GENERAL CONDITIONS OF SALE AND USE OF THE MAISON LEMOINE WEBSITE FOR PROFESSIONALS
ARTICLE 1: OBJECT
The Seller is Maison Lemoine, SARL registered with the RCS of Paris, under number 814 096 939, whose registered office is located at 15, rue Blondel 75002 Paris, with a shop located at 15, rue Blondel 75002 PARIS, and an online store accessible at the address https://www.maison-lemoine.com, represented by Claire Lemoine, manager (hereinafter "The Seller").
The Reseller is the company on whose behalf the order is placed and whose activity consists of selling fashion outfits and accessories in stores or in showrooms (hereinafter “the Reseller”).
This document determines the rights and obligations of the parties in connection with the sale by Maison Lemoine of ready-to-wear (“the Products”). It applies to orders placed by the Reseller with Maison Lemoine via an order form (or an email that includes the mentions), or via the Maison Lemoine website https://www.maison-lemoine.com and form , with the order form, or the invoice published when ordering on the site, the sales contract.
ARTICLE 2 – PRODUCTS
The Seller commits to provide new products in perfect condition and to correct any defect in a Product or to replace said defective Product at its expense. The Products must comply with the technical characteristics indicated in each product sheet on the website https://www.maison-lemoine.com. The illustrations or photographs of the Products on the website have no contractual value. The Products relate exclusively to Maison Lemoine creations.
ARTICLE 3 – DELIVERY
The delivery of the Products is made to the delivery address indicated on the order form and/or the invoice. The standard delivery time is 4 working days from receipt of payment by the Seller as indicated below and within the limits of available stocks. The Seller cannot be held responsible in the event of a delay in delivery attributable to the carrier.
The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the Reseller:
- the award of damages; cancellation of the order.
In the event of a delay of more than 14 working days, the Reseller may request the resolution of the sale. The installments already paid will then be returned to him by the Seller.
The responsibility of the Seller can in no case be engaged in the event of delay or suspension of delivery attributable to the Reseller or in the event of force majeure.
Delivery will be made to the place of delivery indicated by the Reseller, the products traveling at the risk and peril of the Reseller. He is required to check the apparent condition of the products upon delivery. In the absence of reservations expressly formulated in writing, by the Reserller, within 7 days of delivery, the products delivered will be deemed to comply in quantity and quality with the order. The Seller shall replace as soon as possible and at its own expense the products delivered whose lack of conformity has been duly proven by the Reseller.
ARTICLE 4 – INVOICING AND PAYMENT
The Reseller undertakes to pay the Seller the full price of the Products indicated in the order form as well as the delivery costs (insurance included) of the Products. These will be communicated to him by the Seller as soon as the estimate of the costs has been made.
When registering the order on the Seller's B2B website https://www.maison-lemoine.com, the Reseller must pay 100% of the total amount of the invoice at the time of validation of the order.
If the purchase does not go through the B2B website, an invoice is issued by the Seller when the Order is signed. Payment is made by the Reseller upon receipt of said invoice, by bank transfer to the account of Maison Lemoine, the details of which are indicated on the order form.
Any payment is worth a firm and final order, returns and refunds are not possible.
In the event of total or partial non-payment of the goods delivered on the day of receipt, the Reseller must pay the Seller a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods; it is revised every 6 months (Ordinance no. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment compensation, any amount, including the deposit, not paid to its due date, will automatically produce the payment of a fixed indemnity of 40 euros due for recovery costs (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code).
No discount will be granted in the event of early payment.
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Seller grants itself the right to modify its prices at any time. However, he undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Title retention clause
The Seller retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the Reseller is subject to receivership or judicial liquidation, the Seller reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
The Reseller may benefit from a discount rate which may be reviewed within the framework of the Special Conditions of Sale, during the commercial negotiation, depending on the nature and volume of the services rendered.
ARTICLE 5 – PRICE OF PRODUCTS IN STORE
The Reseller may freely set the price of the Products resold in its store or showroom, provided that this price is not lower than the public price charged by Maison Lemoine on its website. This will not apply during sales periods or clearance sales by the Reseller, which must remain the exception, and which may only concern Maison Lemoine products after the Seller's express agreement.
ARTICLE 6 – RESALE CLAUSE
The Seller reserves the right to choose its own distributors. No Reseller may resell Products to another reseller, unless expressly agreed otherwise by Maison Lemoine.
ARTICLE 7 – COMMUNICATION AND BRAND IMAGE
The Parties undertake to communicate positively with each other and to provide each other with the elements and media necessary for communication on social networks (shooting visuals, texts, product images, graphic charter, etc.). The Seller commits to cite the Reseller as a point of sale on its website. The Reseller commits to communicate about Maison Lemoine in his shop or showroom, and to respect the Maison Lemoine quality standards, in particular in the presentation and display of the brand and the Products, as well as in any alterations made.
ARTICLE 8 – CONFIDENTIALITY
The Seller and the Reseller commit to keep confidential all information of which they may have become aware in the context of their private exchanges, in particular the financial conditions of the contract.
ARTICLE 9 - APPLICABLE LAW, LANGUAGE OF THE CONTRACT AND JURISDICTION CLAUSE
By express agreement between the parties, these General Conditions of Sale and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ALL DISPUTES TO WHICH THIS AGREEMENT COULD GIVE RISE, CONCERNING ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, ITS TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UPS WILL BE SUBMITTED TO THE COURT OF NANTERRE (92).
ARTICLE 10 - RESELLER ACCEPTANCE
These general conditions of sale are expressly accepted by the Reseller who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase.
General Terms and Conditions of Sale for Resellers – Updated in March 2021