Applicable to all transactions via benclaire.com
1. SCOPE OF APPLICATION
This website is intended exclusively for professional clients (B2B). By placing an order, the client expressly declares that they are acting in the exercise of their commercial, industrial or professional activity, and shall not be considered an end consumer under Portuguese Law, Decree-Law No. 24/2014 of 14 February, and any other applicable consumer protection legislation.
Benclaire, Sociedade Unipessoal Lda, headquartered in Portugal, sells products under the Benclaire brand worldwide. These General Terms & Conditions of Sale (hereinafter “T&C”) apply to all distance sales initiated on benclaire.com, including by telephone, email or any other form of assistance provided by Benclaire’s commercial staff.
The term “Client” designates any company, self-employed professional or registered entity that enters into a commercial relationship with Benclaire for purposes primarily related to their activity, business or profession.
By placing an order, the Client acknowledges and fully and unconditionally accepts these T&C, which form an integral and substantial part of the agreement entered into with Benclaire. Benclaire reserves the right to refuse or cancel orders whenever there are reasonable grounds to believe the website is being used by end consumers.
2. PRICING
All prices shown are per unit, expressed in euros (€) and exclude VAT at the legal rate in force in Portugal (currently 23%), as well as shipping costs. Benclaire reserves the right to discontinue products or change specifications and prices without prior notice. The applicable price is the one in force on the date of acceptance of the proforma invoice by the Client.
3. ORDERS AND PAYMENTS
Orders are considered valid after formal acceptance of the proforma invoice by the Client. The production process begins only after confirmation of a minimum payment of 50% of the total order value. The production lead time is calculated from that date.
The remaining balance (50%) is due no later than 3 business days before the dispatch date. All goods remain the property of Benclaire until full payment is received (retention of title, pursuant to Article 409 of the Portuguese Civil Code).
Payment must be made by bank transfer in euros (€). Proof of payment must be sent by email to info@benclaire.com.
Customised pieces are non-refundable under any circumstances. Once the order is confirmed (50% payment made), no refunds will be issued, except in the cases provided for in these T&C or under applicable law.
3.1 Payment Details
- Bank: Caixa Económica Montepio Geral
- Account Holder: Benclaire Sociedade Unipessoal Lda.
- Bank Address: Rua São de Brito, 4530 4100-452 Porto
- IBAN: PT50 0036 0188 99100059230 36
- SWIFT/BIC: MPIOPTPL
4. DELIVERY LEAD TIMES
- In-stock products: up to 10 business days from payment confirmation.
- Made-to-order products: 6 to 8 weeks, plus shipping time.
- Custom specifications or large quantities: lead time to be agreed individually with the client.
Delivery times are estimates only and do not constitute a delivery guarantee. Benclaire shall not be held liable for delays attributable to the carrier or causes beyond its control (force majeure).
5. SHIPPING
Orders are supplied under EXW — Ex Works (Incoterms® 2020) terms. The risk of loss or damage transfers to the Client at the time of collection or delivery to the carrier at Benclaire’s warehouse in Portugal.
If a different service or urgent delivery is required, the Client must request this expressly at the time of ordering, and it will be charged accordingly.
All packaging and packing materials are quoted and invoiced separately from the products, according to each specific requirement.
6. RECEIPT AND DAMAGE CLAIMS
All products are carefully packed and inspected before dispatch. In accordance with the applicable international conventions on the carriage of goods, namely the CMR Convention, the Montreal Convention, the Hague-Visby Rules and the CIM (under COTIF), the consignee must inspect the condition of the goods upon receipt, in the presence of the carrier, and retain the original packaging.
The proof of delivery (POD) must be signed with appropriate reservations:
- No visible damage: the Client must note on the POD “goods received, subject to condition inspection”. The Client has 7 calendar days (excluding Sundays and public holidays) from delivery to submit a claim.
- Visible damage: the Client should, whenever possible, open the goods in the presence of the carrier and describe the damage in detail on the POD.
Any damage must be reported to Benclaire within a maximum of 48 hours of receipt, by sending photographic and/or video evidence to info@benclaire.com.
Failure to notify within this period may result in the claim being rejected.
Given that the Terms and Conditions are established under EXW (Ex Works) terms, Benclaire shall not be liable for loss or damage occurring during transport, nor for damage resulting from loading, unloading or handling operations carried out by third parties on behalf of the Client.
7. RETURNS AND ORDER CANCELLATIONS
Custom pieces (COM/COL or made-to-measure dimensions) are non-returnable under any circumstances, pursuant to Article 17(1)(c) of Decree-Law No. 24/2014 of 14 February (adapted to the contractually agreed B2B context).
Order cancellations are accepted only within 2 business days of the order being placed and are subject to retention of the 50% deposit already paid, as compensation for lost profits and costs incurred.
8. PRODUCT STANDARDS AND WARRANTY
Benclaire products are handcrafted in Portugal. Minor variations in colour, texture, finish or dimensions are inherent to the manual production process and the natural materials used, and do not constitute a defect. Benclaire reserves the right to introduce design improvements without prior notice.
Specific conditions:
- Custom dimension requests with less than 10 cm difference from the standard product will not be accepted, nor will claims regarding variations of less than 5 cm / 1.97″.
- Wood and metal finishes are applied by hand and may vary in colour, tone and character. An exact match between samples and the final product is not guaranteed.
- Benclaire does not guarantee finishes against discolouration or oxidation, nor fabrics (dyed or natural) against fading.
- Colour variations and grain patterns are natural characteristics of stone and wood, and form part of the aesthetic identity of the product.
- All light fittings are handmade and may differ slightly from images shown on the website or in the catalogue.
Where quality issues arise, Benclaire reserves the right to assess them on a case-by-case basis and may choose to repair, replace or issue a credit note, as agreed between the parties.
9. CUSTOM ORDERS
For all custom orders, the Client must first seek advice from a product specialist to confirm the feasibility of materials, finishes, dimensions and pricing. Benclaire shall not be responsible for choices made by the Client that prove technically unviable or aesthetically unsuitable for the intended use.
10. CLIENT'S OWN MATERIALS OR FABRICS (COM | COL)
Fabric quantity requirements are calculated based on a standard width of 1.40 m / 55″ for plain fabrics. If the fabric provided has a different width or includes a pattern, Benclaire must be informed in order to calculate the exact meterage required, including allowances for pattern matching.
The Client is responsible for providing written instructions regarding any special alignment, placement or detailing requirements (fabric/leather face or reverse). In the absence of instructions, the COM/COL will be applied according to the artisan’s guidelines, based on the standard model.
The Client is responsible for shipping costs and all export/import duties associated with sending the fabric to Benclaire’s warehouse in Portugal. Shipments with freight charges payable by the recipient will not be accepted. The COM/COL form must be duly completed and submitted along with the material, to avoid delays due to lack of identification.
Benclaire shall not be liable for orders in which the material supplied by the Client compromises the quality of the final product, nor for the choice of materials unsuitable for the intended use.
11. INTERNET AND DISTRIBUTION POLICY
Reseller websites may not advertise or display, in any form, the Benclaire name, logo, product images or other distinctive company signs without prior written consent from Benclaire. Displaying prices, promotions, discounts or value-enhancing phrases (e.g. “best price”) without authorisation is expressly prohibited.
Benclaire reserves the right to refuse to sell to, or to cease the commercial relationship with, any reseller whose distribution or sales practices negatively affect the company’s ability to compete and to safeguard the integrity of its distribution network.
12. CONTRACT AND HOSPITALITY PROJECT ORDERS
Benclaire can customise existing products or develop new products to meet the specifications of contract or hospitality projects. These orders require bespoke quotes, based on quantity, materials and specific features. For further information, a quote should be requested from Benclaire at info@benclaire.com.
In cases where products are developed outside the Benclaire catalogue, the total awarded value must be paid in full at the time of order confirmation. Benclaire shall not be held liable for any functional limitations of the final product, nor for issues arising from its execution, where these result from specifications provided by the client or technical requirements of the project.
13. CONSEQUENCES OF DEFAULT
Benclaire requires advance payment (50% deposit) before any production begins. In the event of contractual default by the Client, including failure to pay as agreed, Benclaire may:
- Cancel any part of the order not yet dispatched;
- Retain the goods and declare the forfeiture of the deposit as conventionally agreed compensation (penalty clause, pursuant to Article 810 of the Civil Code);
- Apply the goods towards the outstanding payment;
- Use the proceeds from the sale of the goods to cover costs and expenses, applying the remaining balance to the buyer’s account.
The Client shall remain liable for all outstanding amounts, as well as for default interest at the legal rate applicable in Portugal.
14. SAMPLES
Benclaire provides samples of all standard finishes in its collection. To obtain them, the Client should contact the brand at info@benclaire.com.
15. GOVERNING LAW AND JURISDICTION
These T&C are governed by Portuguese law. For the resolution of any dispute arising from or relating to these T&C, the parties elect the Court of the District of Évora as the competent jurisdiction, with express waiver of any other, unless otherwise required by mandatory law.
Under applicable European legislation (Regulation (EU) No. 524/2013), the Client may also have recourse to the European Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.
16. AMENDMENTS TO THE TERMS AND CONDITIONS
Benclaire reserves the right to amend these T&C at any time. Amendments will be published on benclaire.com and will take effect on the date of publication, without prejudice to orders already accepted.