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This site is provided and operated by the company Ernest Chausseur, SARL with a share capital of 40,000 euros and registered with the Paris RCS under number 642 046 668. Its registered office is located at – 75 Boulevard de Clichy 75009 PARIS Publication director of the site: Bordji Isabelle
Host: LWS – 4, RUE GALVANI – 75838 PARIS CEDEX 17 – FRANCE
1. Scope of application
These general terms and conditions of sale apply to all sales made by SARL ERNEST CHAUSSEUR. They are available only in French in-store, on the back of order forms, and on the website. Orders placed on the website can be made in French and English.
2. Identity
The brand MAISON ERNEST and the website www.maisonernest.com (hereinafter referred to as the "Site") are published and operated by the company ERNEST CHAUSSEUR, SARL with a share capital of 40,000 euros, whose registered office is located at 75 boulevard de Clichy 75009 Paris, phone +33(0)145269720, registered with the Paris RCS under number 642046668, intra-community VAT FR55642046668.
The seller is defined as SARL ERNEST CHAUSSEUR. The customer is defined as the legal or natural person purchasing an item offered by ERNEST CHAUSSEUR and accepting these terms of sale. The recipient is defined as the legal or natural person to whom the item is shipped. The store is located at 75 boulevard de Clichy 75009 Paris.
The customer acknowledges having read these general terms and conditions of sale at the time of purchase or distance order. Minors do not have the capacity to contract. These general terms and conditions of sale govern the contractual relations between the seller and the customer, both parties accepting them without reservation. They shall prevail over any other conditions appearing on any other document, except for prior, express, and written derogation.
3. Confidentiality
We guarantee the confidentiality of the data and information transmitted to us by our customers. Under no circumstances do we transfer this information to third parties. This information is intended for ERNEST CHAUSSEUR for order processing and is recorded in the customer file.
We may use this information for prospecting purposes by mail or email. If you do not wish to receive our emails, you can unsubscribe on our website. If you do not wish to receive our mail, you can contact us at the address indicated below. You have the right to access, modify, correct, and delete data concerning you in our customer file (law "Informatique et Libertés" of January 6, 1978). For any request, please contact: Monsieur le Correspondant Informatique et Libertés – MAISON ERNEST – 75, boulevard de Clichy – 75009 PARIS
4. Order
All our items are available from size 35 to 41. Other sizes may exist if mentioned, for example from 32 to 46. The items are described and presented with the greatest possible accuracy.
However, if errors or omissions have occurred, they cannot engage the seller's liability. Photographs are not part of this contract. The seller will immediately inform the customer of any errors or omissions that could prevent the sale.
Apart from in-store sales, an order can be placed by mail addressed to MAISON ERNEST 75 boulevard de Clichy 75009 Paris, by phone at +33(0)145269720, by email at contact@maisonernest.com or online at www.maisonernest.com. Access to the website www.maisonernest.com is free, the only costs borne by the customer being those of their personal internet connection. Orders placed online are confirmed by email.
Availability of items: items are available while stocks last; the seller informs the customer of any delivery delays or stock shortages by the most appropriate means (the maximum delay being 30 days from the day after the order is placed). There may be a delay between the listing on the website and the actual availability of the items. Payment is not collected before the order is shipped.
The seller reserves the right to cancel any order from a customer with whom there is a dispute related to a previous order or who appears to present any form of risk in the seller's view.
The information provided by the customer when placing the order binds them: in case of an error in the wording of the customer's or recipient's contact details, the seller cannot be held responsible for the inability to deliver the order. The customer is asked to provide a valid phone number when placing the order to facilitate contact; for export, customs require us to indicate this number on the shipping document.
5. Price
For mainland France and EEC countries, all our prices are expressed in euros including all taxes (TTC) with VAT at the legal rate in force and excluding shipping cost contributions. They are guaranteed until stock runs out except in case of VAT rate changes or creation/modification of another tax. The amount of delivery and insurance fees for distance sales is calculated as a flat rate based on the delivery location according to the scale indicated on the website. If multiple items are ordered at the same time, delivery charges apply only once.
If the recipient is outside the EEC or in the DOM/TOM, the customer must pay the applicable duties and taxes.
We may occasionally offer free shipping. In this case, the customer will incur no delivery charges.
If the customer is a company registered in the EEC outside France with a valid intra-community VAT number, the invoice will be issued without VAT: in this case, contact the seller before placing the order to validate the intra-community VAT number.
Any order delivered outside mainland France may be subject to local taxes, customs duties, octroi de mer, and customs clearance fees upon delivery. Payment of these charges is the responsibility of the recipient. Please inquire with the competent authorities at the place of delivery.
6. Payment
The price charged to the customer is the price indicated in-store (in-store sale) or on the order confirmation (online sale). The price is payable in cash.
The seller accepts the following payment methods:
• for in-store purchases: cash in euros, CB, VISA, MASTERCARD, and AMERICAN EXPRESS credit cards;
• for orders and payments via the internet: Paypal, and all credit cards accepted by Sogenactif, the secure payment platform of our bank Société Générale, such as CB, VISA or MASTERCARD, AMEX, JCB, and PLURIEL, etc... (non-exhaustive list)
The seller's anti-fraud system may issue an unfavorable opinion on a credit card payment: in this case, the seller reserves the right to request another payment method or to ask the customer to justify their identity and address.
An invoice is issued for any sale to a professional or to a private customer outside the EEC or in the DOM/TOM. Private customers from mainland France or the EEC can request an invoice. For all customers, a duplicate invoice can be issued free of charge within one month following the sale; beyond 1 month, 10 euros including tax will be charged for issuing a duplicate.
7. Tax refund
Our customers usually residing outside the EEC, DOM, and Monaco, and visiting France for less than 6 months, can benefit from export tax refund. The total purchase amount including tax must be at least 175.01 euros on the same day, and the items must be reserved for personal use and transported in the customer's luggage. The refund rate is 12% of the total price including tax and will be made by credit to the credit card, bank transfer to a bank account in mainland France, check, or cash. Note: customs clearance must take place within 3 months from the end of the month in which the billing occurred. Using the tax refund is not mandatory for the seller, who reserves the right to refuse a tax refund request that does not meet the conditions required by the Official Customs Bulletin.
8. Information on secure payment
Our website accepts credit card payments such as CB, VISA or MASTERCARD, AMEX, JCB, and PLURIEL (non-exhaustive list). For the security of your payments, we use "Sogenactif," the credit card payment solution developed by our bank, Société Générale. With this system, your card payment is made directly on the secure server of our bank, Société Générale. At no time will your card number be communicated to us. The exchanges are encrypted and secured thanks to the SSL 3 (Secure Socket Layer) protocol on the Internet, a protocol that has become a global standard and is usable by major browsers.
9. Delivery
All our items ordered via distance selling are delivered by registered Colissimo Expert with signature required regardless of the destination, and insured for their value.
Delivery fees are:
Mainland France: €15 up to 2 pairs, then €5 per pair from 3 pairs, delivery time 2 to 4 working days
Europe, Switzerland: €30 up to 2 pairs, then €10 per pair from 3 pairs, delivery time 6 to 12 working days
Other countries: €65 up to 2 pairs, then €15 per pair from 3 pairs, delivery time 8 to 16 working days
The seller bears the risks related to transport until delivery, that is, until the physical handover of the item to the recipient or their representative who accepts it against signature of the delivery receipt acknowledgment. The recipient is required to check the good condition of the package and in case of doubt to mention the problem as damaged or missing item, opened or repackaged package (except customs inspection) on the receipt in the presence of the agent. The recipient has 3 days to report the problem to the seller.
The claim period for non-delivery of our items is 6 weeks for mainland France and the DOM/TOM, and 10 weeks for other destinations, starting from the shipping date communicated to you. If the package is found, it will be forwarded to the recipient. If the package is declared lost, please refer to the chapter "Distance selling claim."
Some countries restrict the entry of goods into their territory. It is the customer's responsibility to ensure the conditions for access of the ordered items in the destination country. The seller cannot be held responsible for any possible destruction or blocking of the package upon entry into the destination country.
10. Warranty for hidden defects
All items offered by the seller are subject to the legal warranty for hidden defects provided by articles 1641 and following of the Civil Code.
11. In-store sales claim
In the event that the item has a hidden defect in the legal sense of the term, the customer will be reimbursed for their item at the store. Note that shoes wear out and deteriorate with use, which in no way can constitute a hidden defect.
12. Distance selling claim
In the event that (this list being exhaustive):
• the delivered item does not conform to the ordered item;
• the delivered item is defective;
• the item has a hidden defect (note that shoes wear out and deteriorate with use, which in no way can constitute a hidden defect);
• the item was never delivered or was delivered damaged and a claim was made to the seller within the allotted time.
The customer will have the option to be refunded for their order (item price plus delivery charges) as well as return shipping costs based on the Colissimo public rate (or its equivalent for foreign countries) upon return of the item in question (except for lost parcels).
13. Right of withdrawal
Under the conditions provided by article L121-16 of the Consumer Code and within the framework of distance selling, the buyer has a withdrawal period of 7 full days from the delivery of their order* (except for "Made to Order" items, see the "Made to Order Items" paragraph) which will be refunded upon return of the delivered products. Return shipping costs are the responsibility of the buyer. The value of the returned products will be refunded, excluding initial shipping costs, within a maximum of 30 days.
14. Right of withdrawal for "Made to Order" items
For any "Made to Order" item (individuals and professionals), the buyer has a withdrawal period of 7 full days from the validation of their order. After this period, the order cannot be canceled, and the items cannot be returned, exchanged, refunded, or credited.
15. Return terms
Prior to any return, the customer must contact the seller to ensure the legitimacy of the return.
The customer must return the item in its original condition and packaging (except for returns due to hidden defects or damaged delivered items). The return is at the customer's risk (it is strongly advised to declare the value of the item and to take out insurance covering the risks) to the following address: MAISON ERNEST – 75, boulevard de Clichy – 75009 PARIS
If the item is not returned in its original condition (i.e., damaged or showing signs of wear or shoes clearly worn), the seller will not proceed with the refund and will keep the item at the customer's disposal in the store for a period of 1 year (this paragraph does not apply to returns for hidden defects and items delivered damaged).
Return shipping costs are the responsibility of the customer.
In the case of a return for hidden defects, the customer must contact the seller to receive a return slip.
16. Exchange or refund terms
The refund amount includes only the price of the item.
Refund methods at the customer's choice:
• exchange for an identical item or another item. If the exchange incurs delivery charges, they are the responsibility of the customer. In the event that the refund amount exceeds the price of the exchange and delivery charges, the balance will be refunded by one of the following 2 methods:
• payment of the amount to the customer's account by the most appropriate means within 30 days (this option is offered only for the right of withdrawal in distance selling during the first 7 days and for claims);
• store credit to be used on a future purchase within 3 months (after this period, the credit becomes void).
If, on the contrary, the refund amount is lower, the difference must be paid by the customer using one of the accepted payment methods.
17. “Made to order” items
For any “Made to order” item, whether on our website or in-store, payment will be made in full at the time of order. The delivery time is approximate and cannot be challenged if exceeded for reasons beyond our control.
“Made to order” items cannot be returned, exchanged, refunded, nor can they benefit from store credit.
18. Wearing high-heeled shoes
The customer ensures that their body shape and physical condition do not oppose wearing high-heeled shoes, consulting their doctor if they cannot answer this question themselves. The customer ensures they have the ease, musculature, and attention necessary to walk in high-heeled shoes, for example, this list not being exhaustive, not to twist the foot, not to trip...
Walking in high-heeled shoes is different from ordinary walking. Shoe or heel breakage due to improper walking or positioning does not constitute a defect or hidden flaw of the shoe.
19. Heel height
The indicated heel height is measured for size 37, which is our reference size. This height varies with the size by approximately 3 mm more or less per size. Thus, for a shoe with a 10 cm heel in size 37, the heel will be about 11 cm in size 40 and 9 cm in size 34.
20. Retention of title
The items that will be delivered and invoiced to you will remain the property of the seller until full payment of their price. Failure to pay may result in the seller reclaiming the items, with immediate return and the items being returned at the customer's expense, risk, and peril.
21. Liability
The seller has only an obligation of means for all stages of access to the website, the ordering process, delivery, customer service, or after-sales services. The seller's liability cannot be engaged for inconveniences or damages inherent to the use of the Internet network or any event qualified as force majeure, in accordance with case law.
22. Intellectual property
All texts, comments, works, illustrations, and images reproduced on www.maisonernest.com are reserved under copyright law as well as intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the www.maisonernest.com site is strictly prohibited without prior agreement.
23. Applicable law and competent jurisdiction
These general terms and conditions of sale as well as the associated sales contract are subject, regarding their validity, interpretation, and execution, to French law. In case of dispute, the parties must first seek an amicable solution. Failing an amicable agreement, any dispute relating to the interpretation and/or execution of these general terms and conditions and the sales contract will be submitted to the jurisdiction of the Paris Commercial Court, including in cases of multiple defendants or third-party claims, unless the seller prefers to bring the case before any other competent jurisdiction.
24. Delivery – Exchange and return
PARIS – FROM 10 €
Courier: delivery of selected and ordered items between Tuesday and Friday (until 4pm) on the same day
FRANCE – FROM 15 €
Colissimo: delivery of selected items within 48h to 72h, business days, after order validation (+24h to 48h during promotional periods and in August).
DHL 24h: delivery of selected items within 48h to 72h, business days, after order validation (+24h to 48h during promotional periods and in August).
EUROPE – FROM 25 €
Colissimo: delivery of selected items within 3 to 5 business days, after order validation (+24h to 48h during promotional periods and in August).
WORLD – FROM 50 €
DHL or Colissimo: delivery of selected items within 5 to 7 business days, after order validation (+24h to 48h during promotional periods and in August).
25. Exchanges and returns
You can return any item within 14 days from the receipt of your order by sending an email to contact@maisonernest.com or via our contact form. The product must be unworn and in its original packaging (boxes, accessories, protections, tags, etc.), accompanied by the purchase invoice. Upon receipt of your product, and after verification by our Quality Service, we will proceed with its refund no later than 30 days.