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This site is provided and operated by the company Ernest Chausseur, SARL with share capital of 40,000 €uros and registered with the RCS of Paris under No. 642 046 668. Its registered office is located at the address – 75 Boulevard de Clichy 75009 PARIS Site publication director: 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 can be placed on the website in French and English.
2. Identity
The MAISON ERNEST brand and the website www.maisonernest.com (hereinafter referred to as the “Site”) are published and operated by the company ERNEST CHAUSSEUR, SARL with share capital of 40,000 euros whose registered office is located at 75 boulevard de Clichy 75009 Paris, telephone +33(0)145269720, registered with the RCS of Paris under number 642046668, intra-community VAT FR55642046668.
The seller is defined as SARL ERNEST CHAUSSEUR. The customer is defined as the legal entity or natural person purchasing an item offered by ERNEST CHAUSSEUR and accepting these terms of sale. The recipient is defined as the legal entity 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 remote order. Minors do not have the capacity to contract. These general terms and conditions of sale govern the contractual relationship between the seller and the customer, both parties accepting them without reservation. They will prevail over any other conditions appearing in any other document, unless prior, express, and written waiver.
3. Confidentiality
We guarantee the confidentiality of the data and information provided to us by our customers. Under no circumstances do we share this information with third parties. This information is intended for ERNEST CHAUSSEUR to process the order; it 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 mailings, you can contact us at the address indicated below. You have the right to access, modify, rectify and delete data concerning you in our customer file (French Data Protection Act of 6 January 1978). For any request, please contact: Mr. Data Protection Officer – MAISON ERNEST – 75, boulevard de Clichy – 75009 PARIS
4. Order
All our items are available in sizes 35 to 41. Other sizes may be available if they are mentioned, for example, 32 to 46. Items are described and presented with the greatest possible accuracy.
However, if errors or omissions may have occurred, the seller cannot be held liable for them. 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 telephone 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 to be borne by the customer are those of his personal internet connection. Orders placed online are confirmed by email.
Availability of items: items are available while stocks last. The seller will inform the customer of any delivery delays or stock shortages by the most appropriate means (the maximum period being 30 days from the day after the order is placed). There may be a delay between the inclusion on the website and the actual availability of the items. Payment is not collected until the order is shipped.
The seller reserves the right to cancel any order from a customer with whom there is a dispute relating to a previous order or who presents any form of risk in the seller's eyes.
The information provided by the customer when placing the order is binding on the customer: in the event of an error in the wording of the customer's or recipient's contact details, the seller cannot be held responsible for any inability to deliver the order. The customer is asked to provide a valid telephone number when placing the order to facilitate contact; for export, customs require us to indicate this number on the shipping slip.
5. Price
For Metropolitan France and EC countries, all our prices are expressed in euros including all taxes (VAT included) including VAT at the legal rate in force and excluding shipping costs. They are guaranteed while stocks last, except in the event of a change in the VAT rate or the creation/modification of another tax. The amount of delivery and insurance costs for distance selling is calculated on a flat-rate basis depending on the delivery location according to the scale indicated on the website. If several items are ordered at the same time, delivery costs only apply once.
If the recipient is outside the EEC or in the French overseas departments and territories, the customer must pay the applicable duties and taxes.
We may occasionally offer free shipping. In this case, the customer will not incur any 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 an order in order to have the intra-community VAT number validated.
Any order delivered outside of mainland France may be subject to local taxes, customs duties, dock dues, and customs clearance fees upon delivery. These are the responsibility of the recipient and are their responsibility. Check with the relevant authorities at the delivery location.
6. Payment
The price charged to the customer is the price indicated in the 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 bank cards;
• for orders and payments online: Paypal, and all bank 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 payment by bank card: in this case the seller reserves the right to request another payment method or to ask the customer to provide proof of identity and address.
An invoice is issued for any sale to a professional or private customer outside the EEC or in the French overseas territories. Private customers in mainland France or the EEC can request an invoice. For all customers, a duplicate invoice can be issued free of charge within one month of the sale; after one month, a duplicate will be charged €10 including tax.
7. Tax exemption
Our customers who usually reside outside the EEC, DOM and Monaco, and are passing through France for less than 6 months, can benefit from an export tax refund. The amount of purchases including tax must be at least 175.01 euros on the same day and the items must be reserved for personal use and carried in the customer's luggage. The refund rate is 12% of the price including tax and will be made by credit to a bank card, bank transfer to a bank account in metropolitan France, check or cash. Please note: customs clearance must take place within 3 months from the end of the month in which the invoice was issued. The use of tax refunds is not an obligation 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. Secure Payment Information
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. 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 the main browsers.
9. Delivery
All our items ordered via distance selling are delivered by registered Colissimo Expert, delivered against signature, regardless of the destination, and insured for their value.
Delivery costs are:
Metropolitan France: €15 for up to 2 pairs, then €5 per pair for 3 pairs or more, delivery time 2 to 4 working days
Europe, Switzerland: €30 for up to 2 pairs, then €10 per pair for 3 pairs or more, delivery time 6 to 12 working days
Other countries: €65 for up to 2 pairs, then €15 per pair for 3 pairs or more, delivery time 8 to 16 working days
The seller bears the risks associated with transport until delivery, i.e. until the physical delivery of the item to the recipient or his representative who accepts it against signature of the delivery slip acknowledgment of receipt. The recipient is required to check the good condition of the package and, if in doubt, to mention the problem as damaged or missing item, open package or repackaged (except customs passage) on the slip in the presence of the employee. The recipient has 3 days to report the problem to the seller.
The time limit for complaints about non-delivery of our items is 6 weeks for mainland France and the French overseas departments and territories, and 10 weeks for other destinations, 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, then refer to the "Complaints for distance selling" chapter.
Some countries restrict the entry of goods into their territory. It is the customer's responsibility to ensure the conditions of access for the ordered items in the destination country. The seller cannot be held responsible for any destruction or blockage of the package upon entry to the destination country.
10. Guarantee of hidden defects
All items offered by the seller are subject to the legal guarantee against hidden defects provided for by articles 1641 et seq. of the Civil Code.
11. Complaints on sale in store
In the event that the item has a hidden defect in the legal sense of the term, the customer will be reimbursed for the item at the store. Please note that shoes wear out and deteriorate with use, which cannot under any circumstances constitute a hidden defect.
12. Complaints regarding distance selling
In the event that (this list being exhaustive):
• the item delivered does not conform to the item ordered;
• the delivered item is defective;
• the item has a hidden defect (note that shoes wear out and deteriorate with use, which cannot under any circumstances constitute a hidden defect);
• the item was never delivered or was delivered damaged and was the subject of a complaint to the seller within the time limit.
The customer will have the option of being reimbursed for their order (price of the item plus delivery costs) as well as the return costs based on the Colissimo public rate (or its equivalent for foreign countries) against the return of the item in question (except for lost parcels).
13. Right of withdrawal
Under the conditions provided for by article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a withdrawal period of 7 clear days from the delivery of his order* (except for “Made to order” items, see the “Made to order” paragraph) which will be reimbursed against return of the delivered products. Return costs are the responsibility of the buyer. The value of the returned products will be reimbursed, excluding the initial transport costs, within a maximum period 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 clear days from the validation of their order. After this period, the order cannot be cancelled, and the items cannot be returned, exchanged, refunded, nor can they benefit from a credit note.
15. Return conditions
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 items delivered). Returns are made at the customer's own risk (it is strongly recommended to declare the value of the item and take out insurance covering the risks) to the following address: MAISON ERNEST – 75, boulevard de Clichy – 75009 PARIS
In the event that 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 refund the item and will keep the item available to the customer at the store for a period of 1 year (this paragraph does not concern returns for hidden defects and items delivered damaged).
Shipping costs for returns are the responsibility of the customer.
In the case of a return due to a hidden defect, the customer must contact the seller to have a return slip sent to them.
16. Terms of exchange or refund
The refund amount includes only the price of the item.
Reimbursement terms at the customer's choice:
• exchange for an identical item or another item. If the exchange gives rise to delivery costs, these are the responsibility of the customer. In the event that the amount of the refund is greater than the price of the exchange and the delivery costs, 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 possibility is only offered for the right of withdrawal in distance selling during the first 7 days and for complaints);
• customer credit to be used on a subsequent 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 upon ordering. The delivery time is an approximate time, which cannot be questioned if it should be exceeded for reasons beyond our control.
“Made to order” items cannot be returned, exchanged, refunded, nor can they be credited.
18. Wearing high heels
The client must ensure that their body shape and physical condition do not prevent them from wearing high-heeled shoes, by consulting their doctor if they cannot answer this question themselves. The client must ensure that they have the necessary ease, musculature and attention to walk in high-heeled shoes, for example, this list is not exhaustive, not to twist their foot, not to stumble, etc.
Walking in high-heeled shoes is different from walking normally. A broken shoe or heel due to improper walking or posture does not constitute a defect or hidden flaw in the shoe.
19. Heel height
The heel height indicated is measured for size 37, which is our reference size. This height varies with the size, plus or minus approximately 3 mm per size. Thus, for a shoe with a 10 cm heel in size 37, the heel will be approximately 11 cm in size 40 and 9 cm in size 34.
20. Retention of title
The items 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 restitution and the items being returned at the customer's expense, risk and peril.
21. Liability
The seller has, for all stages of access to the website, the ordering process, delivery, customer service or subsequent services, only an obligation of means. The seller cannot be held liable for inconveniences or damages inherent in 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 and intellectual property law 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 even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the www.maisonernest.com website is strictly prohibited without prior agreement.
23. Applicable law and competent jurisdiction
These general terms and conditions of sale and the associated sales contract are subject, as to their validity, interpretation and execution, to French law. In the event of a dispute, the parties must first seek an amicable solution. In the absence of 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 the event of multiple defendants or third-party claims, unless the seller prefers to refer the matter to any other competent court.
24. Delivery – Exchange and return
PARIS – FROM €10
Courier: delivery of items chosen and ordered between Tuesday and Friday (until 4 p.m.) during the day
FRANCE – FROM €15
Colissimo: delivery of selected items within 48 to 72 hours on working days, after validation of your order (+24 to 48 hours during promotional periods and in August).
DHL 24h: delivery of selected items within 48h to 72h, working days, after validation of your order (+24h to 48h during promotional periods and in August).
EUROPE – FROM €25
Colissimo: delivery of selected items within 3 to 5 working days, after validation of your order (+24 to 48 hours during promotional periods and in August).
WORLD – FROM €50
DHL or Colissimo: delivery of selected items within 5 to 7 working days, after validation of your order (+24 to 48 hours during promotional periods and in August).
25. Exchanges and Returns
You can return any item within 14 days of receiving your order by emailing contact@maisonernest.com or using our contact form. The product must be unworn and in its original packaging (boxes, accessories, protections, labels, etc.), accompanied by the purchase invoice. Upon receipt of your product, and after verification by our Quality Department, we will refund it within 30 days at the latest.