Selling policy

Current version: October 2019

The Benaga company offers for sale and sells fashion products on its website

The purpose of these general terms and conditions of sale is to determine the terms and conditions of the sale concluded between the Benaga company and the consumer customer, as well as to inform said consumer customer of all his rights under the Consumer Code.

If you have any questions or requests, please contact the Company by telephone at 0389459941, by e-mail at [email protected], or by post at 4 avenue de Strasbourg - Cellule A1 - 68350 DIDENHEIM.

Concerning aspects relating to personal data and cookies, Benaga invites you to consult the following documentation, available at all times on the website:

Article 1: Identity of the seller and website publisher :

Vendor of the products and publisher of the website: Benaga, a société par actions simplifiée (simplified joint stock company) with a single shareholder and a capital of 1,000 euros, whose registered office is located at 15, rue Victor Schœlcher, in Mulhouse (68100), registered in the Mulhouse Trade and Companies Register under number 832 236 228 (hereinafter, the "Company").

  • -
  • VAT: FR88832236228 -
  • Telephone number: 0389459941 -
  • The publication director is Mrs Beryl Stroup. -
  • The site (the "Site") is hosted by CTS Computers and telecomunications systems, headquartered at 130 av du président Wilson - 93100 MONTRE UIL -
  • Site design: S2i Evolution

Article 2: Application of the general terms and conditions of sale :

These general conditions of sale (the "GCS") apply to any purchase of products or services made by a consumer, i.e. an individual not acting for professional purposes, (the "Customer") on the Site.

In the event of a purchase made by a professional or non-professional customer within the meaning of the preliminary article of the French Consumer Code, it is expressly agreed that the sales contract will be concluded under the same conditions as those stipulated in these GTS, excluding all provisions arising from or relating to the French Consumer Code, which are not applicable in this relationship between professionals (including, in particular, the right of withdrawal and recourse to the consumer ombudsman).

By ticking the box indicating acceptance of the GCS when placing an order and/or creating a customer account (the "Customer Account"), the Customer declares that he/she has read, understood and accepted the GCS without reservation. If necessary, the General Terms and Conditions of Sale may be included in the order confirmation e-mail.

Article 3: Site accessibility :

The Site is made available "as is", and the Customer uses it at his own expense. The Company makes every effort to ensure that the Site is accessible 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions, in particular for maintenance and/or security purposes, or in the event of force majeure. In no event will the Company be liable for any damages whatsoever resulting from the Site's unavailability. The Company does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this respect, it may freely determine, at its sole discretion, any period of unavailability of the Site or its content. Nor can the Company be held responsible for data transmission, connection or network unavailability problems.

The Company reserves the right to make changes to the Site.

Article 4 : Prices :

Prices shown on the Site are quoted in euros, inclusive of all taxes, on the basis of the VAT in force in France, excluding delivery charges. Any order delivered outside mainland France may be subject to local taxes, customs duties, octroi de mer and customs clearance fees upon delivery, as well as bank charges. The customer declares that he/she is aware of these aspects, and that he/she is fully responsible for paying them.

The Company reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the rates in force at the time of order registration and payment, subject to availability.

Article 5 : Customer account :

Prior to or at the same time as placing an order on the Site, the Customer may create a customer account by completing the form available for this purpose on the Site and ticking the box relating to acceptance of the GTC, failing which the customer account cannot be created.

The customer account details the Customer's personal information and order history.

It is the Customer's responsibility to take all useful and necessary measures to maintain the confidentiality and security of his/her login and password. The Customer must immediately change his/her password if it has been lost, stolen, used without authorization, corrupted or if he/she has reason to believe that it has been corrupted. In any event, the Customer is fully responsible for all activities carried out via his/her account on the Site, notwithstanding fraudulent use by a third party.

By creating a customer account, the Customer declares and warrants to the Company that he/she is of legal age and has the legal capacity to contract.

The Customer may delete his/her customer account at any time, directly on the dedicated page of his/her account or by contacting the Company.

Article 6: Product availability :

The Products offered for sale on the Site are in limited quantities. They are therefore offered for sale while stocks last.

Indications of availability are updated automatically in real time. However, the Company shall not be held liable for any error in updating, regardless of its origin.

The Company takes the utmost care in the presentation and description of its Products. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

The Customer is also informed that it is possible that, following an order, he/she may receive a Product previously returned by another customer.

In the event of unavailability of Products after the order has been registered, the Customer will be informed by e-mail or telephone as soon as possible, and will be offered either a change of model or a refund of the price of the Products within fourteen (14) calendar days from the date of payment of the sums concerned.

Article 7 : Order :

To place an order, the Customer selects a product and fills his/her basket by clicking on the "Add to basket" button. The "basket" tab is displayed, summarizing the desired order (model, quantity, product price and total price including VAT), and the Customer can proceed with the order by clicking on the "Order" button.

On the next page, the Customer enters (i) personal information, (ii) delivery address, (iii) delivery method and (iv) payment details. Throughout these forms, the customer's order is summarized in a box on the right-hand side of the page. Customers can modify their shopping baskets at any time, and identify any errors made when selecting products on the Site (the so-called "double-click" procedure).

Before validating the order, the Customer ensures, in particular, that he/she has provided accurate and complete information concerning the delivery address.

The Customer completes the order by ticking the box indicating acceptance of the General Terms and Conditions (mandatory), and then clicking on the "Order with payment obligation" box. By clicking on this box, the Customer makes a firm and definitive commitment to purchase the Products from the Company.

The Company reserves the right to refuse any order for legitimate reasons:

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  • When the quantities ordered are abnormally high or unusual for a single customer, -
  • In the event of fraud or attempted fraud by a Customer, -
  • In the event of a payment incident, -
  • In the event of a dispute with a Customer .

As part of the fight against fraud, the company may ask the customer to provide proof of identity, address and the means of payment used. In this case, your order will be processed upon receipt of these documents. In the absence of such proof, or in the event of receipt of proof deemed to be non-compliant, the order may be cancelled and the account blocked.

Once an order has been placed on our site, it cannot be cancelled or modified. Credit or gift codes are valid for one year from the date they are issued.

Article 8 : Payment :

The price is payable in full upon confirmation of the order by the Customer. The Customer may choose to pay by (i) bank card (CB, Visa, MasterCard), via, to date, the Banque Populaire's secure System Pay platform, or by (ii) PayPal, subject to having first created an account on the site and having logged in. Any payment made to the Company shall not be considered as a deposit.

The invoice will be sent to the Customer after receipt of the order amount.

Article 9 : Delivery :

9.1 : Delivery methods : delivery is made according to the delivery method chosen by the Customer when ordering on the Site, and delivery is made to the address given when the order was placed.

9.2 : Delivery time : The delivery time is a maximum of thirty (30) days following the order, unless otherwise stipulated on the Site page concerning the Product ordered.

Delivery charges and, where applicable, delivery times are indicated on the order summary before the order is registered, and the amount of the charges depends on the content of the order (quantity ordered, place of delivery, speed of delivery, etc.).

In accordance with article L216-2 of the French Consumer Code, in the event of non-compliance with the delivery deadline, the Customer must instruct the Company in writing, using the contact details given in these GTC, to make the delivery within a reasonable additional period. If the Company has not delivered the product(s) ordered within this reasonable period, the Customer may cancel the sale by writing to the Company at the contact details given in article 1 of the GTCS. In this case, the price of the order will be reimbursed within fourteen (14) days of the date of cancellation.

9.3 : Risks and condition of the Product on receipt: The risks of loss and damage to the Product(s) ordered are transferred to the Customer when the Product(s) is (are) physically handed over to the Customer, unless delivery is entrusted to a carrier other than those proposed by the Company, in which case the risks are transferred on the date the Product is handed over to the said carrier.

In the event that the parcel is damaged or has been opened, or if the Customer has reason to believe that it has been opened, the Company recommends that the Customer refuses the parcel or writes precise and detailed reservations on the delivery note and reiterates these reservations by registered mail to the carrier within three (3) days of receipt of the said parcel. In the event that the carrier does not allow the Customer sufficient time to check the condition of the products delivered, the Customer has ten (10) days in which to lodge a protest.

In the event of a parcel duly delivered to the Customer being returned to the Company, for example in the event of the Customer's absence at the time of delivery, the Customer will be notified and the cost of a new shipment will be invoiced to the Customer in accordance with current rates.

For international deliveries outside the European Union, the customer may be required to pay customs duties.

Article 10 : Withdrawal :

In accordance with the French Consumer Code, the Customer has the right, without having to justify himself or herself or pay any penalty, to exercise his or her right of withdrawal from the products ordered on the Site within fourteen (14) calendar days from the date of receipt of the product(s) by the Customer or by a third party designated by him or her (the date shown on the carrier's receipt being taken as proof), by returning the form shown in these "Return Terms and Conditions" duly completed or any unambiguous statement expressing his or her wish to withdraw, either :

  • - By post to the following address
  • Hello Moon - 4 avenue de Strasbourg - Cellule A1 - 68350 DIDENHEIM -
  • By email to the following address: [email protected]

In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, lot or part.

For the customer's information, the above-mentioned delivery times are calculated in accordance with article L221-19 of the French Consumer Code.

Once the Customer has exercised his/her right of withdrawal, he/she must return the product(s) in new condition and in their original packaging, together with any accessories, instructions for use, documentation or labels, within fourteen (14) days of the date on which the withdrawal letter or e-mail is sent, and must bear the full cost of returning the product(s). The consumer is responsible for the products returned and their condition on arrival at our premises.

Only Products returned complete, in their original packaging, undamaged and in perfect condition for resale will be taken back. Any product that has been damaged, washed, worn or whose packaging has been damaged will not be reimbursed or exchanged. It is specified that, subject to article L221-28 of the French Consumer Code, customers may validly return garments they have tried on, provided that they have not damaged them or worn them more than necessary for the trial.

The Company undertakes to reimburse the Customer for the price of the products returned by crediting the bank card used for payment (or, at the Customer's request, by bank transfer, provided that this does not expose the Company to additional costs), within a maximum period of fourteen (14) days following the date of receipt of the Customer's decision to cancel. The Company reserves the right to defer this reimbursement until receipt of the Product or proof of shipment of the Product, i.e. any means enabling the shipment of the Product concerned to be justified to the Company without any possible dispute.

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for, essentially :

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  • Products made to the consumer's specifications or clearly personalized, -
  • Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection .
  • This applies in particular to underwear, socks, hair accessories and hats.

Article 11: Legal warranties :

The Company is liable for defects in product conformity, under the conditions of articles L. 211-4 et seq. and L. 217-7 et seq. of the French Consumer Code, and for hidden defects in the item sold, under the conditions of articles 1641 et seq. of the French Civil Code. These warranties are independent, where applicable, of any warranty provided by the manufacturer of the Products and of any commercial warranty provided by the Company and mentioned on the Site. To date, and unless otherwise stated on the Site, the Company does not offer a commercial warranty.

Such warranties may be invoked by contacting the Company.

The two legal warranties available to the Customer are as follows. The applicable articles of law are cited in the appendix to these GTS.

Legal warranty of conformity :

When the Customer acts under the legal warranty of conformity, he :

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  • Has a period of two months from delivery of the Product to take action, without having to prove that the defect existed prior to delivery; -
  • Can choose between repair or replacement of the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
  • - Is exempted from proving the existence of the lack of conformity of the good during the two months following delivery of the good .

Legal warranty against hidden defects on products sold:

The customer may invoke the legal warranty against hidden defects in the item sold (article 1641 of the French Civil Code). In this case, the Customer may choose between rescission of the sale or a reduction in the purchase price (article 1644 of the French Civil Code). This action must be brought by the purchaser within 2 years of discovery of the defect (article 1648 of the French Civil Code) and within a maximum of five years of delivery of the Product.

It is up to the Customer to establish that the defect existed prior to delivery of the Product and was not apparent at that time.

Article 12: Reservation of title :

Products ordered will remain the property of the Company until full payment of the price. Failure to pay in full may result in the Company reclaiming the goods, which will be returned immediately and delivered at the Customer's expense and risk. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction, as well as any damage that may be caused, remain the responsibility of the Customer.

Article 13 : Force majeure :

The Company's obligations will be suspended in the event of a force majeure event for as long as the circumstances giving rise to the force majeure event persist. Force majeure is understood in the sense traditionally retained by French jurisprudence.

Article 14: Intellectual property :

The use of the Site or the order of a Product does not confer on the Customer, under any circumstances, any right whatsoever over the trademarks, logos, distinctive signs, designs and more generally any content eligible for protection by an intellectual property right belonging to or operated by the Company.

Article 15: Modification of the GCS :

The Company reserves the right to modify its GCS. Any new order placed on the Site after the entry into force of the new version of the General Terms and Conditions of Sale shall imply full and complete acceptance thereof, it being noted that acceptance of the General Terms and Conditions of Sale must be reiterated with each order. If the Customer refuses to accept the new GTC, he/she will not be able to place a new order on the Site.

The GCS applicable to the order are those in force at the time of the order.

Article 16: Partial disability :

Should one or more stipulations of the GCS be deemed unlawful or invalid, such unlawfulness or invalidity shall not result in the unlawfulness or invalidity of the other stipulations of the GCS, which shall remain applicable.

Article 17: Anticipation :

The Company and the Customer exclude the application of article 1195 of the Civil Code concerning unforeseeability.

Article 18: Completeness :

These GCS constitute the entire agreement between the Company and the Customer concerning the subject matter hereof.

Article 19: Non-waiver :

The Company's failure to apply any of the provisions of the GCS, or its mere tolerance of any breach by the Customer, whether temporary or permanent, shall in no circumstances be deemed a waiver of the Company's rights.

Article 20: Applicable law :

The GCS and the relationship between the Customer and the Company are governed by French law to the exclusion of conflict of law rules, subject to the application of mandatory provisions of the law of the State where the Customer has his habitual residence if this is located within the territory of the European Union.

Article 21 : Jurisdiction :

Any dispute, claim or challenge relating to the formation, interpretation or performance of the GTCS and the order shall be submitted to the competent French courts.

Appendix: Applicable texts concerning legal guarantees

Concerning the guarantee of conformity :

  • - Article L217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
  • "
  • -
  • Article L217-5 of the French Consumer Code: "The good conforms to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;(b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
  • "
  • -
  • Article L217-7 of the French Consumer Code: "Conformity defects that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise .
  • For goods sold second-hand, this period is six months.
  • The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity." -
  • Article L217-8 of the French Consumer Code: "The buyer is entitled to demand that the good conforms to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The
  • same applies when the defect is due to materials supplied by the purchaser." -
  • Article L217-9 of the French Consumer Code: "In the event of a lack of conformity, the purchaser may choose between repair and replacement .
  • However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect.
  • He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer." -
  • Article L217-10 of the French Consumer Code: "If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use.
  • However, the sale may not be rescinded if the lack of conformity is minor." -
  • Article L217-11 of the French Consumer Code: "The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
  • These same provisions do not preclude the award of damages." -
  • Article L217-12 of the French Consumer Code: "Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
  • "
  • -
  • Article L217-13 of the French Consumer Code: "The provisions of the present section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law."

Articles relating to the warranty against latent defects:

  • - Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he known of them.
  • "
  • -
  • Article 1642 of the French Civil Code: "The seller is not bound by apparent defects of which the buyer has been able to convince himself." -
  • Article 1643 of the French Civil Code: "He is bound by hidden defects, even if he has not been aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
  • "
  • -
  • Article 1644 of the French Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
  • "
  • -
  • Article 1646 of the French Civil Code: "If the seller was unaware of the defects in the item, he will only be obliged to refund the price and reimburse the purchaser for the costs incurred by the sale." -
  • Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
  • (...)" -
  • Article 2232 of the French Civil Code: "Postponement of the starting point, suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose.

The first paragraph does not apply in the cases mentioned in articles 2226, 2227, 2233 and 2236, in the first paragraph of article 2241 and in article 2244. Nor does it apply to actions relating to personal status.