Terms and Conditions - Benson Shoes

This website is operated by BENSON SHOES SARL (hereinafter referred to as "the Company"), with its registered office at 22, rue le catelet – Casablanca – Morocco and registered in the Casablanca Trade and Companies Register under number 89057, subject to VAT and fiscally identified under number: 1601753.

These general terms and conditions of sale apply to all orders placed with the Company for all articles and services offered on the www.benson-shoes.com website by anyone making a purchase via the Site. Consequently, the act of ordering a product offered for sale on the Site implies full and complete acceptance of these general terms and conditions of sale, which the Customer acknowledges having read prior to placing their order.

The Company reserves the right to modify these general terms and conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Site are those accepted by the Customer at the time of placing their order.

Article 1: Completeness

These General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions provided for in these general terms and conditions of sale. The Company, for its part, undertakes to respect its role as a reseller within the framework of these conditions.

Article 2: Purpose

These terms and conditions of sale aim to define the contractual relationships between www.benson-shoes.net and the buyer and the conditions applicable to any purchase made through the Benson Shoes merchant site, whether the buyer is a professional or a consumer. The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these terms of sale. These terms of sale will prevail over all other general or specific conditions not expressly agreed to by www.benson-shoes.com.

Article 3: Scope of Application

These General Conditions govern the sale of products on the day the Customer places an order. They apply to all ordering methods offered by the Company, whether the order was placed via the internet or by telephone.

Article 4: Order

1 - Capacity to Contract

Every Customer declares that they have the capacity to contract under the conditions described below, i.e., be an emancipated minor or have reached the legal age of majority. If a person without legal capacity were to order products on the Site, their legal guardians (parents or tutors) would assume full responsibility for the confirmed order.

The Company reserves the right to refuse any order from a Customer with whom there exists or appears during the processing of an order a dispute, in particular a payment dispute.

2 - Acceptance of Conditions by the Customer

These Conditions can be read directly on the Site. Upon simple request by the Customer, they can also be sent by email. The fact that the Customer checks the box "I accept the general terms and conditions of sale" before proceeding to secure payment constitutes an irrevocable acceptance that can only be challenged in the cases limitatively provided for in these general terms and conditions of sale under the paragraph "right of withdrawal". The Customer acknowledges by this act that they have read and understood these Conditions and accept them. Purchase by telephone also implies acceptance of these Conditions, which they acknowledge having previously read, understood, and accepted under the conditions mentioned above.

3 - Order Placement

The individual Customer can place their order with the Company via the internet 24/7.

The ordering process consists of several successive steps. Once the product selection has been made, and the cart validated, the Customer must:
     - clearly identify the selected products with the color options, sizes, etc. indicated on the Site;
     - indicate the requested quantities;
     - identify themselves either by entering their email address and password, which are strictly personal to them, or by mentioning all the information usually requested for online registration;
     - clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as any accessibility restrictions of the delivery location (building, floor, entry code, etc.);
     - indicate the chosen delivery method;
     - indicate the chosen payment method.

Once the payment method is selected, the Customer must proceed to validate their order on the secure interface, which will formalize in a firm and definitive manner the sales contract that binds them to the Company.

Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In all cases, the final validation of the order by the Customer will constitute proof of the order.

4 - Order Confirmation

An email is automatically sent to the Customer to confirm the order, provided that the email address indicated in the registration form does not contain any errors. The Customer must verify the completeness and accuracy of the information they provide to the Company. The latter cannot be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipment will be borne by the Customer.

5 - Order Tracking

The Customer can at any time check the status of their order by consulting the "My account/Order history and details" section on the Site. This tracking allows the Customer to know the processing status of their order, but also the shipping or delivery status of their packages. The latter delivery tracking is carried out in interface with the Internet tracking means of carriers. The Company cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. However, the Company strives to make this information as clear as possible and to make the transport as reliable as possible with its carriers. The Customer can contact the Company's customer service at any time (shop@benson-shoes.com / 06 60 08 05 05) to be informed of the status of their order.

6 - Proof of Order

Computerized records, kept in the Company's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments that have taken place between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 5: Information on Products

1 - Product Characteristics

The information, characteristics, photographs, and graphics presented on the Site or in emails sent by the Company are provided for information purposes only. In particular, the difference in perception of shapes and colors between the photographs or graphics presented and the products cannot engage the responsibility of the Company. The Company will make its best efforts to ensure that the photographic representation of the products on the Site is as faithful as possible. However, it is possible that the perception of the product(s) does not correspond totally to the products. Products are presented in photographs sometimes with other products. The description will mention what is or is not part of the product.

The Company shall not incur any liability for any indirect damages arising from these terms, including but not limited to loss of operation, loss of profit, loss of opportunity, damages or expenses, which may arise from the purchase of the products. The Company shall not be liable for any loss of data, files, or damages defined in the preceding paragraph.

2 - Product Availability

The Company only undertakes to fulfill received orders within the limit of available product stocks. In the absence of availability of the product(s), the Company undertakes to inform the Customer as soon as possible.

Availability can vary within the same day depending on the level of sales. The Company updates availability very frequently. In case of product unavailability, the Company will notify the Customer by phone or email.

The unavailability of a product is mentioned on the page of the product concerned and in the cart summary. Thus, products may appear with the mention of shipping time such as "in stock", "2 to 5 days", "2 to 4 weeks", "6 to 8 weeks", "Product not available"...

The shipping times indicated in the descriptive sheets are indicative when the product(s) are not available in the Company's stocks. They may therefore undergo variations for which the Customer will be informed by the Company in their order tracking in case of a slight delay or by email in the case of a prolonged delay. If the Company cannot provide an ordered product, it will notify the Customer of the expected delay by email. The latter may then request a refund of the sums paid within 15 days at the latest of their payment, or the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such an order cancellation. No cancellation indemnity (apart from the full refund of the order) may also be requested, such unavailability resulting from the delay in updating these unavailabilities. The Company cannot be held responsible for the non-execution of the contract in case of stock depletion or product unavailability, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flood, fire.

Article 6: Price

Prices are indicated in Moroccan Dirhams (MAD) including all taxes and are only applicable on the date the Customer sends the order validation. As the Company's suppliers' rates are constantly evolving, the prices displayed on the site are subject to change at any time. Prices do not include delivery costs, gift wrapping costs, any promotional offers, and personal discounts, which are indicated before the final validation of the order.

***Delivery costs in Morocco are included in the displayed prices (except during sales periods when prices will be increased by delivery costs); for any delivery abroad, delivery costs and taxes are the responsibility of the customer.

Prices include Moroccan V.A.T. applicable on the day of the order, and any change in the legal V.A.T. rate will automatically be reflected in the price of the products presented on the Site, on the date stipulated by the implementing decree. However, prices cannot be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental ones, were to be created or modified, upward or downward, this change may be reflected in the selling price of the articles present on the Site.