GENERAL CONDITIONS OF SALE AND USE OF THE MAISON LEMOINE SITE FOR PROFESSIONALS

 

Article 1 – PURPOSE

The Seller is the company Maison Lemoine, SARL registered with the Nanterre Trade and Companies Register under number 814 096 939, whose The Seller is the company MAISON LEMOINE - SAS with share capital of 10,000 euros - 15, rue Blondel - 75002 PARIS registered under number RCS Paris B 814 096 939 - NAF Code 4771Z FR94814096939, whose products are accessible on the website www.maison-lemoine.com, represented by Claire Lemoine, President, (hereinafter "The Seller").

The Reseller is the company on whose behalf the order is placed and whose activity consists of selling fashion outfits and accessories in stores or showrooms (hereinafter “the Reseller”).

This document determines the rights and obligations of the parties in the context of the sale by Maison Lemoine of ready-to-wear ("the Products"). It applies to orders placed by the Reseller with Maison Lemoine via a purchase order (or an email that includes the details thereof), or via the Maison Lemoine website https://www.maison-lemoine.com and forms, with the purchase order, or the invoice issued when ordering on the site, the sales contract.

ARTICLE 2 – PRODUCTS

The Seller undertakes to provide new products in perfect condition and to correct any defect on a Product or to replace said defective Product at its own expense. The Products must comply with the technical characteristics indicated in each product sheet on the website https://www.maison-lemoine.com . The illustrations or photographs of the Products on the website have no contractual value. The Products relate exclusively to Maison Lemoine creations.

ARTICLE 3 – DELIVERY

Delivery of the Products is made to the delivery address indicated on the order form and/or invoice. The standard delivery time is 4 working days from receipt of payment by the Seller as indicated below and within the limit of available stocks. The Seller cannot be held responsible in the event of a delay in delivery attributable to the carrier.

The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the Reseller:

• the allocation of damages;
• cancellation of the order.

In the event of a delay of more than 14 working days, the Reseller may request the cancellation of the sale. The deposits already paid will then be returned to him by the Seller.

The Seller shall not be liable under any circumstances in the event of delay or suspension of delivery attributable to the Reseller or in the event of force majeure.

Delivery will be made to the place of delivery indicated by the Reseller, the products traveling at the Reseller's risk. The latter is required to check the apparent condition of the products upon delivery. In the absence of reservations expressly formulated in writing by the latter, within 7 days of delivery, the products delivered will be deemed to conform in quantity and quality to the order. The Seller will replace as soon as possible and at its own expense the products delivered whose lack of conformity has been duly proven by the Reseller.

ARTICLE 4 – BILLING AND PAYMENT

The Reseller undertakes to pay the Seller the full price of the Products indicated in the order form as well as the delivery costs (including insurance) of the Products. These will be communicated to him by the Seller as soon as the estimate of the costs has been carried out.

When registering the order on the Seller's B2B website https://www.maison-lemoine.com , the Reseller must pay 100% of the total amount of the invoice at the time of validation of the order.

If the purchase is not made through the B2B website, an invoice is issued by the Seller upon signing the Order. Payment is made by the Reseller upon receipt of said invoice, by bank transfer to the account of the company Maison Lemoine, the contact details of which are indicated on the order form.

Any payment constitutes a firm and final order, returns and refunds are not possible.

Late payment

In the event of total or partial non-payment of the goods delivered on the day of receipt, the Reseller must pay the Seller a late payment penalty equal to three times the legal interest rate.

The legal interest rate used is that in effect on the day of delivery of the goods; it is revised every 6 months (Order No. 2014-947 of August 20, 2014).

This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a fixed compensation of 40 euros due for recovery costs (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).

Discount

No discount will be granted for early payment.

Price

The prices of the goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.

The Seller reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Retention of title clause

The Seller retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the Reseller is subject to receivership or liquidation, the Seller reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.

Professional discounts 

The Reseller may benefit from a discount rate which may be reviewed within the framework of Special Conditions of Sale, during commercial negotiations, depending on the nature and volume of the services provided.

ARTICLE 5 – PRICE OF PRODUCTS IN STORE

The Reseller may freely set the price of the Products resold in its store or showroom, provided that this price is not lower than the public price practiced by Maison Lemoine on its website. This will not apply during sales or clearance sales of the Reseller, which must remain the exception, and which may only concern Maison Lemoine products after express agreement of the Seller.

ARTICLE 6 – RESALE CLAUSE

The Seller reserves the right to choose its distributors itself. No Reseller may resell Products to another reseller, unless expressly agreed otherwise by Maison Lemoine.

ARTICLE 7 – COMMUNICATION AND BRAND IMAGE

The Parties undertake to communicate positively about each other and to provide each other with the elements and media necessary for communication on social networks (visuals of shootings, texts, product images, graphic charter, etc.). The Seller undertakes to cite the Reseller as a point of sale on its website. The Reseller undertakes to communicate about Maison Lemoine at its store or showroom, and to respect the Maison Lemoine quality standards, in particular in the presentation and exhibition of the brand and the Products, as well as in any alterations that may be made.

ARTICLE 8 – CONFIDENTIALITY

The Seller and the Reseller undertake to keep confidential all information of which they have become aware in the context of their private exchanges, in particular the financial conditions of the contract.

ARTICLE 9 – DELETION OF THE RESELLER ACCOUNT

In the event of non-compliance with all or part of these General Terms and Conditions, the Seller reserves the right to terminate commercial relations and delete the account of the Reseller concerned, after prior notification by email.

ARTICLE 10 - APPLICABLE LAW, LANGUAGE OF THE CONTRACT AND JURISDICTION CLAUSE

By express agreement between the parties, these General Terms and Conditions of Sale and the purchase and sale transactions resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

ALL DISPUTES TO WHICH THIS CONTRACT MAY GIVE RISE,

CONCERNING BOTH ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, ITS

TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP WILL BE SUBMITTED TO THE PARIS COURT (75).

ARTICLE 11 - RESELLER'S ACCEPTANCE

These general conditions of sale are expressly accepted by the Reseller who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase.

General Conditions of Sale for Resellers – Updated in March 2023