The market site eu.bensherman.com (hereinafter named the “Site”) is a site of electronic commerce accessible through the Internet, open to all users of this medium (hereinafter named “Internet users”). It is edited by the company Pilot Fish SAS with a capital of 40000 Euros, the headquarters are located at 15, Rue Chapelet 64200 Biarritz, signed with the “Registre du commerce et des Societés de Bayonne” under the number 809 686 009. The site allows Pilot Fish SAS to offer textile products and accessories for sale with Ben Sherman brand or any of their business partners (hereinafter named “products”) to Internet users that navigate on the site (hereinafter named “clients”). For the application of the presenters, it is decided that the Client and Pilot Fish SAS will be collectively named “Parties” and individually named “Party”, and that the client that has validated an order will be named “Buyer”. All orders of a Product offered on the Site imply the Buyer to adhere to the following terms and conditions of sale. Pilot Fish SAS reserves the right to modify at any moment the present terms and conditions of sale by publishing a new version on the Site. The general terms and conditions of sale are those that at are put in place on the date the purchase is made.
The current terms and conditions of sale govern the rights and obligations of the Parties resulting in the on line sale of Products offered on the Site, these apply with the exclusion of any other document.
Only the products featured on the Site on the day it is consulted by the Client are offered for sale. The products offered are limited to the European Union area and Norway. The offer of product and price are available, within limits of available stock, as long as they are offered on the Site. The photographs reproduced and illustrating the presented products are not contractual.Price
The prices are indicated in Euros all taxes included. The prices that are applied are the ones figuring on the Site at the time the order is being made. The sum of the all-inclusive price of the fees for preparation and delivery will be communicated to the client on the receipt summary, before the validation of the aforementioned document. If you live outside of the European Community, you are entitled to VAT tax exemption. The shipment of the order must be to an address outside of the European Community. The final invoice will reflect this tax exemption. Please be reminded that shipments destined outside of the European Community are subject to import taxes and duty fees (DDU Deliver Duties Unpaid) based on your home country's regulations.
The Client that wishes to make an order chooses the item or items of his or her choice by clicking on “Add to Cart” At any time the Client can: -Verify the number of Products in his basket and obtain detailed information on each item by clicking on “Cart”, - A new Client must fill out all required fields of information in order to create his or her client account. The Client must fill out the form given to him or her with exactitude, which will include the information needed to determine his identification, including his electronic address and a password of his or her choosing (which will be personal to him as well as confidential) which will in turn allow him or her to identify himself on the site. Every client that already has a password must identify himself after clicking on “Checkout”, by entering his or her email address and his or her password. The Client accepts that this method of identification can prove his or her identity. It is an obligation to provide the nominative information to be a vendor from a distance; this information is necessary for the treatment and delivery of orders, and for the purpose of billing. This information is strictly confidential. After having made an order, and once all of the information required has been completed by the Client, he or she will be aware of the general terms and conditions of sale to which he will agree to by checking off the square.Validation of the order
The validation of the confirmation of the bag constitutes as an electronic signature. To the Parties this signature is the equivalent to a signed manuscript and is proof of the integrity of the order and the pay ability of the sum due of the said order. Once he or she has validated the order, the Client becomes a buyer. Notwithstanding the application of article R624-3 of the penal code, the Client will pay his or her order with a banking card (carte bleu, Visa, Eurocard/Mastercard/ American Express) or via his Paypal account. If the Client wishes to make payment with a bankcard, he or she must provide the bankcard number. The type of card the expiration date as well as the cryptogram will need to be provided.Payment
The price owed by the Buyer is the amount indicated on the summary note of the order. In any case, the amount debited will correspond to the Product(s) to be delivered. It is specified that when choosing a bankcard as a method of payment the buyer is transferred automatically towards the electronic payment service STRIPE. The bank server and payment page are secured through a S.S.L. (Secure Socket Layer) encryption in order to better protect all the information linked to this method of payment, and at no given time is the Buyer’s banking information in transit on the Roark Revival Europe computer system. We propose two payment methods; via Paypal, Debit card using STRIPE .Acknowledgment of receipt of order
Once payment has been made, a summary document of the order is sent to the Buyer to his or her electronic address. This document serves as an acknowledgment of receipt and is a summary of all the items included in the contract between parties.
Pilot Fish SAS will do everything within its means so that the delivery of the order will be made on average between 1 to 5 days, and up to 15 days, counting from the following day the order has been validated by the buyer. It is specified that orders made on the web site eu.bensherman.com. Friday, Saturday or Sunday will be processed the following Monday. Orders that are made on the web site eu.bensherman.com on public holidays other than on a Friday, Saturday and Sunday will also be processed the next opening day. The items ordered by the Buyer will only be delivered within EU borders to the address provided by the Buyer on the validation page for his order, along with a delivery slip. The Buyer has the possibility to have the products delivered to a different address than his own. The delivery will not be insured in case of an extraneous circumstance, transportation strike and/or postal services strike.
All Shipping Fees are explained on the Shipping Page of eu.bensherman.com.
Upon reception of the order, the Buyer will verify the conformity of the Products received following the execution of the order. Any anomalies concerning the delivery (for example: missing or damaged Product, damaged packaging) must be notified imperatively, in the fifteen (15) days following the reception of the Products.
IMPORTANT NOTICE: Pilot Fish SAS reserves the right to ask the Buyer to return the Product if it is non-compliant or damaged. In the case of an abnormal or improper return, Pilot Fish SAS can refuse any other orders.
The Buyer is entitled to a delay of thirty (30) business days counting from the date of reception to return, at his or her own charge, the Product(s) that he or she has ordered. The Product(s) will have to be returned in its original packaging. Customers will have to bear the charge(s) of return. If the conditions mentioned above are fulfilled, Pilot Fish SAS will reimburse the Buyer for the total amount of his order, within thirty (30) days of the reception of the Products.
Customer must follow the return procedure explained on Returns Page of eu.bensherman.com.
All our products benefit of a legal guarantee, abiding that the use of said product was normal and that instructions be adhered to.
The vendor is obliged to deliver goods that are in adherence to the contract and to answer to defects that do not adhere to conformity existing when said product is delivered.ARTICLE L211-5 OF CONSUMER CODE
To conform to the contract, the goods must: 1° must be suited for the habitual type of usage expected from a similar good:- Correspond to the description given by the vendor and posses the quality that the aforementioned presented to the Buyer in sample or model form;- Present the qualities that a Buyer could legitimately expect and in relevance to the public declarations made by the vendor, by the producer or by their representative, notably in advertisements or labeling; 2° Or present characteristics defined by a common agreement by the parties or be applied to all special usage sought by the Buyer, which the vendor was aware of and accepted. Article L211-12 of the consumer code. The operation resulting in a default to the conformity has a statue of limitations from two years starting from the delivery of the good.ARTICLE 1648 ALINÉA 1 OF CIVIL CODE
The vendor is obliged to guarantee in the case of hidden defaults of the product sold which render it improper to the use is destined to, or that it restricts so much that usage, that the Buyer would not have purchased it, or would have bought it for a fraction of the price, if he had known they existed. Article 1648 Indentation 1 of the civil code. The event that is the result of insurmountable vices must pursue legal action within a two-year delay of the discovery of said vice.
Pilot-Fish SAS will not be held responsible for the non execution whether it be total or partial of its obligations for its current contract, if this non execution is provoked by an event considered force majeur, more notably in case of a disturbance or general or partial strike, notably of postal or method of transportation and/or communication, flood or fire. The Parties convene to concert themselves in a timely fashion to determine the method in which to proceed with the order during the force majeur situation. In the case of a delay of one (1) month of interruption due to force majeur, the Parties will be freed from their obligations to one another.The Contract in its entirety
The present terms and conditions of sale and the summary of the order sent to the Buyer constitute a contractual an integral summary of the conventions that occur between the parties.Conservation and archiving transactions
The archiving of bills is done in a viable and durable backing method so as to correspond to a trustworthy and durable copy.Applicable Law - Competent Jurisdiction
The present terms and conditions of sale and the contractual relation between Pilot Fish SAS and the Buyer are subject to French law. In case of litigation, the Paris tribunal of commerce will be called upon. However, Pilot Fish SAS are always open to finding an amicable solution before any legal action is taken.