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This site is provided and operated by Ernest Chausseur, a limited liability company with share capital of €40,000, registered in the Paris Trade and Companies Register under no. 642 046 668. Its head office is located at 75 Boulevard de Clichy 75009 PARIS Site publication manager: 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 can be consulted in French only in the boutique, 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 www.maisonernest.com website (hereinafter referred to as the "Site") are published and operated by ERNEST CHAUSSEUR, a limited liability company 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 Paris Trade and Companies Register under no. 642046668, intra-community VAT FR55642046668.
The seller is defined as SARL ERNEST CHAUSSEUR. The customer is defined as the legal entity or individual purchasing an item offered by ERNEST CHAUSSEUR and accepting the present conditions of sale. The recipient is defined as the legal or physical person to whom the article is sent. The boutique is located 75 boulevard de Clichy 75009 Paris.
The customer acknowledges having read and understood these terms and conditions of sale at the time of purchase or remote order. Minors do not have the capacity to contract. The present general conditions of sale govern the contractual relationship between the seller and the customer, both parties accepting them without reservation. They shall prevail over any other conditions appearing on any other document, unless expressly waived in writing beforehand.
3. Confidentiality
We guarantee the confidentiality of data and information sent to us by our customers. Under no circumstances do we pass on this information to third parties. This information is intended for ERNEST CHAUSSEUR to process the order, 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 mailings, please contact us at the address below. You have the right to access, modify, rectify and delete data concerning you in our customer file (French Data Protection Act of January 6, 1978). For all requests, please contact Monsieur le Correspondant Informatique et Libertés - MAISON ERNEST - 75, boulevard de Clichy - 75009 PARIS
4. Order
All our products are available in sizes 35 to 41. Other sizes may be available if mentioned, e.g. 32 to 46. Items are described and presented as accurately as possible.
However, the seller cannot be held responsible for any errors or omissions. Photographs do not fall within the scope of the present contract. The seller will immediately inform the customer of any errors or omissions that may prevent the sale.
Apart from in-store sales, orders can be placed by post to MAISON ERNEST 75 boulevard de Clichy 75009 Paris, by telephone on +33(0)145269720, by email to contact@maisonernest.com or by internet on www.maisonernest.com . Access to the www.maisonernest.com website is free of charge, the only costs being those of the customer's personal internet connection. Orders placed by internet are confirmed by email.
Availability of items: items are available while stocks last. The seller informs the customer of any delays in delivery 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 time lag between insertion on the website and actual availability of items. Payment is not collected until the order has been dispatched.
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, in the seller's opinion, presents any form of risk.
The information provided by the customer when placing an order is binding: in the event of an error in the customer's or recipient's details, the seller cannot be held responsible for the impossibility of delivering the order. The customer is asked to provide a valid telephone number when placing the order, in order to facilitate contact; for export, customs require us to indicate this number on the dispatch note.
5. Prices
For Metropolitan France and EC countries, all our prices are given in euros and include VAT at the current legal rate, but exclude 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. Delivery and insurance costs for distance selling are calculated on a flat-rate basis according to the place of delivery and the scale indicated on the website. If several 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 transport. In this case, the customer will not be charged for delivery.
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, please contact the seller before placing the order to have the intra-community VAT number validated.
Any order delivered outside mainland France may be subject to local taxes, customs duties, octroi de mer and customs clearance fees at the time of delivery. The recipient is responsible for paying these charges. Please check with the relevant authorities in the place of delivery.
6. Payment
The price invoiced to the customer is the price indicated in the store (in-store sales) or on the order confirmation (internet sales). The price is payable in cash.
The seller accepts the following methods of payment:
- for in-store purchases: cash in euros, CB, VISA, MASTERCARD and AMERICAN EXPRESS credit cards;
- for internet orders and payments: 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 reject a payment by credit card: in this case, the seller reserves the right to request another method of payment or to ask the customer to provide proof of 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 in mainland France or the EEC can request an invoice. For all customers, a duplicate invoice can be issued free of charge in the month following the sale; after 1 month, 10 euros (incl. VAT) will be charged for the issue of a duplicate.
7. Tax-free
Our customers usually residing outside the EEC, French overseas departments and Monaco, and visiting France for less than 6 months, can benefit from tax-free exports. The amount of purchases including VAT must be at least equal to 175.01 euros on the same day, and the items must be for personal use only and carried in the customer's luggage. The refund rate is 12% of the price including VAT, and will be made by credit card, bank transfer to a bank account in mainland France, cheque or cash. Please note: customs clearance must take place within 3 months of the end of the month in which the invoice was issued. The seller is not obliged to use the tax exemption system, and reserves the right to refuse a tax exemption request that does not meet the conditions set out in the Bulletin Officiel des Douanes.
8. Secure payment information
Our website accepts payment by credit card such as CB, VISA or MASTERCARD, AMEX, JCB and PLURIEL (non-exhaustive list). To ensure 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 to the Société Générale bank's secure server. Your card number will never be communicated to us. Exchanges are encrypted and secured using the SSL 3 (Secure Socket Layer) protocol on the Internet, which has become a worldwide standard and can be used by all major browsers.
9. Delivery
All our mail-order items are delivered by registered Colissimo Expert against signature, whatever the destination, and are insured for their value.
Delivery charges are :
Metropolitan France: €15 up to 2 pairs, then €5 per pair from 3 pairs, delivery within 2 to 4 working days
Europe, Switzerland: €30 for up to 2 pairs, then €10 per pair for 3 pairs or more, delivery within 6 to 12 working days.
Other countries: €65 for up to 2 pairs, then €15 per pair for 3 pairs or more, delivery within 8 to 16 working days.
The seller bears the risks associated with transport until delivery, i.e. until the physical handover of the item to the recipient or his representative, who accepts it against signature of the delivery note acknowledging receipt. The recipient is responsible for checking that the package is in good condition, and in the event of any doubt, to mention the problem on the delivery note in the presence of the employee, e.g. damaged or missing item, package opened or repackaged (except when passing through customs). The recipient has 3 days to report the problem to the seller.
The time limit for making a claim for non-delivery of our products is 6 weeks for metropolitan France and DOM/TOM, and 10 weeks for other destinations, from the dispatch date communicated to you. If the parcel is found, it will be forwarded to the addressee. If the parcel is declared lost, please refer to the "Distance selling claims" section.
Some countries restrict the entry of goods into their territory. It is the customer's responsibility to check the conditions of access to the items ordered in the country of destination. The seller cannot be held responsible for any destruction or blockage of the parcel upon entry into the destination country.
10. Warranty against hidden defects
All items offered by the seller are subject to the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
11.in-store complaints
In the event of a hidden defect in the legal sense of the term, the customer will be reimbursed at the boutique. Please note that shoes wear and deteriorate with use, which in no way constitutes a hidden defect.
12. Distance selling claims
In the event that (this list being limitative) :
- the item delivered does not correspond to the item ordered;
- the item delivered is defective ;
- the item has a latent defect (note that shoes wear and deteriorate with use, which in no way constitutes a latent defect);
- the item has never been delivered or has been delivered damaged and has been the subject of a complaint to the seller within the given time limit.
The customer will have the option of being reimbursed for the order (price of the item plus delivery costs) as well as the return costs on the basis of the public Colissimo rate (or its equivalent for foreign countries) against the return of the item in question (except for lost parcels).
13. Right of withdrawal
In accordance with article L121-16 of the French Consumer Code, the purchaser has a right of withdrawal within 7 clear days of delivery of the order* (except for "Made to order" items, see paragraph "Made to order items"), which will be reimbursed on return of the products delivered. Return costs are at the buyer's expense. The value of the returned products will be reimbursed, excluding initial shipping costs, within a maximum of 30 days.
14. Right of withdrawal for "made-to-order" items
For all "made-to-order" items (individuals and professionals), the purchaser has a right of withdrawal of 7 clear days from the validation of the order. Once this period has elapsed, the order cannot be cancelled, and the items cannot be taken back, exchanged or reimbursed, nor can a credit note be issued.
15. Return procedure
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 hidden defects or damaged items). The return is made at the customer's own 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
In the event that the item is not returned in its original condition (i.e., damaged or showing signs of wear or obviously worn shoes), the seller will not proceed with a refund and will hold the item at the customer's disposal at the boutique for a period of 1 year (this paragraph does not apply to returns for hidden defects and items delivered damaged).
Shipping costs for returns are at the customer's expense.
In the case of a return due to a hidden defect, the customer must contact the seller in order to receive a return slip.
16. Terms of exchange or refund
The amount of the refund includes only the price of the item.
The customer may choose the method of reimbursement:
- exchange for an identical item or another item. If the exchange gives rise to delivery costs, these will be borne by the customer. In the event that the amount of the refund is greater than the price of the exchange and delivery charges, the balance will be refunded by one of the 2 following methods:
- payment of the sum into the customer's account by the most appropriate means within 30 days (this option is only available for distance selling retraction 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 null and void).
If, on the other hand, the refund amount is lower, the difference must be paid by the customer using one of the accepted means of payment.
17. Made-to-order" items
For all "Made-to-order" items, whether on our website or in our store, payment must be made in full when the order is placed. Delivery times are approximate and cannot be questioned if they are exceeded for reasons beyond our control.
Made-to-order" items cannot be returned, exchanged or reimbursed, nor can they be credited.
18. Wearing high-heeled shoes
Customers must ensure that their morphology and physical condition do not prevent them from wearing high-heeled shoes, by consulting their doctor if they cannot answer this question themselves. The customer must ensure that he or she has the ease, musculature and attention required to walk in high-heeled shoes, for example (this list is not exhaustive) to avoid twisting the foot, tripping...
Walking in high-heeled shoes is different from ordinary walking. Shoe or heel breakage due to improper walking or posture does not constitute a defect or latent defect 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, by about 3 mm per size. So for a shoe with a 10 cm heel in size 37, the heel will be around 11 cm in size 40 and 9 cm in size 34.
20. Reservation of title
Items delivered and invoiced to you remain the property of the seller until full payment has been received. Failure to pay may result in the seller reclaiming the articles, with immediate restitution and return of the articles at the customer's expense and risk.
21. Liability
The seller's liability for all stages of access to the website, the ordering process, delivery, customer service or subsequent services is limited to an obligation of means. The seller may not be held liable for any inconvenience or damage inherent in the use of the Internet or for 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 private use is authorized, subject to different, or even more restrictive, provisions of the intellectual property code. Total or partial reproduction of the www.maisonernest.com website is strictly forbidden without prior agreement.
23. Applicable law and jurisdiction
These general terms and conditions of sale and the associated sales contract are subject to French law as regards their validity, interpretation and performance. In the event of a dispute, the parties must first seek an amicable solution. In the absence of amicable agreement, any dispute relating to the interpretation and/or performance of these general terms and conditions and the sales contract shall be submitted to the jurisdiction of the Paris Commercial Court, even in the event of multiple defendants or third-party claims, unless the seller prefers to bring the matter before any other competent court.
24. Delivery - Exchange and return
PARIS - FROM €10
Courier: same-day delivery of selected items ordered between Tuesday and Friday (until 4pm)
FRANCE - FROM €15
Colissimo: delivery of selected items within 48h to 72h, working days, after validation of your order (+24h to 48h during promotional periods and in August).
DHL 24h: delivery of selected items from 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 (+24h to 48h 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 (+24h to 48h during promotional periods and in August).
25. Exchanges and returns
You can return any item within 14 days of 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, labels, etc.), accompanied by the purchase invoice. Upon receipt of your product, and after verification by our Quality Department, we will proceed with reimbursement within 30 days at the latest.