Terms & Conditions

The following Internet sites accessible on the Internet are operated by BENU Village Esch asbl, with its registered office at 50, rue des Celtes, L-1318 Luxembourg:

• www.couture.benu.lu (www.benucouture.lu)

• www.benu.lu

The general provisions set out below apply equally to all these Internet pages. The general provisions are supplemented by special provisions for the individual sections that offer their services on the respective Internet pages.

BENU Village Esch asbl operates another website www.benureuse.lu. This website is subject to its own General Terms of Use. On www.benureuse.lu. these can be consulted.

1 General provisions

1.1 Purpose and scope of application

These Terms of Use define the terms and conditions under which users may use the services of the BENU Village Esch asbl websites.

If you have any questions about the protection of personal data and the use of cookies on the websites, BENU Village Esch asbl asks you to consult the data protection information available on the websites.

In order to use the services offered by the websites of BENU Village Esch asbl, the user must agree to the present terms of use without any restrictions or reservations. This consent is given by a confirmation click when registering on the respective website.

BENU Village Esch asbl reserves the right to change these terms of use. Changes will take effect immediately for online sales or services as soon as they are communicated to the customer and published on the relevant website. They do not apply to transactions that have not yet been completed at the time they come into force.

BENU account holders will be notified of any changes to these Terms of Use by e-mail. Furthermore, the latest changes are listed with the date in the account under "Terms of Use", where they can be accepted by clicking on the "Accept" button. Customers will be asked to accept the updated version during their next transaction (after the Terms of Use have been changed) if they have not already confirmed it in their account.

1.2 Definitions

Unless otherwise indicated, the following terms and designations shall have the meanings set forth below, whether their initial letter is capitalised or not, or whether they are used in the singular or plural form in these Terms of Use or other documents.

• Customer: natural or legal person who has identified himself/herself and registered on one of the BENU Village Esch asbl websites in order to purchase an item and use the services of the website. If he/she is a natural person, the customer must be over 18 years old and have full legal capacity in the legal sense. If he/she is under 18 years of age, the customer must be declared legally responsible.

• BENU account: account that can be created on one of the above-mentioned BENU Village Esch asbl websites. With this single account, clients can manage their activities on the different BENU VILLAGE Esch asbl websites.

• Article: refers to a material good proposed and sold or proposed for rent on one of the websites of BENU Village Esch asbl.

• Delivery fee: fee to cover the cost of delivery of the ordered items.

1.3 Scope of application

Customers can register and create a BENU account on one of the BENU Village Esch asbl websites, regardless of where they live.

Delivery of ordered items is systematic to the following countries: Luxembourg, Belgium, Netherlands, Germany, France, Austria, Switzerland, Czech Republic, Denmark, Finland, Italy, Portugal, Slovenia, Slovakia, Spain, Greece, Hungary, Ireland, Iceland, Lithuania, Norway and United Kingdom.

On request to BENU Village Esch asbl, delivery can also be made to other countries if applicable.

1.4 BENU account

By registering on one of the BENU Village Esch asbl websites, a BENU account is created for the customer. This single account can be used to manage the activities on the different BENU Village Esch asbl websites. The opening of a BENU account is free of charge and requires that the following conditions are met in their entirety:

• The customer provides a username, first name, surname, phone number and e-mail address. The customer also confirms that he/she has reached the age of 18 and has full legal capacity;

• The customer undertakes to provide BENU Village Esch asbl with up-to-date, complete and correct informations and to update these if necessary. BENU Village Esch asbl must therefore be informed of any changes to the data. If this is not done, the customer is liable for the consequences.

By opening a BENU account on one of the BENU Village Esch asbl websites, the client confirms that he/she meets all the above conditions in their entirety, the provider reserving the right to request any written evidence from the client that may shed light on his/her situation. By validating the online registration modalities, the user accepts these contractual conditions without exception. Once the registration formalities have been completed, an account is created for the registered user, who will have already specified an e-mail address and a PIN code. The user can access this account after entering the e-mail address and PIN code. The PIN code is absolutely personal and confidential. The user undertakes not to disclose it to third parties.

The customer is solely liable and solely bear the consequences if one or more contract(s) is/are concluded by a person using his/her e-mail address and PIN code, even if this occurs without his/her knowledge. The customer undertakes to report any use of his/her e-mail address and/or PIN code by third parties immediately when he/she becomes aware of it.

The customer undertakes not to create or use any other accounts in addition to the account originally created for him/her.

By opening a BENU account, the customer agrees to the General Terms of Use and the Privacy Policy of BENU Village Esch asbl.

1.5 Order of items

The ordering process consists of the following steps:

• 1. Selection of the desired item by clicking on the "Add to basket" button.
• 2. Opening the basket by clicking on the "To the basket" button.
• 3. Checking the items placed in the shopping basket and the selected gift options. An item can be removed from the shopping basket by clicking on the "Waste bin" icon. The gift options can be selected and removed again as desired by clicking on them. The shipping costs shown in the shopping basket are an estimate. The definitive shipping costs will be determined in the further ordering process.
• 4. Possibility to redeem a voucher by selecting the option "I use my voucher". After entering the voucher number and confirming by clicking on the "Redeem voucher" button, the credit is displayed and the remaining purchase price is updated in the cost statement.
• 5. Confirmation of the selected items and options by clicking the "Order" button.
• 6. Logging in to the BENU account or indication of personal data (first name, surname, e-mail address and phone number) when ordering without a BENU account.
• 7. Selection of the shipping method, either free self pickup at BENU Shop or chargeable shipping to a delivery address. After selecting the shipping method and specifying the delivery address, the definitive shipping costs are displayed in the cost statement.
• 8. Selection or specification of the billing address.
• 9. Select and confirm the desired payment method (credit card, PayPal, Payconiq/Digicash, bank transfer).
• 10. When paying with Paypal and credit card: specification of personal details and irrevocable payment of the order by clicking on the "Confirm payment" button.

By clicking on the link "Change my basket" or the "Back" button in the web browser, the buyer can return to his/her basket. The ordering process is hereby interrupted.

An item placed in the basket is reserved for the user for 30 minutes and appears on the website as "sold". If the order process is not completed after this period, the item is automatically removed from the basket and is available again on the website.

The personal data provided during the ordering process can no longer be changed or corrected after clicking the button "Confirm" (Payconiq/Digicash, bank transfer) or "Confirm payment" (credit card, PayPal). If the order has been successfully submitted, the customer will receive an automatic confirmation e-mail. This message confirms that the order has been received by BENU. A purchase contract between BENU Village Esch asbl and the customer is only concluded upon receipt of payment.

1.6 Ordering items from other points of sale

Articles which are not available at the time of the order in the BENU Shop in Esch-sur-Alzette but are displayed in another point of sale (e.g. Pop-Up Store), are marked with a bird symbol on the corresponding Internet page.

In the case of an online order for such an item, we cannot, for logistical reasons, guarantee that it is still available. If it turns out that the ordered article has already been sold at the Pop-Up Store, the customer will be informed as soon as possible by BENU and the payments already made will be refunded.

1.7 Prices

The item prices shown on the Internet pages of BENU Village Esch asbl include the statutory value added tax (VAT) of the Grand Duchy of Luxembourg. Shipping and installation costs, if any, are not included in the item prices and may therefore be additional.

Currently, BENU charges 30€ for a working hour, unless another value is explicitly stated. Thus, everyone can determine the working time of a BENU creation on the basis of the stated price.

The shipping costs depend on the country of the delivery address and the total weight of the order. Both the prices for the individual items and the current shipping costs can be viewed on the BENU Village Esch asbl website.

1.8 Payment procedure

Payment is possible by credit, debit or prepaid card, PayPal, Digicash/Payconiq and bank transfer. Other payment methods are not accepted. It is also not possible to combine several payment methods.

All credit cards currently accepted by Stripe (www.stripe.com) can be used for payment by credit card.

When paying by Digicash/Payconiq, the customer must pay the full invoice amount within five days via the phone number provided in the order confirmation e-mail.

Payment by bank transfer is only possible if the customer has opened and registered a BENU account in advance. If the customer has chosen to pay by bank transfer, he/she must transfer the full invoice amount within five days to the BENU Village Esch asbl bank account, as indicated in the order confirmation e-mail. If any charges are incurred during the transfer, these are to be borne by the user.

The customer should state the payment reference given to him/her with the order confirmation when making transfers and payments. Otherwise, the payment received may not be attributed to the order. BENU Village Esch asbl does not undertake to refund transfers or payments that are unattributable or incorrectly made.

The customer is responsible for completing the payment transaction. If necessary, the customer must be able to prove that the payment was successfully completed. BENU Village Esch asbl cannot be held responsible for errors made by third parties (e.g. bank or online payment service).

1.9 Vouchers

BENU vouchers are available in values from 30 to 180 euros, each in increments of 30 euros. They are available in digital form as a pdf or handmade from used fabric leftovers. For the handmade vouchers, BENU Village Esch charges asbl 5€ for production.

Vouchers can be redeemed for all BENU Village Esch asbl services, both online on any BENU Village Esch asbl website (except www.benureuse.lu) and on site at the ecovillage BENU VILLAGE in Esch-sur-Alzette. Vouchers can also be redeemed in other sales points, provided they are operated by BENU employees (temporary BENU Shop). However, vouchers cannot be used for the purchase of articles in sales points that are not operated by BENU employees.

Vouchers can be redeemed in full or in part and are valid for an unlimited period. The return and refund of vouchers is not possible.

1.10 Self pickup

The customer may choose to collect his/her order from the BENU Shop in Esch-sur-Alzette or have it sent to a delivery address (see Art. 1.11).

In the case of self pickup from the BENU Shop, the person picking up the order must present the confirmation e-mail with the order number in digital or printed form to prove his/her right to collect or receive the purchase.

Items intended for self pickup must be picked up from the BENU Shop in Esch-sur-Alzette within one month after receipt of payment. After this period, the order will be cancelled and 50% of the value paid will be refunded to the customer.

For the unclaimed items and after this one-month deadline, the customer will be asked by e-mail to provide his/her bank details for a refund. If the customer has not provided his/her bank details after three months from receipt of payment, the refund will be invalid.

If the uncollected items are customised or made-to-measure, a refund is not possible. The corresponding items will be held for pickup by BENU for a maximum of six months after their completion.

1.11 Shipping

The customer can have his/her order sent to a delivery address, which must be specified during the order process.

Shipping to a delivery address is subject to charge. The shipping costs are determined according to the recipient country, total weight and volume of the order and charged to the customer. The shipping costs can be viewed on the BENU Village Esch asbl website.

Shipping is possible to the countries mentioned under Art. 1.3. On request to BENU Village Esch asbl, delivery to other countries may also be possible.

Orders are usually shipped by Post Luxembourg. An order may also be delivered by one of our employees or by another shipping service if the nature of the items ordered or the destination so requires.

BENU Village Esch asbl reserves the right of ownership of the items sold until full payment has been made by the customer. The order will be sent to the delivery address provided by the customer. We accept no responsibility for deliveries that are not delivered because the recipient has provided an incomplete or incorrect address or the goods could not be received due to absence, for example.

The respective website indicates whether an item is in stock at the BENU Shop in Esch-sur-Alzette or at another sales point at the time the order is placed. Items that are in stock in Esch-sur-Alzette are usually prepared for dispatch and handed over to the shipping service within one working day after receipt of payment. For orders containing one or more items that are located in another sales point (e.g. Pop-Up Store), preparation for shipping may take slightly longer for logistical reasons.

If the delivery is made by an external shipping service, as in most cases, the customer will receive a tracking link and a shipping number by e-mail. We do not accept any responsibility for late deliveries or possible damage. In these cases, the conditions of the respective shipping service apply. If an order is not delivered or if an item received has separate transport damage, we ask the customer to contact us by phone so we can clarify the situation.

1.12 Return policy

Every customer has the right to cancel a concluded contract within 28 days after shipping of the goods and without giving reasons and to return it to us. A return is generally no longer possible after the expiry of the period of 28 days after shipping of the goods.

In order for the returned goods and therefore the contract revocation to be accepted by BENU Village Esch asbl, the goods must be in perfect original condition, i.e. unwashed and unused. Careful and conscientious trying on is permitted.

All returns must be sent solely to the following address:

BENU Village Esch asbl

32 rue d'Audun, L-4018 Esch-sur-Alzette, Luxembourg

A clear declaration of revocation is absolutely necessary. For this purpose, the customer shall provide his/her identification and order number, the personal data provided during the purchase, the items to be returned, his/her bank details and also the reason for the return. Preferably, this information should be provided on the return form provided for this purpose. This can be downloaded from the account under the relevant order or from the "Service - Return" page. The information can also be sent by e-mail (info@benucouture.lu) or by post (32 rue d'Audun, L-4018 Esch-sur-Alzette) to BENU Village Esch asbl.

The shipping costs for the return are to be paid in full by the customer. If an item productions defects or does not correspond to the order, all shipping costs will be refunded by BENU Village Esch asbl.

The customer is solely liable for the return shipment. If the returned goods have defects, the customer will be held liable for any loss in value that may have occurred.

The price indicated on the invoice will be refunded by BENU Village Esch asbl after receipt and inspection of the returned item. The refund will be made within 14 days from receipt of the returned item.

Instead of a refund, the customer may ask BENU Village Esch asbl if a repair is possible or if a discount can be granted for items that have production defects. In the case of items that do not correspond to the order, the customer may request that the correct item be sent to him/her. However, the customer is not entitled to a repair, discount or delivery of the correct item.

Refunds are excluded for custom-made products or adjustments.

1.13 Kulturpass

Holders of a Kulturpass receive a 50% discount on all purchases (except vouchers) and services from BENU Village Esch asbl on presentation of their Kulturpass. The Kulturpass is issued by Cultur'All asbl (see www.kulturpass.lu ).

In the case of articles that we sell for our partners, the Kulturpass is only valid if the partner wishes to participate in the "Kulturpass" project. In this case, we grant the discount chosen by the partner.

The Kulturpass is not valid for on-site purchases and services offered by BENU Village Esch asbl in a sales points that are not operated by BENU employees. If the same goods and services are offered online on a BENU website, the Kulturpass can be used there.

1.14 Browser

The BENU Village Esch asbl web pages are offered in different web languages (HTML, HTML5, Javascript, CSS, etc.) to provide a better user experience and a more pleasant visual experience. To get the most out of the web pages, we recommend that you use modern browsers such as Edge, Firefox, Google Chrome, Safari, etc. The use of browsers that are little used, too old or not updated can lead to malfunctions of the webpages. For reasons of security and smooth functioning, we recommend that you update your web browser regularly.

1.15 Subsidiary agreements

Subsidiary agreements that go beyond the regulatory content or scope of the Terms of Use must be made in writing.

If any provision of these Terms of Use is or becomes invalid, this shall not affect the validity of the remaining Terms and Conditions.

1.16 Intellectual property rights

Any reproduction of the Internet pages of BENU Village Esch asbl and any other unlawful use of the content of these Internet pages, whether in whole or in part, is prohibited and therefore liable to legal action.

1.17 Jurisdiction

The general conditions (general provisions and specific provisions for the individual lines of business) are governed by Luxembourg law. We place value on the importance of settling any conflict out of court. In all other respects, the Luxembourg courts shall have exclusive jurisdiction.

2 Special provisions BENU COUTURE (www.benucouture.lu)

2.1 Production site / contact

BENU COUTURE creations are made exclusively in the tailor's workshop (32, rue d'Audun, L-4018 Esch-sur-Alzette), which is also the address of the physical BENU Shop.

Complaints of any kind must be made in writing by the customers and can also be sent electronically to the following address: info@benucouture.lu.

2.2 Material composition of BENU creations

The clothing and accessories offered on the website www.benucouture.lu are made from used clothing and textiles provided by private individuals. The materials can be delivered by the private individuals directly to the BENU Shop or to one of the collection points located in the Grand Duchy of Luxembourg.

Only in exceptional cases are components such as zips bought in. Every new purchase is critically examined with regard to the best possible sustainability balance and social compatibility.

As far as possible, fabrics made from natural fibres are used for BENU creations. Only when the function of a garment makes it indispensable are materials processed that (also) contain synthetic fibres. As a matter of principle, fur is not used.

2.3 Production of the BENU creations

Used garments and textiles are reassembled and upgraded (UpCycling) based on patterns selected by the BENU COUTURE team according to the season and current trends. In the tailoring workshop, different models of garments for unisex, men, women and children as well as accessories are designed. The models are made in different variations, each with different colour and fabric combinations and sizes. Each item is unique.

2.4 Prices BENU COUTURE

The retail prices include the VAT rate of 17% for unisex, women's and men's clothing and accessories (bags, games, sleeping masks, etc.), 3% for children's clothing and 8% for customisation and made-to-measure items.

Furthermore, the general provisions on prices under Art. 1.7 apply.

2.5 Care instructions

BENU COUTURE creations can be washed at 30° Celsius as standard, unless specific instructions state otherwise. More detailed information on care instructions can be found on the website www.benucouture.lu for the individual variations of a model.

2.6 Special provisions for the warranty at BENU COUTURE

BENU COUTURE clothing and accessories come with a lifetime warranty. It applies to any textile processing that has been carried out by the BENU COUTURE team as part of the UpCycling process, such as seams, appliqués or similar. However, the warranty does not apply to any normal wear and tear of the fabric.

Should quality defects occur despite proper handling, we undertake to rectify the defect free of charge or to provide a replacement of equal value if the item complained about is returned. In the case of individual adjustments without a BENU logo, we require the invoice for this. In the case of a BENU COUTURE creation, the invoice does not need to be submitted.