General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - Formation of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Requests, Complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Guarantee
Article 12 - Suspension and dissolution
Article 13 - Limitation and liability
Articele 14 - Transfer of risk
Article 15 - Force majeure
Articele 16 - Intellectual property rights
Article 17 - Privacy, data processing and security
Article 18 - Complaints
Article 19 - Applicable law

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise. benxo.co.uk is a website operated by Benxo.

  • Consumer: A natural person who is not acting in the course of their profession or business.

  • Buyer: The consumer who enters into a (distance) contract with the seller.

  • Business: A natural or legal person acting in the course of their profession or business.

  • Offer: Any written offer to the Buyer for the delivery of products by Benxo.

  • Products: The products offered by Benxo, which are hobby-related items.

  • Contract: The purchase agreement (at a distance) concerning the sale and delivery of products which the Buyer has purchased from Benxo.

  • Website: The website used by Benxo is https://www.benxo.co.uk.

Article 2 – Identity of the Entrepreneur

Benxo, part of INPROMO LIMITED
Company Number: 14276892
71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM

Email Address: info@benxo.co.uk

Supplier: HaoEcommerce, 2 Kangchang Road, Sanlian Village, Fenggang Town, Dongguan City, Guangdong Province, 2nd Floor

Article 3 – Applicability

These general terms and conditions apply to every offer made by Benxo and to every agreement between Benxo and a Buyer, as well as to every product offered by Benxo. These terms and conditions also apply to all contracts with Benxo that involve third parties in their execution.

Prior to the conclusion of a (distance) contract, the Buyer will be provided with these General Terms and Conditions. If this is not reasonably possible, Benxo will indicate how the general terms and conditions can be accessed, which in any case will be published on the Benxo website, so that the Buyer can easily save them on a durable medium.

Deviations from these General Terms and Conditions are generally not permitted. The applicability of any (other) general or (purchase) terms and conditions of the Buyer is explicitly rejected. Only Benxo’s General Terms and Conditions apply to all agreements concluded with Benxo. In exceptional cases, deviations from these Terms and Conditions may be made if explicitly agreed in writing with Benxo.

These General Terms and Conditions also apply to supplementary, amended and follow-up agreements with the Buyer.

Should one or more provisions of these Terms and Conditions be wholly or partially void or invalid, the remaining provisions shall remain fully effective. The void/invalid provision(s) shall be replaced by a provision that reflects the purpose of the original as closely as possible.

Any ambiguities regarding the content, interpretation, or cases not provided for in these general terms and conditions must be interpreted in the spirit of these terms and conditions.

Article 4 – The Offer

All offers made by Benxo are non-binding unless explicitly stated otherwise in writing. If an offer is limited or subject to specific conditions, this will be clearly stated in the offer. An offer is not valid unless it is made in writing.

All offers by Benxo are non-binding. Benxo is only bound by the offer if the Buyer has confirmed acceptance of the offer in writing within 30 days, or if Benxo has issued an invoice based on what the Buyer has ordered and confirmed in writing. Benxo reserves the right to decline a contract with a potential Buyer if deemed justified.

The offer includes a complete and accurate description of the product offered. The description is detailed enough for the Buyer to make a proper assessment. Obvious mistakes or errors in the offer do not bind Benxo. Images and specific data in the offer serve only as guidance and are not grounds for compensation or contract termination. Benxo cannot guarantee that the colours in the image exactly reflect the actual product colours.

Delivery times indicated on Benxo’s website are indicative and do not entitle the Buyer to withdraw from the contract or claim damages unless expressly agreed otherwise.

A composite quotation does not oblige Benxo to deliver part of the items in the quotation at a proportionate price.

Offers are not automatically valid for repeat orders. Offers are only valid while supplies last and are subject to the terms indicated in the offer.

Article 5 – Formation of the Contract

The contract is concluded when the Buyer accepts an offer from Benxo by paying for the product.

An offer may be made by Benxo through the webshop.

Once the Buyer accepts the offer by concluding a contract with Benxo, Benxo will confirm the agreement to the Buyer in writing via email.

If the acceptance (in minor respects) deviates from the offer or the invoice, Benxo is not bound by it. The Buyer must pay the entire amount stated in the offer or invoice unless the Buyer can prove otherwise.

Benxo is not bound by an offer if the Buyer could reasonably have known that the offer contained an obvious mistake or error. No rights can be derived by the Buyer in such cases.

Agreements or contracts can only be concluded by persons authorised by Benxo who have a written power of attorney.

Consumers may exercise their right of withdrawal within 14 days. This right does not apply if the Buyer is a business entity.

Article 6 – Execution of the Contract

Benxo will execute the contract to the best of its knowledge and ability and according to good professional standards.

Where necessary for the proper execution of the contract, Benxo is entitled to engage third parties to carry out certain activities.

The Buyer must ensure that all information indicated by Benxo as necessary for execution of the contract, or which the Buyer should reasonably understand as necessary, is provided to Benxo in a timely manner. If such information is not provided on time, Benxo has the right to suspend the contract and/or charge the Buyer for any additional costs arising from the delay based on standard rates.

Benxo is not liable for any damages resulting from reliance on incorrect or incomplete information provided by the Buyer, unless the inaccuracy was known to Benxo.

The Buyer indemnifies Benxo against all claims from third parties who suffer damages related to the execution of the contract that are attributable to the Buyer.

Article 7 – Delivery

Delivery shall generally take place from the supplier’s warehouse.

Delivery is free of charge to the Buyer’s address.

If the start, progress, or completion of the services is delayed due to, for example, the Buyer failing to provide necessary information, failing to cooperate, payment delays, or other causes beyond Benxo’s control, Benxo is entitled to a reasonable extension of the delivery period. Agreed delivery dates are not binding deadlines. The Buyer must issue a written notice of default and allow Benxo a reasonable period to deliver. The Buyer is not entitled to compensation for delays.

The Buyer must accept the goods when they are made available, even if they are delivered earlier or later than agreed.

If the Buyer refuses acceptance or fails to provide necessary information or instructions, Benxo is entitled to store the goods at the Buyer’s expense and risk.

If Benxo requires information from the Buyer for the execution of the contract, the delivery time will commence only after such information is received.

Article 8 - Inspection, Complaints
The Buyer is obliged to inspect the delivered products at the time of delivery, but in any case within fourteen days after receipt of the delivered products, or have them inspected, however only to the extent necessary to unpack or use the products to assess whether they will be retained. The Buyer must check whether the delivered goods conform to the contract in quality and quantity and whether the products meet the normal (commercial) standards applicable to them.
The Buyer is obliged to examine how the product is to be used and, in case of personal use, to test the product according to the instructions. Benxo accepts no liability for improper use of the product by the Buyer, nor for incorrect advice given by the Buyer to their customers.
Any visible defects or shortages must be reported in writing to Benxo at info@benxo.co.uk within 14 days of delivery. Non-visible defects or shortages must be reported within one month of discovery, but no later than six months after delivery. If the goods are damaged due to improper handling by the Buyer, the Buyer is liable for any depreciation in the value of the goods.
If the Buyer wishes to return defective goods, this may only be done with prior written consent from Benxo and in the manner specified by Benxo. Returns are at the sole discretion of Benxo.
If the Buyer exercises their right of withdrawal, they must, if deemed necessary by Benxo, return the product and all accessories, as far as reasonable, in original condition and original packaging to Benxo according to Benxo's return instructions.
Refunds will only be made following written agreement with Benxo.
Refunds to the Buyer will be processed as soon as possible and no later than 30 days after receipt of the return request. Refunds will be made to the previously specified bank account.
If the Buyer exercises their right to complain, they do not have the right to suspend their payment obligations or offset outstanding invoices.
In the event of incomplete delivery and/or if one or more products are missing and this is due to Benxo, Benxo will, at the Buyer's request, resend the missing product(s) via the supplier or cancel the remaining order (with refund of any overpayment). Receipt of products is decisive. Damages suffered by the Buyer due to deviating delivery cannot be claimed against Benxo.
A complaint is not possible if the Buyer ordered the wrong products or had incorrect expectations of the product.

Article 9 - Prices
During the validity period of the offer, the prices of the products offered will not be increased, except in the case of changes to VAT rates.
The prices stated in the offer are exclusive of VAT and other government charges as well as shipping and any transport and packaging costs unless otherwise expressly stated. For consumers, prices are shown excluding VAT.
The prices stated in the offer are based on the cost factors applicable at the time of the conclusion of the contract, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes. Any differences, whether favorable or unfavorable, at the time of arrival, departure, or delivery shall be borne by the Buyer or Benxo as appropriate.
For products whose prices fluctuate on the financial market and over which Benxo has no influence, Benxo may offer such products at variable prices. The offer will indicate that prices are guide prices and may vary.
Three months after the conclusion of the contract, price increases may be made at Benxo’s discretion. If a price increase occurs within these three months, it can only be due to a statutory regulation.

Article 10 - Payment and Collection Policy
Payment must be made in advance by bank transfer. Objections to the amount of invoices must be reported within 7 days of the invoice date, but do not suspend the payment obligation.
The Buyer may not derive any rights or expectations from a cost estimate issued in advance, unless the parties have expressly agreed otherwise.
The Buyer must settle these costs immediately by the payment methods specified on the webshop. Except under special circumstances, the Buyer may only agree to a further payment deadline with the explicit written consent of Benxo.
Benxo is entitled to allocate payments from the Buyer first to costs, then to interest, and finally to the principal sum and ongoing interest. Benxo may, without being in default, reject a payment offer if the Buyer indicates a different allocation order. Benxo may refuse full payment of the principal amount if accrued and ongoing interest as well as costs are not also paid.
If the Buyer fails to meet their payment obligations within the agreed payment period of 14 days, the Buyer will first receive a written reminder before being in default, followed by a formal notice informing them of the consequences of default.
From the date the Buyer is in default, Benxo will claim statutory interest under the UK’s Late Payment of Commercial Debts (Interest) Act 1998, accruing from the first day of default until full payment, as well as reimbursement of reasonable recovery costs incurred by Benxo in accordance with the Pre-Action Protocol for Debt Claims.
If Benxo has incurred more or higher costs than reasonably necessary, these costs are also recoverable. Court and enforcement costs shall also be borne by the Buyer.

Article 11 - Warranty
Benxo gives no warranty that the products correspond to the specifications stated in the offer, suitability and/or reliability, or to legal requirements or regulations at the time of contract conclusion. Benxo does not guarantee the absence of defects in the delivery item but will endeavour to deliver the item as agreed in the contract. The actual durability of the products cannot be guaranteed.
The above warranty applies to the scope and duration of the manufacturer's warranty. Benxo is not liable for the suitability of the products for the Buyer's individual use or for advice on the use or application of the products.
All products offered by Benxo bear a CE mark as well as the name and address of the manufacturer.
If the goods to be delivered do not comply with these warranties, Benxo will, at its discretion, within a reasonable period after receipt of the goods, or if a return is not reasonable, after written notification of the defect by the Buyer, provide replacement or arrange for repair of the goods. In the event of replacement, the Buyer undertakes to return the replaced goods to Benxo and transfer ownership if requested by Benxo for reimbursement.
Warranty does not apply if the defect is due to improper use or if the Buyer or third parties have made or attempted to make changes to the goods without Benxo’s written consent, or if used for unintended purposes or under abnormal conditions.
If Benxo grants a warranty on a product manufactured by a third party, the warranty is limited to the warranty provided by the manufacturer of the item.
Benxo points out that certain products, including personal care products, have a limited expiry date which is always indicated on the product. The Buyer should consider this shelf life during which the quality and safety of the product is guaranteed in accordance with the manufacturer's warranty.
For questions regarding the use of care products and the effect of certain ingredients as well as their suitability, the Buyer may consult Benxo for general advice or seek specific advice from their own (general) practitioner.

Article 12 - Suspension and Termination
Benxo is entitled to suspend the fulfilment of its obligations or terminate the contract if the Buyer does not meet their payment or other contractual obligations fully or on time.
Benxo is also entitled to terminate the contract(s) it has with the Buyer, insofar as these have not yet been fulfilled, without judicial consent, if the Buyer does not fulfil their obligations from a contract with Benxo fully, timely, or sufficiently.
Benxo is further entitled to terminate the contract without notice if circumstances arise making performance of the contract impossible or if, according to the standards of reasonableness and fairness, continued performance cannot be required or if other circumstances arise that make the continued performance of the contract unreasonable.
Upon termination of the contract, all claims of Benxo against the Buyer become immediately due. If Benxo ceases performance of its obligations, it retains its statutory and contractual claims.
Benxo reserves the right to claim damages at any time.

Article 13 - Limitation of Liability
If performance of the contract by Benxo results in liability towards the Buyer or third parties, this liability is limited to the costs invoiced by Benxo in connection with the contract. Liability is in any case limited to the maximum amount payable by Benxo’s insurer per case.
Benxo’s liability is further limited to free repair of a defective item or replacement of that item or part thereof at Benxo’s discretion. Benxo is not liable for consequential damages, indirect damages, loss of business, lost profits and/or lost savings, damages due to operational interruptions, and damages due to use of products delivered by Benxo. For consumers, liability is limited to what is permitted under the Consumer Rights Act 2015.
Benxo is not liable for damages caused by actions or omissions based on (incomplete and/or incorrect) information on the website(s) or linked sites.
Benxo is not responsible for errors and/or irregularities in website functionality and is not liable for outages or unavailability of the website for any reason.
Benxo provides no guarantee for correct and complete transmission of content or timely receipt of emails sent by or on behalf of Benxo.
All claims of the Buyer due to failures by Benxo expire if not reported in writing and substantiated to Benxo within one year of the Buyer becoming aware or reasonably could have become aware of the facts on which their claim is based.
Benxo expressly disclaims any liability and claims from Buyers and third parties who have suffered (physical) injury through use of the products. Products should only be used according to instructions and daily dosage should never be exceeded. When taking medication, the Buyer should always consult their doctors.

Article 14 – Transfer of Risk
The risk of loss or damage to the products subject to the contract passes to the buyer at the moment the goods leave the warehouse of Benxo. Even if the goods come into the possession of the buyer and/or third parties, the risk passes to the buyer.

Article 15 – Force Majeure
Benxo shall not be liable if it is unable to fulfil its contractual obligations due to force majeure, nor is it obliged to perform any obligation when prevented from doing so by circumstances beyond its control, which it cannot reasonably be held responsible for under law, regulation, or generally accepted practice.
Force majeure includes, but is not limited to, (i) force majeure affecting Benxo’s suppliers, (ii) suppliers’ failure to properly fulfil their obligations, (iii) defects in goods, equipment, software or materials from third parties, (iv) governmental actions, (v) power outages, (vi) failure of internet, data networks and telecommunications facilities (e.g., caused by cybercrime or hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes within Benxo, and (xi) other situations which, in Benxo’s opinion, are beyond its control and temporarily or permanently prevent the fulfilment of its obligations.
Benxo is entitled to invoke force majeure if the event preventing (further) performance occurs after Benxo was due to perform its obligations.
The parties may suspend their contractual obligations during the period that the force majeure continues. If this period exceeds two months, either party has the right to terminate the contract without any liability for damages to the other party.
If, at the time force majeure occurs, Benxo has already partially performed its contractual obligations or can still perform part of them and the part performed or to be performed has independent value, Benxo is entitled to invoice separately for that part. The buyer shall pay such invoice as if it were a separate contract.

Article 16 – Intellectual Property Rights
All intellectual property rights and copyrights of Benxo remain the exclusive property of Benxo and are not transferred to the buyer and/or user.
The buyer is prohibited from disclosing, copying, modifying, or making accessible to third parties any documents containing Benxo’s intellectual property rights and copyrights without the express prior written consent of Benxo. Should the buyer wish to make changes to products supplied by Benxo, these proposed changes must be explicitly approved by Benxo.
The buyer is prohibited from using products subject to Benxo’s intellectual property rights in any manner other than as agreed in the contract.
If the buyer becomes aware of any infringement or potential infringement of Benxo’s intellectual property rights, they shall inform Benxo as soon as possible.

Article 17 – Data Protection, Data Processing and Security
Benxo will treat the (personal) data of the buyer and users of the website(s) with care and only use such data in accordance with the Privacy Policy. Upon request, Benxo will inform the data subject accordingly. Questions regarding the processing of personal data or requests for further information may be submitted by email to Benxo.
Suppose Benxo is contractually obliged to perform data backups. In that case, these shall comply with the agreed specifications and maintain a security level that is reasonable in light of current technology, the sensitivity of the data, and associated costs.

Article 18 – Complaints
Suppose the buyer is dissatisfied with the service or products provided by Benxo, or has other complaints related to the purchase contract. In that case, the buyer is obliged to report these complaints as soon as possible, and in any event no later than two weeks after the cause of the complaint arose. Complaints may be submitted to Benxo with the subject line "Complaint."
The complaint must be sufficiently substantiated and/or explained by the buyer to enable Benxo to investigate the issue.
Benxo will respond as soon as possible, and in any event within five working days of receipt of the complaint.
The parties will endeavour to find a solution together.

Article 19 – Governing Law
Any contract between Benxo and the buyer shall be governed by the laws of England and Wales. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
For the interpretation of the content and meaning of these General Terms and Conditions, the English text of these terms and conditions shall prevail. Benxo reserves the right to unilaterally amend these General Terms and Conditions.
All disputes arising from the contract between Benxo and the buyer shall be subject to the exclusive jurisdiction of the courts of London, United Kingdom, unless mandatory legal provisions dictate otherwise.