- GENERAL TERMS AND CONDITIONS OF SALE -
ARTICLE 1 – SELLER IDENTIFICATION
These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) govern sales made through the BenSculpt Creations website.
The seller is:
· Trade name: BenSculpt Creations
· Full name: Benjamin Cazenave
· Legal status: Sole trader (French micro-entrepreneur)
· Business address: 32810 Montaut-les-Créneaux – Gers – FRANCE
· SIRET number: 81335824900023
· Email address: cazbenj@gmail.com
Hereinafter referred to as the “Seller”.
These GTC apply to all orders placed by private individuals or business customers through the BenSculpt Creations website, unless specific terms have been expressly agreed upon in writing.
ARTICLE 2 – PURPOSE AND SCOPE
BenSculpt Creations is an independent artistic and sculptural business specialising in handcrafted creations, including original sculptures, busts, statues, figurines, replicas and decorative objects.
The creations offered may be produced using a range of complementary techniques, including traditional sculpting, modelling, mould-making, resin casting, digital sculpting, 3D printing, assembly, painting and hand-applied finishing.
These GTC define the rights and obligations of the Seller and the customer in connection with browsing the website, placing an order, payment, any subsequent manufacturing process and delivery.
By placing an order, the customer confirms that they have read and accepted these GTC before finalising their purchase.
The Seller reserves the right to amend these GTC at any time. The applicable terms are those in force on the date the customer confirms their order.
Any subsequent amendments shall not apply retroactively to orders that have already been confirmed.
ARTICLE 3 – PRODUCTS AND CHARACTERISTICS OF THE CREATIONS
The products offered are described and presented with the utmost care.
Each product listing provides the essential information enabling customers to understand the characteristics of the creation offered, including the nature of the product, dimensions, main materials, finishes, available options, price and availability.
Photographs, illustrations and visuals displayed on the website are intended to represent the creations as accurately as possible.
However, as the products are handcrafted, minor variations may occur between individual pieces, particularly in paint shades, surface effects, finishes or certain details resulting from the manual production process.
Such variations, which are inherent to the manufacturing process, shall not in themselves constitute a lack of conformity, provided that the essential characteristics of the product are respected.
Dimensions are provided for information purposes and may vary slightly due to the manufacturing processes used.
The creations offered are primarily intended for decorative purposes.
Any specific precautions for use, handling instructions or warnings will be supplied with the item where necessary.
ARTICLE 4 – PRODUCT AVAILABILITY
Products are offered subject to stock availability or the Seller’s production capacity.
Several situations may apply:
· Available: the product has been manufactured and is ready for dispatch.
· Pre-order: the product is not immediately available and will be manufactured or prepared at a later date.
· Limited edition: the product is offered in a limited quantity, which may be individually numbered.
· Sold out: no copies are currently available to order.
For limited editions, the total number of copies will be specified whenever this information is known and applicable.
Where a product is advertised as a limited edition, the Seller undertakes to respect the announced quantity for that edition.
If a product becomes permanently unavailable after an order has been confirmed, the customer will be informed as soon as possible and may choose between a full refund of the amounts paid or an alternative solution proposed by the Seller.
ARTICLE 5 – PRICES AND PRICING CONDITIONS
Prices are displayed in euros (€), unless otherwise stated.
The applicable price is the one displayed on the product listing at the time the order is confirmed.
Shipping costs are indicated separately before the final confirmation of the order.
Any additional mandatory charges will be communicated to the customer before they commit to the purchase.
The Seller reserves the right to amend prices at any time. However, any price change shall not apply to an order that has already been confirmed.
ARTICLE 6 – ORDERING AND CONFIRMATION
The customer selects the products they wish to purchase and provides the information necessary for the proper processing of their order.
Before making payment, the customer may review the contents of their basket, quantities, selected options, delivery details and total amount payable.
Final confirmation of the order constitutes acceptance of these GTC and an obligation to pay.
The customer guarantees that all information provided is accurate, particularly their identity, email address and delivery address.
The Seller cannot be held responsible for any consequences arising from an incorrect or incomplete address supplied by the customer, subject to the Seller’s legal obligations.
An order confirmation will be sent to the customer by email.
The sales contract is formed once the order has been accepted and confirmed by the Seller, subject to receipt of the required payment.
The Seller reserves the right to contact the customer in the event of an obvious irregularity in an order or where additional information is required to process it.
ARTICLE 7 – PAYMENT TERMS
Orders must be paid for using the payment methods available on the website at the time of purchase.
Payments are processed through secure payment service providers.
The Seller does not have access to the customer's full banking details when these are processed directly by the payment providers.
Unless otherwise agreed, orders must be paid in full before dispatch.
Specific payment arrangements for pre-orders are set out in Article 8.
The Seller reserves the right to suspend the processing of an order in the event of a declined, incomplete or potentially fraudulent payment.
ARTICLE 8 – PRE-ORDERS, DEPOSITS AND ORDER COMMITMENT
8.1 – Pre-order arrangements
Pre-orders concern creations that may not be immediately available and whose manufacture, preparation or finishing will take place after the order has been confirmed.
These may include sculptures produced in multiple copies, limited editions, busts, statues or original creations.
Before purchasing, the customer will be informed that the product is available on a pre-order basis, together with the expected availability date or estimated production period.
The stated timeframes are based on the constraints of handcrafted production and the Seller’s available production capacity. Where expressly described as estimates, they should be understood as such.
The Seller will inform the customer of any significant delay as soon as they become aware of it.
8.2 – Payment of a 30% deposit
For any pre-order paid in instalments, a deposit of 30% of the total order price is payable when the order is confirmed.
This payment constitutes a contractual deposit (acompte under French law), not earnest money (arrhes).
It represents the contractual commitment of both the customer and the Seller regarding the production and supply of the ordered creation.
The amount of this deposit reflects the initial expenses normally required to launch an artisanal project.
Depending on the nature of the creation, it may cover:
· The purchase of raw materials, resins, silicones and supplies.
· Consumables and materials required for manufacturing.
· Project preparation and organisation time.
· The commencement of manufacturing operations.
· Production costs incurred as soon as the order is confirmed.
· The allocation of the production capacity required to complete the piece.
The customer acknowledges that these expenses may be incurred as soon as the pre-order is confirmed.
The remaining 70% is payable in accordance with the terms set out in this article.
8.3 – Full payment at the time of pre-order
Where this option is available, the customer may also choose to pay for their order in full when placing the pre-order.
In this case, the entire purchase price is collected when the order is confirmed.
In the event of cancellation attributable to the customer, other than the exercise of a statutory right of withdrawal or another circumstance giving rise to a legal right to a refund, the Seller may seek compensation for the expenses and losses directly resulting from the cancellation.
Such compensation may take into account the initial costs described in Article 8.2, provided that they are duly substantiated and remain within the limits of the amounts legally recoverable.
8.4 – Cancellation at the customer's initiative
Except where the customer exercises a statutory right of withdrawal or another legal ground for a refund applies, any unilateral request to cancel a confirmed order may give rise to the customer's contractual liability.
The Seller may then seek compensation for the loss directly incurred, taking into account, in particular:
· Raw materials and supplies specifically purchased for the order.
· Consumables already used.
· Preparation and manufacturing work already carried out.
· Production expenses actually incurred.
· Direct costs relating to the order that cannot be recovered.
Amounts already paid may be offset against this compensation, within the limits of the amounts legally recoverable.
If the substantiated loss is lower than the amounts already paid, the difference will be refunded to the customer.
If the loss exceeds the amount already paid, the Seller may seek payment of the outstanding difference, provided that the claim can be substantiated.
8.5 – Completion of production and payment of the balance
Once the creation has been completed and is ready for dispatch, the Seller will notify the customer by email that the item is available.
The outstanding balance must be paid within three (3) months of this notification.
A reminder may be sent to the customer before this period expires.
If payment is not received despite a written reminder, the Seller may formally request payment and allow a further reasonable period for the customer to settle the outstanding amount.
If the customer fails to do so, the Seller may take the necessary steps to terminate the contract and, where applicable, seek compensation for the loss actually incurred.
The treatment of amounts already paid will be determined in accordance with the applicable legal provisions and the compensation principles set out in this article.
8.6 – Production and delivery delays
Manufacturing times may vary depending on the complexity of the creations, technical constraints, material availability and production workload.
Nevertheless, the Seller undertakes to comply with the delivery period announced to the customer or, where justified, to provide an updated estimate.
In the event of a delay, the customer's rights shall be those provided for under the applicable legal provisions governing delivery and the termination of distance contracts.
Nothing in this article shall deprive the customer of their right to request ter
mination of the contract where the statutory conditions are met, or of their right to a full refund of the amounts due in such circumstances.
ARTICLE 9 – CUSTOM CREATIONS AND SPECIAL ORDERS
Certain creations may be made to order or adapted at the customer's request.
Where necessary, such orders will be subject to a quotation specifying the characteristics of the project, its price, estimated timeframe and payment terms.
Any specific requirements requested by the customer must be approved in writing before manufacturing begins.
Where an order concerns goods made to the consumer's specifications or clearly personalised, the statutory right of withdrawal may be excluded in accordance with Article L221-28 of the French Consumer Code.
This exception does not automatically apply to all creations manufactured after an order has been placed. It applies only to products that genuinely meet the legal criteria for personalisation.
If the customer requests changes after the project has been approved, an adjustment to the price and timeframe may be proposed.
No substantial changes will be made without the customer's prior agreement.
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1 – Statutory withdrawal period
In accordance with Articles L221-18 et seq. of the French Consumer Code, consumers have fourteen (14) calendar days to exercise their right of withdrawal in relation to distance sales, without having to provide a reason or pay a penalty.
For sales of goods, this period begins on the day after the customer, or a third party designated by the customer other than the carrier, physically receives the product.
Where an order consists of several products delivered separately, the withdrawal period begins on the day after receipt of the last product.
10.2 – Exercising the right of withdrawal
The customer must communicate their decision to withdraw by means of an unequivocal statement.
This request may be sent by email to the address provided in Article 1 or by any other legally accepted means.
The customer may also use the standard withdrawal form included in the appendix to these GTC.
Simply returning the product without clearly stating the intention to withdraw is not sufficient to exercise this right.
10.3 – Returning the product
After notifying the Seller of their decision to withdraw, the customer has a maximum of fourteen (14) days to return the product.
The direct costs of returning the product are borne by the customer, unless otherwise required by law or agreed between the parties.
Given the handcrafted and sometimes fragile nature of the creations offered, customers are advised to use suitable protective packaging and a tracked shipping service.
Taking out insurance covering the value of the product is strongly recommended.
Returning the product in its original packaging is preferable but is not a mandatory condition for exercising the right of withdrawal.
10.4 – Condition of returned products and depreciation
The customer may handle and inspect the product to the extent necessary to establish its nature, characteristics and proper functioning, as they would be able to do in a physical shop.
However, the customer may be held liable for any reduction in the product's value resulting from handling beyond what is necessary to carry out such an inspection.
Any deduction from the refund may only relate to actual and substantiated depreciation.
The Seller may take into account damage, missing components or deterioration resulting from excessive or inappropriate handling.
A refund may not be automatically refused solely because the original packaging has not been retained.
10.5 – Refunds
Where the right of withdrawal is validly exercised, the Seller will refund the amounts due, including the standard delivery costs initially charged.
The refund will be made no later than fourteen (14) days from the date on which the Seller is informed of the customer's decision to withdraw.
For sales of goods, the Seller may withhold the refund until the products have been recovered or until the customer has provided proof that they have been dispatched, whichever occurs first.
Any additional costs resulting from the customer's choice of a more expensive delivery method than the standard option offered will not be refunded.
Refunds will be made using the original payment method, unless the customer agrees otherwise and provided that this is permitted by law.
10.6 – Exceptions to the right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply, in particular, to goods made to the consumer's specifications or clearly personalised.
This exception may apply, for example, to a creation made specifically according to personal characteristics requested by the customer, where those characteristics make the product sufficiently individualised.
ARTICLE 11 – RETURNS OUTSIDE THE STATUTORY WITHDRAWAL PERIOD
Outside the statutory right of withdrawal, returns will only be accepted with the Seller's prior written agreement.
This procedure does not affect the customer's rights under statutory warranties or the Seller's legal obligations regarding product conformity.
No voluntary commercial return may be imposed on the Seller outside the circumstances provided for by law or a specific agreement.
ARTICLE 12 – DELIVERY AND SHIPPING
Products are shipped to the delivery address provided by the customer when placing the order.
Available delivery methods, corresponding shipping costs and estimated delivery times are displayed before the purchase is finally confirmed.
Delivery periods begin once the product is actually available and, for pre-orders paid in instalments, after the full outstanding balance has been received.
The Seller undertakes to provide a delivery period or date in accordance with the applicable legal requirements.
Delivery times may vary depending on the destination, customs formalities and constraints specific to international transport.
12.1 – Packaging and protection
As the creations may be fragile, the Seller takes particular care to ensure that they are properly protected and packaged before dispatch.
Products are packed using materials and methods suited to their nature, weight and the foreseeable conditions of transport.
12.2 – Receipt of goods and transport damage
Customers are advised to check the external condition of the parcel upon delivery and to promptly report any visible damage to both the carrier and the Seller.
Customers are also advised to retain the packaging, photograph any damage and provide the relevant information required to process the claim.
However, failure to make a note of damage at the time of delivery does not deprive the customer of their legal rights against the Seller.
12.3 – Delivery delays
If the announced delivery period is exceeded, the customer may request that the Seller complete delivery within an additional reasonable period, in accordance with the French Consumer Code.
If the Seller fails to do so within that period, the customer may terminate the contract in accordance with the applicable legal provisions.
In circumstances provided for by law, the customer may terminate the contract immediately without granting an additional period.
Where the contract is validly terminated due to failure to deliver, all amounts paid will be refunded in full within the statutory timeframe.
12.4 – Incorrect address or uncollected parcels
The customer is responsible for ensuring that the delivery address provided is accurate.
If the address is incorrect or incomplete, the customer must contact the Seller as soon as possible.
If a parcel is returned to the Seller because of an incorrect address attributable to the customer or because the parcel was not collected, a new shipment may be arranged after payment of the corresponding additional shipping costs, within the limits permitted by law.
Nothing in this article shall prevent the customer from exercising their statutory rights.
ARTICLE 13 – INTERNATIONAL SHIPPING, CUSTOMS AND TAXES
BenSculpt Creations may offer delivery to France, countries within the European Union and other international destinations, subject to the destinations actually made available at the time of ordering.
For shipments to destinations outside France, local taxes, customs duties, customs clearance charges or administrative fees may be payable when the parcel arrives.
Unless expressly stated otherwise at the time of purchase, these charges are the responsibility of the recipient.
Customers are advised to check with their local customs authorities before placing an order.
Customs procedures and processing times may cause delays beyond normal shipping times.
The Seller will provide the customs documentation required for shipment in accordance with the applicable regulations.
Information relating to the nature, value and origin of the goods will be declared in accordance with customs requirements.
The Seller cannot be held responsible for additional charges lawfully imposed in the destination country, subject to the Seller's own legal obligations and the information provided to the customer before the order is placed.
If a destination is not available at checkout, customers may contact the Seller to enquire about the possibility of arranging a specific shipment.
ARTICLE 14 – STATUTORY WARRANTIES
All products sold benefit from the statutory warranties applicable under the relevant legislation.
These warranties apply independently of any additional commercial warranty that may be offered.
ARTICLE 15 – USE AND CARE INSTRUCTIONS FOR THE CREATIONS
BenSculpt Creations products are handcrafted pieces intended primarily for decorative purposes.
Some pieces may contain thin, fragile or pointed elements, or components that may become detached.
Customers are advised to handle products with care and to keep them out of the reach of young children where their design makes this necessary.
Products should not be exposed to excessive temperatures, direct heat sources, impacts or conditions that could damage their materials or finishes.
Any specific instructions supplied with individual products must be followed.
These precautions do not limit the customer's statutory warranty rights.
ARTICLE 16 – LIABILITY
The Seller undertakes to fulfil orders with due care and diligence.
The Seller shall not be held liable for failure to perform or improper performance resulting from the customer's actions, a third party to the contract or an event of force majeure, subject to the conditions laid down by law.
Nothing in these GTC shall exclude or limit the Seller's liability in circumstances where such exclusion or limitation is prohibited by law.
In particular, the Seller cannot avoid their legal obligations concerning delivery, product conformity, product safety or consumer rights.
With regard to the operation of the website, the Seller does not guarantee that the website interface will be permanently and continuously available, particularly in the event of maintenance or a technical incident beyond the Seller's control.
ARTICLE 17 – INTELLECTUAL PROPERTY
All original content available on the BenSculpt Creations website, including photographs, texts, illustrations, graphic designs, original sculptures and visuals created by the Seller, remains protected under the applicable intellectual property laws.
Unless prior written permission has been obtained, any reproduction, representation, distribution, commercial exploitation or modification of these elements is prohibited, subject to the provisions of the French Intellectual Property Code.
Purchasing a physical creation does not grant any rights to reproduce, manufacture, distribute or commercially exploit that creation.
The creations offered for sale may, depending on the circumstances, be original works, sculptures inspired by existing fictional universes or replicas of objects and characters.
Any rights held by third parties in relation to the characters, trademarks, works or universes represented remain reserved. The sale of a physical item does not grant any rights over these elements.
ARTICLE 18 – PERSONAL DATA
Personal data collected when an order is placed is necessary for processing the order, managing the commercial relationship, invoicing, shipping and complying with the Seller's legal obligations.
This data may be shared with service providers involved in payment processing, website hosting, order management and delivery.
The Seller ensures that personal data is processed in accordance with the applicable regulations, particularly the General Data Protection Regulation (GDPR).
Data is retained for as long as necessary to fulfil the purposes for which it was collected and to comply with applicable legal obligations.
In accordance with the regulations, customers have, in particular, the right to access, rectify and erase their personal data, restrict its processing and, in certain circumstances, object to processing and request data portability.
These rights may be exercised by contacting the Seller using the email address provided in Article 1.
Detailed information concerning data processing, retention periods, cookies and the procedures for exercising these rights is available in the website's Privacy Policy.
Banking and payment data is processed by the relevant payment service providers in accordance with their own security and privacy policies.
ARTICLE 19 – FORCE MAJEURE
Neither party shall be held liable for any delay or failure to perform resulting from an event constituting force majeure within the meaning of Article 1218 of the French Civil Code.
This may include exceptional events beyond the control of the parties which genuinely prevent contractual performance, provided that the legal conditions are met.
The affected party shall inform the other party as soon as reasonably possible.
If the impediment becomes permanent or the statutory conditions for termination are met, the contract may be terminated in accordance with the applicable legal provisions.
Any amounts due following termination of the contract shall be refunded in accordance with the law.
ARTICLE 20 – COMPLAINTS AND CUSTOMER SERVICE
For any questions concerning an order, product, payment, delivery or difficulty encountered while using the website, customers may contact the Seller:
· By email: [To be completed]
· Through the contact form available on the BenSculpt Creations website.
· By post: to the business address provided in Article 1.
The Seller will endeavour to respond as soon as possible.
ARTICLE 21 – BUSINESS CUSTOMERS
These GTC are primarily intended for sales made to private individual consumers.
Where an order is placed by a business customer in connection with their professional activity, certain provisions of the French Consumer Code shall not apply.
Specific terms agreed upon in writing between the Seller and the business customer may supplement or replace the corresponding provisions of these GTC.
In the absence of specific terms, the contractual provisions applicable to business-to-business transactions shall be those laid down by the relevant regulations.
ARTICLE 23 – GOVERNING LAW AND INTERNATIONAL DISPUTES
These GTC are written in French.
For customers residing in France, sales are governed by French law, subject to any mandatory legal provisions that may apply.
For customers residing abroad, French law may also apply under the conditions laid down by the rules of private international law.
However, where a customer is a consumer residing in another country and the Seller directs their business activities towards that country, the choice of French law shall not deprive the customer of the protection afforded by the mandatory provisions of the law that would otherwise apply in the absence of such a choice.
Any disputes shall be submitted to the courts having jurisdiction in accordance with the applicable legal rules.
Nothing in these GTC shall deprive a consumer of any rules governing jurisdiction to which they are legally entitled.
ARTICLE 24 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The customer acknowledges that they have read these General Terms and Conditions of Sale before confirming their order and accepts them without reservation, subject to any mandatory rights granted to them by law.
The applicable version is the one in force at the time the order is confirmed.
A copy of the applicable terms will be made available to the customer on a durable medium, in particular by email or by any other means allowing them to be stored and reproduced.