GENERAL TERMS AND CONDITIONS OF SALE AND USE OF SITE MAISON LEMOINE

 

 (Date updated: January 17, 2017) 

 

I - GENERAL CONDITIONS OF SALE 

 

1 - Identification of the seller

The present General Conditions of Sale on this Website www.maison-lemoine.com (the "Website") are those of the company MAISON LEMOINE, Limited Liability Company, with capital of 10.000 euros, whose registered office is located 6 bis, rue Gambetta - 92000 NANTERRE, registered with the Trade and Companies Register of NANTERRE under the number 814 096 939 (the "MAISON LEMOINE").

The Customer Service of the MAISON LEMOINE is accessible:

 

        Via the contact form, available in the "Contact" section of the website

       By telephone on +336 51 75 16 01, every day of the week from 10 am to 8 pm (0,20 € / min, indicative rate from a fixed telephone, which can be modulated according to the operators)

       By e-mail to the following address: contact@maison-lemoine.com.

 

 

2 - Scope and acceptance of the general conditions of sale

The purchase of Articles offered on the Website is subject to the present terms and conditions of sale (the "Terms of sale") and Use of the Site (the "Terms of use").

MAISON LEMOINE reminds you that the sale of Articles on the Site is exclusively reserved for retail sale and for individuals ("You"). Consequently, you assert that you are acting as a final consumer (natural or legal person) and that you do not intend to resell the MAISON LEMOINE items for commercial purposes.

In no event may the Site be used by resellers or intermediaries acting for the Reseller’s behalf, or professional vendors, either alone or in combination, regardless of how their articles are marketed (ie, Internet marketplaces , Shopping malls, intermediate stores, physical stores, etc.).

You acknowledge and agree accordingly that the Products can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single Order and the number of individual orders respecting The usual quantity of an average consumer spent for the same Article. MAISON LEMOINE reserves the right to refuse an Order manifestly passed by a professional Salesperson.

These Terms and Conditions govern exclusively your relationship with MAISON LEMOINE.

Moreover, these terms constitute the entire agreement between MAISON LEMOINE and You and replace all previous and current agreements between MAISON LEMOINE and You.

Given the possible evolutions of the Site and the regulations, MAISON LEMOINE reserves the right to modify The General Terms and Conditions of Sale. The new General Terms and Conditions of Sale will, apply only to sales made after this change.

The General Terms and Conditions of Sale in force at the time of the conclusion of the contract of sale are those that are opposable to you. You can read the General Terms and Conditions at any time by clicking on the "Terms and Conditions" link.

In addition, each time you purchase Items on the Site, you will be asked to confirm your acceptance of these General Terms and Conditions in force on the date of placing your Order. These general terms and conditions can be viewed before and at the time you are asked to confirm that you accept them. To confirm your acceptance, you must check the box "I have read and accepted the General Conditions of Sale and Use, as well as the Privacy Policy and Privacy Policy of the Maison-lemoine.com Site".

3 - Articles

The articles available for sale and governed by the present Terms and Conditions are those which appear on the Site and which are indicated as sold and sent by MAISON LEMOINE (the "Articles"). Offers are valid as long as they are visible on the Site.

Items are offered according to the availability of stock displayed on the Site.

MAISON LEMOINE reserves the right to withdraw from the sale, at any time, any article present on the Site and / or to replace or modify any information associated with the Articles appearing on this Site.

In the event of an unavailability of an article, after placing your Order, you are invited to refer to the procedure of Article 4 of these General Terms and Conditions.

The essential characteristics of the article are described and presented with the greatest possible accuracy (in support of photographs, graphics and descriptions of the Articles, etc.). However, the characteristics of the items sold on the Site are given for information only and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The features and visuals are non-contractual. 

 

4 - Availability of Articles

The offers of Articles and prices of MAISON LEMOINE are valid as long as they are visible on the Site, within the limit of available stocks.

Errors or modifications may exceptionally exist, in particular in the case of simultaneous Orders of the same Article by several Customers. In the event of an unavailability of Article after placing your Order, we will inform you by e-mail as soon as possible, proposing either to Order another article presented on the Site in replacement, or to cancel your order.

 

 

 

The cancellation of the order of this article and its possible refund will be conducted, the rest of the Order remaining firm and definitive.

MAISON LEMOINE does not incur any liability in the event of stock shortage or unavailability of Items for Orders not yet accepted by MAISON LEMOINE. 

 

5 - Prices

The prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in the shipping costs. The amount of the shipping costs will be specified before validation of the Order.

The prices take into account any reductions applicable on the day of the Order. The price of the items invoiced is the one indicated at the time of the Order.

Please note that if you order from a country that is not subject to the euro, this may result in your bank billing for interbank charges. If in doubt, consult your bank.

Should one or more taxes or contributions, in particular environmental ones, be created or modified, either up or down, this change may be passed on to the selling price of the Articles present on the Website and on the various sales media. However, a price can not be changed once your order has been validated.

MAISON LEMOINE reserves the right to modify at any time and without notice the prices of the Articles offered on the Site. Items are invoiced based on the prices displayed on the Site at the time of placing your Order, subject to availability of the items ordered at this time.

All orders must be settled immediately upon placing your order. In the event of unavailability of certain items ordered (see article 4 "Availability of the Items"), only the price and shipping costs relating to the Available Items will be debited.

 

6 - Reduction codes

There are different reduction codes:

- User Accounts Reduction Codes: Reduction codes may be offered at any time to Account Holders. These discount codes may only be used on purchases made through the Account for which the discount code has been offered and registered.

- Promotional discount codes: promotional discount codes applicable to all or certain specified purchases made on the Website may be offered at any time.

- Any other conditions of use of any reduction code will be specified at the time it is issued.

In any event, the following provisions shall apply to all promotions, contests and reduction codes MAISON LEMOINE (unless otherwise stated):

 

 

 

- Only one discount code can be used per Order;

- Exclusions relating to certain partner brands may apply;

- A discount code can not be used after the order is placed;

- The reduction codes are, from a commercial point of view, confidential and are provided to the beneficiary in a confidential manner. You may not share a discount code with any other person (company or individual) or use a code that has not been given to you by MAISON LEMOINE.

 

7 - Ordering Procedure

7.1 - Selection of Articles

At any time, you can add items to your selection, either by clicking on "Add to my Wishlist" or by clicking on "Buy" and choose to complete your purchases or continue browsing.

In both cases, you can consult your selection by hovering or by clicking on the button concerned:

- by clicking on the main "Wishlist" tab at the top right, you will have access to a new page on which will appear your ideal wishlist composed of the articles You have selected. At any time, you will be able to add items of your Wishlist to your cart by clicking on "Buy".

- by hovering and / or clicking on the icon "My cart" at the top right the subtotal of the selection will appear. By clicking on "My cart", you will start the Order process, which takes place in 5 steps: 1 / Summary, 2 / Connection, 3 / Address, 4 / Delivery, 5 / Payment.

 

7.2 - Registration or prior identification (or "Login")

If you already have a customer account, you will need to log in at the second step of the order process (once you have clicked on your shopping cart and validated the order summary), entering your password.

If you do not yet have an Account, you will be prompted to create one and you will receive a confirmation email to your email address. Indeed, any ordering / payment of Articles via the Site presupposes your identification, therefore your registration.

Moreover, the creation of an Account allows you to:

- track your deliveries and view the history of your orders;

- return or exchange items;

- add or change your shipping and billing addresses for your next Orders;

- manage your subscription to the newsletter of MAISON LEMOINE.

Any Adult Customer can freely and without cost create a Customer Account through the "Login" or "My Account" section. You must declare that you are at least 18 years old and have legal capacity, or if you are a minor, you must ensure that you have a parental authorization for Making your Order. This declaration and this authorization are presumed as soon as You register because MAISON LEMOINE has no means to check the date of birth filled in.

The creation of your Customer Account is done by You, and is strictly personal. You must enter the data that enables your identification, under your full responsibilities, controls and directions, and you undertake to provide complete, accurate and up-to-date information and not to impersonate a third party or to change your age.

When creating a customer account, you choose your username and password. If the chosen ID is already assigned, the system will prompt you to choose another one.

Please note that the usernames and passwords are personal and confidential. You are solely responsible for this and you agree to keep your password secret and not to disclose it for any reason whatsoever.

Please note that you are responsible for your MAISON LEMOINE account.

In case of suspicion of the use of your username and / or password by a third party, You must immediately alert MAISON LEMOINE in order to change Your password and / or choose to have your Customer account closed.

MAISON LEMOINE reserves the right to close any Customer Account and consequently refuse any sales in the following cases:

-          Failure to pay one or more previous Orders;

-          Abusive, unfair or fraudulent use of the Order Service offered on the Site or in breach of any of the Customer's obligations defined in these Terms and Conditions, in particular in the event that a user uses proxy servers in order to conceal the use Of Multiple Accounts or would disrupt, in any way, one of the services offered by MAISON LEMOINE.

MAISON LEMOINE will then send you an email informing you of the deactivation of your username and password and the closing of your Account.

In general, your Account may be closed following your first request by email to MAISON LEMOINE at the following address: contact@maison-lemoine.com.

 

7.3 - Registration and Validation of the Order 

Once the cart has been validated, and identified / registered, you must fill in the shipping information necessary for the correct shipment of your Order: country of shipment, civility, first name, name, precise delivery address and telephone number which You can be Contacted on in case of difficulty of delivery, as well as any useful precision regarding the delivery. You must also fill in the billing address.

You must then click on "Order" to submit your Order online from the online shop of the Website. You can resend your delivery address as your billing address or enter another billing address.

You must then choose the method of delivery you wish, then accept the General Conditions of Sale MAISON LEMOINE. Finally, you are prompted to select a payment method and enter the relevant information. This last step formalizes the contract of sale with MAISON LEMOINE.

At the end of the order process described above, you click the "I confirm my Order" button. The contract of sale will then be definitively formed, the settlement of the Order valuing acceptance of the present GTC of Sale, the price of the Articles and the content of the Order.

 

7.4 - Validation of the Order by MAISON LEMOINE

Once completed, your Order is transmitted and submitted to MAISON LEMOINE for acceptance and processing.

In certain cases, including in the event of default, incorrect address or any other problem related to your Account, MAISON LEMOINE reserves the right not to accept your Order if it is in dispute with You for an earlier Order, or if MAISON LEMOINE considers Reasonably You have violated these Terms and Conditions or You have engaged in fraudulent activity or for any other legitimate reason.

In these cases, MAISON LEMOINE reserves the right to block your order until the problem is solved.

 

7.5 - Confirmation of the Order

After validation of the payment, MAISON LEMOINE Sends you an e-mail of confirmation of your Order, with the number of Your Order. The order is only confirmed after reception of this e-mail. It is recommended that you keep this confirmation on paper or electronic media.

If You do not receive any e-mail following your order, it is your responsibility to contact the Customer Service of the MAISON LEMOINE.

MAISON LEMOINE can under no circumstances be held liable in case of error of data entry that prevents the delivery of the confirmation email and / or of the Articles.

Pursuant to article L134-2 of the French Consumer Code, when an Order is for an amount equal to or greater than € 120, MAISON LEMOINE keeps the writing that records the contract concluded between MAISON LEMOINE and a Customer by electronic means For a period running from the conclusion of the contract to the date of delivery of the goods and for a period of ten years from the date of the contract (in accordance with Decree 2005-137 of 16 February 2005). You have access to this document at any time, upon request and to the justification of your identity made with the Customer Service.

If you have any questions relating to the follow-up of an Order, you must consult your Client Account on the Site (under "My Account - History and details of my Orders") or contact the Customer Service whose details appear in these General Terms and Conditions.

 

8 - Payment Information

The invoiced price is the price indicated in the confirmation of the Order sent to you by e-mail, once the payment has been validated. In any case, You have access to all your bills on the Maison Lemoine website, under the heading "My Account".

The Order is payable, in euros, immediately, by bank cards (Credit card, Visa® and MasterCard®).

At the time of the payment, your bank asks you your bank details, as well as personal information (varying from one bank to another) to verify the identity of the cardholder and validate the transaction.

 

 

Credit card payments are authenticated and secured using the 3D Secure system. This authentication is specific to each bank. If you have any questions about your 3D Secure code, please contact your bank directly.

Once the 3D Secure code is entered and validated by your bank, your Order is finalized. You will then receive a confirmation e-mail.

Shipment of your Order will only take place after verification of your payment method and receipt of the debit authorization of your card. You will be informed by e-mail, once your Order has been shipped, that your invoice is available online on your Customer Account (under "My Account - History and details of my Orders").

The debit of your Account will occur at the time of shipment of your Order.

In the case of Out-of-Stock or Unavailable Items, the amount of these Articles will not be debited (see Article 4 of the General Terms and Conditions).

 

9 - Retention of title

THE ORDERED ITEMS REMAIN THE WHOLE PROPERTY OF MAISON LEMOINE UNTIL THE COMPLETION OF THE PAYMENT, WHAT YOU ACKNOWLEDGE AND ACCEPT.

However, you assume the risks (in particular loss, theft or deterioration) of the Items delivered to from the moment they are delivered to the address indicated on the Order.

 

10 - Preparation and delivery of the order

10.1 - Preparation of the order

Once your Order has been validated, Maison Lemoine will prepare and send your order within 48 working hours, excluding periods of sales and holidays. During these periods of sales and holidays, Maison Lemoine will prepare and send your order within a maximum of 72 working hours. 

You will receive a confirmation e-mail from Maison Lemoine telling you that your order preparation is in progress.

10.2 - Deliveries to continental France, including Corsica, and Monaco

The delivery of Your Order is made by "Colissimo", a service of the Poste. Maison Lemoine informs you that the delivery time of La Poste is 48 hours in working days, from the delivery of the parcel by Maison Lemoine in the Post Office.

Shipping costs are offered.

The delivery of your Order is made to the delivery address you indicated, it being specified that this must be your residential address, a natural person of your choice or a legal person (delivery to your company ). Delivery can not be made in hotels or mailboxes.

 

 

 

You are informed that it is your responsibility to provide exactly the details necessary for the proper routing of your order and the perfect delivery (access code, access specification, etc.).

If You are absent at the time of delivery, a notice of transit informs you of the conditions of the retention of your parcel and its availability, under the full and exclusive responsibility of the carrier.

If the delivery address entered by you is invalid and therefore induces a return of the parcel for non-receipt at the indicated address, the expenses of reshipment of the parcel to the new address transmitted will be at your expense.

You will receive by e-mail a shipping confirmation of your Order, as well as a link to the website of the carrier allowing the tracking of your package.

In order to preserve the environment, no invoice / delivery note will be included in the package. You can have access to your invoice summarizing the Articles ordered and delivered to the "My Account" section of www.maison-lemoine.com. Nevertheless, You have the possibility of requesting your receipt when you order, once your delivery and billing addresses are filled in. This request must be made on the "Message about Your Order" filed, or by email to the Customer Service Maison Lemoine.

You assume entirely and exclusively the risks related to the Items once they are delivered.

10.3 - Deliveries outside France

The shipping costs vary according to the destination (the amount of the shipping costs will always be indicated before the payment).

ATTENTION: Any Order placed on the site and delivered outside France may be subject to any taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and any taxes linked to the delivery of an article are at your expense and are your responsibility. MAISON LEMOINE is not obliged to verify and inform its customers of the applicable customs duties and taxes. To know them, it is up to you to ask the competent authorities of your country.

 

11 - Delivery deadlines and receipt of the Order

MAISON LEMOINE commits to delivering within a maximum of 15 working days for delivery to Metropolitan France and 30 working days for an international delivery, from the registration of the Order.

In case of delay of delivery of more than 7 working, You can contact MAISON LEMOINE by e-mail to require delivery within a reasonable additional time. In case of non respect of this new deadline, You can ask MAISON LEMOINE by e-mail the cancellation of your Order.

The contract, and therefore the Sale, will be considered broken off from reception by MAISON LEMOINE of an e-mail or a letter informing them of your decision, unless the order is received between the time the email (or letter) was sent and the time it was received. 

In the event that the Order is permanently canceled, You will receive a refund of the price paid for your Order within 14 calendar days after the cancellation confirmed by e-mail. 

In the event that You receive the parcel after the cancellation of your Order, MAISON LEMOINE will proceed to the refund of the Articles, on receipt of all of them in their perfect original condition.

You must check the conformity of the items at the time of delivery and indicate, if possible on the delivery slip, in the form of handwritten reserves accompanied by your signature, any abnormalities observed (package open, damaged etc.).

If the package is damaged, in the exercise of the right of withdrawal, or in case of non-conformity of the Article (s), or if they do not give you satisfaction, you can return them in Requesting the exchange or refund, under the conditions provided for in Articles 12 and 13 of these General Conditions.

 

12 - Exercise of the right of withdrawal: returns with refunds, and returns with exchange request

Any non-professional consumer has a right of withdrawal. All products may be subject to a revocation, except those excluded by law in article L221-28 of the Consumer Code, for example the Products that have been customized on your request.

Moreover, the products which have been unsealed can not be the object of a retraction.

The return of the Products is offered if the place of Delivery is in Metropolitan France.

You shall, without delay and in any event not later than 14 (fourteen) calendar days after reception of your order, return all or part of this order to the address below

MAISON LEMOINE

6 bis, rue Gambetta

92000 NANTERRE

France 

 

This period shall be deemed to be complied if You return the property before the expiration of this period of 14 (fourteen) calendar days.

In all cases, the expenses of return are the responsibility of Maison Lemoine if the Product delivered to you is not the Product ordered or if it is delivered damaged.

For any order, You can request an exchange, an asset or a refund, according to your wish.

 

12.1 - Return with exchange or return with credit note

If one or more items in Your order are not suitable for you, you can make an exchange or credit note. You have a period of 14 (fourteen) calendar days from the date of delivery of the product to make an exchange request. Beyond this period of 14 (fourteen) calendar days, the sale is firm and definitive.

To make this request: 

- Log in to your account on our website by clicking on the "My Account" button (top right or bottom left).

- Once logged in, go to "return of Product".

 

- Then select the Product (s) to be exchanged, indicating if possible the reason for the return, then validate. Your Return will then have the status of "awaiting confirmation" by Maison Lemoine.

- Once your return is validated by Maison Lemoine, You will receive an email indicating that Your request for return has been accepted by our teams. The status of your return will be "waiting for the package".

- For returns to France, Maison Lemoine will send you by mail a pre-paid return slip, which you will have to print and stick on the return parcel. For international returns, the costs of return remain at your expense.

- Once the parcel is received by Maison Lemoine, You will receive an email stating that Your package has been received.

- If your return is accepted by our teams (* You will find below the terms and conditions of acceptance of returns), You will receive an email indicating that the return procedure is completed, which means that Maison Lemoine will have credited you with a " A coupon of an amount equal to your initial purchase allowing you to recommend the size and color of your choice free of charge on the Maison Lemoine e-shop, or to keep this credit for a later order.

- Your credit balance will be available on your Maison Lemoine Account, under the "My Assets" section of "My Account".

The exchange takes place with reception of the returned product subject to availability of the desired product.

Maison Lemoine reserves the right to accept or not the exchange request after checking the condition of the item and its packaging *.

Only one exchange per order is accepted.

 12.2 - Return with Refund

If one or more items of your order do not suit You, you can make a request for refund of the original amount of Your Order (excluding postage for international orders). You have a period of 14 (fourteen) calendar days from the date of delivery of your Order to make a refund request. Beyond this period of 14 (fourteen) calendar days, the sale is firm and definitive.

To make this request:

- Log in to your account on our website by clicking on the "My Account" button (top right, or bottom left).

- Once logged in, go to "return Product".

- Then select the Product (s) to be returned, indicating if possible the reason for the return, then validate. Your Return will then have the status of "awaiting confirmation" by Maison Lemoine.

- Once your return is validated by Maison Lemoine, You will receive an email indicating that Your request for return has been accepted by our teams. The status of your return will be "waiting for the package".

 

- For returns to France, Maison Lemoine will send you by mail a pre-paid return slip, which you will need to print and stick on the return parcel. For international returns, the costs of return remain at your expense.

- Once the parcel is received by Maison Lemoine, You will receive an email stating that Your package has been received.

- If your return is accepted by our teams (You will find below the terms and conditions of acceptance of returns), You will receive an email indicating that the return procedure is completed, which means that Maison Lemoine will have refunded your Ordering. An invoice of credit will then be available on Your Account Maison Lemoine, in the "My Assets" section of "My Account". Please note that the refund will be made within 14 (fourteen) days after recepetion of the returned product. Except Your express and contrary will, Maison Lemoine makes the refund using the same means of payment as that used for the transaction 

Maison Lemoine reserves the right to accept the refund request after checking the condition of the item and its packaging *.

* Returned products must be returned in their original packaging (perfectly intact), new, only tried, but not worn and unwashed. After reception of the package, Maison Lemoine will judge the perfect condition of the returned Product (s). No return or exchange will be accepted if the returned item (s) have been visibly used or damaged from and such use or damage renders the items unfit for sale. If the return or exchange is refused, the items will be returned to you. The costs of return will be at Your expense.

 

13 - Warranties

All articles on sale on the Website benefit from the legal guarantee of conformity (provided for by articles L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. Of the Civil Code), To the exclusion of any other warranty. You are informed that MAISON LEMOINE, whose registered office is 6 bis, rue Gambetta - 92000 NANTERRE, is the guarantor of the compliance of the Articles with the contract within the framework of these two legal guarantees.

This legal warranty allows you to return the delivered items defective or non-compliant, for reimbursement under the conditions mentioned below.

13.1 - Legal Warranty of Conformity

MAISON LEMOINE will deliver to you an Article in conformity with the contract and free of defects of conformity at the time of delivery of the said Article in the sense that the Article will be suitable for the usual use of a similar property and that it will present the characteristics presented During the sale.

This warranty will only be effective if You request it within 2 years of delivery of the item.

Defects in conformity appearing within a period of 6 months (legally extended to 24 months from 18 March 2016) from the date of delivery shall be presumed to exist at the time of delivery, unless proven otherwise.

 You can choose between repairing and replacing the item unless one of these choices leads to a clearly disproportionate cost for MAISON LEMOINE.

If repairing or replacing the item is impossible, You may have the price paid by returning the Item, or keeping the Item and returning a portion of the price, unless the lack of conformity is minor.

The restitution, replacement or reimbursement of the Article will occur at no cost to You and do not preclude the possible award of damages in the event You are entitled to it.

13.2 Legal warranty of hidden defects

MAISON LEMOINE will give you an article free from hidden defects which would render it unfit for the use for which it is intended, or which so diminish this use, that you would not have acquired it, or would have given it a lesser price , If You had known them. This warranty will only be effective if you make the request within 2 years of discovering the defect.

In the event of a hidden defect, You have the choice between returning the Item and getting back the total price and expenses occasioned by the sale, or keeping the Item and getting back a part of the price. In all cases, it will be Your responsibility to prove that You fulfill the conditions of the guarantee.

In the event of non-conformity and hidden defects You must return the item (s) to the following address:

MAISON LEMOINE

Customer service

6 bis, rue Gambetta

92000 NANTERRE

FRANCE

 

You have a period of two years from the issue of the Article to act under the legal guarantee of conformity. 

In this case, you will be able to choose between the repair or the replacement of the Article, subject to the conditions of cost provided for by article L211-9 of the Consumer Code.

You are exempted from reporting evidence of non-conformity of the Article for six months following the issue of the Item. This period shall be extended to twenty-four months from 18 March 2016, except for second-hand goods.

It is recalled that the legal guarantee of conformity applies independently of the possible commercial guarantee that could be granted to you by MAISON LEMOINE.

In addition, You may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you will be able to choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

14 - Evidence

You acknowledge and agree that the registration systems of the Order show all transactions between You and MAISON LEMOINE.

You acknowledge and agree that the proof of acceptance of the GCS is marked by ticking the words "I have read and accept the general conditions of sale". You may print, download, and keep a copy of the General Terms and Conditions of Business in paper and electronic form at any time.

To this end, You acknowledge and agree that the computerized data kept within the computer servers of MAISON LEMOINE under reasonable conditions of security and integrity are irrefutably considered as proof of the acceptance of the terms of the GTC And proof of all transactions between You and MAISON LEMOINE, in accordance with article 1316 - 1 of the Civil Code, and shall be subject to the payment of the sums incurred by the seizure of the items appearing on the order form.

However, in case of fraudulent use of your credit card, You are invited, as soon as it is found, to contact Customer Service.

MAISON LEMOINE will archive purchase orders and invoices on a reliable and durable basis in accordance with the provisions of article 1348 of the Civil Code and You will be guaranteed access to them at any time if you so request, in accordance with the provisions of Article L134-2 of the Consumer Code.

Consequently, unless you make a manifest error on the part of MAISON LEMOINE, You will not be able to challenge the admissibility, validity or probative force of the GTC and the content of the Order, on the basis of any legal provision whatsoever, and Specifies that certain documents must be written or signed to constitute evidence.

In general, computerized records kept in the computer systems of MAISON LEMOINE and its partners under reasonable conditions of safety will be considered as proof of communications, Orders and payments between You and MAISON LEMOINE and, They shall be produced as evidence by MAISON LEMOINE in any contentious or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document which is drawn up, received or kept in writing .

 

15 - Responsibilities

MAISON LEMOINE is only responsible for any direct and foreseeable damage at the time of use of the Site or the conclusion of the contract of sale with You, excluding any indirect damages.

The essential characteristics of the article are described and presented with the greatest possible accuracy (in support of photographs, graphics and descriptions of the Articles, etc.). However, the characteristics of the items sold on the Site are given for information only and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The features and visuals are non-contractual.

MAISON LEMOINE can not guarantee the accuracy, the precision or the exhaustiveness of the information made available to you within the Site. In the event of non substantive differences between the pictures of presentation of the Articles on the Site, texts and illustrations and the Articles ordered, the responsibility of MAISON LEMOINE will not be engaged.

However, in case of errors or omissions relating to the description of an Article, the responsibility of MAISON LEMOINE is limited to the reimbursement of the reasonable expenses of returning the Article that You would expose.

You acknowledge and agree that the prices of the Articles are likely to vary between the Website and the ephemeral stores or sales, and that in no case this difference in price can base a request for reimbursement, neither total nor partial, Of the items purchased either on the Site or in the store.

Furthermore, MAISON LEMOINE can not be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the jurisprudence given by the French courts . In particular, MAISON LEMOINE will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control ("Force Majeure"). A Case of Force Majeure includes any act, event, non-fulfillment, omission or accident beyond the control of MAISON LEMOINE and includes in particular (without limitation):

1. Strikes, closures or other industrial actions.

2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.

4. Impossibility of using rail, ship, air, road or other private or public transport.

5. Inability to use public and private telecommunications networks.

6. Acts, decrees, legislation, regulations or restrictions of any government.

7. Strikes, failures or shipping, postal or other accidents.

The execution of the CGV will be suspended as long as the Case of Force majeure lasts and the delays of execution and delivery will be extended accordingly. MAISON LEMOINE shall endeavor as far as possible to cease the case of Force Majeure or to find a solution enabling it to carry out its contractual obligations in the event of Force Majeure.

Finally, MAISON LEMOINE can not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

 

16 - Warranty

You agree to indemnify, defend, indemnify and hold harmless MAISON LEMOINE (and its directors, officers, employees, consultants, agents, affiliates, etc.) from and against any and all claims, liabilities, damages and / Including, without limitation, legal fees) resulting from your violation of the GTC.

 

17 - No Waiver

If You do not comply with these Terms and Conditions and if no action is taken against you, MAISON LEMOINE will always retain its right to use its rights and rights to act in any other situation of non-respect of these GTCs on your part .

 

 

18 - Nullity

Should any part of the GTC be inapplicable (including any waiver provision), the applicability of the remaining GCS will not be affected, and the remaining clauses will remain in effect.

As far as possible, if a clause / sub clause or part of clause / sub clause can be separated from the rest of the clause in order to make the remaining part valid, the clause should be interpreted accordingly. Otherwise, You agree that the clause in question could be rectified and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the Act.

19 - Disputes, Applicable Law and Jurisdiction

In the event of a dispute, you have the option of using a conventional mediation procedure or any other alternative dispute resolution procedure. 

Thus, you are invited to contact the Customer Service of MAISON LEMOINE, in order to resolve any dispute amicably. In general, you are invited to share your comments, positive or negative, by contacting Customer Service.

In any event, these GTS are governed and interpreted in accordance with French law, in accordance with EC Regulation 593/2008 of 17 June 2008. In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

- you may seize either the Court of the place where you are domiciled or the French Courts,

- MAISON LEMOINE may refer the matter to the Court of the place where you are domiciled.

MAISON LEMOINE reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.

These Terms and Conditions do not affect your legal rights as a consumer. For more information about their rights, they should contact their local authority or a consumer advisory body.

Finally, please note that this Website complies with the French legislation and in no case MAISON LEMOINE gives a guarantee of conformity with the local legislation which would be applicable to you, if You access the Website from other countries.

 

 

 

 

 

 

 

 

 

 

 

II - GENERAL CONDITIONS OF USE

This Website www.maison-lemoine.com (the "Website") is administered and published by the company MAISON LEMOINE, Limited Liability Company, with a capital of 10,000 euros, whose registered office is located at 6 bis, rue Gambetta - 92000 NANTERRE, registered with the Register of Commerce and Companies of NANTERRE under number 814 096 939 ("MAISON LEMOINE").

The use of the website and the purchases of products offered for sale on the same site are subject to the Terms and Conditions of Use of the site www.maison-lemoine.com ("General Terms and Conditions").

By using the site www.maison-lemoine.com, you acknowledge having read, understood and accepted without reserve the present Terms of Use.

MAISON LEMOINE may at any time modify and update these Terms of Use and the Privacy Policy and Privacy Policy. The Terms of Use and the Privacy Policy and Privacy Policy in effect at the time of use of the site www.maison-lemoine.com are those that are opposable to you.

We advise you to be regularly informed of the conditions in force. You can review the current version of the Terms of Use or the Privacy Policy and Privacy Policy at any time by clicking on the links "Terms and Conditions" and "Privacy Policy". Home page of the Site (under the footer of the Site).

 

1 - Language

The Website is available in French. You will soon be able to access the pages LEMOINE HOME in English language by clicking on "EN" in the upper right corner of the site (soon available).

 

2 - Access to the site

The Website is not intended for minors.

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or change the Services without notice. MAISON LEMOINE also reserves the right to restrict access to all or part of the Website.

However, MAISON LEMOINE can not be held liable if for any reason the Website becomes inaccessible at any time or during any period of time 

Please note that when you register for any part of the Website, these Terms and Conditions apply.

 

3 - Prohibitions

You must not abuse this Website. Without any restriction, You must not commit or encourage the commission of a criminal offense; Transmitting or broadcasting any virus, Trojan horse, worm, logical bomb, or any other malicious, technologically dangerous, disloyal or in any way offensive or obscene material; Hacking all or part of the Services; Corrupt data; Disturb other users; Infringing the property rights of third parties; Send unsolicited commercials or promotional material (spam) or attempt to degrade the performance or functionality of any computer system.

 

Violation of this provision is likely to constitute a criminal offense. MAISON LEMOINE reserves the right to inform the authorities concerned of any breach of the law and to disclose your identity to them.

 

4 - Privacy Policy and Protection of Personal Data

The Privacy and data protection policy of the Website governs the collection, processing and use of personal information that you agree to communicate to MAISON LEMOINE using the Site. MAISON LEMOINE may modify its Privacy Policy and Protection of Personal Data at any time, as provided in this document.

Our Privacy Policy and data protection Policy can be found by clicking on the "Privacy Policy" link on the Site's home page (under the footer of the Site).

By using the Website, you consent to the processing of your personal information under the conditions described in this section, and to ensure that all the information provided is accurate and up-to-date. You are also responsible for maintaining and updating your account information so that it is accurate and complete.

MAISON LEMOINE undertakes to protect your personal data. All the personal data collected concerning you are treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 relating to Information Technology, Files and Liberties , For the purpose of processing Orders. This site has also been the subject of a declaration to the National Commission of Informatics and Liberties, which issued the receipt No. 1944573 of 30/03/2016.

Your personal information and data are necessary to manage Orders and relations with You, as well as to keep You informed of all offers and commercial information that may be of interest to you.

They can be transmitted to contractual providers and partners who intervene and contribute to the management of Orders.

This information and the management of the Orders are also kept for security purposes in order to comply with legal and regulatory obligations and to enable MAISON LEMOINE to improve and personalize the services offered to you.

In accordance with the Data Protection Act of January 6, 1978, You have the right to access, rectify and oppose your personal data.

To exercise this right, You must send us an e-mail to the address contact@maison-lemoine.com or by filling the form of contact located on the Site, or by sending us a letter to our Customer Service, Address:

MAISON LEMOINE

Customer service

6 bis, rue Gambetta

92000 NANTERRE

FRANCE

 

 

And indicating your name, first name, e-mail address and your customer references.

 

5 - Business offers and newsletters

When entering personal data within the Site and prior to their collection, You have the right to accept to receive information relating to MAISON LEMOINE’s articles and its contractual partners.

These commercial offers can be addressed to you by mail, e-mail, sms, or via all webspace animated by MAISON LEMOINE or any of its subsidiaries on social networks, subject to prior acceptance.

In accordance with the legislation in force, such information will only be sent to you if, and only if, You have expressly agreed to receive it.

In any case, You have the right to oppose, at no time, these commercial mailings, by clicking on the "unsubscribe" link in each e-mail containing these commercial offers and newsletters.

You can also change the subscription settings for these commercial offers and newsletters directly on the Website under the heading "My Account".

 

6 - Community MAISON LEMOINE

These Terms of Use apply to your use of the MAISON LEMOINE.

6.1 - Submission of Contributions and Comments on the Website

You are the owner of all content or information that you post in the sections of the MAISON LEMOINE of the Website and of the blog MAISON LEMOINE, and You can control how they are shared by the privacy settings.

For any content covered by intellectual property rights, such as photos or videos (Protected Content), You specifically grant to us, subject to your privacy settings, the following authorization: a non-exclusive, assignable, Under license, free and worldwide to use any Protected Content you post on, or in connection with MAISON LEMOINE. This license includes, for example, and without limitation, the license and the right to reproduce, modify, edit, adapt, disclose, translate, create derivative works, distribute, represent and display such contributions (in whole or in part) The world and / or incorporate them into other works in any form, medium or technology, known or later developed.

Under certain circumstances, MAISON LEMOINE will also be able to share your contributions with trusted third parties.

The License ceases when you delete your Protected Content or your account, unless the Content has been shared with third parties and that it has not been deleted.

You also acknowledge that MAISON LEMOINE is not obliged to publish any contribution that You submit in any publication MAISON LEMOINE.

When you delete Protected Content, it is deleted in the same way as when the trash of a computer is emptied. However, You acknowledge that the Deleted Protected Content may remain in backup copies for a reasonable period of time (but will not be available to third parties).

6.2 - Interactions with social networks

Our site uses third-party computer applications that allow the user to share content on our site with others or to let others know about our content. This is the case for "Share", "Like", "Pin" buttons from social networks such as Facebook, Pinterest, Instagram, "Google +", "Twitter", and so on.

When you view a page on the Site containing a "Share", "Pin it" or "Like" button, the browser will establish a direct connection with the servers of the social network concerned.

If you are connected to the social network when you are browsing, the application buttons allow you to link the pages consulted to your account.

If you interact using plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the relevant social network and published on your account.

When you use an application, your content and information are shared with the application, depending on the settings you have chosen. Only your agreement with this application will govern how this application can use, store and transfer these contents and information, and MAISON LEMOINE can in no way be held responsible.

If You do not want social networks to link information collected through the Site to your account, you must log out of the relevant social network before visiting the Site.

 MAISON LEMOINE is in no way responsible for any content whatsoever or the functioning of any of the social networks, including those that may be linked to the Site.

We always appreciate your comments or other suggestions MAISON LEMOINE that you can do on social networks, and You understand that we can use them without having to pay you as such (in the same way that you have no obligation to make).

By transmitting to us all elements, You agree to use the spaces of the Community MAISON LEMOINE, in accordance with the present General Conditions. If you do not wish to grant MAISON LEMOINE the above mentioned authorizations in these terms, we thank you for not submitting or sharing your contributions in the spaces of the MAISON LEMOINE Community.

6.3 - Non-compliance

If you send an image to LEMOINE HOUSE, You may only do so if You guarantee us that the images, videos or related content you submit (the "Images"):

(A) do not represent anything inappropriate, licentious, obscene, defamatory or contain anything that is contrary to accepted standards of decency and good taste;

(B) do not infringe the rights of third parties, including copyright, trademarks, patents or designs;

(C) present no person who has not explicitly agreed to appear in the image;

(D) shall not present any person under 18 years old unless the person legally responsible for the consent has given consent.

In the event that you do not comply with the MAISON LEMOINE Community Rules, an e-mail may be sent to you, informing you that any contribution you may have made has been refused or modified. This e-mail will also include a cautionary statement informing you that in the event of a continuing violation of the Community Rules, measures may be taken against your account.

These measures may consist in verifying the contents You propose before their publication on the Website, or the temporary or permanent suspension of your capacity to participate in all or part of the spaces and services of MAISON LEMOINE.

In any event, if You use several user accounts in order to disrupt the MAISON LEMOINE Community, measures may be taken with respect to one and / or all of your user accounts.

 

7 - Intellectual Property

The following elements constituting the site www.maison-lemoine.com and made available within the Site, are the exclusive property of MAISON LEMOINE:

       The models (the Articles) offered on the Site under the brand MAISON LEMOINE,

       Trademarks, logos and any distinctive sign associated with the Articles,

       The Site, and in particular its structure, titles, its visual and graphic identity, design, ergonomics, functionalities, software, texts, images (animated or fixed), soundtracks Drawings, sketches and illustrations, logos, acronyms, colors, graphics and any other element and / or sign that make up the Site,

       The databases, their structure, organization and contents, designed and managed by MAISON LEMOINE for the purposes of publishing and operating the Site,

       The design elements of the Site whether graphical or technical,

       The newsletters MAISON LEMOINE and their contents,

       The newspaper / blog MAISON LEMOINE and its contents, subject to the contents provided by the members of the Community MAISON LEMOINE.

Consequently, with the exception of the exceptions expressly provided for in the General Conditions of Use, You are prohibited from reproducing, in whole or in part, by any means whatsoever, directly or indirectly, and in any form whatsoever, To download, distribute, publish, transmit, modify or sell all or any of the foregoing, or to create derivative works from them. In general, You are prohibited from using these elements other than in connection with the execution of the present.

You may make only one copy of the Internet pages published on the site for your private, personal use and only for non-commercial purposes, provided that you do not modify all or part of the information contained and that any copy of these Internet pages All references to "copyright" and exclusive rights contained therein. The modification of these documents and / or any reproduction and use of copies made for other purposes constitutes an infringement of the intellectual property rights of MAISON LEMOINE.

The brand MAISON LEMOINE and its logo, registered or not, posted on the site maison-lemoine.com, as well as the domain names "maison-lemoine.com" and "maison-lemoine.fr" are, and will remain, the property Exclusive of MAISON LEMOINE. Any reproduction, distribution, transmission, modification or use of these marks without prior express consent of MAISON LEMOINE, for any reason whatsoever, is prohibited. Their disclosure can not be interpreted as granting any license or right to use any of the said marks, logos, designs and other distinctive features.

 

8 - Hypertext links

8.1 - Hyperlinks to the Website

Any creation of hypertext links to any part of the Site, is subject to the prior express written agreement of MAISON LEMOINE.

If you have a personal website and wish to place a simple link on your website for personal use directly to the homepage and / or any other page of the Website, you must Request authorization from MAISON LEMOINE.

If necessary, the authorization of MAISON LEMOINE will be non-exclusive and revocable and will in no way constitute an implicit agreement of affiliation.

In any case, it is prohibited to:

- to create a hypertext link which may have an unlawful, unfair, false, derogatory, counterfeiting, or detrimental character, or which could harm the reputation of MAISON LEMOINE;

- put in place a hypertext link which would suggest any form of association, approval or support of MAISON LEMOINE, whereas there is none;

- set up a hypertext link on a website that you do not own;

- setting up a hypertext link on a website integrated in another website;

- use framing or in-line linking techniques

In all these cases, any link must be withdrawn upon request of MAISON LEMOINE, which reserves all recourse.

In no case shall the creation of a hypertext link incur the responsibility of MAISON LEMOINE, for any reason whatsoever.

8.2 - Hypertext links from the Website to other sites

The MAISON LEMOINE website also contains hypertext links to third-party sites not published or controlled by MAISON LEMOINE (the "Linked Sites").

Such links are provided solely as a convenience; They may not and shall not be construed as express or implied endorsement of such sites, their content or any products or services offered on them.

MAISON LEMOINE does not have any control over these Linked Sites and its responsibility can not be engaged of their fact, or for any loss or damage resulting from your use of these Linked Sites. Use of Linked Sites is governed by the terms of use and service of each Linked Site.

Notably, MAISON LEMOINE has no control over the content, the privacy policy and the protection of personal data or the actions of these websites. The use of information that You may provide to third parties on other sites or that these third parties may collect on other websites is not governed by this Privacy Policy. You must carefully review the privacy and data protection policy of third party websites and contact the editors of these websites if you have any questions about how they use your information.

 

 

9 - Liability

MAISON LEMOINE shall in no event be liable to You or any third party for any indirect, incidental, special or incidental damages - including, without limitation, any loss of profit or other loss Indirectly, resulting from your use of the site www.maison-lemoine.com or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.

Furthermore, MAISON LEMOINE can not guarantee and affirm:

- the website is free from viruses, data crashing programs, Trojan horses or other destruction equipment. MAISON LEMOINE warns each Customer about the need to implement a solution and security measures to prevent the spread of viruses within its computer or its portable or mobile equipment.

- the reliability of the Internet, especially in terms of relative security in the transmission of data, unguided continuity in access to the Site, unpredictable performance in terms of volume and speed of data transmission and propagation of virus.

- the information contained in the site is accurate, complete or up to date. The website may contain technical inaccuracies or other defects, MAISON LEMOINE does not guarantee the correction of these defects. The website and the content of this site are presented "as is" and "according to availability".

MAISON LEMOINE expressly excludes any form of warranty, and in particular any implied warranty relating to the usual conditions of use of the site www.maison-lemoine.com or the suitability of the site for normal use or for a specific use, Or compliance with any legal provisions.

This limitation of liability applies to the fullest extent permitted by law.

 

10 - Warranty

You agree to indemnify, defend, and hold harmless MAISON LEMOINE (and its directors, officers, employees, consultants, agents, affiliates, etc.) from and against any and all claims, liabilities, damages and / Including, without limitation, legal fees resulting from your use of the Website.

 

11 - Invalidity

Should any part of the GTC be inapplicable (including any waiver provision), the applicability of the remaining GCUs would not be affected, and the remaining clauses would remain in effect.

As far as possible, if a clause / sub clause or part of clause / sub clause can be separated from the rest of the clause in order to make the remaining part valid, the clause should be interpreted accordingly. Otherwise, you agree that the clause in question be rectified and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the Act.

 

 

 

 

12 - No Waiver

If you do not respect these GCU and if no action is taken against you, MAISON LEMOINE will always retain its right to use its rights and rights to act in any other situation of non-compliance with these GCUs on your part .

 

13 - Disputes, Applicable Law and Jurisdiction

In the event of a dispute, You have the option of using a conventional mediation procedure or any other alternative dispute resolution procedure.

Therefore, you are invited to contact the Customer Service of MAISON LEMOINE, in order to resolve any dispute amicably. In general, you are invited to share your comments, positive or negative, by contacting Customer Service.

In any event, these GTC are governed and interpreted in accordance with French law, in accordance with Regulation EC 593/2008 of 17 June 2008. In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

- You may seize either the Court of the place where you are domiciled or the French Courts,

- MAISON LEMOINE will be able to apply to the Court of the place where you are domiciled.

MAISON LEMOINE reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.

These GCUs do not affect your legal rights as a consumer. For more information on their rights, you should contact your local authority or a consumer advice agency.

Finally, please note that this Website complies with the French legislation and in no case MAISON LEMOINE gives a guarantee of conformity with the local legislation which would be applicable to you, since You access the Website from other countries.