These General Conditions of Sale (GTS) apply to sales concluded between THIEBAULT BENJAMIN SERGE, 10 RUE EMMANUEL HEDON 34090 MONTPELLIER, FRANCE, hereinafter referred to as “TBS”, and any person, hereinafter referred to as “THE CUSTOMER”, making a purchase on the site www.benjaminthiebault.com, hereinafter referred to as “THE SITE”. TBS and THE CUSTOMER are collectively referred to as “THE PARTIES”. For THE CUSTOMER, any online purchase on THE SITE implies acceptance of all of these conditions.
All prices displayed on THE SITE are indicated in euros by default. All applicable shipping and packaging charges are calculated at checkout. Any order for a new product intended for a territory outside the EU engages the responsibility of the CUSTOMER as the importer and subjects it to the import rules in force in the country of delivery. The payment of customs duties, local taxes, sea fees and / or customs clearance costs that may be due are the responsibility of the CUSTOMER and are their sole responsibility. TBS recommends that the CUSTOMER contact the competent authorities of the country of delivery beforehand.
The products and product descriptions (such as images, characteristics, content, etc.) displayed in the online store are subject to modification or deletion without notice and cannot constitute the basis of contractual offers, serving simply as a non-contractual online catalog of products offered for sale. The order summary, which displays all the products and / or services included in the basket, as well as any option selected, remains fully editable and non-binding until the order is placed. The order is deemed to have been placed when it is submitted to our online payment process. By clicking on “Buy” or “Order”, and confirming having read and accepted these GTS, THE CUSTOMER agrees to purchase any good or service displayed in the basket. THE CUSTOMER will receive an order confirmation by email, containing the details of the order and a copy of these GTS, shortly after the order, thus forming the sales contract between THE PARTIES. TBS reserves the right to cancel an order if the goods or services are not available for sale. If applicable, THE CUSTOMER will be informed and any payment made will be refunded without delay. TBS also reserves the right to cancel or refuse to accept an order, as well as to delete and / or deactivate a CUSTOMER account, if an order appears abnormal, fraudulent or in bad faith, or if a payment incident or a previous dispute remains unresolved. TBS remains the owner of the items purchased by THE CUSTOMER until THE CUSTOMER has fulfilled all the obligations incumbent on it as a buyer and paid the entire invoice.
The products can be shipped worldwide to the delivery address indicated by THE CUSTOMER during checkout. Post-shipment delivery times are indicative on the basis of the delivery and carrier chosen, and can be viewed by visiting the website of the carrier concerned. When an order containing multiple products involves multiple supply and / or delivery times, the delivery time is based on the product requiring the longest time. If TBS decides to ship the order in multiple deliveries, the handling and shipping charges will not be affected and will only be charged for one delivery. THE CUSTOMER is required to refuse delivery in the event of clearly identifiable damage due to transport and, failing this, to notify the carrier of all reservations on the delivery note (for example: damaged, repackaged, already opened package, etc.). The risk of loss or damage to the products purchased is transferred to the CUSTOMER once the latter (or any third party designated for this purpose) takes physical possession of the products purchased. THE CUSTOMER is required to comply with all the rules imposed by the local customs authorities on the importation of the products purchased (including in terms of identification, declaration and payment). TBS recommends that the CUSTOMER contact the competent authorities in the country of delivery.
Right to retract
THE CUSTOMER is entitled to cancel his order by simple notification within 14 days of the date of delivery of the product, without having to provide a reason or pay a penalty. Once THE CUSTOMER has notified his wish to cancel his order, he has an additional 14 days to return the order to TBS. Return costs are the responsibility of the CUSTOMER. If THE CUSTOMER respects the return procedure mentioned above, the refund of the product (s) purchased and the initial delivery costs will take place within 14 days of the date of delivery of the product at TBS. The products must be returned in full and in their original condition (packaging, accessories, user manual, etc.). Thus, this right of withdrawal does not apply to sealed audio / video products, the protective packaging of which has been removed after delivery.
Regardless of any commercial warranty that may also be granted to the CUSTOMER, TBS remains responsible for the lack of conformity according to articles L217-3 to L217-4 of the Consumer Code. If the purchased product is deemed to be defective due to a material defect or a manufacturing error, THE CUSTOMER may submit a warranty claim for the repair or replacement of the product (art. L217-9) within two years of the delivery date (art. L. 217-12.). Damage caused by negligent or inappropriate use, by improper installation or use of inappropriate accessories or by modifications made to the original components by THE CUSTOMER – or any third party not commissioned by TBS – is not covered by this warranty. Signs of wear and tear due to normal use are also excluded.
Before placing his order, THE CUSTOMER declares to have read and accepted these GTS. Placing an order therefore constitutes acceptance of these GTS. THE CUSTOMER may not assign or transfer in any way any of the rights set out in these T & Cs. The contract formed under these GTS is non-transferable and only THE PARTIES of the initial contract are entitled to enforce them. If one of the clauses or provisions of these GTS were to be declared illegal by a competent court, this invalidity would not affect the validity of the other clauses or provisions, which will continue to apply in their entirety.
TBS does not guarantee that the products offered for sale on THE SITE are appropriate or suitable for use in a country other than France. THE CUSTOMER is entirely responsible for compliance with the rules and standards of use in force in the country concerned on the products purchased. In addition, access to the SITE from territories where its content is illegal or prohibited is prohibited and must be undertaken at the risk and peril of the CUSTOMER. These GTS are governed and interpreted in accordance with French law. By accepting these GTS when placing an order, THE CUSTOMER accepts to submit this contract exclusively to French courts.