TERMS AND CONDITIONS

This present website is furnished and used by the company Ernest Chausseur, LLC, with a social capital of €40,000, and registered at the Paris RCS under the registration #642 046 668. Its head office is located at - 75 Boulevard de Clichy 75009 PARIS.

Publishing manager: Bordji Isabelle

Host: LWS – 4, RUE GALVANI – 75838 PARIS CEDEX 17 – France

 

1. Field of applicability

These following terms of sales are applied to any sale carried out by Ernest Chausseur LLC. They can solely be consulted in French in-store, on the back of order forms and on the website. Orders on the website can be conducted in the French and English languages.

 

2. Identity

The MAISON ERNEST brand and the website www.maisonernest.com (thereafter called the « Website ») are published and operated by the corporation ERNEST CHAUSSEUR LLC, with a social capital of €40,000, with the head office is located at 75 Boulevard de Clichy, 75009 PARIS, phone number +33(0)145269720, registered at Paris RCS under the registration n°642046668, intercommunity VAT FR55642046668.

The seller is defined as ERNEST CHAUSSEUR LLC. The client is defined as being the physical or moral person completing the purchase of an item proposed by ERNEST CHAUSSEUR and accepting these terms of sales. The recipient is defined as the moral or physical person to whom the item is sent. The store is located at 75 Boulevard de Clichy 75009 Paris.

 

The client recognizes taking into consideration when purchasing or ordering these general terms of sales. Minors do not have the capacity to contract. These general terms of use govern the contractual relationships between the seller and the client, with unconditional acceptance for both parties. They will prevail over the other terms appearing on any other document, except those previously exempted, expressly and in writing. 

 

3. Confidentiality

We guarantee the confidentiality of the data and information transmitted by our clients. In no way may we give this information to third parties. This information is provided to ERNEST CHAUSSEUR for the processing of the order and is registered in the customer file.

 

We may use this information for prospectionby e-mail and post. If you wish to stop receiving our e-mails, you can unsubscribe on our website. If you wish to stop receiving our postal mail, you can contact us at our postal address. You have the right to access, modify, rectify and delete the information about you figuring in our customer file (law “Informatique et Libertés”, January 6th 1978).

For any requests, please contact: Monsieur le Correspondant Informatique et Libertés – MAISON ERNEST – 75, boulevard de Clichy – 75009 PARIS

 

4. Orders

All of our items are available in sizes 35 to 41. Other shoe sizes may exist if mentioned, for example from 32 to 46. The articles are as accurately described and introduced as possible.

However, if some mistakes or omissions may have taken place, they shouldn’t engage the seller’s responsibility.

Photos are not part of this contract. The salesperson will immediately inform the client of the mistakes and omissions that could prevent them from completing the sale.

Outside of the sales in store, an order can be placed by mail addressed to MAISON ERNEST 75 Boulevard de Clichy 75009 Paris, by phone call on this number +33(0)145269720, by e-mail at contact@maisonernest.com or on the website www.maisonernest.com.

Access to the website www.maisonernest.com is free, the only fees at the expense of the customer being the ones of their own internet connection. Orders placed through the website are confirmed by e-mail.

Availability of the articles: items are available within the limit of the available stocks, with the salesperson informing the customer of the potential delivery delays or stock shortage by the most appropriate way (the delay being a maximum of 30 days from the day following the order is taken). A lapse of time may occur between the insertion on the website and the actual availability of the articles.  Payment isn’t conducted before the shipping of the order.

 

The seller reserves the right to cancel any customer order that may give rise to any dispute relating to a previous order or that would represent, in their view, a particular risk.

 

The information provided by the customer during the ordering process commits him/her: in case of mistake in the addressee’s details, the seller will not be considered responsible for the impossibility in delivering the order. It is kindly requested to the customer to furnish a valid phone number during the order placement so as to facilitate contacts; forexports, Customs requires us to indicate this phone number on the dispatch note.


5. Price

All of our prices are expressed in euros, all taxes included, including the legal VAT rate and excluding the participation in shipping fees. They are guaranteed until stock depletion, except VAT rate variations or the creation/modification of other taxes. The amount of the shipping fees and insurance for distance selling is calculated using a lump-sum price according to the delivery location following a scale indicated on the website. If many articles are ordered at the same time, the shipping fees are only applied once.

If the recipient is located outside of the EEC or in the FOD/ODT, the invoice will be established without VAT.

 

If the customer is a registered company in the EEC outside of France with a valid intracommunity VAT number, the invoice will be established without VAT: in that case, we will get in touch with the seller without placing the order so as to validate the intracommunity VAT number. 

Any order delivered outside of metropolitan France can be subject to potential local taxes, customs fees, dock dues and customs clearance costs during delivery. Their payment is at the expense of the recipient and is under their responsibility. Please obtain more details from the competent authorities of the delivery location.   

 

6. Payment

The price invoiced to the customer is the price indicated in store (sale in-store) or on the order confirmation (online sale). The price is payable in cash.

The seller accepts the following payment methods:

 

  • In-store purchases: cash in euros, CB, VISA, MASTERCARD AND AMERICAN EXPRESS credit cards; 
  • Online purchases: Paypal, any type of credit card accepted by Sogenactif, the secure payment platform used by our Société Générale bank, as CB, VISA or MASTERCARD, AMEX, JCB and PLURIEL, etc… (nonrestrictive list)

 
The seller’s fraud protection system can issue an unfavorable opinion of a payment by credit card: in that case, the seller has the right to ask for another payment method or to ask the client to justify their identity and their domicile.

 

An invoice is established for any sale to a professional or to an individual outside of EEC or inside of the FOD/ODT. Individual customers in metropolitan France or EEC can ask for a bill.

For all clients, a duplicate invoice can be provided for free during the month following the sale; after a month, 10 euros (all taxes included) will be charged for the making of a duplicate.

 

7. Tax Refund

Our customers usually living outside of the EEC, FOD and Monaco, and coming to France for less than 6 months, can benefit from an export tax refund. The amount of the purchase, all taxes included, must be equal to a minimum of 175,01 euros during the same day and the articles must be reserved for personal use only, and be carried in the customer’s luggage. The tax refund rate is of 12% of the price (all taxes included) and will be executed by credit on a bank card, bank transfer on a (metropolitan France) French bank account, cheque or cash.  Please note: Passing through Customs must be conducted during the 3 months following the end of the month in which the invoice has been made.

Refunding taxes isn’t an obligation for the seller, who has the right to refuse a demand for a tax refund that wouldn’t correspond to the conditions required by the Bulletin Officiel des Douanes.

 

8. Information on secure payment

Our website accepts payment through credit cards such as CB, VISA or MASTERCARD, AMEX, JCB and PLURIEL (unrestricted list). For the security of your payments we use “Sogenactif”, a bank card payment solution developed by our Société Générale bank. With this system, your payment by credit card is directly processed on the secure software of our Société Générale bank. Your bank card number is never communicated to us.

Exchanges are encrypted and secured thanks to the SSL 3 (Secure Socket Layer) protocol on the internet, a protocol that became an international norm and is used by the all major browsers.

  

9. Delivery

All of our articles ordered by distance selling are delivered in registered Colissimo Expert packages, delivered upon signature whatever the destination, and insured for their value.

The shipping fees are:

 

Metropolitan France: €15 up to 2 pairs of shoes, then €5 per pair from 3 pairs, delivery time of 2 to 4 working days

 

Europe, Switzerland, FOD/ODC: €25 up to 2 pairs, then €10 per pair from 3 pairs, delivery time of 6 to 12 working days

 

Rest of the world: €40 up to 2 pairs, then €15 per pair from 3 pairs, delivery time of 8 to 16 working days

 

The seller bears the risks linked to transportation until the delivery is carried out, meaning until the physical delivery of the article to the recipient, or to their representative, who accepts it upon signature of the delivery note, with acknowledgement of receipt.

The recipient must verify the proper condition of the package and when in doubt, mention the article as missing or faulty, opened or reconditioned (except passage into Customs) on the note in presence of the delivery agent.

 

The time limit for a claim for lack of delivery of our item is 6 weeks for metropolitan France and the FOD/ODC, and of 10 weeks for the other destinations, from the shipping date that has been communicated to you. If the package is found, it will be forwarded to the recipient. If the package is declared as lost, then please refer to the “Distance selling claim” part.

 

Some countries limit the entry of merchandises on their territory. It is up to the customer to verify access conditions of the ordered articles into the destination country. The seller will not be held responsible for any potential destruction or blockage of a package at the entrance of the destination country.

 

10. Guarantee of latent defects

All items offered proposed by the seller are subject to a guarantee on latent defects outlined in articles 1641 and following of the Civil Code.

 

Claim for in-store purchases

In the event that the article presents latent defects in a legal term, the customer will have his/her article reimbursed in store. Please note that shoes get used and deteriorate with use, and thus, this does not constitute a latent defect.

 

11. Claim for distance selling

In the event that (this listing being restrictive):

  • The item delivered doesn’t match the item ordered;
  • The item delivered is faulty;
  • The item presents a latent defect (note that shoes get used and deteriorate with use, which does not constitute a latent defect);
  • The item was never delivered or has been delivered damaged and has been subject to a claim to the seller within the appropriate time period

 

The customer will have the right to have his/her order reimbursed (price of the article plus shipping fees) and the return fees on the basis of Colissimo’s public rate (or its equivalent for foreign countries) against restitution of this article (except lost packages).

 

12. Right of withdrawal

In the planned conditions of article L121-16 of the Consumer Code and as part of distance selling, the buyer has 7 days to withdraw from the delivery of their order* (except for the articles “on order”, see the paragraph “Custom Made Articles”), which can be reimbursed against restitution of the delivered package. The return fees are to be paid by the buyer. The value of the products returned will be reimbursed, except for the initial shipping fees, within a 30 days maximum delay.

 

13. Right of withdrawal for Custom-Made items

For any “Custom-Made” item (professionals and individuals), the buyer is entitled to 7 days’ withdrawal delay from the day the order is validated. After this delay, the order will not be cancelled, and the articles will not be taken back, exchanged, reimbursed and will not receive a credit.

 

14. Terms of return

Before any return, the customer must get in touch with the seller in order to make sure that the return is legitimate. The client must return the item in its original shape and packaging (except returns for latent defects or faulty items). Returns are made at the customer’s risks (it is strongly recommended to declare the value of the item and to take out insurance covering the risks) at the following address: MAISON ERNEST – 75, Boulevard de Clichy – 75009 PARIS

 

In the event that an article isn’t returned in its original state (meaning returned damaged or presenting scratches or the shoes have been clearly worn), the seller will not proceed to the reimbursement and will hold the article at the disposal of the customer in-store during a period of 1 year (this paragraph does not concern returns for latent defects or articles delivered damaged).

 

15. Terms of exchange or reimbursement

The amount of reimbursement includes the price of the article.

Terms of reimbursement to be chosen by the customer:

 

Exchange for an identical item or another item. If the exchange leads to shipping fees, these are at the expense of the customer. In the event that the amount of the reimbursement would be superior to the price of the exchange and the shipping fees, the difference will be reimbursed by one of the 2 following methods:

  • Payment of the amount to the client’s account by the most appropriate method during the following 30 days (this possibility is only offered for the right of withdrawal for distance selling during the first 7 days and for claims);
  • Customer creditto use on a later purchase within a 3-months period (after this period of time, the credit is null and void)

Conversely, if the amount of the reimbursement is less, the difference must be paid by the client using one of the accepted payment methods.

 

16. Custom-Made items

For any “custom-made item”, either on our website or in-store, payment will be made in totality when the article is ordered. The delivery delay is approximate, and should not be questioned if it happens to be extended for reasons out of our reach.

 

“Custom-made” items cannot be taken back, exchanged, reimbursed and cannot enjoy a store credit.

 

17. Wearing high-heeled shoes

The customer makes sure that their body type and physical condition do not prevent them from wearing high- heeled shoes, in consultation with their physician if they cannot answer this question themselves. The customers must ensure that they have the muscle tone and the attention necessary to walk with high-heeled shoes to, for example (this listing being non-exhaustive) not twist their ankle, trip, etc.

Walking with high-heeled shoes is different than on other shoes. Heel or shoe breakage resulting from an unsuitable walking position does not represent a default or a latent defect of the shoe.

18. Heel height

The heel height indicated is measured using a French size 37 that is our size of note. This height varies with the shoe size, by more-or-less 3 mm per size. Therefore, for a 10 cm heeled shoe in size 37, the heel will measure about 11 cm in size 40 and 9 cm in size 34.

19. Reservation of ownership

The items that will be delivered and billed to you, will remain the seller’s property until the payment of the full price is made. Any default of payment is subject to lead to the claim of the articles by the seller, an immediate return and the return fees of the items will be charged to the customer, at their own risks

20. Responsibility

The seller, for every step of accessing the website, processing the order, the shipping, the customer service or previous services, has an obligation of means. The responsibility of the seller shouldn’t be engaged for inconvenience or damages linked with the use of the Internet or any type of force majeure event, in accordance with jurisprudence.

21. Intellectual property

All of our texts, comments, photos, illustrations and work reproduced on www.maisonernest.com are reserved on the grounds of copyrights and on the grounds of intellectual property, and this for the whole world. On these grounds and in accordance with the provisions of the intellectual property law, only private use is authorized, subject to different provisions, perhaps more restrictive than the intellectual property code.

Any reproduction, total or partial, of the website www.maisonernest.com is strictly prohibited except by prior agreement.

 

22. Applicable law and competent jurisdiction

The present general terms of sale and the sales contract that is related to it are submitted, in their validity, their interpretation and their execution, to French Law.

In case of dispute, the parties must seek an amicable solution beforehand. In the absence of an amicable solution, any dispute related to the interpretation and/or the execution of these general conditions and the sales contract will be submitted to the competence of the Commercial Court of Paris, including in case of plurality of the defendants or guarantee call, unless the seller would prefer to seize any other competent jurisdiction.