Juridisk meddelelse

GENERAL TERMS AND CONDITIONS

1. INTRODUCTION

These general terms and conditions of sale (hereinafter "Terms of Sale") apply to any offer and sale of products on the website www.maisonlabiche.com (hereinafter "the Site"), owned by SAS MLB, Siret 539 609 230 000 39 with its registered office at 5, rue d’Aboukir, 75002 Paris, France (hereinafter "Maison Labiche") and to any consumer, individual visiting or making a purchase via the Site (hereinafter "the Customer").

On the Site, Maison Labiche allows the Customer to order Maison Labiche branded products online (hereinafter "the Product(s)") according to these Terms of Sale.

Any order placed with Maison Labiche requires the Customer's unconditional acceptance of these Terms of Sale. These Terms of Sale may be modified at any time and without notice by Maison Labiche, the applicable conditions being those in force on the date of the Customer's order.

These Terms of Sale are permanently accessible at the following address: : https://cdn.shopify.com/s/files/1/0577/9069/3556/files/Conditions_generales_de_vente.pdf

2. PRODUCTS AND CONFORMITY

2.1 The Products are presented on the Site with a description.

2.2 The Products comply with standards applicable in France.

Although all precautions are taken to ensure that the Products are accurately described through the photos available on the Site, some details (such as color, prints, or texture) may vary depending on your screen resolution and may slightly differ from the product you receive. 

Any information on the Site regarding size is for reference only. If you have any doubt about the size, we recommend that you contact us before placing your order.

3. CUSTOMER'S OBLIGATIONS

3.1 The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him/her to place an order on the Site.

3.2 The Customer undertakes to provide Maison Labiche with the real and necessary information required for the execution of the sale subject to these conditions as requested online and according to their situation, in particular their name, first name, address, phone, and valid email.

Any consumer has the right to register on the list of opposition to telephone solicitation. This registration is free and can be done online, especially on the official website www.bloctel.gouv.fr (for France).

The Customer may create an account. The account will be accessible using the login credentials (email address and password) chosen by the Customer at the time of registration. The Customer acknowledges that their identifiers and password are strictly personal and confidential.

Consequently, they are prohibited from communicating or sharing them with third parties. For security reasons, it is recommended that the Customer choose a robust password in accordance with applicable standards (8 characters, including uppercase, lowercase, digits, and special characters). In case of suspected fraudulent use of their identifiers, the Customer must immediately inform Maison Labiche.

3.3 Once the order is placed, Maison Labiche will send the Customer an email confirming it. It will inform them of the dispatch of the Products.

3.4 The Customer can modify their data in the "my account" section.

4. ORDERS

4.1 To order one or more Products, the Customer must select them on the Site by selecting their size, if applicable their color, and adding them to the cart. In the case of a personalized Product, the Customer will be invited to select the customization elements of the Product.

The Customer can also reserve a Product in one of Maison Labiche's boutiques by indicating the size and the store and his/her contact details. In this case, the Customer will be required to accept the general terms and conditions of use of E-reservation and the order (purchase and payment) will be finalized directly in-store. 

To finalize the online order, the Customer will be able to check the cart that appears by clicking on the corresponding icon or automatically when adding a product to the cart, then click on "proceed to payment". The Customer will be asked to provide information or to open an account if he/she already have one. The Customer will be redirected to the page concerning delivery and then payment. 

An online order will only be validated after acceptance of the payment.

4.2 Maison Labiche reserves the right to cancel or refuse an order in the event of a payment dispute with the Customer over a previous order.

4.3 Maison Labiche can accept orders within the limits of available stocks. It will inform the Customer of the availability of the Products sold on the Site at the time of the order confirmation.

If, despite Maison Labiche's vigilance, the Products are unavailable, Maison Labiche will inform the Customer by email as soon as possible. The Customer can then cancel their order and be refunded, if applicable, the amounts already paid.

5. PRICING

Prices displayed on the Site are indicated in euros, including all French taxes (French VAT and other taxes possibly applicable), excluding shipping costs, order processing fees, and packaging costs.

Shipping costs, order processing fees, and packaging costs will be indicated in the Customer's cart, before the final validation of the order.

Prices may be modified at any time, without notice and in particular in the event of a change in fiscal or economic data. Products will be invoiced based on the prices in effect at the time of the registration of the order.

6. PACKAGING

Gift wrapping is offered for the purchase of a personalized item. It will be placed in a gift pouch (t-shirts / marinières (striped jersey) / sweatshirts / shirts / adult and children's accessories, etc.) or in a large box (knit sweaters / worker jackets, etc.) depending on the size of the Product.

 In the event that your order includes, in addition to personalized items, collection items that you wish to offer, we suggest that you add the appropriate packaging to your cart.

7. DELIVERY

 

7.1 The choice of shipping terms will be made when ordering, before the payment. 

Maison Labiche delivers worldwide to the countries indicated on the Site, and the Customer can track his/her order at any time. The price of shipment will be calculated before the payment, when choosing for the shipping terms.

In France, standard shipment is free for all orders over 150 euros and express shipment is free for all orders over 250 euros. In Europe and international countries, the Customer should consult the "Pricing table by country" in the "Shipping and Returns" section.

Products are shipped with the delivery paperwork, to the delivery address indicated by the Customer when ordering (or to the store of his/her choice, in Click and Collect). 

To guarantee delivery timeframes, the Customer must provide accurate and complete information regarding the shipping address (such as street number, building, stairway, access codes, names and/or intercom numbers, etc...).

Maison Labiche reserves the right not to ship to any country prohibited by export laws and regulations. Orders cannot be shipped to P.O. boxes or similar addresses.

Products from the same order cannot be delivered to different delivery addresses. In the case of an order for several Products, the Products may be delivered in several parcels from the warehouse and/or a Maison Labiche store.

If the Customer orders a Product(s) requiring international shipping, package may be opened and inspected by customs authorities and may be subject to import taxes to be paid upon receipt of the order or later. The Customer will have to pay these import taxes. Maison Labiche has no control over these taxes and cannot foresee their amounts. The Customer may contact his/her local customs authority for more information before ordering. In the event that the Customer wishes to return an item, import taxes will be refunded if they were included in the purchase price. If they were not included, the Customer will have to recover these taxes, if possible, from the customs authorities.

7.2 Delivery timeframes

Standard shipment in France:

Colissimo shipment upon signature within 3 to 4 days once the order is shipped (mainland France, excluding DOM TOM).

Express shipment in France:

TNT shipment upon signature within 1 to 2 days once the order is shipped (mainland France excluding Corsica and DOM TOM).

Pickup point shipment (La Poste, relay, and pickup lockers):

Package available at a pickup point, within 3 to 4 days once the order is shipped (mainland France and Corsica, excluding DOM TOM).

Shipment in Europe and internationally:

DHL Express shipment within 1 to 2 days once the order is shipped.

N.B. The implementation of Brexit leads to a change in customs fees for shipments to the United Kingdom. The Customer will have to pay customs duties in the following cases: if the value of the shipment is more than 150 euros, as well as for products that are not from the United Kingdom or the European Union.

Any delivery delay beyond the delivery timeframe and not due to force majeure may result in the resolution of the sale at the initiative of the Customer by sending a registered letter with acknowledgment of receipt by the latter. In accordance with Article L216-2 of the French Consumer Code, the sale will be considered terminated upon receipt by Maison Labiche of the Customer's letter informing of the decision to terminate the sale, if delivery has not taken place in the meantime. In the event of a resolution, Maison Labiche will refund the Customer the amounts they have paid as soon as possible and no later than 14 (fourteen) days from the receipt of the registered letter with acknowledgment of receipt.

In the event of a return of the package due to the Customer (for example, incorrect address, failure to claim the package from the post office), the Client shall bear the associated costs (storage fees and/or reshipment costs).

Reception: If the package delivered by the carrier is in poor condition or if Products are missing, it is recommended that the Customer refuses the package and makes explicit reservations on the delivery paperwork to activate the carrier's warranty. The Customer shall inform Maison Labiche in writing as soon as possible so that Maison Labiche can conduct an investigation against the carrier. The Customer should be aware that accepting the package without reservations extinguishes any action against the carrier for damage or loss if, within three days, excluding public holidays, following the receipt, the damage or loss has not been notified by registered letter.

8. PAYMENT

Payments are secured by the Shopify Payments system (Visa, Mastercard, Amex credit cards) or a payment in 3 installments with Alma, online payment providers on Internet. 

Other payment methods are available for international Customers via Global-E (JCB, Klarna in installments, Paypal), depending on the delivery country.

Depending on the payment method, the Customer must accept the general conditions of the payment provider at the time of payment.

Online payments are subject to validation by the Customer's card issuer; Maison Labiche is not responsible if the issuer   decides to decline the payment for any reason. Maison Labiche also performs pre-authorizations on the Customer's card and the Products will be shipped only when this pre-authorization verification has been completed. Some card issuers may charge a fee for online processing fees, for which Maison Labiche is not responsible.

9. RETURNS POLICY

 

Right of Withdrawal

In accordance with Articles L. 221-18 and following of the French Consumer Code, the Customer has a right of withdrawal without having to justify reasons or pay penalties. 

This right can be exercised by the Customer within 15 days from the receipt of the order (this period is extended to 30 days for orders delivered outside France).* 

The Customer may request the return of the Product(s) by notifying Maison Labiche of the decision to withdraw, using an unambiguous statement (e.g., letter sent by post, fax, or email). The Customer may use the template form provided in the annex of these Terms and Conditions of Sale if he/she wishes.

For all orders, returns are free, and a prepaid return label is provided to the Customer (except for products purchased during Maison Labiche's digital archive sale). The Customer must return the Products without undue delay and no later than 14 days after communicating their decision to withdraw, to the following address: Logtex - Maison Labiche, 1 rue des Lacs, Service Retours / Isabelle Miermont, Parc Logistique de l'Aube, 10800 MOUSSEY, France. 

The Client may request an exchange or refund in Maison Labiche’s stores Vieille du Temple (located at 105 rue Vieille du Temple 75003 Paris) and/or Vieux Colombier (located at 18 rue du Vieux Colombier 75006 Paris), except for items purchased as part of the digital archive sale. In this case, the refund will be made upon presentation of the order confirmation email for orders made on the Site.

Where possible, the Client is asked to kindly return the Products in their original packaging, properly opened, labeled, and in perfect condition.

The refund of returned Products will be made as soon as possible (and no later than within 14 days) after Maison Labiche has received the returned Products. Maison Labiche will credit the bank account used to pay for the order. The Client may request a refund in Maison Labiche's stores Vieille du Temple (located at 105 rue Vieille du Temple 75003 Paris) and/or Vieux Colombier (located at 18 rue du Vieux Colombier 75006 Paris), except for items purchased as part of the digital archive sale. In this case, the refund will be made upon presentation of the order confirmation email for orders made on maisonlabiche.com.

Maison Labiche will refund the total price of the Product(s) except for the shipping costs incurred at the time of purchase of the Product(s). 

By way of exception, the Customer shall be aware that according to Article L221-28 of the French Consumer Code, the Customer cannot exercise the right of withdrawal for personalized Products.

*In the context of an order made with the "Try Before You Buy" service, the Client has a period of 5 calendar days (the trial period) to request a return. At the end of the trial period, the Client will only be charged for the Products they have declared they are keeping. The Client then has 3 working days to return the Products they wish to return. If the Client does not declare their intentions by the end of the trial period, they will be charged the total amount of the order. The Client must exercise their right of withdrawal according to the deadlines and procedures described above to return the concerned Products.

The Client's liability may be incurred in case of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these Products.

Legal Warranty of Conformity 

In accordance with Article D. 211-2 of the French Consumer Code, the Customer is informed that:

The Customer has a period of two years from the date of delivery of the Product in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance. 

The legal warranty of conformity entitles the Customer to the repair or replacement of the Product within thirty days of his/her request, without incurring any cost and without major inconvenience to him/her.

If the Product is repaired under the legal warranty of conformity, the Customer benefits from an extension of six months of the initial warranty. 

If the Customer requests the repair of the Product, but Maison Labiche imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the Product.

The Customer may obtain a reduction of the purchase price by keeping the Product or terminate the contract and get a full refund against the return of the Product, if:

1° Maison Labiche refuses to repair or replace the Product;

2° The repair or replacement of the Product takes place after a period of thirty days;

3° The repair or replacement of the Product causes major inconvenience for the Customer, especially if the Customer permanently bears the costs of taking back or removing the non-conforming Product, or if they bear the costs of installing the repaired or replacement Product;

4° The non-conformity of the Product persists despite Maison Labiche's unsuccessful attempt to comply.

The Customer is also entitled to a reduction in the price of the Product or the resolution of the contract when the conformity defect is so serious that it justifies an immediate price reduction or contract resolution. The Customer is then not required to request the repair or replacement of the Product beforehand.

The Customer does not have the right to resolve the sale if the conformity defect is minor.

Any period of immobilization of the Product for its repair or replacement suspends the warranty that was remaining until the delivery of the repaired Product.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

The seller who willfully obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).

The Customer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles to a price reduction if the Product is kept or a full refund against the return of the Product.

In case of a defect in the Product, the Customer undertakes to return the Product if possible in its original packaging, to the following address: Logtex - Maison Labiche, 1 rue des Lacs, Service Retours / Isabelle Miermont, Parc Logistique de l'Aube, 10800 MOUSSEY, France.

If the defectiveness of the Product is confirmed, the shipping costs will be reimbursed to the Customer according to the rates applied by Colissimo. A copy of the shipping receipt with rate and tracking number will be requested from the Customer. Otherwise, the shipping and possible reshipping costs will remain the responsibility of the Customer.

10. CREDIT AND EXCHANGES

Without prejudice to the right of withdrawal and the application of the legal guarantees indicated above, the Customer may request an exchange or a credit for the purchased Product within 14 days from the date of receipt of an order made on the Site (excluding orders made with the 'Try Before You Buy' service and within a period of 30 days for international orders).

Where possible, Customers are asked to kindly return the products in their original packaging, properly opened, labeled, and in perfect condition.

- Returned Products must not have been worn, washed, or damaged in any way and must be returned with the original hangtag, in perfect resalable condition.

- Personalized Products and lingerie are not exchangeable, nor can they be credited (except in the case of applying the legal guarantees as described above).

- Exchanges can be made either by returning to the warehouse (reserved for Products purchased online) or in-store.

- Returns for exchanges to our warehouse (Logtex) are free, and a prepaid return label is provided to the Customer.

The return address is: Logtex - Maison Labiche, 1 rue des Lacs, Service Retours / Isabelle Miermont, Parc Logistique de l'Aube, 10800 MOUSSEY, France. 

By way of exception, the return costs shall be paid by the Customer for Products purchased during the Maison Labiche digital sale.

The exchange of the returned Product(s) will be validated only after receipt and inspection.

Customers may also request an exchange in Maison Labiche’s stores Vieille du Temple (located at 105 rue Vieille du Temple 75003 Paris) and/or Vieux Colombier (located at 18 rue du Vieux Colombier 75006 Paris). 

Exchanges are authorized upon presentation of the order confirmation email for orders made on the Site. 

Products will be inspected and, if compliant, an exchange or credit will be issued.

- If the amount of the new Product is higher than the exchanged product, the difference must be paid directly in-store.

- If the amount of the new Product is lower than the exchanged Product, a credit will be issued.

- For every credit generated following a web order, the Customer will receive the value of the returned Products plus an additional 10% in the form of a credit. 

Credits are usable within a period of 6 months, upon presentation of the credit ticket or the received credit ticket email.

Credits created on the Site are only usable on the Site. Credits created in Maison Labiche stores (Vieille du Temple, Vieux Colombier, Batigolles) are not usable on the Site.

11. INTELLECTUAL PROPERTY

Maison Labiche is a trademark registered with INPI, maisonlabiche.com is a reserved domain name, and the Site along with its original elements are the sole property of Maison Labiche. No one is authorized to reproduce, exploit, distribute, or use in any title whatsoever, even partially, the elements of the Site, except with written consent from Maison Labiche.

The Customer must use the Site and its contents legally (in accordance with all applicable laws and regulations), responsibly, and in no way that could harm the name, reputation of Maison Labiche, or that of its partners.

12. PERSONAL DATA PROTECTION

In accordance with the January 6, 1978 law relating to information technology, personal data relating to customers may be subject to automated processing. The customer has the right to access and rectify their personal data in accordance with the law.

A customer may request to be deleted from the brand's database, upon which request Maison Labiche shall be compelled to delete all contact details and information. The data collected may not be used for commercial purposes other than those referred to on the website. 

The data used for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship.

The customer has the right to access, modify, rectify or delete their personal data: in order to exercise this right, the customer must send an e-mail to the following address: help@maisonlabiche.com

13. APPLICABLE LAW AND DISPUTES

The sales contract between Maison Labiche and the Customer is concluded in French, and these General Terms and Conditions of Sale are subject to French law.

When the contract is concluded with a Customer residing in an EU Member State other than France, they are also informed that they benefit, under Article 6, paragraph 2, of the European Regulation "Rome I", from the protection provided by the mandatory provisions of the law that would be applicable to them.

In case of a dispute between Maison Labiche and the Customer regarding the validity, execution, non-performance, or interpretation of these General Terms and Conditions of Sale or, more generally, the relations between Maison Labiche and the Customer, the latter may: 

- Submit their complaint to Maison Labiche, which will respond in writing as soon as possible

- Resort to a mediation procedure with the consumer mediator AME (contact details: AME (Association Des Médiateurs Européens) - 197 boulevard Saint-Germain, 75007 PARIS / website: https://www.mediationconso-ame.com/demande-de-mediation-ame.html) or any other alternative dispute resolution method. The Customer may also visit the ODR platform (Online Dispute Resolution), accessible at http://ec.europa.eu/consumers/odr

- Or take a legal action before one of the competent jurisdictions. In particular, the Customer may take an action before either one of the territorially competent jurisdictions under the code of civil procedure or the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging fact. 

IT IS EXPRESSLY REMINDED THAT REQUESTS FOR AMICABLE SETTLEMENT DO NOT SUSPEND THE DEADLINES OPEN FOR TAKING LEGAL ACTION.

14. CONTACT US

The Customer may submit any questions regarding these GTC, an order placed, or the general ordering process by email at help@maisonlabiche.com, or by phone at +33 6 63 93 24 34 from 10:00 AM to 1:00 PM and then from 2:00 PM to 5:30 PM, Monday through Friday, or by mail at the following address:

Maison Labiche

142 rue Montmartre,

75002 Paris,

France

Updated January 24, 2024