Term and conditions

General Terms and Conditions of Sale 

1. The Website

2. Products

3. Prices and Payment

4. Order Terms and Conditions

5. Delivery

6. Withdrawal Right

7. Protection of Personal Data

8. Cookies

9. Force Majeure

10. Severability

11. Whole Agreement

12. Applicable Law

 

The General Conditions of Sale set out below must be read carefully and duly accepted before any orders are placed on the www.katebenji.fr website. Any orders made are subject to these General Conditions of Sale.

 

1. The Website

The www.katebenji.fr / E Boutique website (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at www.katebenji.fr. It is open to all Internet users (hereinafter, the "Internet User"). It is produced by KATE BENJI (hereinafter " KATE BENJI ".

 

The Website enables KATE BENJI to place the KATE BENJI cosmetics (hereinafter the "Products") on sale to Internet Users who visit the Website (hereinafter the "Website Users"). For the application of these General Conditions of Sale, it is agreed that the Website User and KATE BENJI shall be jointly referred to as the "Parties" and individually referred to as a "Party" and that Website Users who have validated an order shall be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers.

 

Products are intended for the personal use of Website Users, in no direct relation to their professional activity. In this respect, Website Users should note that the same Website User may only order a maximum of three (3) products with the same reference during a single sale and over a period of one (1) month from the initial order. If the order exceeds the aforementioned amount and/or number, the order shall be deemed invalid.

 

The orders for which a P.O box delivery address has been chosen cannot be proceeded. Website Users who wish to purchase via the Website declare that they have the full legal capacity and are aged 18 or over.

 

All orders for Products offered on the Website imply the consultation and express acceptance without any exception of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature.

 

In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts, the recording, and validation of the order form, as specified in Paragraph 4 "Order Terms and Conditions" below, constitutes the placing of order between KATE BENJI and Website Users for the purchase of the ordered Products.

 

The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arise from the online sale of the Products offered on the Website from France, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website.

 

These General Conditions of Sale determine all the steps required to place an order, as described in Paragraph 4 "Order Terms and Conditions" and ensure the follow-up of said order between the parties.

The General Conditions of Sale in force may be consulted at any time by clicking on the link.

KATE BENJI may update these General Conditions of Sale at any time.

These General Conditions of Sale apply to the exclusion of all other documents.

 

2.Products

The Products KATE BENJI offers for sale are those listed on the Website under the section E-Boutique, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1.

 

While every effort is made to ensure that the very shade of the KATE BENJI products for which photos are displayed on www.katebenji.com is an accurate representation of the original products, slight variations may occur, in particular, due to technical limitations in reproducing color using information technology.

 

Consequently, KATE BENJI may not be held liable for slight chromatic inaccuracies in photographs or graphics showing KATE BENJI products that are presented on www.katebenji.fr

 

Product Availability

Products are offered subject to availability. If a Product is not available, Website Users shall be informed thereof as soon as possible. Such information may be provided to the Website Users:

 

-when placing their orders: a selection of Products presented on the KATE BENJI website may be bought online. The Products that cannot be bought online are available through KATE BENJI retailers/distributors.

 

- following the validation of their order: prior to delivery, via e-mail.

If a Product's unavailability is discovered after order validation, Purchasers shall have the option of canceling their order by requesting either the reimbursement of the amounts paid within a maximum of fourteen (3) days after being debited or exchanging the unavailable Product(s), by sending an e-mail request to hello@katebenji.fr

 

No substitute product will be sent to replace the unavailable product.

Should a product be unavailable, KATE BENJI will reimburse Purchasers within a maximum of fourteen (14)  days beginning with the day after the expiry of the period for performance of the contract. The period for performance of the contract is fourteen (14) days beginning with the day after the day on which the Purchaser placed their order.

 

Retention of title

The Products ordered shall remain the property of KATE BENJI until full receipt of the price including commission, taxes, and transportation cost by KATE BENJI. If there is a payment incident or in the event of incomplete or partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the   Products received to KATE BENJI at the latter's first request.

On the effective date of delivery, the risks (in particular of theft or damage) concerning the Products delivered are transferred to the Purchaser.

 

3.Prices and Payment

The prices given do not include the delivery costs, which will be invoiced in addition and specified to Website Users before the order is confirmed and when the order is definitively validated.

 

The Website User accepts KATE BENJI 's right to modify its prices at any time, however, the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website unless there is a typographical error.

 

Payment

You may pay using a credit/debit card or bank transfer. You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorize payment to us, whether, in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

For alternative options, please call our customer service team at

Email: hello@katebenji.fr

 

Unless the server is unavailable, Website Users should pay with a credit card (Visa, MasterCard): data is encrypted using 3 D Secure technology Website Users will enter: their card number, the expiry date, the name of cardholder, and the 3-digit safety code* on the back of the card.

Banking transactions will be carried out in a secure manner by the HSBC banking group.

KATE BENJI reserves the right to refuse all orders or deliveries if the limits stated in Section 1 above are exceeded, if there is an existing dispute with the Purchaser, in the event of total or partial failure to pay for a previous order by the Purchaser if credit card payment authorization is refused by the banking organizations, or in the event of total or partial failure to pay.

 

As part of the fight against online fraud, information concerning orders will be checked by KATE BENJI 's designated payment partner: the HSBC banking group.

 

In case of bank transfers, after making the deposit on the account below, please send us a copy of the bank transfer by email at hello@katebenji.fr.

 

4.Order Terms and Conditions

Navigation within the Website

Website Users may discover the various Products marketed by KATE BENJI on www.katebenji.fr under the E-Boutique section. Website Users may freely consult the various pages of the Website, with no commitment to ordering.

 

Recording of an order

If a Website User wishes to place an order, he/she will choose the various Products that are of interest,  and confirm said interest by clicking on the "Checkout" / “PAY” button.  Each additional item added to the shopping bag will be shown by the appearance of a specific screen.

 

Website Users may at any time:

- obtain a summary of the Products they have selected or modify their order, by clicking on the button   "Item", which is accessible on the top right of each page,

- continue to select Products by clicking on "Continue shopping",

- complete their selection of Products and order them by clicking on "Checkout".

To order the Products selected, Website Users will click on the "Item" icon. An order then appears on the screen. If the list presented corresponds to the Products they have chosen, Website Users will validate the selection by clicking on "Checkout ".

 

Website Users then have to identify themselves:

- either by entering their e-mail address and password

- or by accurately filling out the form provided, which contains information needed to identify them,  including the Website User's surname, first name, and postal address.

 

Website Users are informed and accept that entering a user name constitutes proof of their identity and

evidences their consent.

 

Once Website Users have identified themselves, an order form appears on the screen, which summarises: the type, quantities, and prices of the Products selected by the Website User, the delivery costs, the order total, the Website User's details, and the delivery address for the Products.

 

Definitive validation of orders

Website Users must tick the "I accept the Terms and Conditions" box before being able to choose the payment method shown on the same page. When paying with their credit card, Website Users validate this page by clicking on "Credit Card". Website Users are then requested to enter their credit card details.

Orders are validated after the input of card information of the secure pages of KATE BENJI 's designated payment partner: HSBC banking group.

 

Confirmation of orders

Once Purchasers have validated their order and payment, an order confirmation is displayed bearing a transaction number. This confirmation is also sent to Purchasers in the order confirmation e-mail. Said confirmation includes all the components of the contract formed between the Parties including the goods ordered, payment arrangements, delivery arrangements, and information regarding the Purchaser's right to cancel its order and the geographical place of business of the KATE BENJI to which the Purchaser may address any complaint. The Purchaser is advised also to keep a copy (electronic or printed) of the information concerning the Purchaser's order.

When the order is prepared and despatched, a despatch confirmation e-mail is also sent to the Purchaser.

The data recorded by the Website constitutes proof of all the transactions concluded between KATE BENJI and the Purchaser. In the event of a dispute between KATE BENJI and the Purchaser on a transaction carried out on the Website, the data recorded by KATE BENJI shall be deemed irrefutable proof of the contents of the

transaction.

KATE BENJI shall retain a written record of the contract concluded between KATE BENJI and the Purchaser in electronic form, during a period of time that runs from the conclusion of the contract until the delivery date of the goods and for a period of ten years thereafter. The Purchaser is entitled to access this written record at any time, by making a request to hello@katebenji.fr, and attaching proof of identity.

 5: Delivery

Delivery terms and conditions

Products are made in France. In any event, orders are despatched at the latest thirty (5) working days from the day following the validation of an order by a Website User.

 

The Products ordered by a Purchaser will be delivered to the address stated by the Purchaser on the order form. The Purchaser undertakes to supply the exact address of his/her permanent address when placing the order for the Products.

 

KATE BENJI offers a range of 2 delivery options for online orders:

Standard Delivery (up to 2-8 working days)

Express Delivery (up to 1-4 working days)

KATE BENJI will not deliver to PO Box addresses.

 

Please note that deliveries outside of France may be subject to customs, regulatory or legal restrictions. To comply with local legislation, you or the shipping recipient may be required to pay additional taxes, fees, or levies, import duty or formal customs entry may apply to all products purchased from KATE BENJI. We are unable to offer any assistance or advice if either issue arises.

 

Delivery problems

If a delivery is late, the Purchaser must inform KATE BENJI as soon as possible, by e-mail sent to hello@katebenji.fr. KATE BENJI shall then contact the appointed carrier in order to initiate an inquiry. Inquiries may take some time.

Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to KATE BENJI, by e-mail sent to hello@katebenji.fr  specifying which product does not match the order.

 

Returns Policy

At KATE BENJI,  we follow stringent quality control guidelines and we pack your products with extra care to ensure they reach you in optimal condition. However if for any reason, you are not happy with the product you have ordered from us you can return it within 3 days of receiving it for a full refund (this excludes any postage charges). To make sure we can process your return and refund as quickly as possible, please follow this procedure:

 

I. Notify us of your intention to return

Please email us at hello@katebenji.fr to notify us of your intention to return making sure to include your invoice number as well as a full explanation of your reason for returning the goods.

Please also tell us whether you would like an alternative product, a replacement, or a refund. Please note that any returns which are received without prior notice will incur a delay in processing time.

 

II. Post The Item To Us

To qualify for a full refund, any products being returned must be in their original packaging, and should not be used. Please enclose your invoice with your package and use sturdy packaging to secure the parcel. Please post your item to us by paying the appropriate shipping costs. We recommend that you use recorded delivery that requires a signature. Please also request proof of postage. Without this, you will be unable to make a claim, should the parcel go missing.

Please note that we will not be liable for any lost return packages and we will only reimburse the purchase cost of the products. Shipping fees will not be reimbursed to you unless the item is found to be faulty.

 

6.Return Right

The Purchaser cannot cancel paid order but the purchaser can return the purchased item(s) within the Return Period (as defined below) give notice of return to KATE BENJI. Such notice of cancellation is a notice in emailing to hello@katebenji.fr indicating the Purchaser's intention to return the item(s).

The Return Period is the period commencing with the day on which the order is received and ending on the expiry of the period of three working days beginning with the day after the day on which the Purchaser receives the goods.

 

The right of return can only be exercised by the Purchaser and not by a third party. Products must be returned accompanied by a copy of the invoice and delivery note by the appointed carrier using standard delivery.

Product(s) with which the Purchaser is not satisfied

Where a Purchaser exercises its right of return, the Product(s) must be returned in their original form and packaging, complete and accompanied by the copy of the invoice and delivery note. With the exception of non-compliant Products, the cost of returning Product(s) shall be paid by the Purchaser. Where the Purchaser fails to return any Product the direct cost of recovery of that Product by KATE BENJI shall be borne by the Purchaser.

 

KATE BENJI does not accept parcels with carriage due.

On exercise of its right of cancellation, the Purchaser shall return the Product(s) to KATE BENJI and in the meanwhile retain possession of the Product(s) and take reasonable care of them.

 

All reasonable risks linked to the return of Product(s) shall be assumed by the Consumer.

 

If the aforementioned conditions are fulfilled, KATE BENJI will reimburse the Purchaser within a maximum of fourteen (14) days beginning with the day on which the notice of cancellation was given, for the amounts that correspond to the Product(s) purchased.

 

Non-compliant Product(s)

"Non-compliant products" shall only include products that have been sent by KATE BENJI by error or defective products.

 

All non-compliant Products must be returned to KATE BENJI within 14 working days following the day of receipt, in their original form and packaging, accompanied by the copy of the invoice and delivery note Carriage costs will be borne by KATE BENJI in the event that the decision to return Product(s) results from an error made by KATE BENJI.

 

Upon receipt by KATE BENJI of Product(s) that are presumed to be non-compliant, KATE BENJI will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by KATE BENJI, KATE BENJI will exchange or reimburse the defective or missing Product(s). In the case of reimbursement of Product(s), the Purchaser will be reimbursed within fourteen (14) days following the day of such confirmation, for the amounts that correspond to the price(s) of the Product(s) acquired, as well as the return costs incurred.

 7.Protection of Personal Data

Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, as well as for preparing invoices. Such personal information is strictly confidential. Failing to provide such personal information entails automatic order rejection.

In accordance with the French Law Chapter 486, Personal Data (PRIVACY) Ordinance on information technology, files, and freedoms, the processing of personal information collected on the Website has been declared to Office of the Privacy Commissioner for Personal Data Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to :

 

KATE BENJI also outlines the security measures taken by KATE BENJI to protect the Purchaser's details once the Purchaser has given such details to KATE BENJI. The Purchaser can then make informed choices about the personal information he provides on this website.

 

8.Cookies

The Website uses cookies. Cookies are electronic files that are stored on the hard drive of the Website User's computer. The purpose of cookies is to indicate previous visits to the Website by Website Users. Cookies are only used by KATE BENJI for the purpose of personalizing the service offered to Website Users.

 

9.Force Majeure

Neither Party shall be liable for the total or partial non-performance or a delay in performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event).

Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of the Internet, technical failures, unauthorized access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure.

 

If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event.

 

The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of filling orders during the occurrence of a Force Majeure Event of vis major.

 

After one (1) month of interruption due to a Force Majeure Event, KATE BENJI may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable.

 

10. Severability

If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.

 

11.Whole Agreement

These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties.

 

In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.

 

12.Applicable Law

These General Conditions of Sale and the contractual relations between KATE BENJI and the Purchaser shall exclusively be governed by the EU laws.

 

i. Intellectual Property Rights

All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of KATE BENJI is protected by International copyright laws. The compilation of all content on this Site is the exclusive property of KATE BENJI and protected by international copyright laws. The trademarks, logos, and service marks displayed on the Site are the registered and unregistered marks of KATE BENJI.

 

Neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of KATE BENJI.

 

2. Card Verification Code

The Card Verification Code, or CVC*, is an extra code printed on your debit or credit card. With American Express the CVC appears as a separate 4-digit code printed on the front of your card. With all other cards (Visa, MasterCard, bank cards, etc.) it is the final three digits of the number printed on the signature strip on the reverse of your card. As the CVC is not embossed (like the card number), the CVC is not printed on any receipts, hence it is not likely to be known by anyone other than the actual card owner.

We ask you to fill out the CVC here to verify beyond any doubt that you actually hold the card you are using for this transaction and to avoid anyone other than you from shopping with your card number. All information you submit is transferred over secure SSL connections.

 

The name of this code differs per card company. You may also know it as the Card Verification Value (CVV), the Card Security Code, or the Personal Security Code. All names cover the same type of information.

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