may make any complaint by contacting the company at the following address: info@benione.fr.

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator terence.moulin@live.fr who will attempt, independently, to bring the parties together in order to reach an amicable solution.

Article 14: Termination of the contract

The order may be canceled by the buyer by registered letter with acknowledgment of receipt in the following cases: - the delivery of a product that does not comply with the characteristics of the order; - delivery outside the period fixed when ordering or, failing that date, within thirty days of payment; - an unjustified price increase or modification of the product. In these cases, the buyer may request reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. These T&Cs do not imply any transfer of intellectual property rights. Total or partial reproduction, modification or use of these products for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance by the Seller of its obligations under these GCS is suspended in the event of a fortuitous event or force majeure preventing its performance. The Seller will inform the Customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If one of the stipulations of this contract is null, this nullity does not lead to the nullity of the other stipulations which remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

Article 18: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller processes personal data for the purposes of the sale and delivery of the products and services defined in this contract. The Buyer is informed of the following:

- the identity and contact details of the data controller and, where applicable, of the representative of the data controller: the Seller, as indicated at the start of these GCS.

- the contact details of the data protection officer

- the legal basis of the processing

the recipients or categories of recipients of the personal data, where applicable, the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, deliveries and orders, the subcontractors processors involved in the delivery and sale operations and any authority legally empowered to access the personal data concerned.

- no transfer outside the EU is envisaged

- the data retention period: the duration of the commercial limitation period

- the data subject has the right to request from the data controller access to personal data, their rectification or erasure, or the limitation of the processing which concerns them, or the right to oppose the processing and portability Datas

- the data subject has the right to lodge a complaint with a supervisory authority

- the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be executed. No automated decisions or profiling are made during the ordering process.

Article 18b: Applicable law and clauses

All the clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, are subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

Article 19: Consumer information

For the information of consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.

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

In the case provided for in article 1642-1, the action must be brought, on pain of exclusion, within one year from the date on which the seller can be released from the defects or lack of apparent compliance.

Article L. 217-4 of the Consumer Code : The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code : The good complies with the contract:

1° If it is specific to the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and presents the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any particular use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L. 217-12 of the Consumer Code : The limitation period for the lack of conformity is two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code : When the buyer asks the seller, during the course of the commercial guarantee granted to him during the purchase or repair of movable property, to carry out a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

GENERAL CONDITIONS OF USE

A.INTRODUCTION

The privacy of visitors to our website is very important to us and we are committed to protecting it. This policy explains what we do with your personal information.

Consenting to our use of cookies in accordance with the terms of this policy when you first visit our website enables us to use cookies each time you visit our website.

B. HOW WE COLLECT YOUR PERSONAL DATA

The following types of personal information may be collected, stored and used:

Information about your computer, including your IP address, geographic location, browser type and version, and operating system.

Information about your visits to and use of this website, including referral source, length of visit, pages visited and website navigation routes.

Information you enter when registering on our website, such as your email address.

Information you enter when you create a profile on our website. For example, your name, profile pictures, gender, date of birth, marital status, interests and hobbies, education and employment.

Information you enter to subscribe to our emails and/or newsletters. Information generated when you use our website, including when, how often and under what circumstances you use it.

Information about anything you buy, services you use, or transactions you make on our website, including your name, address, phone number, email address, and credit card details. Information that you post to our website with the intention of publishing it on the Internet Any other personal information that you submit to us.

Use of personal information

Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website. We may use your personal information for the following purposes:

• - Administer our website and business
• -To personalize our website for you
• -Allow the use of the services available on our website
• - Shipping of products purchased through our website
• -Provide services purchased through our website
• -Send statements, invoices and payment reminders and collect corresponding payments
• -Send marketing communications
• -Send email notifications that you have specifically requested.
• -Send our newsletter by email if you are subscribed to it (you can unsubscribe at any time).
• -Send marketing communications related to our business or that of third parties which we consider may be of interest to you.
• -Provide third parties with statistical information about our users.
• - To manage queries and complaints made by or about you in relation to our website.
• -Maintain the security of our website and prevent fraud
• -Check compliance with the terms and conditions that govern the use of our website.
• -Other uses.

If you submit personal information for publication on our website, we will publish and use that information in accordance with the license you grant to us.

Your privacy settings are used to limit the publication of your information on our website and adjusted information about the use of privacy controls on the website.

We will not, without your express consent, provide you with any personal information to any third party for direct marketing or that of another third party.

C. DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information to our employees, officers, insurers, professional advisers, agents, suppliers or contractors as reasonably necessary for the purposes set out in this policy. We may disclose your personal information to any member of our corporate group (i.e., our affiliates, our ultimate holding company and any of its affiliates) as reasonably necessary for the stated purposes. in this policy. We may disclose your personal information:

As required by law and in connection with any pending or future legal proceedings to establish, exercise or defend our legal rights (including providing information to third parties for fraud prevention and risk reduction credit) to the purchaser (or potential purchaser) of any business or asset that we are selling (or considering selling) and to anyone who we have reasonable grounds to believe may apply to a court or other competent authority to disclose such personal information if, in our reasonable opinion, such court or authority is likely to order disclosure of such personal information.

Except as provided in this policy, we will not disclose your personal information to third parties.

D. INTERNATIONAL DATA TRANSFERS

The information we collect may be stored, processed and transferred between the countries in which we operate to enable us to use that information in accordance with this policy.

Information we collect may be transferred to the following countries which do not have data protection laws equivalent to those in the European Economic Area: United States of America, Russia, Japan, China and India.

Personal information that you post on our website or submit for publication on our website may be available on the Internet around the world. We cannot prevent the use or misuse of this information by third parties.

You expressly consent to the transfers of personal information described in this section

E. STORAGE OF PERSONAL INFORMATION

This Section G sets out our data retention policies and procedures, which are designed to help us ensure that we comply with our legal retention and retention obligations. deletion of personal information.

Personal information that we process for any purpose will not be kept longer than necessary for that purpose or those purposes.

F. DATA DELETION

We will generally delete personal data corresponding to the categories indicated below on the date / time specified:

The type of personal data will be deleted on 31/12/2019 at 0:00;

01/01/2020 at 00:00.

Without prejudice to the other provisions of this Section G, we will retain records (including electronic records) containing personal data to the extent that we are required by law to do so;

If we believe the recordings may be relevant to any pending or future legal proceedings and to establish, exercise or defend our legal rights (including providing information to third parties to prevent fraud and reduce credit risk).

G. SECURITY OF YOUR PERSONAL INFORMATION

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will store all personal information you provide to us on our secure servers (password and firewall protected).

All electronic financial transactions conducted through our website will be protected by encryption technology.

You acknowledge that the transmission of information over the Internet is inherently insecure and that we cannot guarantee the security of data sent over the Internet.

You are responsible for maintaining the confidentiality of the password you use to access our website. We will not ask you for your password (except when you log in to our website).

H. CHANGES

We may update this policy from time to time by posting a new version on our website. You should check this page from time to time to ensure that you understand any changes to this policy. We may notify you of changes to this policy by email or private messages on our website.

I. YOUR RIGHTS

You may ask us to provide you with any personal information we hold about you, subject to the following.

Payment of a €20 application fee and if you provide appropriate proof of identity for this purpose, we will normally accept a notarized photocopy of your passport and an original copy of an invoice showing your current address.

We may retain personal information that you request to the extent permitted by law.

You can ask us at any time not to process your personal data for marketing purposes.

In practice, you expressly consent in advance to us using your personal information for marketing purposes, or we give you the opportunity to choose not to use your personal information for marketing purposes.

J. THIRD-PARTY WEBSITES

Our website includes links and details on third party websites. We have no control and are not responsible for the privacy policies and practices of third parties.

K. UPDATING OF INFORMATION

Please let us know if the personal information we hold about you needs to be corrected or updated.

L. COOKIES

Our website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a browser and stored by it. The identifier is sent back to the server each time the browser requests a page from the server. Cookies can be "persistent" or "session": a persistent cookie is stored by a web browser and remains valid until its set expiry date, unless the user deletes it before that date; A session cookie, on the other hand, expires at the end of the user's session, when the web browser is closed. Cookies generally do not contain personally identifiable information about a user, but the personal information we store about you may be linked to information stored in and obtained from cookies. On our website, we use session cookies only / persistent cookies only / session cookies and persistent cookies.

Below are the names of the cookies we use on our website and the purposes for which they are used:

-Google Analytics and Adwords on our website to recognize a computer when a user visits the website / track its users while browsing the website. / enable the use of a shopping cart on the website / improve website usability / analyze website usage / manage the website / prevent fraud / improve website security and personalization of the website for each user / target advertisements that may be of particular interest to certain users;

Most browsers allow, for example, to refuse cookies: a.

In Internet Explorer (version 10), you can block cookies through the cookie management settings available by clicking "Tools", "Internet Options", "Privacy", then "Advanced";

In Firefox (version 24), you can block all cookies by clicking 'Tools', 'Options', 'Privacy', selecting 'Use custom settings for history' from the drop-down menu and unchecking 'Accept cookies'. cookies from the sites "; and

In Chrome (version 29), you can block all cookies by going to the “Customize and control” menu, then clicking on “Settings”, “Show advanced settings” and “Content settings”, then selecting “Block sites so that they do not give any data "into" cookies.

Blocking all cookies will have a negative impact on the usability of many websites. If you block cookies, you will not be able to use all the functions of our website.

For example, you can delete cookies already stored on your computer: a.

In Internet Explorer (version 10) you must manually delete cookie files (instructions on this are available at https://support.microsoft.com/kb/278835) in Firefox (version 24) you can delete cookies cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", "Show cookies", then "Delete all cookies" and in Chrome (version 29) , you can delete all cookies by going to the “Customize and control” menu, then clicking on “Settings”, “Show advanced settings” and “Clear browsing data”, then selecting “Clear cookies and other site data and plugins” before clicking on “Clear browsing data”.

Deleting cookies will have a negative impact on the usability of many websites.

M. HYPERLINKS

The https://benione.fr site may offer links to other websites or other resources available on the Internet. BENIONE.FR has no way of controlling the sites linked to its websites. Our Benione online store does not respond to the availability of such external sites and sources, nor does it guarantee it.

ALLORNOTHING is not responsible for damages, whatever their nature, resulting from the content of these sites or external sources and, in particular, from the information, products or services they offer, or from the use that may be made of these elements. The risks associated with this use are entirely the responsibility of the Internet user, who must respect his conditions of use. Users, subscribers and visitors to benione's websites may not establish a hypertext link to this site without the express prior authorization of benione. In the event that a user or visitor wishes to set up a hyperlink to one of benione's websites, he must go to an email accessible on the site to formulate his request to set up a hyperlink. Our team reserves the right to accept or refuse a hyperlink without having to justify its decision.