General Terms and Conditions of Sale

ARTICLE 1 - Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Bentivana ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale by the Seller ("the Products") on the website https://bentivana.com/

They specify, in particular, the conditions of ordering, payment, delivery, and management of any returns of the Products ordered by the Customers.

These General Terms and Conditions of Sale may be supplemented by special conditions stated on the website before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or sales through other distribution and marketing channels.

They are accessible at any time on the website https://bentivana.com/ and shall prevail, where applicable, over any other version or any other conflicting document.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase being the one in force on the website on the date the order is placed.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the website https://bentivana.com/ are as follows:

  • wall-mounted coat racks: pegs, hook bars, no-drill models;
  • freestanding coat racks: trees, coat trees, weighted base racks;
  • shoe storage: open, closed, with bench, with mirror, or dressing room versions;
  • additional entryway storage: entryway furniture, clothing racks, storage benches, and protective covers.

The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://bentivana.com/

The Customer is required to review them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website https://bentivana.com/ are not contractual and shall not engage the liability of the Seller.

The Customer is required to refer to the description of each Product to learn about its properties, essential features, and delivery times, as well as, in the case of the continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is subject to confirmation no later than the time the Customer validates the order.

ARTICLE 3 - Validity period of the Product offer

Product offers are subject to available stock, as specified at the time the order is placed.

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

Store name Bentivana. 

Address: 30 N Gould St Ste N, Sheridan, WY, 82801-6317, US

Email: info@bentivana.com

Telephone: +33 7 56 99 68 25

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at all times, the right of access, rectification, objection, erasure, and portability of all their personal data by writing, by mail and proving their identity, to the Seller's address mentioned above.

The Customer's validation of the order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://bentivana.com/

ARTICLE 5 - Orders

5-1 . Placing the order It is the Customer's responsibility to select on the website https://bentivana.com/ the Products they wish to order, according to the following terms:

The Customer has the option to check the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to report or correct any error immediately.

The registration of an order on the website https://bentivana.com/ is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the website.

The sale is only final after the Seller sends the Customer an email confirmation of acceptance of the order, which must be sent without delay and after the Seller has received payment in full.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the website https://bentivana.com/ constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can track the progress of their order on the website https://bentivana.com/ under the "Order Tracking" section.

The Seller does not intend to sell the Products on the website https://bentivana.com/ to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities of more than 10 units.

5-2 . Modifying the order Any modifications to the order by the Customer can only be taken into account by the Seller to the extent of its possibilities and provided they are notified by email to the following address: info@bentivana.com to the Seller before the order is shipped.

In the event that these modifications cannot be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded to them within a maximum period of 14 days from the notification of the inability to accept the modifications requested by the Customer (unless the Customer prefers to receive a store credit).

5-3 . The Customer can cancel their order free of charge as long as it has not been shipped, by writing to info@bentivana.com. The sums paid are then refunded within 14 days. Once the order has been shipped, the Customer can exercise their right of withdrawal under the conditions of Article 10.

ARTICLE 6 - Prices

The Products are provided at the prices in force on the website https://bentivana.com/, at the time the order is registered by the Seller. Prices are expressed in Euros, including VAT.

The prices take into account any discounts that may be offered by the Seller on the website.

These prices are fixed and non-negotiable during their validity period, as indicated on the website, the Seller reserving the right, outside this validity period, to change the prices at any time. They include processing, shipping, transport, and delivery fees.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

ARTICLE 7 - Payment terms

The price is payable immediately, in full on the day the Customer places the order, by secure payment, according to the following terms:

  • By bank cards: Visa, Mastercard, American Express, Apple Pay, Google Pay, and PayPal.

Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the refund of the corresponding sums.

ARTICLE 8 - Deliveries

Products ordered by the Customer are delivered to France in the United Kingdom, Germany, and Austria.

The products are delivered within an average period of 6 to 10 business days (1 to 2 business days for preparation + 5 to 8 business days for transit).

Delivery consists of transferring physical possession or control of the Product to the Customer. Except in special cases or the unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided as estimates. If the ordered Products have not been delivered within 30 days after the estimated delivery date, for any reason other than force majeure or the Customer's fault, the sale may be rescinded at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or refund the Customer, as indicated in the "Seller's Liability - Warranty" article.

The Seller bears the risks of transport and is required to refund the Customer in the event of damage caused during transport.

ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril.

ARTICLE 10 - Right of withdrawal

In accordance with legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal, without having to justify a reason or pay a penalty.
The Customer can unbox and try the Product as they would in a store. Returns are accepted regardless of condition; the refund may, however, be reduced by the amount of the Product's depreciation resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning.
The right of withdrawal can be exercised using the form provided in the appendix, or by any unambiguous statement sent to info@bentivana.com. An acknowledgment of receipt on durable media will be provided to the Customer.
In the event of withdrawal, the price of the Products and the initial delivery fees (at the standard rate) are refunded; the return fees remain the responsibility of the Customer.
The refund is made no later than fourteen (14) days from the notification of the decision to withdraw, the Seller being able to defer the refund until the Product is recovered or proof of its shipment is provided.

ARTICLE 11 - Seller's Liability - Warranty

The Products sold on the website https://bentivana.com/ are compliant with the regulations in force in France and have performance compatible with non-professional use.

The Products provided by the Seller benefit by operation of law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

  • the legal guarantee of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,

  • the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use,

under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).

It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the good to take action against the Seller; may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from having to provide proof of the existence of the Product's non-conformity during the twenty-four months following the delivery of the Product.

The legal guarantee of conformity applies independently of the commercial warranty that may eventually cover the Product. The Customer may decide to exercise the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between the rescission of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

The Seller will refund or replace the Products or parts under warranty deemed non-compliant or defective. Shipping fees will be refunded based on the invoiced rate, and return fees will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's discovery of the non-conformity or hidden defect. The refund will be made by credit to the Customer's bank account.

The Seller cannot be held liable in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

  • in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the Product, accident, or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant Products or those affected by a defect.

ARTICLE 12 - Personal Data Protection

Pursuant to the law of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the issuance of invoices, among other things. This data may be communicated to the Seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of the information provided through the website https://bentivana.com/ complies with legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, objection, portability, and limitation of processing regarding the information concerning them. This right can be exercised under the conditions and according to the terms defined on the website https://bentivana.com/

ARTICLE 13 - Intellectual Property

The content of the website https://bentivana.com/ is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting, parasitism and unfair competition.

ARTICLE 14 – Unforeseen Circumstances

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all sales of the Seller's Products to the Customer. The Seller and the Customer therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein.

ARTICLE 15 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure within the meaning of Article 1218 of the Civil Code.

ARTICLE 16 - Applicable Law - Language

These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by French law. They are written in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 17 - Disputes

All disputes that may arise from the purchase and sale transactions concluded pursuant to these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and outcomes, and which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is informed that, in any event, they may resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with the existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Website mediator https://bentivana.com/ : CM2C, 14 rue Saint Jean, 75017 Paris, Tel: 01 89 47 00 14.

ARTICLE 18 - Pre-contractual Information - Customer Acceptance

The act of a natural person (or legal entity) placing an order on the website https://bentivana.com/ constitutes full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, notably, the right to rely on any contradictory document that would be unenforceable against the Seller.



ANNEXES

ANNEX 1 - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when such installation was made their responsibility under the contract or was carried out under their responsibility.

Article L217-5 of the Consumer Code For the goods to conform to the contract, they must:

  • Be fit for the purpose normally expected of similar goods and, where applicable:

  • match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

  • possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer, or their representative, notably in advertising or labeling

  • or possess the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the goods.

Article L217-16 of the Consumer Code When the buyer requests the seller, during the term of the commercial guarantee granted to them upon the purchase or repair of movable property, a repair covered by the guarantee, any immobilization period of at least seven days shall be added to the remaining duration of the guarantee. This period runs from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this availability occurs after the request for intervention.

Article 1641 of the Civil Code The seller is liable for latent defects in the sold item that make it unfit for the purpose for which it is intended, or so diminish that purpose that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them.

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

ANNEX 2 - Withdrawal Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://bentivana.com/, except for exclusions or limitations on the exercise of the right of withdrawal pursuant to the applicable General Terms and Conditions of Sale.

For the attention of Bentivana by email: info@bentivana.com

  • Order date: ........................................................... 

  • Order number: ........................................................... 

  • Customer name: ........................................................................... 

  • Customer address: ....................................................................... 

Customer signature (only if this form is provided in paper form)