Terms and Conditions of Sale
Updated as of February 21, 2025
(the “Websites”) are published by Benda Bili, a French community-purpose simplified joint stock company (société à mission par actions simplifiée) with a share capital of €27,386.00, having its registered offices, registered with the Paris Trade and Companies Register under number, with intra-community VAT number (hereinafter “Benda Bili”).
I. SCOPE OF THE TERMS AND CONDITIONS OF SALE
The Websites are reserved for retail sales to private individuals acting for personal purposes (the “Customer(s)”). The Customer represents and guarantees that he/she is acting as the final consumer of the products ordered.
The terms and conditions of sale (the “ToS”) set forth below apply to and are fully part of all orders and sales of products and services placed via the Websites (the “Products”) with Benda Bili by the Customer.
The Customer must read the Terms and Conditions of Sale prior to placing any order (the “Order”), the Terms and Conditions of Sale being available on the Websites. Consequently, placing an Order shall entail the Customer’s full prior and unreserved acceptance of the ToS.
Benda Bili reserves the right to adapt or modify these ToS at any time. The version of the Tos that is applicable to a sale shall be the one appearing online on the Websites at the time of the Order.
II. WEBSITE INFORMATION AND ACCESSIBILITY
e-commerce websites owned and managed by Benda Bili.
The Websites are accessible to all users of the Internet network in principle 24 hours a day and 7 days a week, except in the event of interruption, whether scheduled or not, by Benda Bili or its service providers, for maintenance or security purposes and/or in an event of force majeure (as defined below). Benda Bili shall not be held liable for any loss whatsoever resulting from the unavailability of the Websites.
Benda Bili does not guarantee that the Websites will be free of anomalies, errors or bugs, nor that the Websites will function without breakdown or interruption. In this respect, Benda Bili may freely determine, at its sole discretion, any period of unavailability of the Websites or their content. Furthermore, Benda Bili shall not be held responsible for any data transmission, connection or network unavailability issues.
Benda Bili reserves the right to modify the Websites for any reason and in any manner whatsoever, without prior information of the Customer.
III. REGISTRATION ON THE WEBSITES
In order to place an Order, the Customer must first register on the Webites by creating an account containing the Customer’s details (the “Account”).
The Customer’s registration on the Websites shall be validated by Benda Bili after verification of the standard form completed by the Customer. The Customer shall receive a registration confirmation email.
When creating their Account, Customers must ensure that the information they provide is accurate and complete. They are subsequently required to keep their personal details up-to-date. They guarantee to Benda Bili that the details provided are their own and not those of a third party. In the event of fraud or error in the recipient’s contact details, Benda Bili shall in no case be held responsible, inter alia for the impossibility of delivering the Products.Customers can navigate between the Websites using the same login and password, enabling them to have a single customer account on both Websites. Each Customer undertakes to create only one (1) Account allowing him/her to access the Websites. In the alternative, Benda Bili reserves the right to delete any accounts in excess.
To make registration or connection to the Websites easier and faster, Customers may automatically pre-fill the registration form using the “Facebook Connect” option.
For further information about the protection of personal data when it is collected, processed and used, as well as the rights and optional settings to protect their privacy, Customers can consult Facebook’s privacy policies
By registering on the Website, the Customer represents and guarantees to Benda Bili that he/she is of legal age and has the legal capacity to enter into a contract.
Benda Bili may delete the Customer’s Account at any time, for any reason whatsoever, at its sole discretion, without incurring any liability in this respect.
IV. PRODUCTS
1. General rules applicable to the Products
Most of the Products are offered for sale on the Websites under the Sézane, Octobre Éditions and Petit Sézane trademarks, which belong to Benda Bili. Some Products may be the result of collaborations between Benda Bili and third parties, in particular the “Les Composantes” branded Products, which are the result of a collaboration between Benda Bili and La Poésie ( a French simplified joint stock company, registered with the Paris Trade and Companies Register under number and having its registered office
The Products shall be those offered and described on the Websites on the day the Customer consults the Websites, subject to availability. This information is updated automatically in real time. However, Benda Bili shall not be held liable for any update error, regardless of its cause. In this respect, Benda Bili shall not be held liable for the cancellation of an Order for a Product due to it being out of stock.
Benda Bili takes the utmost care in the presentation and description of its Products in order to provide Customers with the best possible information. However, it is possible that errors may appear on the Websites, which the Customer acknowledges and accepts.
Benda Bili does not guarantee the accuracy or security of information transmitted or obtained via the Websites. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in shall in no way be binding for Benda Bili. In particular, the photographs illustrating the Products may differ slightly from reality due to the settings on the Customer’s screen or the lighting when the photographs were made.
It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is specified that Benda Bili only accepts the return of Products that are intact and unworn, these two conditions being verified before the returned Products are put back into stock.
2. Additional rules applicable to Products customized by the Customer
Benda Bili offers the Customer the possibility of customizing certain Products by adding a word or phrase subject the terms indicated on the Websites (number of characters, colours, etc.).
However, it is not permitted to request the affixing of a text that is insulting, pornographic, defamatory, blasphemous, contains threatening messages or incites violence, violates the rights of third parties, in particular intellectual property rights, or contains third-party trademarks. It is also not permitted to affix a text containing the name or nickname of a famous, well-known or popular character.
Benda Bili reserves the right to refuse any name, word or phrase falling within the above-mentioned categories or transmitting a message deemed inappropriate, for any reason whatsoever and without providing any justification to the Customer. Benda Bili’s decision to refuse the text suggested by the Customer shall result in the cancellation of the Order.
The Customer hereby undertakes to indemnify Benda Bili against any and all costs, expenses, damages, losses and liabilities that may be incurred or suffered by Benda Bili as a result of the use of a name, word or phrase on the customized Product by the Customer.
The Customer hereby grants Benda Bili a global, non-exclusive, irrevocable, royalty-free and fully transferable to third parties right to use, reproduce and disclose names, words or phrases submitted by the Customer.
Benda Bili hereby reminds the Customer that customized Products may not be withdrawn in accordance with Article IX hereof.
3. Additional rules applicable to Archive Products
Under the “Archives” label, Benda Bili offers the sale of Products from previous years’ collections at reduced prices on its Websites (the “Archives”).
Archives are in principle organized seasonally by Benda Bili and the availability dates generally correspond to the end of the winter and summer seasons. Benda Bili shall be free to determine the dates and frequency of the Archives.
Inventories of Products sold as Archives are limited and are not subject to replenishment except in the case of Customer returns. Consequently, Benda Bili cannot guarantee the availability of said Products over a sustained period.
V. ORDERS
Orders placed on the Websites are subject to compliance with the procedure established by Benda Bili on the Websites, which comprises successive steps leading to validation of the Order.
The Customer may select as many Products as he/she wishes, within the limit of the ordinary needs of a consumer and within the limit of five (5) identical Products (same model, colour and size). These Products will be added to the basket (the “Basket”), which summarises the Products chosen by the Customer as well as the prices and charges relating thereto. Customers shall be free to modify their Basket before confirming their Orders. Validation of the Order shall constitute confirmation of the Customer’s acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated charges.
A confirmation e-mail summarising the Order (Product(s), price(s), availability of the Product(s), quantity, etc.) shall be sent to the Customer by Benda Bili. To this end, the Customer formally accepts the use of electronic mail for confirmation by Benda Bili of the content of his/her Order. Invoices will be available in the “my account” section of the Websites.
VI. REFUSAL TO PROCESS AN ORDER
Benda Bili reserves the right to withdraw at any time any Product displayed on the Websites and to replace or modify any content or information appearing thereon. Despite Benda Bili’s best efforts to satisfy its Customers’ expectations, Benda Bili may refuse to process an Order after having sent the Customer the confirmation e-mail summarising such Order.
Benda Bili shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Websites, or the replacement or modification of any content or information appearing on these Websites, or the refusal to process an Order after the confirmation email summarising the Order has been sent.
Benda Bili also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous Order, who has acted in breach of these ToS, in case of suspicious return of Products or generally, in the event of objective suspicion of fraud.
Benda Bili formally prohibits the use of its Websites for professional purposes, in particular with a view to purchase for resale on a professional basis. Consequently, Benda Bili reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered unusually exceeds the needs of a consumer.
VII. PRICES AND TERMS OF PAYMENT
The prices of the Products are indicated on the Websites in euros for Europe, in pounds sterling for the United Kingdom and in US dollars for the United States, in Swiss franc for Switzerland, and in Danish kroner (DKK) for Denmark, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier. For Switzerland, its will be borne by Benda Bili.
The prices charged for Archive Products are discounted to take account of their age. These discounts may increase if the Archive Products are the subject of successive sales.
All prices displayed are calculated and include value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
Benda Bili reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
Products shall be payable in cash when the Order is placed.
Payment for Orders shall be made either via Paypal, or via the secure platform of payment service provider ADYEN, or by gift card or credit note.
Paypal (Europe) S.à.r.l. et Cie is a Luxembourg partnership limited by shares (société en commandite par actions), registered with the Trade and Commercial Register of Luxembourg under number B118349, having its registered office . For further information, the Customer may refer to the following website
Adyen B.V. is a company registered in Amsterdam (The Netherlands) under number , having its registered office, The Netherlands. For any information, the Customer may refer to the following website
Benda Bili does not have access to its Customers’ payment data, which is transmitted directly to Paypal or ADYEN.
Upon each transaction, ADYEN and the banks of the issuer of the payment carry out an analysis of the transaction, in order to limit the risks of fraudulent behaviour. Following this analysis, certain Orders may be blocked. In this respect, Benda Bili shall not be held liable for any refusal to process an Order that has been blocked due to suspected fraud.
The Customer hereby expressly acknowledges that the provision of his/her bank card number when placing the Order shall entail authorisation to debit his/her account up to the price of the Products ordered. Where applicable, Benda Bili shall send the Customer notification of the cancellation of an Order due to non-payment, to the e-mail address provided by the Customer when registering on the Websites.
The data recorded and stored, excluding payment data, by Benda Bili, shall constitute proof of the Order and of all prior sales. The data recorded by Paypal or ADYEN shall constitute proof of any financial transaction between the Customer and Benda Bili.
Customers may pay for their Orders using physical gift cards or e-cards issued in advance by Benda Bili. These gift cards are valid for one (1) year from the date of purchase and can be used for one (1) or more purchases. If the balance on the gift card is not sufficient to pay for the Order, the Customer may complete the Order by making an additional payment via Paypal or via the ADYEN secure payment platform . If the balance on the gift card is greater than the amount of the Order, the outstanding amount shall be retained on the gift card for the duration of its validity.
The Customer may also pay for the Order by means of a credit note previously issued by Benda Bili and in accordance with the terms and conditions attached thereto.
VIII. DELIVERY
Delivery means the transfer of physical possession of the Products to the Customer (the “Delivery”).
Delivery takes place, depending on the Customer’s choice, either by collecting the Products from the selected collection point (in a Shop or in a relay point, subject to acceptance of the parcel by the selected relay point), or by receiving the Products at the specified postal address, it being specified that this must be the Customer’s home address, that of a natural person of his choice or that of a legal entity (delivery to his company).
Delivery cannot be made to hotels or post office boxes.
The countries in which the Customer may place an order and have it delivered are those listed on the Websites.
Delivery charges applicable to the Order shall be as indicated on the Websites at the time of the Order in the section.
Where Benda Bili undertakes to transport the Product, the risks of loss or deterioration of the Product shall be transferred to the Customer at the time of Delivery. Customers are required to check the conformity of the Products with their Order upon Delivery and immediately indicate any anomaly (open package, damaged Product, missing Product, etc.) on the delivery slip in the form of handwritten observations accompanied by their signature.
Transport is provided by Chronopost, DPD and other trademarks of the GeoPost group, Fedex, UPS, DHL, Royal Mail and SwissPost, Monday to Saturday, depending on the option chosen by the Customer when validating their Order. Available carriers are those offered at the time of validation of the Order. Benda Bili reserves the right to alter the available carriers with respect to those indicated herein.
Benda Bili delivers Orders within a maximum period of twelve (12) working days for delivery in mainland France and twenty (20) business days for international delivery, this period being counted from the first business day after the Order has been validated.
When a collection is put online, during Archives and from 23 November to 31 December, delivery time may be increased by ten (10) business days due to the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he/she has provided accurate and complete information concerning their Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
If the Delivery deadline is exceeded, and for as long as the Order has not been delivered, the Customer may request the cancellation of the sale and obtain a refund of the amounts paid for the Order within a maximum period of fourteen (14) days. Notwithstanding the foregoing, Benda Bili shall not be held liable for any consequences resulting from a delay in delivery, and the Customer shall only be entitled to reimbursement of the Order by Benda Bili, excluding of any form of compensation.
In the event that Delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect his/her Order from the selected collection point, no new shipment shall be made and the Customer shall be reimbursed within five (5) days of receipt of the Order by Benda Bili.
IX. RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS
9.1. Period and conditions for exercising the right of withdrawal
Benda Bili makes no exchanges.
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his/her right of withdrawal with Benda Bili, without having to provide reasons for his/her decision. After this period of fourteen (14) days, the sale shall be firm and final.
The right of withdrawal may be exercised either by logging on to the customer account in the “Order” section, or by using and sending the standard withdrawal form set forth in Annex 1 to the Terms and Conditions of Sale, by post, to the following address: by email to email or email.
Customers may not exercise their right of withdrawal for Products that have been made to their specifications, customized, used, worn, washed, damaged, unsealed or altered.
9.2. How to return an Order under the right of withdrawal
The Customer must return its Order within fourteen (14) days of having notified his or her decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
The Product shall be returned to Benda Bili in its packagingand original condition, new, with its label and all its accessories.
To make a return, Customers must report it by following the procedure indicated on the Websites.
Two options are available to Customers to carry out such return: return to the Sales Outlet (article 9.2.1 below) or return by post, to the place of deposit for the return (post office, relay point, etc.) indicated by Benda Bili (article 9.2.2 below). In both cases, Customers must make their own way to the Sales Outlet or to the place of deposit for the return. Customers shall retain all relevant evidence showing that they have returned their parcel in accordance with Benda Bili’s instructions and that the returned parcel includes all Products reported as returned by the Customers.
9.2.1. Returns to Sales Outlet
Customers may return all or part of their Order in Sézane and Octobre Éditions permanent sales outlets located in the country of the Order, excluding corners located in department stores, temporary outlets and those outlets dedicated to the sale of archive products (the “Sales Outlet(s)”).
Returns to the Sales Outlet(s) are free of charge.
9.2.2. Returns by post
Customers may elect to return all or part of their Order by post. As the case may be, the cost of returns by post shall be borne by the Customer or by Benda Bili, as follows.
i. Returns at Benda Bili’s expense
Benda Bili shall take care of the return of Products only if the place of delivery is in one of the following countries:
| Argentina Australia Austria Bahrain Belarus Belgium Bosnia & Herzegovina Brazil Canada Chile China Colombia Czech Republic Denmark Estonia | Finland France Georgia Germany Greece Hungary India Indonesia Ireland Iceland Israel Ivory Coast Italy Japan Kuwait | Lebanon Liechtenstein Lithuania Luxembourg Macau Malaysia Malta Morocco Mauritius Mexico Monaco New Zealand Nigeria Norway Oman | Panama Peru Philippines Poland Portugal Qatar Saint Vincent & Grenadines Saudi Arabia Senegal Serbia Singapore Slovakia South Africa South Korea Spain | Sweden Switzerland Taiwan Thailand The Netherlands Tunisia Turkey Ukraine United Arab Emirates United Kingdom Uruguay United States Venezuela Vietnam |
In addition, Benda Bili will pay for the return of Products if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged, even if Delivery takes place in a country other than those listed in this article.
To benefit from this free return, Customers shall use the prepaid return form provided by Benda Bili or contact Benda Bili to obtain it if it is not available in the package of the Order returned in whole or in part.
ii. Returns at the Customer’s expense
The return of Products shall be at the Customer’s expense and risk if the place of Delivery is not included in the list of countries referred to in article 9.2.2 (i) above, in which case Customers shall select the carrier of their preference. The same shall apply if a Customer who is entitled to the returns yet offered decides to select a carrier other than the one suggested by Benda Bili. The risks relating to the transport of the Product shall only be transferred to Benda Bili when the Product is handed over to Benda Bili by the carrier. It is the Customer’s obligation to demonstrate that the Products have been returned by means of a carrier who will provide proof of shipment and delivery of the Products to the Customer. Since Benda Bili is a third party to this contract between the Customer and the carrier, Benda Bili will not undertake any action or remedy against the carrier and shall not be liable for Products returned that have been lost, misdirected or delivered late. The Customer shall be responsible for all risks, costs and expenses associated with such returns.
iii. Returns at the Customer’s expense: additional provisions applicable in The Netherlands only
Returns of Products shall be at the Customer’s expense if, at the date of placing the Order, the Customer has returned more than seventy percent (70%) of the Products ordered during the previous twelve (12) months and has made at least six (6) returns.
Benda Bili will inform the Customer by any means prior to placing the Order.
The Customer shall use the prepaid return form provided by Benda Bili or shall contact Benda Bili to obtain it if it is not in the package of the Order returned in whole or in part.
A fixed amount of seven euros (€7) shall be deducted from the refund of the returned Products.
9.3. Suspicious returns
Benda Bili reserves the right to deactivate a Customer’s Account and any associated accounts, to refuse and/or cancel a Customer’s Order, to refuse reimbursement for Products ordered and/or returned by the Customer if it observes or suspects an unusual, excessive or abusive tendency on the part of the Customer with regard to returns (for example, a Customer who wears or degrades Products before returning them to Benda Bili, a Customer who systematically or excessively returns all or part of the Products ordered, a Customer who returns Products different from those ordered).
9.4 Reimbursement for the Product returned under the right of withdrawal
Benda Bili shall reimburse the Product within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw, provided that the Customer has received the Product concerned by the right of withdrawal within this period.
Benda Bili shall make the refund using the same method of payment as that used to pay for the Order. If such means of payment has expired, the Customer shall contact customer service to change the method of reimbursement. Benda Bili shall not be liable for any delay in the refund.
The reimbursement of a Product paid for with an e-gift card, gift card or credit note will automatically be made as a credit note.
Only delivery charges corresponding to a standard delivery of the Order will be reimbursed to the Customer. Consequently, the Customer agrees that if he/she selects a more expensive delivery method for his/her Order, he/she will not be reimbursed for the price in excess of the standard delivery price. In addition, since delivery costs are fixed at a flat rate, they will only be reimbursed when the Customer returns all of the Products in his/her Order. Return charges may be deducted from the refund under the conditions set out in article 9.2.2.iii above.
Furthermore, in the event of objective suspicion of fraud or confirmed fraud, the Customer shall not be eligible for a refund of his/her Order and delivery charges by Benda Bili. Behavior considered fraudulent shall include, but not be limited to, any manifest bad faith or abusive or excessive behavior on the part of the Customer with respect to delivery or return (e.g., a Customer who claims not to have received all or part of his/her Order despite all evidence to the contrary, a Customer who wears or degrades the Products before returning them to Benda Bili, a Customer who returns products different from those ordered).
9.5. Return of electrical and electronic Products: free 1 for 1 return solution (France)
In accordance with Articles L. 541-10-1 and L. 541-10-8 of the French Environmental Code, Benda Bili offers its Customers a free “1 for 1” return solution, i.e., it takes back old electrical and electronic Products purchased on the Websites free of charge subject to the Customer purchasing new equipment on the Websites.
Return of the old Product shall be carried out either in the Sales Outlet upon presentation of the purchase receipt for the new Product, or at a local collection point set up by the Ecosystem eco-organization. The list of collection points is published and accessible by clicking on the following link
9.6 Repair Bonus (France)
In connection with the law entitled Anti-waste for a circular economy (Anti-Gaspillage pour une Economie Circulaire or AGEC) a Repair Bonus has been rolled out in France since December 2022 for certain products.
You can now have your textiles, household linen and footwear repaired by an (more information) and your electrical and electronic products by an “QualiRépar” accredited repair technician (more information at ). The Repair Bonus is applied directly by the approved repair technician under the terms and conditions applicable to this bonus.
X. GUARANTEES – LIMITATION OF LIABILITY
10.1. Limitation of liability
The liability of Benda Bili in respect of any Product purchased on the Websites shall be strictly limited to the purchase price thereof. Benda Bili shall in no event be liable for any of the following losses, regardless of their origin:
– loss of income or sales
– operating loss
– loss of profits or contracts
– expected loss of savings
– loss of data
– loss of work or management time
– harm to image
– loss of opportunity, in particular to order a Product,
– moral damage.
The documents, descriptions and information relating to the Products appearing on the Websites are not covered by any guarantee, express or implied, with the exception of the guarantees provided by law.
Benda Bili provides no guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper operation of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Websites or the server that makes it available. In this respect, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other facilities in order to protect them against any bugs, viruses or other such programming routines that may result harmful.
The Customer hereby acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Websites and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data resulting from the download of such content.
Benda Bili shall only be bound to deliver Products that comply with the contractual provisions. The Products shall be deemed to comply with the contractual provisions if the following conditions are met: (i) they comply with the description and possess the characteristics set out on the Websites; (ii) they are suitable for the purposes for which products of this type are generally designed; (iii) they meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.
Moreover, Benda Bili guarantees consumers against any lack of conformity and latent defects for Products sold on the Websites under the conditions listed in Article 10.2 below.
10.2. Legal guarantees
All Products for sale on the Websites are covered by the legal guarantee of conformity (as defined in Articles L. 217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products free of charge.
However, Products modified, repaired or integrated by the Customer shall be excluded from the guarantee.
The guarantee shall not apply to any defects that are apparent or that the Customer was aware of or could not have been unaware of at the time the Order was placed, in particular with regard to the information provided by Benda Bili.
Also, the guarantee shall not cover Products damaged after the transfer of risk to the Customer, as a result of misuse or in case of non-compliance with Product care instructions.
Legal guarantee of conformity
According to Article L. 217–3 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and with 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 becomes apparent within two years of delivery […]
The seller shall also be liable, within the same time period, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility, or when incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller. This guarantee period shall apply without prejudice of Articles 2224 et seq. of the French Civil Code. The starting point for the limitation period for the consumer’s action shall be the day on which the consumer becomes aware of the lack of conformity.”
According to Article L. 217–4 of the French Consumer Code: “The good shall conform to the Contract if it meets the following criteria, where applicable: 1° It corresponds to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristics provided for in the Contract 2° It is suitable for any special use sought by the consumer, brought to the seller’s attention at the latest at the time of entry into the Contract and which the latter has accepted 3° It is delivered with all the accessories and installation instructions, to be provided, in accordance with the Contract 4° It is updated in accordance with the Contract.”
According to Article L. 217–5 of the French Consumer Code: “In addition to the criteria of conformity with the Contract, the good shall be conform if it meets the following criteria:
1° It is fit for the normally expected use of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the industry concerned ;
2° Where applicable, it possesses the characteristics that the seller has presented to the consumer in the form of a sample or model, prior to the entry into the contract;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is entered into, unless the parties agree otherwise;
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217–19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II – However, the seller shall not be bound by any of the public representations mentioned in the previous paragraph if he can demonstrate:
1° That he was not aware of them and could not legitimately have been aware of them;
2° That at the time the contract was entered into, the public representations had been corrected under conditions comparable to the initial representations; or
3° That the public representations cannot have influenced the decision to purchase.
III – The consumer may not contest the conformity of the goods by invoking a defect relating to one or more particular characteristics of the goods which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately agreed when the contract was entered into.”
Time limit for the Customer to act on this basis
If the Customer notes a lack of conformity of the Product, within the meaning of Articles L. 217–4 and L. 217–5 of the French Consumer Code, he/she may exercise the legal guarantee of conformity within a period of two (2) years from Delivery of the Product, and is exempt from proving the existence of the lack of conformity during this period. The legal guarantee of conformity is extended by six (6) months for Products that have been repaired by Benda Bili exclusively. In the event of replacement of the Product, the legal guarantee of conformity restarts from the date of delivery of the Product.
Recipient of the Customer’s request
Requests shall be sent to the Customer Department at email or email.
Consequences of implementing the legal guarantee of conformity
When the legal guarantee of conformity is implemented, in accordance with Articles L. 217–9 and L. 217–10 of the French Consumer Code, Benda Bili undertakes:
– either to repair the Product or to replace it with an identical product depending on available stocks, at the Customer’s option, unless this choice involves a manifestly disproportionate cost for Benda Bili with regard to the other method, taking into account the value of the Product or the extent of the defect, within thirty (30) days of the Consumer’s request;
– refund the price of the Product if the repair or replacement of a Product results impossible, or if the replacement or repair, as the case may be, presents a major inconvenience for the Customer, or if the replacement or repair, as the case may be, cannot be carried out within one month of the Customer’s request.
“The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:
1° The seller refuses to repair or replace the goods;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer irrevocably bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.”
“The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so severe as to justify immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to first request the repair or replacement of the goods.”
“The consumer does not have the right to rescind the sale if the lack of conformity is minor.”
“Any period of immobilisation of the goods with a view to their repair or replacement suspends the guarantee that was still running until delivery of the repaired goods.”
“The rights referred to above result from the enforcement of articles L. 217–1 to L. 217–32 of the French Consumer Code.
Penalties
“A seller who obstructs the enforcement of the legal guarantee of conformity in bad faith shall be liable to a civil fine of up to €300,000, which may be increased to 10% of its average annual sales (article L. 241–5 of the French Consumer Code).”
If the Customer becomes aware of a hidden defect within the meaning of Article 1641 of the French Civil Code, he/she may exercise the legal guarantee against hidden defects within a period of two years from the discovery of the defect.
Benda Bili kindly reminds its Customers that visible defects are not covered by this guarantee, which only applies to hidden defects at the time of the purchase.
Requests should be sent to the Customer Department at email or email.
Where the guarantee against hidden defects is invoked, Benda Bili undertakes, at the Customer’s option and after evaluation of the defect:
– either to refund the full price of the returned Product,
– or refund part of the price of the Product if the Customer decides to retain the Product.
Finally, it is restated to the Customer that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial guarantee that may be granted by Benda Bili. Neither do they deprive the Customer of his/her right of withdrawal defined in Article 9 of the ToS.
Guarantee against hidden defects
According to Article 1641 of the French Civil Code: “The seller shall be liable for a guarantee in respect of any hidden defects in an item sold which render it unfit for the purpose for which it was intended, or which impair that purpose to such an extent that the purchaser would not have purchased it, or would only have paid a lower price for it, had he been aware of them.”
10.3. Force Majeure
In case of an event of force majeure preventing performance of the Order or of these ToS, Benda Bili shall inform the Customer thereof within fifteen (15) days of the occurrence of said event, by e-mail or by registered letter with acknowledgement of receipt. The following shall be expressly deemed to be events of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, IT breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relation. All the obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Benda Bili or the Customer without compensation on either side.
XI. RETENTION OF TITLE AND RIGHT OF USE OF THE PRODUCTS
Benda Bili retains full ownership of the Products sold until full payment has been received, in principal, charges, taxes and compulsory contributions included.
Products entrusted to Benda Bili for repair or alteration and not collected by the Customer within a period of one (1) year from the initial date indicated by Benda Bili for collection shall be deemed abandoned within the meaning of the law and Benda Bili may dispose of them by the means of its discretion. After this period, any claim shall be considered inadmissible.
XII. MEMBERSHIP OF ECO-ORGANISATIONS – UNIQUE IDENTIFICATION NUMBERS
In accordance with the provisions of Articles L. 541-10 to L. 541-10-17 of the French Environmental Code, Benda Bili hereby informs the Customer that it has joined several eco-organisations in order to fulfil its obligations. To this end, Benda Bili has unique identification numbers (IDU) which certify that it is registered with the following eco-organisations and that it is up-to-date with its eco-contributions:
– IDU for the “textile products clothing, footwear, household linen and new textile products for the home” industry with eco-organisation REFASHION: IDU FR219349_11TYHX. This IDU is valid for one (1) year and is renewed each year. The Customer may view Refashion’s mission statements and objectives directly via the following link: .
– IDU for the “household packaging” industry with eco-organisation CITEO: IDU FR249242_01KJPA. This IDU is valid for one (1) year and is renewed each year. The Customer may view CITEO’s mission statements and objectives directly via the following link: .
– IDU for the “furniture” industry with eco-organisation ECOMAISON: IDU FR249242_10NPTO. This IDU is valid for one (1) year and is renewed each year. The Customer may view ECOMAISON’s mission statements and objectives via the following link: https:
– IDU for the “electrical and electronic equipment waste” industry with eco-organisation ECOSYSTEM: IDU FR249242 05VIBN. This IDU is valid for one (1) year and is renewed each year. The Customer may view ECOSYSTEM’s mission statements and objectives via the following link:
XIII. PARTIAL INVALIDITY
Should one or more of the provisions of these ToS be held invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the remaining provisions shall retain their full force and scope.
XIV. NO WAIVER
No tolerance, lack of action or reaction on the part of Benda Bili shall be construed as a waiver of its rights under these ToS.
XV. APPLICABLE LAW – JURISDICTION – MEDIATION
The sale of Products shall be governed by French law.
The election of French law may not, however, deprive a consumer Customer residing outside of France of the enforcement of the mandatory consumer protection provisions of the law of the country where the Customer has his/her usual place of residence, provided that Benda Bili carries on its business or directs its business to that country.
In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to Customer Service at email or email. In the event of a complaint that has not been resolved amicably by Customer Service and for a period of one (1) year, the Customer may refer free of charge to the CM2C mediation service, of which Benda Bili is a member, by e-mail to email or by post to directly on the website , in accordance with Article L. 612-1 of the French Consumer Code. Any consumer dispute that has not been settled amicably may be referred to the Ombudsman Service.
The Customer may also contact the dispute resolution platform set up by the European Commission at the following address:, particularly in the event of a cross-border dispute.
Furthermore, the Customer always has the right to bring legal action to resolve a dispute. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.
XVI. SPONSORSHIP
For many years, Benda Bili has been committed to fighting poverty and inequality in favor of people in difficulty.
Benda Bili also works with a number of non-profit organizations (associations and endowment funds) to finance charitable projects, particularly those aimed at protecting children and women.
These organizations have been selected by Benda Bili for their reliability, reputation, ethics and the values they share with Benda Bili.
To support them, Benda Bili carries out a number of actions, including “Appel du 21” and “Mercredis Roses”.
In such respect, Benda Bili undertakes to transfer to these organisations all or part of the profits or turnover, as the case may be, from the sale of certain Products.
Consequently, the purchase of these Products does not constitute an appeal to the generosity of the public, nor a donation giving rise to a reduction in income tax within the meaning of article 200 of the French General Tax Code, for the purchaser of the products concerned.
Should you have any questions, please contact the Customer Department at email or email.
ANNEX 1: STANDARD WITHDRAWAL FORM
(Please complete and return this form and the order number only if you wish to withdraw from the contract. We recommend that you also state your order number)
E-mail: email
I hereby notify you of my withdrawal from the contract for the sale of the following goods: (identify the product(s) for which the right of withdrawal is exercised)
Ordered on ……………..(date of order) and/or received on ……………..(date of delivery)
Customer name:
Customer address:
Signature of the consumer Customer (only if this form is sent in hard copy)
Date:
For further information, please contact Customer Service at email or email.
Legal information
It is restated that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
I. PUBLISHER
Benda Bili, a French simplified joint stock company (société par actions simplifiée) with a share capital of €27,386.00, registered with the Paris Trade and Companies Register under number, having its registered office
The publisher is Morgane Sézalory, legal representative of Benda Bili.
Contact: email
II. HOSTING
Claranet
AWS
III. DESIGN AND PRODUCTION
Benda Bili
Jolicode
Accenture Interactive
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