Terms of service

OVERVIEW

This website is operated by Bentivana. Throughout this website, the terms “we”, “us” and “our” refer to Bentivana.

Bentivana offers this website, including all information, tools and services available on it, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting this website and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Terms”), including the additional terms, conditions and policies referenced here and/or available by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this website, including but not limited to users who browse the website, vendors, customers, merchants and/or contributors of content.

Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.

Any new features and tools subsequently added to this store will also be subject to these General Terms and Conditions of Sale and Use. You can review the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by publishing updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the publication of any changes constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

DELIVERY

All orders are prepared and dispatched by our teams within 1 to 2 working days (excluding weekends and public holidays).

Bentivana delivers to the following countries: France, United Kingdom, Germany and Austria

Our delivery times range from 5 to 8 working days.

Estimated total delivery time: 6 to 10 working days.

Order preparation cut-off time: Monday to Friday: 5 pm (GMT+1, Paris time).

For each order placed, you will receive a confirmation email followed by a second email confirming dispatch and including your order tracking number.

The choice of carrier may vary depending on the weight, quantity and availability of the products, the basket total and the country of dispatch.

Please feel free to contact us by email at info@bentivana.com. Our customer service team will promptly send you your tracking number.

ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE

By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country of residence and that you have given us your consent to allow any minor dependants in your care to use this website.

You must not use our products for any illegal or unauthorised purpose, nor must you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone at any time and for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience and will not limit or otherwise affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this website is not accurate, complete or up to date. The content of this website is provided for general information only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you choose to rely on the content presented on this website, you do so at your own risk.

This website may contain certain historical information. Historical information, by its nature, is not current and is provided for guidance only. We reserve the right to modify the content of this website at any time, but we have no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of the Service) at any time without notice.

We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.

The applicable prices are those displayed at the time the order is confirmed; any price change has no effect on orders already confirmed.

ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned in accordance with our return policy.

We have done our best to display the colours and images of the products appearing in our store as clearly as possible. We cannot guarantee that your computer screen will display colours accurately.

We reserve the right, but are not obliged, to limit sales of our products or services to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of a service or product on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.

For more details, please consult our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no monitoring, control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or relating to the use of these optional third-party tools.

If you use optional tools offered on the website, you do so at your own risk and discretion, and you should consult the terms on which those tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features on our website (including new tools and resources). Such new features and services will also be subject to these General Terms and Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of those websites, and we do not guarantee or assume any responsibility for any content, website, product, service or other material accessible on or from those third-party websites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction carried out in connection with third-party websites. Please read third parties’ policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about their products must be directed to those third parties.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to enter competitions), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are not and will not be under any obligation (1) to maintain comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use.

You undertake to write comments that do not violate third-party rights, including copyright, trademarks, privacy, personality rights or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, or any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You must not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties about the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any error, inaccuracy or omission, to change or update information or to cancel orders if any information in the Service or on any associated website is inaccurate, at any time and without notice (including after you have placed your order).

We are not required to update, amend or clarify information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been changed or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any applicable law or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used to compromise the functionality or operation of the Service, any associated or independent website, or the Internet; (h) to collect or track others’ personal information; (i) to spam, phish, hijack a domain, obtain information through extortion, crawl, spider or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.

ARTICLE 13 – WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or represent in any way that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notifying you in advance.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. Products are supplied in compliance with the applicable statutory guarantees. Under French law, you benefit from the statutory guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), which cannot be excluded. We do not guarantee that the website will be uninterrupted or error-free, but this reservation does not apply to the statutory guarantees covering the products sold.

Bentivana (OPALYS LLC), partners, service providers, subcontractors and supplier cannot under any circumstances be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings or data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained through this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Our liability is limited to the maximum extent permitted by law, without prejudice to the statutory guarantees, which remain fully applicable. With regard to consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bentivana (OPALYS LLC), partners, service providers, subcontractors and supplier from any claim or demand, including reasonable legal fees, made by any third party due to or arising from your breach of these General Terms and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

If any provision of these General Terms and Conditions of Sale and Use is found to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these General Terms and Conditions of Sale and Use. Such severance will not affect the validity and enforceability of all remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties before the termination date will remain in force after termination of this agreement for all purposes.

These General Terms and Conditions of Sale and Use remain effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If, in our sole judgement, you fail, or we suspect that you have failed, to comply with the provisions of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without advance notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our Services (or any part of them).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use will not constitute a waiver of that right or provision.

These General Terms and Conditions of Sale and Use and any other policies or operating rules published by us on this website or in relation to the Service constitute the entire understanding and agreement between you and us, govern your use of the Service, and replace all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including but not limited to any previous version of the General Terms and Conditions of Sale and Use).

Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use must not be construed against the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms are governed by French law. The consumer may choose to bring proceedings before the courts of their place of residence. The conditions of sale of the products are governed by the General Terms and Conditions of Sale, which prevail over these Terms in the event of a conflict.

ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can review the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these General Terms and Conditions of Sale and Use by publishing updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our website following the publication of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.

ARTICLE 20 – CONTACT DETAILS

Store: Bentivana operated by OPALYS LLC

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

Email: info@bentivana.com

The website is hosted by: Shopify Inc. Address: 151 O’Connor Street Ground Floor, Ottawa, Ontario, K2P 2L8, Canada. Telephone: 1-888-746-7439. Information concerning the collection and processing of personal data (policy and statement) is provided in the website’s personal data charter.

The website accessible at the following URL: https://bentivana.com/ is operated in accordance with French legislation. Use of this website is governed by these general terms and conditions. By using the website, you acknowledge that you have read and accepted these terms. They may be amended at any time and without notice by Bentivana (OPALYS LLC).