Shipping & Returns

Delivery

6.1. The Customers will receive the Products separately as soon as they are ready for shipping. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature may be requested upon delivery of the Products.

If Rebellion cannot deliver the Order for reasons that are not attributable to benimoshe, benimoshes’s Client Service will contact the Customer in order to arrange a new delivery. If, for these very reasons, the Order could not be delivered within eight (8) days following the date the Customer’s Order was available for the delivery, benimoshe will assume that the Customer wants to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from the Customer, including shipping costs (except for any additional costs arising from the choice of the Customer of delivery in reference to Section 8.8) shall be refunded and the contract has to be deemed as definitely terminated.

6.2. For security reasons, Rebellion shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.

6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries and territories indicated above (Section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries and territories shall be automatically rejected upon processing of the Order.

6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the Buy Button.

6.5. In compliance with the applicable laws currently into force, the term within which Rebellion is required to deliver the Products purchased is within a maximum of 30 (thirty) days of the date of execution of the contract (without prejudice to any different term if provided for by any local mandatory law), except where an event occurs which is beyond the reasonable control of the affected party and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epidemics, pandemics, earthquake or other adverse weather conditions (“Force Majeure Event“).

In every case in which the relevant Order refers to the Pre Ordered Products and/or the Personalized Products, the delivery date shall be longer than 30 (thirty) days and Rebellion shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.

6.6. In the event Rebellion does not deliver the Products ordered within the above term, the Customer may request that Rebellion deliver such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force. However, the Customer has legal rights if Rebellion refuse to perform the Order or deliver any Products late, including if Rebellion fails to deliver Products within such additional term.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the agreed delivery deadline.

6.7. The Customer may cancel any Order by sending an e-mail to benimoshe on the e-mail address provided at Section 14.1 below setting out the reasons for cancellation. In the event an Order contains multiple Products, the Customer can reject or cancel the Order also only for some of those Products (not all of them), if he/she wishes so, unless splitting them up would significantly reduce their value. After that, Rebellion will refund any sums the Customer has paid to Rebellion for the cancelled Products and their delivery without undue delay. If the Products have been delivered to the Customer, the Customer must either post them back to b Rebellion or (if they are not suitable for posting) allow Rebellion to collect them from the Customer as provided in the Section 8 below.

6.8. Rebellion shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped. Rebellion will charge the Customer for the Products as and when these are shipped.

6.9. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code that will allow the Customer to real-time monitor the delivery.
benimoshe’s Client Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact benimoshe’s Client Service by email at support@benimoshe.com.

6.10. Alternatively to the delivery by courier, and where applicable, the Customer may request to collect the Products purchased directly from a store which may be selected on the Website at the time of the purchase, provided that the relevant Order does not contain any Pre Ordered Products and/or any Personalized Products. In the event the Customer does not collect the Products within 30 (thirty) days of receipt of the email informing him/her that the Product is available for collection, the sale may be cancelled by Rebellion. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.

6.11. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, Rebellion shall refund the Customer any amounts already paid.

7. Product Conformity

7.1. The Products will be provided to the Customer without defects. Rebellion has complied with all EU and other applicable regulatory requirements in relation to packaging and safety of Products.

7.2. At the time of delivery, the Customer should check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer.

7.3. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the Products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. In particular, the Customer may demand replacement of the Products instead of the removal of the defect, or if the defect concerns only a part thereof, the Customer may demand the replacement of such a part, unless Rebellion thereby incurs inadequate costs with respect to the price of the Products or materiality of defect. Rebellion may always replace the defective Products with the new Products instead of removal of the defect, unless such replacement causes serious problems to the Customer.
If the Products have a defect that may not be removed and prevents the proper use of the Products, the Customer shall have the right to the replacement of the Products or the right of withdrawal from the contract. The Customer shall have the same rights if the defects may be removed but the Customer may not use the Products due to the repeated occurrence of the defect after the repair or due to a large number of defects. If the Products have other defects that may not be removed, the Customer may request either (i) a reasonable reduction in price, or (ii) termination of the contract and subsequent refund of the purchase price paid.

It is understood that the Customer shall lose such right if he/she does not notify to Rebellion the lack of conformity of the Product within 2 (two) years from the delivery of the Product, unless otherwise provided by any mandatory applicable law. If the Customer is domiciled in Bulgaria, if any damage or otherwise defect to the Product is initially visible, the Customer must inform Rebellion immediately; if damage or other defect to the Product is hidden, the Customer must inform Rebellion within six (6) months or other term if and as provided by the applicable law.

With specific reference to the France only, Rebellion is liable for any non-conformity of the Products under the agreement (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code. In addition, the statutory warranty of conformity applies regardless of any commercial warranties granted. The Customer may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

Nothing in this clause 7.3 affects the application of mandatory provisions of local consumer law more favourable to the Customer.

7.4. In order to notify the existence of Product defects and lacks and to demand one of the remedies listed above, Customers may contact Rebellion at the addresses indicated in Section 14 below.

8. Returns and refunds – Withdrawal

8.1. The Customer has the right to withdraw from the contract without any reason within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products,. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.

8.2. In order to exercise the right of withdrawal, Customers may use the specific form accessible in the “Returns” section of the Website or directly in the “My Account” section if the relevant Customer is registered on the Website (if a specific form is required for the country of the Customer this will be included). To this end, Customers shall be required to: (i) fill in the online form with the information required, (ii) apply on the parcel the sticker with the return address found therein, (iii) prompt a withdrawal request to Rebellion by sending an email to support@benimoshe.com, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier.
A form with the instructions for product returns shall be put into each parcel containing the Products purchased. Rebellion shall send the Customer an e-mail confirmation that it has received the withdrawal notification without undue delay.

8.3. In the event the Customer complies with the procedure set forth in the preceding Section, the courier appointed by Rebellion shall collect the parcel containing the Products to be returned with no charges to the Customer.
If, on the other hand, the Customer does not comply with such procedure, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by the Customer.

8.4. The Customer may also be communicated the address the Products must be returned to by contacting Rebellion at the following email address: support@benimoshe.com

8.5. The Customer undertakes to return the Products for which he/she has exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to Rebellion. The right of withdrawal cannot be exercised with reference to Products that, due to health protection or hygiene reasons (including but not limited to perfumes, underwear, make-up and skincare, etc.), cannot be returned if the sealing label or cellophane and/or the original packaging have been opened, damaged, altered or removed.

8.6. Without prejudice to the above Section 8.5, Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that he/she has checked the Product in exactly the same way as the Customer would do in a shop, meaning that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. Rebellion shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
Rebellion reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased, or whose original sealing label or cellophane has been opened, damaged, altered or removed.

In the event the return is rejected, Rebellion shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving as well the right to claim compensation for any damage attributable to the Customer’s behaviour, including in case he/she shall not collect, or shall not allow the delivery of, returned Products rejected by Rebellion.

8.7. Rebellion shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which Rebellion becomes aware of the exercise by the Customer of the right of withdrawal.
In any event, Rebellion reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by the Customer with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer and provided that no costs are incurred as a result of the refund.
Rebellion shall inform the Customer by email of refund of the amount.

8.8. Rebellion shall not be under the obligation to refund the delivery costs of the Products in the event the Customer has specifically selected a delivery method other than the standard delivery offered by Rebellion.

8.9. The return of Products under this Section is only permitted in respect of purchases made on the Website.

8.10. In consideration of the fact that the Personalized Products are products permanently modified, and personalized specifically for the Customer, and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer in relation to any Personalized Products. Accordingly, the provisions contained in this Section 8 will not apply to the Personalized Product, being understood that the exclusion of the Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the above Section 7, also to such Products.

9. Limitation of liability

9.1. If Rebellion fails to comply with these General Terms and Conditions of Sale, Rebellion is responsible for losses or damages Costumer suffers that are a foreseeable result of Rebellionbreaking this contract or Rebellion failing to use reasonable care and skill, but to the extent permitted by applicable law, Rebellion is not responsible for any loss or damage that is not foreseeable and cannot be avoided. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Rebellion and Customer knew it will happen, for example, if Customer discussed it with Rebellion during the sales process.

9.2. benimoshe does not exclude or limit in any way its liability to Customer where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by Rebellion’s negligence or the negligence of Rebellion employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) infringement of the Customer’s legitimate rights in relation to the Products under applicable mandatory consumer protection legislation; and (iv) defective products under all applicable consumer protection laws.

9.3. Subject to paragraph 9.2, and to the extent permitted by law, Rebellion total liability to Customer in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order. This limitation will not apply however if Customer is domiciled in Slovakia, Poland, Bulgaria and Croatia.

10. Product authenticity and intellectual property rights

10.1. benimoshe warrants the authenticity and high quality of all the Products offered for sale on the Website.

10.2. The “benimoshe” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “benimoshe” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the rebellion Group AG and Barone FOS AG. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.

11. Retention of the Agreement

11.1. With specific reference to France only, according to the local applicable law, benimoshe will store and archive on any medium, for a period of 10 years, all agreements entered into with the Customer for a value of €120 or more and the Customer will be able to access them at any time. This right of access may be exercised at any time by contacting support@benimoshe.com or the E-commerce Client Service of the rebellion group AG, Zugerstrasse 74, 6340 Baar.

12. Disputes

12.1. The General Terms and Conditions of Sale hereof are governed by Swiss law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.

12.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where the Customer is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event the Customer’s domicile or residence is not located in Switzerland or EU, the Customer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled.

12.3. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, where applicable, the Customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr, or:

(i) in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;

(ii) in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee.

(iii) in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, www.ptac.gov.lv/en);

(iv) in Lithuania, the State Authority for the Protection of Consumer Rights, Vilnius g.25, 01402 Vilnius, www.vvtat.lt;

(v) in Slovakia, pursuant to Act No. 391/2015 on the Alternative Dispute Resolution Platform for Consumer Disputes, as amended;

(vi) in Finland the Customer may also contact the Finnish Consumer Disputes Board available on the website www.kuluttajariita.fi/en/index.html (however, the Customer should first contact the Consumer Advisory Services at https://www.kkv.fi/en/consumer-advice/);

(vii) in France the Customer may also contact the mediation service provided by the Fédération du e-commerce et de la vente à distance (“FEVAD”) at the following address: http://www.mediateurfevad.fr/;

(viii) in Norway the Customer may also contact Forbruker Europa, available on the website https://forbrukereuropa.no/;

(ix) in Sweden the Customer may also contact the Allmänna reklamationsnämnden (National Board for Consumer Disputes (ARN)), available on the website www.arn.se.

12.4. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts, pursuant to the provisions of Section 12.2. above.

13. Severability

13.1. Should any provision of these General Terms and Conditions of Sale be held invalid under any applicable law, regulation or final decision of a competent court, all other provisions herein shall remain in full force and effect.

14. Contact details

14.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to support@benimoshe.com or contact the E-commerce Client Service at rebellion group AG, Zugerstrasse 74, 6340 Baar.

Last updated: October 18^th, 2023