Terms and Conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to a profession or business and who enters into a distance contract with the merchant;
Day: calendar day;
Fixed-term contract: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
Durable medium: any tool that enables the consumer or merchant to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the withdrawal period;
Merchant: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance sales of products and/or services, where the contract is concluded exclusively through one or more means of distance communication;
Means of distance communication: any method that can be used to conclude a contract without the consumer and the merchant being present in the same place at the same time;
General terms and conditions: these general terms and conditions of the merchant.
Article 2 - Identity of the Merchant
Company name: Bennett & Wells Co.
Trade name: Bennett & Wells Co.
Customer service email: info@bennettwellsco.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the terms can be viewed and how they can be received free of charge.
In the case of an electronic distance contract, the general terms and conditions may be provided in such a way that the consumer can store them on a durable medium.
If, in addition to these terms and conditions, specific product or service conditions also apply, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these terms and conditions are found to be invalid or voidable, the remaining provisions will remain in effect. Situations not covered by these terms and conditions must be assessed in the spirit of these terms.
Article 4 - The Offer
If an offer has a limited duration or is subject to conditions, this will be clearly stated.
Offers are not binding: the merchant may modify them.
The offer contains a complete and accurate description of the products and/or services offered. Images are accurate representations of the products.
Obvious errors or mistakes do not bind the merchant.
Each offer contains clear information about the rights and obligations attached to acceptance, in particular: the price, excluding any customs duties and import taxes, which remain the responsibility of the customer; any shipping costs; the method by which the contract is concluded; whether or not the right of withdrawal applies; payment, delivery and performance methods; the validity period of the offer and applicable guarantees; any languages in which the contract may be concluded; applicable codes of conduct; and the availability of sizes, colors and materials, where relevant.
Article 5 - The Contract
The contract is considered concluded at the moment the consumer accepts the offer and complies with the applicable conditions.
If acceptance takes place electronically, the merchant will immediately confirm receipt of the acceptance.
The merchant takes appropriate technical measures to ensure the security of transmitted data.
The merchant may verify the financial reliability of the consumer before concluding the contract. If justified, the merchant may refuse an order or impose additional conditions.
At the time of delivery of the product, the consumer will receive the business address, information about withdrawal, guarantees and after-sales service, as well as the conditions for any termination of the contract.
If the contract has a duration, this information will be provided at least with the first delivery.
Article 6 - Right of Withdrawal
The consumer has the right to withdraw from the contract within 30 days after receiving the product, without being required to provide a reason.
During the withdrawal period, the product must be handled with care. The product may be inspected but not used.
The consumer must communicate the withdrawal within 30 days, in writing or by email, and must return the product within the following 30 days. The consumer must provide proof that the return was sent on time.
Article 7 - Costs in Case of Withdrawal
Return shipping costs are the responsibility of the consumer.
The amount paid will be refunded within 14 days, provided that the item has been returned or proof of return has been provided.
Article 8 - Exclusion of the Right of Withdrawal
The merchant may exclude the right of withdrawal for: custom-made or personalized products; products that cannot be returned due to their nature; sealed products that have been opened by the consumer for hygiene reasons; audio/video recordings or software opened by the consumer; newspapers and magazines.
The right of withdrawal may also be excluded for services related to accommodation, transportation, catering or leisure activities on a fixed date; services started with the consumer’s consent before the end of the withdrawal period; betting and lotteries.
Article 9 - Price
During the validity period of the offer, prices will not be increased, except in the event of changes in applicable taxes.
The merchant may offer variable prices for products subject to market fluctuations.
Price increases within 3 months after the conclusion of the contract are only permitted if required by law.
No VAT will be charged for shipments outside the EU: any applicable import taxes and duties are the responsibility of the customer.
Any typographical errors in prices do not bind the merchant.
Article 10 - Conformity and Warranty
The merchant guarantees that the products conform to the contract, the product description and reasonable quality requirements.
Defects must be reported within 14 days after delivery.
The warranty is based on the manufacturer’s warranty.
The warranty does not apply in cases of damage caused by improper use, unauthorized modifications or use under abnormal conditions.
Article 11 - Delivery and Performance
The merchant undertakes to process orders with care and to deliver them within 30 days, unless otherwise agreed.
In the event of delay or unavailability, the consumer will be informed and may cancel the order.
Substitute items will be clearly identified.
The risk passes to the consumer at the time of delivery, unless otherwise agreed.
Article 12 - Duration, Termination and Renewal
The consumer may terminate open-ended contracts with a notice period of no more than one month.
Fixed-term contracts end on the agreed expiration date, unless renewal is permitted.
Automatic renewals are not permitted, except for limited-duration subscriptions to periodicals.
Trial subscriptions end automatically.
Article 13 - Payment
Unless otherwise agreed, payment must be made within 7 business days from the start of the withdrawal period.
Any errors in payment details must be communicated promptly.
In the event of non-payment, the merchant may charge reasonable costs, provided that these costs have been communicated in advance.
Article 14 - Complaints Procedure
Complaints must be submitted within 7 days with a clear description.
Complaints will receive a response within 14 days. If more time is required, the consumer will receive a message indicating the expected response time.
A complaint does not suspend the consumer’s obligations.
If the complaint is justified, the merchant will replace or repair the product free of charge.
Article 15 - Disputes
All contracts between the merchant and the consumer are governed exclusively by the laws applicable in the jurisdiction where Bennett & Wells Co. is established, unless mandatory consumer protection laws provide otherwise.