General Terms of Sale for the BENGUARD website

General Provisions

The www.benguard.com / www.benguard.fr website belongs to BALIN ENGINEERING and is operated by the latter.

Access to the products offered on the BENGUARD site is exclusively for individual consumers.

Professional buyers are requested to contact BENGUARD's customer service department using this form.

Any transaction made on the BENGUARD site is governed by these general terms of sale to the exclusion of any other conditions.

BENGUARD reserves the right to modify these general terms of sale at its sole discretion.

The general terms of sale applicable are those in force on the day of confirming the order.

The fact that BENGUARD does not enforce any one of these terms at any given time shall not be construed as waiving the right to enforce the same clause in the future.

PRODUCTS

BENGUARD is an alarm device that warns of the movement of objects placed under the surveillance of a sensor that reacts to movement (page "FAQ/How does a BenGuard® work?").

The BENGUARD device does not prevent objects being stolen.

The Customer declares that he is perfectly aware of the conditions of use of BENGUARD devices (operating environment, sensor range, etc.) as described in the FAQ page of the BENGUARD website.

In spite of the care taken with the description of the products and their photographic representation, it is possible, given the method of presenting the products in the photographs, that customers' perception of the products may not correspond exactly to the product itself and that small differences may be seen.

ORDERS

The Customer declares and guarantees that he has the legal capacity to enter into and commit to a contract.

The choice of BENGUARD products is made under the sole responsibility of the Customer.

The Customer must complete the order form on the "BASKET" page, completing all the required fields, in particular the e-mail address, and creating a password.

Only one customer account may be created per person and per home.

Once the order is correctly completed and saved, the Customer becomes the holder of a personal account, which he can access using a password.

The Customer is solely responsible for using and keeping his password, and shall take all necessary measures to keep it confidential.

In the event of the loss, theft or improper communication of the password to a third party, the Customer must inform BENGUARD immediately, and it will forbid access to the BENGUARD site using the password concerned immediately and allocate a new password.

VALIDATION AND ACCEPTANCE OF THE ORDER AND ITS CONDITIONS

The order validation procedure, by successive data entries, enables the Customer to modify his order before validating it and finally saving it.

By checking the box " I agree to the Terms of Service and will adhere to them unconditionally." and then by selecting a means of payment, the Customer confirms the order as well as his full and unreserved acceptance of all these general terms of sale.

The validated order is saved at BENGUARD, which automatically sends an order confirmation by e-mail.

PROOF OF THE TRANSACTION – ARCHIVING

The order confirmation associated with the procedures for password identification, automatic order saving and protection of all the messages in the BENGUARD computer system constitutes proof of the nature, content and date of the order as well as the Customer's consent.

Order forms and invoices are archived on a reliable and durable medium kept in reasonable conditions of security at BENGUARD.

The Customer has access to his order history and invoices in his Client account.

PRICES

Sale prices given in the product descriptions are inclusive of VAT and delivery charges for France, Switzerland and the European Union, but do not include any particular insurance that may be requested by the Customer.

Prices may be modified by BENGUARD at any time, although the products will be invoiced at the price in force at the time of placing the order.

For orders from countries outside the European Union, please contact BenGuard using this form.

PAYMENT

Purchases are payable in Euros at the time of placing the order 

-          by certified cheque made out to BALIN ENGINEERING

-          by bank transfer to the account specifed after order confirmation.

The order will be shipped once the cheque / transfer has been credited to BALIN ENGINEERING's account.

Whatever the method of payment chosen, BENGUARD's customer service department may ask the Customer, to secure the order, for further information (copy of an identity document, proof of address, etc.) in order to validate the purchase and ship the products ordered.

BENGUARD retains ownership of the goods until the price of those goods is paid in full.

Payment is deemed to have been made once the amount is effectively and irrevocably credited to BENGUARD's bank account.

DELIVERY

Sale prices given in the product descriptions are inclusive of VAT and delivery charges for France, Switzerland and the European Union, but do not include any particular insurance that may be requested by the Customer.

Deliveries will be made to the customer's home address as indicated in the customer account details and within a timeframe confirmed by BENGUARD by e-mail.

The maximum delivery time is 30 days from the validation of the order and receipt of the payment, unless the Customer is informed otherwise before placing the order.

Delivery is understood as the first presentation of the parcel by the carrier.

The Customer has the option of cancelling his order if it has not been delivered within 7 business days of the delivery date given by BENGUARD.

The Customer will then be refunded for all amounts paid at the latest within 30 days, and BENGUARD shall not be liable for any penalties or compensation.

The Customer or another person authorised by him must check the product upon delivery and sign the carrier's delivery note.

Any anomaly, missing product or damage found in the delivery must be mentioned on the delivery note and confirmed within 48 business hours of receipt by registered letter with acknowledgment of receipt sent to the carrier, with a copy to BENGUARD.

The product must be returned to BENGUARD as it is, in its original packaging, otherwise no complaint will be accepted.

The goods shall be deemed accepted by the Customer, unless the latter implements the provisions of this clause.

The Customer may track his order at any time via his customer account or by contacting BENGUARD's customer service department.

INSTALLATION

The products must be installed in a place and environment suited to the BENGUARD device.

Products are installed and activated by the Customer himself under his sole responsibility, scrupulously following the instructions given in the installation leaflet.

In particular, the Customer is reminded that he must begin the installation by activating at most the 3 sensors the furthest away from the supervisor in order to validate the device's range in the Customer's specific environment.

In the event of any difficulties, the Customer may contact BENGUARD's customer service department, from Monday to Friday, from 9 am to 7 pm, on the following numbers: +33(0)6 09 37 41 26 or +33(0)9 61 25 47 98.

BENGUARD's warranty shall not apply and it shall assume no liability if these installation instructions are not followed.

NON-COMPLIANCE – RETURNS – COOLING OFF PERIOD

Any non-compliance of the goods or error as regards the order must be reported by e-mail to BENGUARD, stating the grounds for the claim within 48 hours of delivery.

Any non-compliant product must be returned in its original packaging by post to BENGUARD's address, accompanied by a copy of the delivery note.

BENGUARD will replace non-compliant goods or refund the price.

The Customer is also informed that, as long as he has the status of "consumer" under French law, he has a right to a cooling off period of 14 days following the delivery of the product during which he may change his mind.

If this period expires on a public holiday or unworked day, it shall be extended to the next working day.

Before returning any goods, in order to simplify and facilitate the processing of the claim, it is strongly recommended that the Customer inform BENGUARD's customer service department at the address below, quoting his order number.

In all cases, it is indispensable that BENGUARD be able to identify the order and the Customer who is returning the product so that he can be refunded as promptly as possible.

The Customer is therefore asked to enclose with the goods returned the delivery note sent with his order or downloadable from his customer account.

If the Customer has changed his mind, the product must then be returned to BENGUARD, at the Customer's own expense, in its original packaging, intact, accompanied by all the accessories, instruction leaflets and in perfect condition for resale, along with the invoice and a "RIB" slip with the customer's bank details.

Goods must be returned to BENGUARD's address, which can be found on the delivery note.

Whenever goods are returned, whatever the reason, the sensors must be de-activated first in order to avoid (i) the battery running down completely, which would render it unusable, and (ii) any problems during transport.

The procedure for de-activating the sensors can be found in the installation leaflet as well as on the website (FAQ page / "How to de-activate the system?").

Non-de-activated, incomplete, damaged or soiled products will not be taken back.

The product will be exchanged or the Customer refunded (excluding the cost of the return) within a maximum of 30 days of receiving the product.

PRODUCT WARRANTY

Generally, the Customer may rely on:

-          if he is the consumer, the legal guarantee of conformity under Articles L. 211-1 et seq of the Consumer Code;

-          the legal warranty on latent defects under Articles 1625 et seq of the Civil Code.

Only manufacturing defects in goods are covered by the legal warranty on latent defects.

The warranty is limited to the repair or replacement of the product or its parts recognised as defective.

The Customer must notify BENGUARD of its claim in writing, giving reasons.

All returns of goods under the warranty must be approved in writing by BENGUARD first.

Failing that, BENGUARD shall be entitled to refuse any products returned.

The warranty shall not apply to visible defects which were not the subject of reservations reported in accordance with the clause on NON-COMPLIANCE above, or to defects or damage caused by natural wear or any external event (electrical or atmospheric voltage surges, for example), or when the alleged defect is due in particular to incorrect handling, negligence, modification of the product, incorrect use, poor maintenance, repairs or other interventions made by the Customer or by any other person not approved by BENGUARD, or in the event of the removal of incidents recorded from the log in the supervisor.

LIABILITY

The Customer has checked that the BENGUARD products meet his needs taking account the constraints of use and environment duly explained by BENGUARD.

BENGUARD may not be held liable on any account for a poor choice of products, incorrect installation or any use not compliant with the instructions for use.

BENGUARD will replace defective goods or refund the price, but offers no other guarantee or compensation.

BENGUARD may not be held liable for the non-fulfilment of the order or its incorrect fulfilment where this is attributable either to the Customer or to some unforeseeable or insurmountable event attributable to a third party, or a case of force majeure.

BENGUARD's liability expressly excludes any consequential or material loss due to any indirect damage (in particular operating loss, loss of clientele, damage to reputation, etc.) as well as the theft of items placed under the surveillance of a BENGUARD sensor.

You are reminded once again that the BENGUARD device does not prevent theft, but simply constitutes a method of alerting the user when movement is detected.

BENGUARD's liability, in the event of any claim, will in all cases be limited to the price of the goods purchased by the Customer.

END OF PRODUCT LIFE

The Customer is clearly informed that the BENGUARD device has a limited lifespan (FAQ page / " What is the lifetime of the BenGuard® sensor?").

The lifespan of a BENGUARD sensor is 40,000 communications with the supervisor, or approximately 5 years after activation, if the instructions for use in the instruction leaflet are followed.

The Customer must ensure the product is disposed of in accordance with the applicable regulations on selective waste sorting.

BENGUARD may not on any account be held liable for any incorrect management of waste from electrical or electronic goods sold to the Customer.

PERSONAL DATA

BALIN ENGINEERING is responsible for processing the personal data provided by the Customer.

The data collected on the BENGUARD website have been declared to the CNIL, registration number 1704434.

Information provided when placing orders is intended for use by BENGUARD to process and track orders, to provide after sales services for goods ordered on the BENGUARD website, as well as for marketing and customer relations purposes.

Under no circumstances are such personal data sold to or exchanged with any third parties for commercial purposes, or used by BENGUARD for commercial purposes, without obtaining the prior consent of the Customer, except to offer the Customer identical or similar BENGUARD products.

The Customer has a right of access and rectification concerning all the information in the file thus constituted, which he may exercise by contacting the administrator of the BENGUARD website using this form.

DISPUTES

The Customer and BENGUARD shall do everything possible to reach an amicable settlement to any dispute that may arise from the application of these general terms of sale, by calling BENGUARD's customer service department, which is authorised to take all useful measures to resolve disagreements.

In the event of any difficulties arising in the application of these general terms of sale, we invite you to seek an amicable solution by contacting the customer service department.

Any dispute arising as a result or on the occasion of the performance or interpretation of these general terms of sale shall be subject to the jurisdiction of the competent courts under French law or the directives and regulations of the European Union in the case of orders placed by Consumers abroad.

These general terms of sale are governed by French law.