GENERAL CONDITIONS OF SALE AND USE OF THE MAISON LEMOINE SITE FOR INDIVIDUALS
(Updated date: February 21, 2022)
I - GENERAL CONDITIONS OF SALE
1 - Seller identification
These General Conditions of Sale on this Website www.maison-lemoine.com (the "Website") are those of the company MAISON LEMOINE - SAS with share capital of 10,000 euros 15, rue Blondel - 75002 PARIS RCS Paris B 814 096 939 - NAF Code 4771Z FR94814096939 www.maison-lemoine.com
MAISON LEMOINE Customer Service is accessible:
• by telephone on +33 9 82 44 07 60, Monday to Saturday from 10 a.m. to 7 p.m. (cost of call varies depending on the operator)
• by email to contact@maison-lemoine.com
• by whatsapp message at +33 6 58 39 43 33
2 - Scope and acceptance of the general conditions of sale
The purchase of Items offered on the Website is subject to these general conditions of Sale (the “GTC”) and Use of the Website (the “CGU”).
MAISON LEMOINE reminds you that the sale of Articles on the Site is exclusively reserved for retail sale and to individuals ("You"). Consequently, you affirm that you are acting as an end consumer (natural or legal person) and that you do not intend to resell the MAISON LEMOINE Articles for commercial purposes.
Under no circumstances may the Site be used by resellers or intermediaries acting on behalf of resellers, or professional sellers, alone or grouped, regardless of the method of marketing their Items (i.e. online marketplaces, shopping malls, intermediaries, physical stores, etc.).
You acknowledge and accept accordingly that the Articles may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Articles ordered in a single Order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same Article. MAISON LEMOINE reserves the right to refuse an Order clearly placed by a professional seller Customer.
These T&Cs exclusively govern your relationship with MAISON LEMOINE.
Furthermore, these General Terms and Conditions constitute the entire agreement concluded between MAISON LEMOINE and You and replace all previous and current agreements concluded between MAISON LEMOINE and You.
Given possible developments to the Site and regulations, MAISON LEMOINE reserves the right to modify these T&Cs at any time. The new T&Cs will, where applicable, only apply to sales made after this modification.
The General Terms and Conditions in force at the time of conclusion of the sales contract are those that are binding on you. You can consult the version of the General Terms and Conditions in force at any time by clicking on the link “General Terms and Conditions of Sale and Use”.
In addition, with each purchase of Items on the Site, you will be asked to confirm your acceptance of these General Terms and Conditions in force on the date of placing your Order. Said general terms and conditions can be viewed before and at the time you are asked to confirm that you accept them. To confirm your acceptance, you must check the box "I have read and accepted the General Terms and Conditions of Sale and Use, as well as the Privacy and Personal Data Protection Policy of the Maison-lemoine.com Site".
3 – Article
The Items available for sale and governed by these T&Cs are those that appear on the Site and are indicated as sold and shipped by MAISON LEMOINE (the "Items"). Offers are valid as long as they are visible on the Site.
Items are offered subject to stock availability.
MAISON LEMOINE reserves the right to withdraw from sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.
In the event that an Item is unavailable after placing your Order, you are invited to refer to the procedure in Article 4 of these General Terms and Conditions.
The essential characteristics of the Article are described and presented with the greatest possible accuracy (supported by photographs and descriptions of the Articles). However, the characteristics of the Articles sold on the Site are given for information purposes only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into Account by the Customer. The characteristics and visuals are not contractual.
4 – Availability of Articles
MAISON LEMOINE Item offers are valid as long as they are visible on the Site, within the limit of available stocks.
Errors or modifications may exceptionally exist, in particular in the case of simultaneous Orders of the same Article by several Customers. In the event of an Article being unavailable after your Order has been placed, we will inform you by e-mail as soon as possible, offering you either to Order another Article presented on the Site as a replacement, or to cancel your Order.
The cancellation of the Order for this Item and its possible reimbursement will then be carried out, the remainder of the Order remaining firm and final, unless you expressly state otherwise.
MAISON LEMOINE assumes no liability in the event of stock shortages or unavailability of the Items ordered.
5 – Price
Prices are indicated on the Site in euros. The prices indicated are the final prices, VAT included.
Prices are shown excluding shipping costs. The amount of shipping costs will be specified before validation of the Order.
Prices take into account any discounts applicable on the day of the Order. The price of the Items invoiced is that indicated at the time of the Order.
Please note that if you are ordering from a country that is not subject to the Euro, this may result in your bank charging interbank fees. If in doubt, please consult your bank.
All Orders must be paid for immediately upon placing your Order.
6 - Discount codes
There are different discount codes:
- Discount codes on User Accounts: discount codes may be offered, at any time, to Account holders. These discount codes can only be used on purchases made through the Account for which the discount code was offered and registered.
- Promotional discount codes: promotional discount codes applicable to all or certain specified purchases made on the Website may be offered at any time.
- Any other conditions of use of any discount code will be specified at the time it is issued.
In any event, the following provisions apply to all MAISON LEMOINE promotions, competitions and discount codes (unless otherwise provided):
- Only one discount code can be used per Order;
- Exclusions relating to certain partner brands may apply;
- A discount code cannot be used after the Order has been placed;
- Discount codes are, from a commercial point of view, confidential and are provided to their recipient in a confidential manner. You may not share a discount code with any other person (company or individual) or use a code that has not been given to you by MAISON LEMOINE.
7 – Order Procedure
7.1 - Selection of Articles
At any time, you can add Items to your selection by clicking on “Buy” and choose to complete your purchases or continue browsing.
In both cases, you can view your selection by hovering over and/or clicking on the "My Cart" icon at the top right where the subtotal of your selection will appear. By clicking on "My Cart", you will start the Order process, which takes place in 5 steps:
1/ Summary, 2/ Connection, 3/ Address, 4/ Delivery, 5/ Payment.
7.2 - Registration or prior identification (or “Connection”)
If you already have a Customer Account, you must identify yourself at the second stage of the Order process (once you have clicked on your basket and validated the Order summary), by entering your password.
If you do not yet have an Account, you will be invited to create one and you will receive a registration confirmation email to your email address. Indeed, any placing of an Order/Payment for Items via the Site necessarily requires your identification, therefore your registration. Moreover, creating an Account allows you to:
- track your deliveries and view your Order history;
- return or exchange Items;
- add or modify your delivery and billing addresses for your next Orders;
- manage your subscription to the MAISON LEMOINE newsletter.
Any adult Customer may freely and free of charge create a Customer Account via the "Login" or "My Account" section. Indeed, placing an Order implies an obligation to pay, You must declare that you are at least 18 years old and have legal capacity, or if You are a minor, you must guarantee that you have parental authorization to place your Order. This declaration and authorization are presumed as soon as You place an order because MAISON LEMOINE has no means of verifying the date of birth provided.
The creation of your Customer Account is done by You, and is strictly personal to you. You must enter for your registration the data that allows your identification, under your full responsibility, controls and directions and you undertake to communicate complete, exact and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age.
When creating a Customer Account, you choose your username (email) and password. If the chosen username is already assigned, the system will prompt you to choose another one.
Please note that identifiers and passwords are personal and confidential. You are solely responsible for them and therefore agree to keep your password secret and not to disclose it under any circumstances and for any reason whatsoever.
Please also note that You are responsible for your MAISON LEMOINE Account, on any medium. In the event of suspicion of the use of your username and/or password by a third party, You must immediately alert MAISON LEMOINE in order to change Your password and/or choose to close Your Customer Account.
MAISON LEMOINE reserves the right to close any Customer Account and consequently refuse any sale without having to provide any justification.
MAISON LEMOINE will then send you an email informing you of the deactivation of your username and password and the closure of your Account.
7.3 - Registration and validation of the Order
Once the Products have been added to the basket, You click on "Order". You must then identify Yourself or register if you do not have an account. You must provide the delivery information necessary for the proper dispatch of your Order: country of dispatch, title, first name, last name, precise delivery address and telephone number at which You can be contacted in the event of delivery difficulties, as well as any useful details regarding the delivery. You must also provide your email address, as well as the billing address, if this is different from the delivery address.
You must then click on "Continue" to access the delivery methods. You must then choose the delivery method that you want. You click on "Continue" then You select the payment method.
You must then accept the General Terms and Conditions of Sale of MAISON LEMOINE. At the end of the Order process described above, you click on the "Order" button. The sales contract will then be definitively formed, the payment of the Order constituting acceptance of these General Terms and Conditions, the price of the Items and the content of the Order.
7.4 - Confirmation of the Order
After validation of the payment, MAISON LEMOINE will send you an e-mail confirming your Order, including your Order number. The Order, subject to available stocks, is only definitively confirmed after receipt of this e-mail.
If you do not receive any email following your order, it is your responsibility to contact MAISON LEMOINE Customer Service.
MAISON LEMOINE cannot be held responsible in any way in the event of an input error or transmission of an input error preventing the delivery of the confirmation email and/or the Articles.
MAISON LEMOINE cannot be held responsible in any way in the event of a technical banking error preventing the automatic validation of the payment by the secure virtual Payment Terminal of the Site, consequently preventing the delivery of the confirmation email and/or the Articles.
In application of article L134-2 of the Consumer Code, when an Order concerns an amount equal to or greater than 120 Euros, MAISON LEMOINE keeps the document which records the contract concluded between MAISON LEMOINE and a Customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with decree 2005-137 of February 16, 2005). You then have access to this document at any time, upon request and proof of your identity provided to Customer Service.
For any questions relating to the tracking of an Order, You must consult your Customer Account on the Site (under the heading “My Account – History and details of my Orders”) or contact Customer Service whose contact details appear in these General Conditions.
8 – Payment information
The price charged is the price indicated in the Order confirmation sent to You by email, once payment has been validated. In any event, You have access to all of your invoices on the Maison Lemoine website, under the “My Account” section.
The Order is payable, in euros, immediately, by bank cards (Carte Bleue, Visa®, MasterCard® and Amex®).
When paying, your bank asks for your bank details, as well as personal information (varying from one bank to another) in order to verify the identity of the cardholder and validate the transaction.
Credit card payments are authenticated and secured using the 3D Secure system. This authentication is specific to each bank.
For any questions regarding your 3D Secure code, we invite you to contact your bank directly. Once the 3D Secure code has been entered and validated by your bank, your Order is finalized. You will then receive a payment confirmation email with a payment summary ticket.
Once your Order has been placed, your invoice is accessible online in your Customer Account (under the “My Account – History and details of my Orders” section).
3X 4X WITH FEES Payment of your order in 3 or 4 times by credit card from 100€ of purchases up to 3000€ with Oney Bank. https://www.payplug.com/hubfs/CGV%20PayPlug%20Oney%20pour%20CGV%20site%20marchand.pdf
9 – Reservation of ownership
THE ITEMS ORDERED REMAIN THE ENTIRE PROPERTY OF MAISON LEMOINE UNTIL FULL PAYMENT OF THE PRICE, WHICH YOU ACKNOWLEDGE AND ACCEPT.
On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the Items delivered from the moment they are delivered to the address indicated during the Order.
10 – Preparation and delivery of the order
10.1 – Preparation of the order
Once your Order has been validated, Maison Lemoine will prepare and ship your Order within a maximum of 72 working hours, excluding sales, clearance sales and holiday periods. During these sales, clearance sales and holiday periods, Maison Lemoine will prepare and ship your Order within a maximum of 96 working hours.
10.2 - Deliveries in mainland France, including Corsica, and Monaco
The following delivery methods are available for orders with delivery in mainland France:
- Pick up at the Maison Lemoine store
- Delivery to a relay point or post office
- Colissimo delivery without signature
- Express delivery to a relay point by Chronopost
Shipping costs are free for all Orders over 100 euros inclusive, except for Orders with express delivery by carrier.
For orders under 100 euros, shipping costs vary depending on the delivery method chosen:
- Pick-up in store: free
- Delivery to a relay point or post office: €3.50
- Colissimo delivery without signature: €5.50
- Express delivery to a relay point by Chronopost: €15
For Orders with collection at the MAISON LEMOINE store, the collection address is 15 rue Blondel – 75002 PARIS. Once your Order is ready, You will receive an email informing You that your Order is available for collection at the store. The store is open from Tuesday to Saturday from 10 a.m. to 7 p.m. (except for special government provisions). Before going to collect your Order, it is advisable to check the store's opening hours by contacting Customer Service. If You are unable to travel, You can designate the natural person of your choice by notifying Customer Service in advance. MAISON LEMOINE disclaims all liability concerning the Items delivered from the moment they are collected in store.
For Orders with other delivery methods: delivery of your Order is made to the delivery address you have indicated, it being specified that this must be your residential address, that of a natural person of your choice or that of a legal entity (delivery to your company).
Delivery cannot be made to hotels or PO boxes.
Delivery is without signature in mainland France
You are informed that it is your responsibility to provide exactly all the details necessary for the proper routing of your Order and perfect delivery (access code, access specification, etc.).
If you are absent during delivery, a delivery notice will inform you of the arrangements for storing your package and making it available, under the full and exclusive responsibility of the carrier.
If the delivery address provided by you is not valid and therefore results in the package being returned due to non-receipt at the address provided, the cost of reshipping the package to the new address provided will be your responsibility.
You will receive an email confirming the shipment of your Order, as well as a link to the carrier's website allowing you to track your package.
In order to preserve the environment, no invoice/delivery note will be included in the package. You can access your invoice summarizing the Items ordered and delivered in the "My Account" section of the website www.maison-lemoine.com. However, You have the possibility to expressly request when placing Your Order, once your delivery and billing addresses have been entered, the receipt of Your invoice. This request must be made by email to Maison Lemoine Customer Service.
10.3 - Deliveries outside France
Shipping costs vary depending on the destination; the amount of shipping costs will always be indicated before payment.
For countries in the European Union, shipping costs are:
- Collection from a relay point or post office: €6.50
- Colissimo with signature: €8.50
For Europe (including Switzerland and the United Kingdom):
- Colissimo with signature: €12.50
For the French Overseas Territories:
- Colissimo international with signature: €19.50
For the rest of the world:
- Colissimo international with signature: €35.00
PLEASE NOTE: Any Order placed on the site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are your responsibility and are your responsibility. MAISON LEMOINE is not required to check and inform its customers of the applicable customs duties and taxes. To find out about them, it is your responsibility to inquire with the competent authorities in your country.
11 - Delivery times and receipt of the Order
For any Order placed with the option of collection from the store: Maison Lemoine informs you that the preparation time for Your Order is 12 to 48 hours on working days, from the time the Order is placed on the Maison Lemoine website.
You have the time of your choice to come and collect your order. Please note, however, that all sales are deemed firm and final following a withdrawal period of 14 calendar days following the date the order was placed on the Maison Lemoine website.
For any Order placed with delivery option: Delivery of your Order is carried out by “Colissimo”, a postal service.
For shipments to mainland France (including Corsica and Monaco), Maison Lemoine informs you that the delivery time by La Poste is 48 to 72 hours on working days, from the delivery of the package by Maison Lemoine to the Post Office.
As a guide, international delivery times are 3 to 10 days.
In all cases, MAISON LEMOINE undertakes to ensure that delivery is made within a maximum of 15 working days for delivery to Metropolitan France and 30 working days for international delivery, from the date of registration of the Order.
In the event of a delivery delay of more than 7 working days compared to the maximum period mentioned above, You may contact MAISON LEMOINE by e-mail to order it to execute the delivery within a reasonable additional period. In the event of non-compliance with this new deadline, You may ask MAISON LEMOINE by e-mail to cancel your Order.
The contract, and therefore the Sale, will be considered terminated upon receipt by MAISON LEMOINE of the e-mail or a letter by which You inform it of your decision, unless delivery has occurred between the sending and receipt of the e-mail or your letter.
In the event that the Order is definitively cancelled, You will obtain a refund of the price paid for your Order within 14 calendar days following the cancellation confirmed by e-mail.
In the event that You receive the package after the cancellation of your Order, MAISON LEMOINE will proceed to reimburse the Items, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to have been made as soon as the package is made available to you, in particular by the carrier, as evidenced by the control system used by the carrier.
You are required to check the conformity of the Products received in execution of your order at the time of delivery. Any anomaly concerning the delivery such as:
• missing products,
• damaged products,
• products not conforming to the order,
must be notified within fourteen calendar days to exercise your right of withdrawal. This notification will be sent to MAISON LEMOINE customer service by email at contact@maison-lemoine.com. MAISON LEMOINE will then offer you an exchange of the parts presenting these anomalies, within the limit of available stocks. After this period, no complaints will be accepted, the products will then be deemed compliant.
If the package is damaged, within the framework of the exercise of the right of withdrawal, or if it(they) does(do) not give you satisfaction, you can return it by requesting a refund, under the conditions provided for in articles 12 and 13 of these General Conditions.
12 – Exercising the right of withdrawal and reimbursement
Any non-professional consumer has a right of withdrawal. All Products may be subject to withdrawal, except those excluded by law in Article L221-28 of the Consumer Code, for example Products that have been personalized at your request.
Furthermore, products that have been unsealed or where the brand label attachment link has been broken cannot be subject to withdrawal, as well as products such as shells, adhesive bras, and underwear bottoms. Indeed, for reasons of hygiene, these products are neither exchangeable nor refundable.
The return of Products is free if the place of Delivery of the Order and shipping of the related return is in Metropolitan France. Only one prepaid return label is given per order (and not per item ordered).
The return of the Products is at your expense if the place of Delivery of the Order and shipping of the related return is abroad.
In this case, the return shipping address is: Acolyt Dijon - Maison Lemoine. ZAE La belle idée. 9 rue des artisans. 21540 Mesmont.
For any Order placed with the delivery option excluding collection from the Maison Lemoine Boutique: You must, without undue delay and, in any event, no later than 14 (fourteen) calendar days from the date of receipt of your order, make the return request.
The prepaid return label sent is valid for 7 (seven) days after it has been generated. Subsequently, the package must be returned, without undue delay and, in any case, no later than 14 (fourteen) calendar days from the date of receipt of the prepaid return label. In the event that the return label is no longer valid after the 7 (seven) days, you can request the sending of a new prepaid return label. Only one prepaid return label is given per order (and not per item ordered).
The withdrawal period is deemed to have been respected if You return the goods before the expiry of this period of 14 (fourteen) calendar days, following the formulation of Your wish to withdraw within 14 (fourteen) calendar days following receipt of Your Order. Beyond this period, the sale is firm and final.
For any Order placed with the option of collection at the Maison Lemoine store: You have the time of your choice to come and collect your order. Please note, however, that any sale is deemed firm and final following a withdrawal period of 14 (fourteen) calendar days following the date the order was placed on the Maison Lemoine website.
To exercise your right of withdrawal:
- Log in to your MAISON LEMOINE account. In the "My Account" tab, select the "My Orders" section.
- Click on “Details” of the order concerned by your return request.
- Check the box(es) corresponding to the product(s) you wish to return and specify a reason for return, then confirm by clicking on “Return a product”.
- Your Return will then be “awaiting confirmation” by MAISON LEMOINE, in the “Return of my goods” section.
- Complete the “Withdrawal Form” that you will find in the appendix to these General Conditions of Sale, and send it completed by email to contact@maison-lemoine.com.
- Once the return request has been validated by our teams, the latter will change to "Waiting for package". For returns posted in mainland France, MAISON LEMOINE will send you a pre-paid return slip by email (except during clearance sales or special days when the return costs remain your responsibility), which you will simply need to print and stick on the return package. In order to ensure the processing of your return, we thank you for inserting the Delivery Note in your return package.
For international returns, the return costs are your responsibility. You must then return the product(s) concerned by the return to us within the time limit.
We only offer one prepaid return per order. For orders returned at a later date (if you ultimately change your mind about another item(s) in your order after making an initial return request on your order), the return shipping costs are your responsibility.
Maison Lemoine reserves the right to accept or not Your return, after checking the good condition of the item(s). If Your return is accepted by our teams (*You will find below the terms of acceptance of returns), You will receive an email indicating that the return procedure is complete, which means that MAISON LEMOINE will have reimbursed you the amount equal to your initial purchase of the returned Product(s).
From an accounting perspective, a credit note is issued, which means that the refund has been made. You can find this credit note in the "My Credits" section of your account.
* Returned products must be returned in their original packaging, new, only tried on, but not worn for a long time, not washed. The products must not be unsealed, the protective labels under the soles of the shoes must not have been damaged or removed, and there must be no break in the attachment link of the brand label attached to the Products. If these conditions are not respected, the Products cannot be subject to withdrawal. Upon receipt of the package, Maison Lemoine will judge the perfect condition of the returned Product(s). No return or exchange will be accepted if the returned item(s) have been visibly used or damaged by You, the customer, and this use or damage makes the items unfit for sale. If the return or exchange is refused, the items will then be returned to You. The return costs will therefore be at Your expense.
13 - Guarantees
All Items for sale on the Website benefit from the legal guarantee of conformity (provided for by articles L211-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), to the exclusion of any other guarantee. You are informed that the company MAISON LEMOINE, whose registered office is at 15 rue Blondel 75002 Paris, is the guarantor of the conformity of the Items to the contract within the framework of these two legal guarantees.
13.1 - Legal guarantee of conformity
MAISON LEMOINE will deliver to you an Article which complies with the contract and is free from defects of conformity upon delivery of said Article, in the sense that the Article will be suitable for the use usually expected of a similar good and that it will present the characteristics presented during the sale.
This warranty will only apply if You request it within 2 years of delivery of the Item.
Any lack of conformity which appears within a period of 6 months (period legally extended to 24 months from March 18, 2016) from delivery are presumed to exist at the time of delivery, unless proven otherwise.
You can choose between repair and replacement of the Article unless one of these choices results in a manifestly disproportionate cost for MAISON LEMOINE.
If repair or replacement of the Item is not possible, You may be reimbursed for the price paid by returning the Item at your own expense, or keep the Item and be reimbursed for part of the price, unless the lack of conformity is minor.
13.2 Legal guarantee of hidden defects
MAISON LEMOINE will provide you with an Article free of hidden defects that would make it unfit for the use for which it is intended, or that reduce this use so much that You would not have purchased it, or would have paid a lower price for it, if You had known about them. This guarantee will only apply on condition that you make the request within 2 years from the discovery of the defect.
In the event of a hidden defect, you may return the item and be reimbursed for the price incurred by the sale. It will be up to you to prove that you meet the conditions of the guarantee.
In the event of a lack of conformity and hidden defects, you must return the Item(s) to us at your own expense to the following address:
MAISON LEMOINE - Customer service
15, rue Blondel
75002 PARIS FRANCE
14 – Evidence
You acknowledge and accept that the Order recording systems provide proof of all transactions between You and MAISON LEMOINE.
You acknowledge and accept that proof of acceptance of the T&Cs is demonstrated by checking the box "I have read and accept the General Terms and Conditions of Sale". At any time, you have the option to print, download, and keep a copy of the T&Cs on paper or electronically.
For this purpose, You acknowledge and accept that the computerized data stored within the MAISON LEMOINE computer servers under reasonable conditions of security and integrity, are considered, irrefutably, as proof of acceptance of the terms of the General Terms and Conditions and proof of all transactions between You and MAISON LEMOINE, in accordance with Article 1316 – 1 of the Civil Code, and will constitute due payment of the sums incurred by the entry of the Articles appearing on the Order form.
However, in the event of fraudulent use of your bank card, you are invited to contact Customer Service as soon as you become aware of this use.
MAISON LEMOINE will archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees You access to them at any time if you request it, in accordance with the provisions of Article L134-2 of the Consumer Code.
Consequently, unless there is a manifest error on the part of MAISON LEMOINE proven by you, you will not be able to contest the admissibility, validity or evidentiary force of the T&Cs and the content of the Order, on the basis of any legal provision whatsoever, which would specify that certain documents must be written or signed to constitute proof.
In general, the computerized records, stored in the computer systems of MAISON LEMOINE and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between You and MAISON LEMOINE and, if they are produced as means of proof by MAISON LEMOINE in any contentious or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be established, received or stored in writing.
15 – Responsibilities
MAISON LEMOINE is only liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with You, excluding any indirect damage.
You acknowledge and accept that the prices of the Items may vary between the Website and the stores or pop-up sales, and that under no circumstances may this price difference form the basis for a request for reimbursement, either total or partial, of the Items purchased either on the Website or in store.
Furthermore, MAISON LEMOINE cannot be held liable in the event of a breach of one of its contractual obligations resulting from an act of God or a case of force majeure as defined by the case law of the French courts. In particular, MAISON LEMOINE will not be held liable for any non-performance or delay in the performance of Orders caused by events beyond its control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-performance, omission or accident beyond the control of MAISON LEMOINE and includes in particular (without limitation):
1. Strikes, lockouts or other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use rail, ship, plane, road or other private or public means of transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of any governments.
7. Strike, failure or accidents in maritime, postal or other transport.
8. Pandemics. The execution of the General Terms and Conditions will be suspended for as long as the Force Majeure Event lasts and the execution and delivery times will be extended accordingly. MAISON LEMOINE will endeavour, as far as possible, to end the Force Majeure Event or to find a solution enabling it to fulfil its contractual obligations despite the Force Majeure Event. Finally, MAISON LEMOINE cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service outage, external intrusion or the presence of computer viruses.
16 – Warranty
You agree to indemnify, defend, guarantee MAISON LEMOINE (as well as its directors, officers, employees, consultants, agents, affiliates, etc.) in the event of any claim, liability, damages and/or costs incurred by a third party (including, without limitation, legal fees) resulting from your violation of the T&Cs.
17 - No Waiver
If you do not comply with these T&Cs and if no action is taken against you, MAISON LEMOINE will always retain its right to use its rights and rights to act in any other situation of non-compliance with these T&Cs on your part.
18 – Nullity
If any part of the T&Cs is found to be unenforceable (including any provision relating to the exemption of liability), the enforceability of the remainder of the T&Cs will not be affected, and the other clauses will remain in force.
As far as possible, in the event that a clause/sub-clause or part of a clause/sub-clause can be severed from the remainder of the clause in order to render the remaining part valid, the clause must be interpreted accordingly. Otherwise, You agree that the clause in question will be rectified and interpreted in such a way that it comes closer to the original meaning of the clause, in accordance with the Law.
19 - Disputes, applicable law, jurisdictional competence and mediation
The sale of the Products is subject to French law. The choice of French law cannot, however, deprive the consumer Customer residing outside France of the application of the mandatory and consumer protection provisions provided for by the law of the country in which the Customer has his habitual residence, provided that MAISON LEMOINE carries out its activity or directs its activity towards this country.
In the event of a dispute arising from an Order or a sale, the Customer may submit a written complaint to Customer Service contact@maison-lemoine.com. In the event of a complaint not resolved amicably by Customer Service and for a period of one (1) year, the Customer may use the CM2C mediation service free of charge, to which MAISON LEMOINE is a member, electronically at cm2c@cm2c.net or by post: CM2C - 14 rue Saint Jean - 75017 Paris, in accordance with Article L. 612-1 of the Consumer Code. The Mediator Service may be contacted for any consumer dispute for which an amicable settlement has not been successful.
The Customer may also contact the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute. In addition, the Customer always has the option of taking legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal when the Customer is a professional.
When the Customer is a consumer, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- the Client may refer the matter either to the Court of the place where he is domiciled or to that of the place where the service is provided,
- MAISON LEMOINE may refer the matter to the Court of the place where the Client is domiciled.
MAISON LEMOINE reserves the right to seek and obtain injunctions or orders to defend its rights hereunder. These General Terms and Conditions do not affect the legal rights of Customers as consumers. For further information on these rights, the Customer should contact their local authority or consumer advice agency. Finally, this Website complies with French law, and under no circumstances does MAISON LEMOINE provide any guarantee of compliance with local law that may be applicable to the Customer, if the Customer accesses the Website from other countries.
ANNEX TO THE GTC
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order placed on the site. https://www.maison-lemoine.com/fr/ .
For the attention of:
Lemoine House
15 rue Blondel
75002 Paris
Email: contact@maison-lemoine.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / the provision of services (*) below:
Ordered on: ............................................. / Received on: ..................................................................
Order number: ...................................................................................................................................
Customer Name: ...............................................................................................................................
Customer Address: ................................................................................................................................
Signature of the Client (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
II - GENERAL CONDITIONS OF USE
This Website www.maison-lemoine.com (the "Website") is administered and published by the company MAISON LEMOINE, SAS with share capital of 10,000 euros 15, rue Blondel - 75002 PARIS RCS Paris B 814 096 939 - NAF Code 4771Z FR94814096939 www.maison-lemoine.com
Use of the website and purchases of products offered for sale on this same site are subject to these General Conditions of Use of the site www.maison-lemoine.com (“General Conditions of Use”).
By using the site www.maison-lemoine.com, you acknowledge having read, understood and accepted without reservation these General Conditions of Use.
MAISON LEMOINE may at any time modify and update these General Terms of Use and the Privacy and Personal Data Protection Policy. The General Terms of Use and the Privacy and Personal Data Protection Policy in effect at the time of use of the www.maison-lemoine.com website are those that are binding on you.
We advise you to keep yourself regularly informed of the conditions in force. You can consult the version of the General Conditions of Use or the Privacy and Personal Data Protection Policy in force at any time by clicking on the links "General Conditions" and "Privacy Policy", accessible on the home page of the Site (under the footer of the Site).
1 – Language
The Website is available in French, as well as in English by clicking on the “EN” button in the top right corner of the site.
2 – Access to the site
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or modify the Services without notice. MAISON LEMOINE also reserves the right to restrict access to all or part of the Website.
However, MAISON LEMOINE cannot be held responsible if, for any reason whatsoever, the Website becomes inaccessible at any time or for any period.
Finally, please note that when you register for any part of the Website, these General Conditions apply.
3 - Prohibitions
You must not misuse this Website. Without limitation, You must not commit or encourage the commission of a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb or other material which is malicious, technologically harmful, unfair or in any way offensive or obscene; hack into any part of the Services; corrupt data; annoy other users; infringe any third party's proprietary rights; send unsolicited advertising or promotional material ("spam") or attempt to impair the performance or functionality of any computer system.
Violation of this provision may constitute a criminal offence. MAISON LEMOINE reserves the right to report any breach of the law to the relevant authorities and to disclose your identity to them.
4 – Privacy policy and protection of personal data
The Website's Privacy and Personal Data Protection Policy governs the collection, processing and use of personal information that you agree to provide to MAISON LEMOINE by using the Website. MAISON LEMOINE may modify its Privacy and Personal Data Protection Policy at any time, as provided in this document.
Our Privacy and Personal Data Protection Policy can be consulted by clicking on the "Privacy Policy" link, accessible on the home page of the Site (under the footer of the Site). By using the Website, you consent on the one hand to the processing of your personal information under the conditions described under this section, and guarantee on the other hand that all data provided is accurate and up to date. You are also responsible for maintaining and updating your account information so that it is accurate and complete.
MAISON LEMOINE is committed to protecting your personal data. All personal data collected about you is treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 relating to Information Technology, Files and Liberties, for the purposes of processing Orders. This site has also been declared to the National Commission for Information Technology and Liberties, which issued receipt No. 1944573 of 03/30/2016.
Your information and personal data are necessary for the management of Orders and relations with You, as well as to keep You informed of all offers and commercial information that may interest You.
They may be transmitted to service providers and contractual partners who intervene and contribute to the management of Orders.
This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable MAISON LEMOINE to improve and personalize the services offered to You.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose any personal data concerning you.
To exercise this right, you must send us an email to contact@maison-lemoine.com or by completing the contact form located on the Site, or by sending us a letter to our Customer Service at the following address:
MAISON LEMOINE Customer Service
15 rue Blondel
75002 Paris FRANCE
and indicating your name, first name, email address and your customer references.
5 – Commercial offers and newsletters
When entering personal data on the Site and prior to their collection, You have the option of agreeing to receive information relating to MAISON LEMOINE Articles and its contractual partners.
These commercial offers may be sent to You by post, email, text message, or via all of the web spaces hosted by MAISON LEMOINE or any of its subsidiaries on social networks, subject to prior acceptance.
In accordance with current legislation, such information will only be sent to You if, and only if, You have expressly agreed to receive it.
In any event, you have the option at any time to object, free of charge, to these commercial prospecting mailings by clicking on the “unsubscribe” link appearing in each email containing these commercial offers and newsletters.
You can also modify the subscription settings for these commercial offers and newsletters directly on the Website under the “My Account” section.
6 – MAISON LEMOINE Community
These General Conditions of Use apply to your use of the MAISON LEMOINE Community.
6.1 - Submission of contributions and comments on the website
You own all content or information that You post in the MAISON LEMOINE Community sections of the MAISON LEMOINE Website and blog, and You can control how it is shared through your privacy settings.
For any content covered by intellectual property rights, such as photos or videos (Protected Content), You specifically grant us, subject to your privacy settings, the following authorization: a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any Protected Content that you post on, or in connection with MAISON LEMOINE. This granted license includes, for example and without limitation, the license and the right to reproduce, modify, edit, adapt, disclose, translate, create derivative works from, distribute, perform and display these contributions (in whole or in part), throughout the world and/or to incorporate them in other works in any form, media or technology, known or later developed.
In certain circumstances, MAISON LEMOINE may also share your contributions with trusted third parties. The License ends when You delete your Protected Content or your account, unless this Content has been shared with third parties, and they have not deleted it.
You also acknowledge that MAISON LEMOINE is not required to publish any contribution that You submit in any MAISON LEMOINE publication.
When You delete Protected Content, it is deleted in the same manner as emptying a computer's trash. However, You acknowledge that deleted Protected Content may remain in backup copies for a reasonable time (but will not be available to third parties).
6.2 – Interactions with social networks
Our site uses computer applications from third parties, which allow the Internet user to share content from our site with other people or to let these other people know their opinion about content on our site. This is particularly the case for the "Share", "Like", "Pin" buttons from social networks such as Facebook, Pinterest, Instagram, "Google+", "Twitter", etc.
When you visit a page of the Site containing a "Share", "Pin it" or "Like" button, your browser establishes a direct connection with the servers of the social network concerned.
If you are connected to the social network while browsing, the application buttons allow you to link the pages viewed to your account.
If you interact using the plug-ins, for example by clicking the "Like" button or leaving a comment, the corresponding information will be transmitted to the relevant social network and published on your account.
When You use an application, Your content and information are shared with the application, according to the settings You have chosen. Only Your agreement with this application will govern the manner in which this application can use, store and transfer this content and information, and MAISON LEMOINE cannot be held responsible for it.
If you do not want social networks to link the information collected through the Site to your account, you must log out of the social network concerned before visiting the Site. M
AISON LEMOINE is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those which may be linked to the Site.
We always appreciate your comments or other suggestions regarding MAISON LEMOINE that You may make on social networks, and You understand that we can use them without having to compensate You for this (in the same way that you have no obligation to do so).
By submitting any element to us, You agree to use the spaces of the MAISON LEMOINE Community, in accordance with these General Conditions. If You do not wish to grant MAISON LEMOINE the authorizations referred to above in these terms, we thank You for not submitting or sharing your contributions in the spaces of the MAISON LEMOINE Community.
6.3 - Non-compliance
Where applicable, when You send an image to MAISON LEMOINE, You may only do so if You guarantee to us that the images, videos or associated content that You submit (the “Images”):
(a) do not depict anything inappropriate, licentious, obscene or defamatory or contain anything that would be contrary to accepted standards of decency and good taste;
(b) do not infringe the rights of third parties, including in particular copyright, trademarks, patents or designs;
(c) do not feature any person who has not explicitly given their consent to appear in the image;
(d) do not feature any person under the age of 18, unless the person legally responsible for them has given consent.
In the event that you do not comply with the MAISON LEMOINE Community Rules, an email may be sent to You, informing You that any contribution You may have made has been refused or modified. This email will also include a warning informing You that in the event of continued violation of the Community Rules, action may be taken against your account.
These measures may consist of verifying the content that You provide before its publication on the Website, or the temporary or permanent suspension of your ability to participate in all or part of the spaces and services of MAISON LEMOINE.
In any event, if you use multiple user accounts with the aim of disrupting the MAISON LEMOINE Community, measures may be taken against one and/or all of your user accounts.
7 - Intellectual Property
All of the following elements (non-exhaustive list) constituting the site www.maison-lemoine.com and made available within the Site, are the exclusive property of MAISON LEMOINE:
• the models (the Articles) offered on the Site under the MAISON LEMOINE brand,
• the brands, logos and any distinctive signs associated with the Articles,
• the Site, and in particular its tree structure, its organization and the titling/name of its sections, its visual and graphic identity, its design, its ergonomics, its functionalities, its software, its texts, images (animated or still), its soundtracks, its know-how, its drawings, sketches and illustrations, its logos, acronyms, colors, graphics and any other element and/or sign making up the Site,
• the databases, their structure, their organization and their contents, designed and managed by MAISON LEMOINE for the needs of publishing and operating the Site,
• the design elements of the Site, whether graphic or technical,
• MAISON LEMOINE newsletters and their content,
• the MAISON LEMOINE newspaper/blog and its content, subject to the content provided by members of the MAISON LEMOINE Community.
Consequently, with the exception of the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, directly or indirectly, and in any form whatsoever, from downloading, distributing, publishing, transmitting, modifying or selling all or part of the aforementioned elements, or from creating derivative works from them. In general, you are prohibited from using these elements other than in the context of the execution of these terms.
Thus, You may make a single copy of the Internet pages published on the site for your private, personal use and solely for non-commercial purposes, provided that you do not modify all or part of the information contained and that any copy of these Internet pages retains all the "copyright" and exclusive rights notices contained therein. The modification of these documents and/or any reproduction and any use of copies made for other purposes constitutes an infringement of the intellectual property rights of MAISON LEMOINE.
The MAISON LEMOINE brand and its logo, whether registered or not, displayed on the maison-lemoine.com website, as well as the domain names "maison-lemoine.com" and "maison-lemoine.fr" are, and will remain, the exclusive property of MAISON LEMOINE. Any reproduction, distribution, transmission, modification or use of these brands without the express prior consent of MAISON LEMOINE, for any reason whatsoever, is prohibited. Their disclosure may not under any circumstances be interpreted as granting a license or any right to use said brands, logos, designs and models and other distinctive elements.
8 - Hypertext links
8.1 - Hypertext links to the Website
Any creation of hypertext links to any part of the Site is subject to the express prior written consent of MAISON LEMOINE.
Thus, if you have a personal website and you wish to place on your site, for personal use, a simple link directly to the home page and/or any other page of the Website, you must request authorization from MAISON LEMOINE.
Where applicable, the authorization of MAISON LEMOINE will be non-exclusive and revocable and will not constitute in any case an implicit agreement of affiliation. In any event, it is prohibited to:
- create a hyperlink which may be of an illegal, unfair, misleading, false, pejorative, counterfeit nature to MAISON LEMOINE Articles or which may harm or damage the reputation of MAISON LEMOINE;
- set up a hyperlink that would suggest any form of association, approval or support from MAISON LEMOINE, when none exists;
- set up a hyperlink on a website of which you are not the owner;
- set up a hyperlink on a Website integrated into another website;
- to use the framing or in-line linking technique
In all these cases, any link must be removed upon simple request from MAISON LEMOINE, which reserves the right to appeal.
Under no circumstances may the creation of a hyperlink engage the responsibility of MAISON LEMOINE, in any capacity whatsoever.
8.2 - Hypertext links from the Website to other sites
The MAISON LEMOINE Website also contains hypertext links to third-party sites not published or controlled by MAISON LEMOINE (the “Linked Sites”).
Such links are provided solely as a convenience and cannot and should not be construed as an express or implied endorsement of such sites, their content, or any products or services offered therein.
MAISON LEMOINE has no control over these Linked Sites and cannot be held liable for their actions, or for any loss or damage resulting from your use of these Linked Sites. Use of the Linked Sites is governed by the terms of use and service specific to each Linked Site.
In particular, MAISON LEMOINE has no control over the content, privacy and personal data protection policies or actions of these websites. The use of information that You may provide to third parties on other sites or that these third parties may collect on other websites is not governed by this Privacy Policy. You should carefully review the privacy and personal data protection policies of third-party websites and contact the publishers of these sites if you have any questions about how they use information about you.
9 – Responsibility
MAISON LEMOINE shall not be liable to You or any third party for any indirect, incidental, special or consequential damages - which include, but are not limited to, any loss of profit or other indirect loss - resulting from your use of the www.maison-lemoine.com website or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.
Furthermore, MAISON LEMOINE cannot guarantee or affirm:
- that the website is free of viruses, data-crushing programs, Trojan horses or other destructive material. MAISON LEMOINE warns each Customer of the need to implement within their computer or portable or mobile equipment a solution and security measures likely to prevent the spread of viruses.
- the reliability of the Internet network, especially in terms of relative security in the transmission of data, non-guaranteed continuity in access to the Site, non-guaranteed performance in terms of volume and speed of data transmission and the spread of viruses.
- that the information contained in the site is accurate, complete or up to date. Indeed, the website may contain technical inaccuracies or other defects, MAISON LEMOINE does not guarantee the correction of these defects. The website and the content of this site are presented "as is" and "according to availability".
MAISON LEMOINE expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site www.maison-lemoine.com or the suitability of the site for normal use or specific use, its quality or compliance with all legal provisions. This limitation of liability applies to the fullest extent permitted by law.
10 - Warranty
You agree to indemnify, defend, and hold harmless MAISON LEMOINE (and its directors, officers, employees, consultants, agents, affiliates, etc.) from and against any third-party claims, liabilities, damages, and/or costs (including, without limitation, legal fees) arising from your use of the Website.
11 - Nullity
If any part of the T&Cs is found to be unenforceable (including any provision relating to the exemption of liability), the enforceability of the remainder of the T&Cs will not be affected, and the other clauses will remain in force.
Wherever possible, where a clause/sub-clause or part of a clause/sub-clause can be severed from the remainder of the clause so as to render the remaining part valid, the clause shall be construed accordingly. Otherwise, you agree that the clause in question shall be rectified and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the Act.
12 - No Waiver
If you do not comply with these T&Cs and if no action is taken against you, MAISON LEMOINE will always retain its right to use its rights and rights to act in any other situation of non-compliance with these T&Cs on your part.
13 – Disputes, applicable law and jurisdiction
In the event of a dispute, you have the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.
Therefore, you are invited to contact MAISON LEMOINE Customer Service, in order to resolve any potential dispute amicably. In general, you are invited to share your comments, positive or negative, by contacting Customer Service.
In any event, these T&Cs are governed and interpreted in accordance with French law, in accordance with EC Regulation 593/2008 of June 17, 2008. In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- You can contact either the Court of the place where you are domiciled or the French Courts,
- MAISON LEMOINE may refer the matter to the Court of the place where you are domiciled.
MAISON LEMOINE reserves the right to request and obtain injunctions or orders for the defense of its rights under this agreement.
These T&Cs do not affect your statutory rights as a consumer. For further information about your rights, you should contact your local authority or consumer advice body.
Finally, please note that this Website complies with French law, and under no circumstances does MAISON LEMOINE give any guarantee of compliance with local legislation that may be applicable to you, if you access the Website from other countries.