General terms and conditions of sale

general conditions of sale

PReamble

Linge au Cœur publishes the e-commerce website accessible via the Internet at:

https://www.maisonduchenoy.com (hereinafter "the Site" or "Maison Duchénoy Site").

These General Terms and Conditions of Sale are applicable to any purchase made on the Maison Duchénoy Site that acts in this case as a distributor. For the purposes hereof, it is agreed that Maison Duchénoy will be referred to as "Seller" or "Maison Duchénoy", the user of the Site will be referred to as "User" and the User who has validated an order will then be referred to as "Buyer".

Maison Duchénoy and the Buyer shall be collectively referred to as the "Parties" and individually referred to as the "Party". The rights and obligations of the User necessarily apply to the Buyer. The User who wishes to buy on the Site Maison Duchénoy, declares to have the full legal capacity allowing him to engage under these General Conditions of Sale.

The products offered for sale by the Seller on the Website are called "Products".

 

Any order for a Product offered on the Maison Duchénoy Website implies consultation and express acceptance of these General Conditions of Sale, without however this acceptance being conditioned by a handwritten signature on the part of the User. In accordance with the legal provisions, it is recalled that the validation of the purchase order as specified in Article 4.4 below, constitutes an electronic signature that has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the enforceability of the sums due in execution of said order.

ARTICLE 1. – PURPOSE

The purpose of these General Conditions of Sale is, on the one hand, to inform any Buyer on the terms and conditions under which the Seller proceeds to the sale and delivery of the Products ordered and, define the rights and obligations of the Parties in connection with the sale of Products by the Seller to the Buyer.

They apply, without restriction or reservations, to all sales, by the company Linge au Cœur, of the Products offered on its Site.

Consequently, the fact for any person to order a Product offered for sale on the Site of the company Maison Duchénoy implies full and complete acceptance of these General Conditions of Sale which the Buyer acknowledges having read beforehand its command.

Orders placed on the Maison Duchénoy Site are reserved for individuals and companies "final buyers" other than for their resale. Resale or distribution of Maison Duchénoy Products purchased on the Site is strictly prohibited.

ARTICLE 2. – COMPAGNY IDENTIFICATION

Company name and type: LINGE AU COEUR SAS

Address: 5, place des Victoires – 75001 Paris - France

RCS: Paris B 562 048 561

intra-Community VAT: FR30562048561

Director of Publication: Pascale Duchénoy

Customer Service Email: eboutique@maisonduchenoy.com

Host: OVH

ARTICLE 3. - ACCESS TO THE SITE

The Buyer makes his personal business of the establishment of computer and telecommunications means allowing access to the Site.

The Buyer shall bear the costs of telecommunications when accessing the Internet and using the Maison Duchénoy Website.

ARTICLE 4. - contract formation and orders

4.1. Price

The selling prices of the Products online on the Site Maison Duchénoy, are indicated in euros including VAT and are those in force at the time of registration of the purchase order by the Buyer. They do not include processing and shipping costs, charged in addition to the price of the Products purchased according to the amount of the order. The costs of packaging and shipping will be indicated before the registration of the order by the Buyer.

When placing an order, the Products will be invoiced on the basis of the rates in force at the time of validation of the order. The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the Products sold by the Site. The selling prices of the Products may be modified by Maison Duchénoy at any time. This modification will be reported to the Buyer before any order.

The products remain the property of Linge au Cœur until full payment of the price by the Buyer.

4.1.1 Special cases of orders sent outside the European Union:

In the case of an order to a country other than the EU, the Buyer is the importer of the Products concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated excluding tax on the invoice. Customs or other local taxes, import duties or state taxes may be payable. These rights and amounts are not the responsibility of Linge au Cœur. They will be the responsibility of the Buyer and are the sole responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and bodies in his country. It is also up to the Buyer to inquire with the local authorities about any import restrictions of the Products he intends to order, the company Linge au Cœur not assuming any responsibility in this regard.

Professionals who wish to place an order must contact Maison Duchénoy beforehand by e-mail or telephone. The procedure to be followed will be specified. Orders that will be placed directly on the site without prior contact will not benefit from discount, regardless of the amount of the order.

4.1.2. Special cases of orders sent within the European Union:

The price is calculated including VAT. For professionals with an intra-community VAT number who wish to be exempt from VAT, they must contact Maison Duchénoy beforehand by e-mail or telephone. The procedure to be followed will be specified. Orders that will be placed directly on the Site without prior contact will not benefit from the VAT exemption even if the Buyer provides an intra-community VAT number.

4.2. Characteristics of the products

In accordance with Article L. 111-1 of the French Consumer Code, the Buyer may, prior to his order, read on the Maison Duchénoy Website, the essential characteristics of the product or products he wishes to order. The Buyer selects one or more Products from the different categories offered on the Maison Duchénoy Website. The Buyer having taken knowledge of the Products and their characteristics, marketed by Linge au Cœur, has under its sole responsibility and according to its needs as they have previously determined before any order, made its choice on the Products that are the subject of its order. The photographs, graphics and descriptions of the Products offered for sale are only indicative and do not engage the Seller. In the event that a supplier modifies a product, the graphic representation of it cannot engage the responsibility of the Seller or even affect the validity of the sale.

4.2.1 Dimensions of products

The fibers used by Linge au Cœur for the manufacture of its products for sale on the Site Maison Duchénoy being natural, they can be reduced at the first wash with a withdrawal of about 5%.

4.2.2 Product information and usage tips

The information, advice on use, practical advice concerning the products manufactured and distributed by Linge au Cœur, provided on the Site or by e-mail in response to a question sent electronically by a Buyer, are indicative.

4.3. Order

They are exclusively on the Internet: https://www.maisonduchenoy.com/boutique

Any order implies adherence without restriction or reservation to these General Conditions of Sale.

The User can freely navigate the different pages of the Site, without being engaged as an order.

If the User wishes to place an order, he will choose the various Products to which he has an interest, and express such interest by clicking on the box "Add to my cart".

At any time, the User may:

  • Get a summary of the Products he has selected, by clicking on "My cart",

  • Modify or correct the Products he has selected by using the + keys, - or delete them by clicking on the trash icon

  • Continue your selection of Products by clicking on "Continue shopping",

  • Complete your selection of Products and order these Products by clicking on "Payment by credit card".

To order the Products he has chosen, after clicking on "validate my cart", any Buyer must identify himself, either by entering his email and password if he has already placed an order at Maison Duchénoy, either by filling in the appropriate form if not. In the latter case, the Buyer must fill in the form at his disposal, on which he will include the information necessary for his identification and in particular his name, first name, postal address and e-mail.

The Buyer is informed and accepts that the entry of these two identifiers (email address and password) is proof of his identity and expresses his consent. Once the Buyer is identified, he must validate the delivery address.

4.4. Final validation of the order

The validation of the order constitutes acceptance of these General Conditions of Sale.

After reading the status of his order, and once all the information requested has been completed by the Buyer, the latter will click on "Payment by credit card" to definitively confirm his order. The Buyer must send his credit card number, depending on the type of the card, its expiry date and the cryptogram number (3 or 4 digit number on the back of the credit card).


It is specified that with an immediate payment by credit card, the only means of payment offered by Linge au Cœur on its Site, as provided for in article 8 below, the User will make his payment via the Site Maison Duchénoy using the TPE system (Electronic Payment Terminal) of the banking institution of Linge au Coeur. The Site of Maison Duchénoy is secured by encryption issued by the System Pay system of its bank which is PCI-DSS. Thus the banking data of the Buyer is retransmitted to his banking institution which must also be secured by encryption. At no time will the Buyer’s bank data be transferred to Linge au Cœur’s computer system. The responsibility of Linge au Cœur is therefore released as such.

As soon as he validates his payment, the Buyer’s order is registered and becomes irrevocable, without prejudice to the stipulations of article 9.1 below. The purchase order will be recorded on the computer records of Linge au Cœur themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The storage of this data will be carried out according to the legal provisions.

4.5. Order confirmation

When he has validated his payment (in particular by providing his card number and the expiry date), a summary of the Buyer’s order will be sent by e-mail, upon receipt of the purchase order, to the e-mail address indicated by him at the time of the order. This confirmation will include all the elements constituting the contract between the Parties. The sale will only be considered final after the Buyer has received confirmation of the order by Linge au Cœur and has received the full price. Linge au Cœur recommends that the Buyer keep this information on a paper or computer document.

ARTICLE 5. – availability

The offers presented by Linge au Cœur are valid within the limit of available stocks.

Linge au Cœur reserves the right to modify the assortment of Products.

In the event of a Product unavailability after placing the Buyer’s order (stock error, defective product), Maison Duchénoy will inform the Buyer by e-mail. He will then be offered the choice:

  • Refund of the missing Products within a maximum of 30 days

  • The replacement by other Products of its choice of a value equivalent to the missing Products accompanied by a commercial gesture. The validation will be suspended until the response to the Buyer.

ARTICLE 6. – delivery

6.1 Place of delivery

The Products will be sent to the delivery address indicated by the Buyer during the order process.

In case of absence during delivery, at the address indicated by the Buyer, two new delivery attempts will be made by our carrier. Successive notices will normally be deposited in the mailbox. It will then be up to the Buyer to contact the carrier to agree on a new delivery date or to transmit another delivery address. In the absence of effective delivery to the address indicated, the carrier will keep the parcel of the Buyer in a place close to where he can pick it up later.

In case of exceeding the deadline indicated by the carrier, the package will be returned to Linge au Cœur. Linge au Cœur customer service will then contact the Buyer for a possible return at the Buyer’s expense. All deliveries are announced by email.

6.2. Delivery times

The maximum shipping time is 15 working days from the order of the Product, except special stipulation indicated to the Buyer before the placing of the order and prior to the final validation of it. In this case, Linge au Cœur will indicate to the Buyer an estimated range of the delivery date.

This period will be recalled in the summary of the order as well as in the delivery tracking of the Website.

In case of payment by credit card, orders are shipped within three working days after their online validation. Orders validated on Friday are shipped the following Tuesday. Saturday orders are shipped on Wednesdays and Sunday orders are shipped on Wednesdays. Except holidays, in which case the shipment will be made the next business day.

UPS is the Seller’s carrier. Deliveries are made with the standard and expedited services of this carrier.

You can estimate the delivery time directly on the UPS website at the following link:

https://www.ups.com/content/fr/fr/shipping/cost/zones/index.html?WT.svl=SubNav

If the processing of the order (in particular because of the weight of the parcels, etc.) required a special routing solution, the delivery times would be specified to the Buyer on the order confirmation. If these deadlines are not met, he would have the opportunity to cancel his order.

Similarly, in the event of a strike by delivery services, road carriers, (more generally any social disruption), or climate incidents, delivery times could be extended, without Linge au Cœur being held liable.

The above deadlines of the company UPS are indicated for information only and cannot bind the Seller in any way whatsoever.

6.3. Partial deliveries

The Buyer will be informed by email of the partial delivery of an order. A second email will inform him of the delivery of the other Products and/ or services ordered. In the case of a partial shipment, a delivery note will be available in the package summarizing the Products actually present in it.

6.4. Delivery made

Each delivery is deemed to be made as soon as the Product is made available to the Buyer, in particular by the carrier, materialized by the control system used by the carrier. Without prejudice to the period available to the Buyer under his right of withdrawal defined in article 9.1 below, it is up to the latter to check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears visible traces of deterioration. The said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days of delivery of the Products, a copy of which must immediately be sent to Linge au Cœur.

ARTICLE 7. – flat-rate contribution to processing and shipping costs

For each order, a flat-rate contribution is required which includes shipping, packaging and order processing.

Flat rate contribution to the treatment fee charged per zone:

  1. Metropolitan France and Monaco: 15,00 € TTC

  2. Belgium, Luxembourg and Netherlands: 25,00 € TTC

  3. Andorra, England, Austria, Denmark, Scotland, Spain (except the Canary Islands, Ceuta and Melila), Northern Ireland, Italy, Wales, Portugal (except the Azores and Madeira), Republic of Ireland: 35,00 € TTC

  4. Bulgaria, Estonia, Finland, Greece, Latvia, Lithuania, Romania, Sweden: 55.00 € TTC

  5. Rest of the world: 80,00 € TTC

The Buyer’s basket indicates by default the flat-rate contribution to the processing fees for metropolitan France. If the Buyer selects another country of delivery, his basket is automatically updated with the amount of the flat-rate contribution to the processing fee corresponding to the destination he has chosen.


This participation is offered by Linge au Cœur depending on the purchase amount and the shipping area:

  1. Metropolitan France and Monaco: flat-rate participation offered from 150,00 € purchase TTC

  2. Belgium, Luxembourg and the Netherlands: flat-rate participation offered from 250,00 € purchase including VAT

  3. Andorra, England, Austria, Denmark, Scotland, Spain (except the Canary Islands, Ceuta and Melila), Northern Ireland, Italy, Wales, Portugal (except the Azores and Madeira), Republic of Ireland: flat-rate participation offered from 350,00 € purchase TTC

  4. Bulgaria, Estonia, Finland, Greece, Latvia, Lithuania, Romania, Sweden: flat-rate participation offered from 550,00 € purchase TTC

  5. Rest of the world: flat rate participation offered from € 800.00 purchase including taxes

In this case, if the Buyer has not reached this required threshold, the information on his flat-rate participation automatically enters into the basket (depending on the destination you have chosen).

In case of forwarding, the flat-rate fee cannot be offered a second time.

Taxes and customs fees remain the responsibility of the Buyer for international orders. For more information visit the Customs website.

ARTICLE 8. – Payment

Bank cards are the only means of payment available on the Maison Duchénoy Website.

The amount due by the Buyer is the amount indicated on the order confirmation sent by e-mail by Maison Duchénoy to the Buyer.

Payment must be made at the time of ordering by the Buyer. At no time may the sums paid be considered as deposits.

All orders are payable in euros. The payment of purchases is made in cash by the System Pay system which allows payment by credit card. Payment cards accepted to date are: Visa, MasterCard, American Express. Payments are secured by the PCI-DSS solution in conjunction with the Seller’s bank. In accordance with current regulations and to ensure the security and confidentiality of their information, Linge au Cœur does not memorize the bank details of its Buyers. It is therefore up to the Buyer to register and print his payment certificate if he wishes to keep his banking and transaction details.

In any event, Linge au Cœur reserves the right to refuse any order or delivery in the event of a dispute.

ARTICLE 9. – after sales service - buyer protection

9.1. Withdrawal period

In accordance with article L. 121-20 of the French Consumer Code, the Buyer has a period of fourteen days from the day after he enters into possession of the Products, to return at his expense, the Products ordered, for refund. In case of exercising the right of withdrawal within the aforementioned period, the Buyer is asked to contact Linge au Cœur. The products must be returned to Linge au Cœur in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by a copy of the purchase invoice at the following address:

Maison Duchénoy
12 rue Montesquieu – 92600 Asnières-sur-seine – France

Under no circumstances may Linge au Cœur accept returns of Products that have been opened or whose packaging has been damaged or without invoice.

If the aforementioned conditions of return are met, Linge au Cœur will refund to the Buyer, within fourteen (14) days from the date of receipt by Linge au Coeur of the package (the date of receipt by Linge au Cœur being notification to Linge au Coeur of the exercise by the Buyer of his right of withdrawal), the sums paid by him, however, with the exception of the shipping costs and the costs of returning the Laundry Products to the Heart which remain at the expense of the Buyer. To contact the Customer Service of Linge au Coeur and exercise the right of withdrawal, the Buyer must send an e-mail within the aforementioned period to the following email address: eboutique@maisonduchenoy.com

If the address provided by the Buyer is incorrect or the package has been put in default, the carrier will return the package to the sender. Linge au Coeur will notify the Buyer as soon as possible. A second shipment may be made upon payment by the Buyer of the shipping costs. If the Buyer prefers to cancel his order, it will be refunded excluding shipping costs.

9.2. Exception to the right of withdrawal

In accordance with article L.121-20-2 of the French Consumer Code, the Buyer may not exercise the right of withdrawal for goods on order, made to the specifications of the Buyer or clearly personalized.

9.3. Packages lost / not arrived

In the event of a lost parcel, the Buyer must contact the customer service of the UPS carrier whose contact details appear on the e-mail informing him of the delivery.

The goods are insured up to the declared value.

9.4. Packages lost / not arrived

In the case of a complaint about the quality of the Product, Linge au Cœur will carry out any useful checks and will ask the Buyer if necessary to ask for any information, or useful photos. As a result, Linge au Cœur will be able to respond favourably or unfavourably to the Buyer’s requests. If the answer is favorable, Linge au Cœur undertakes to exchange the Products apparently defective, damaged or damaged.

In this case, it will be up to the Buyer to kindly contact Linge au Coeur. No return or replacement of Product will be accepted after a period of one month following the order.

The goods are insured up to the declared value.

9.5. Exchange

The Buyer has 30 clear days to exchange a product (from the date of receipt of his products). After this period, the delivered products are deemed compliant and accepted by the Buyer, and Linge au Cœur reserves the right to refuse the exchange.

The Products must not have been used, be in their original packaging and, accompanied by a copy of the delivery note and the reason for the return.

In case of exchange, the costs of returns are borne by the Buyer.

In the case of an out of stock on the Product of the exchange and incumbent on the company Linge au Cœur the Buyer will be refunded and compensated by a voucher and his shipping costs will be refunded if they had not been offered.

For obvious reasons of impossibility to resell a Custom-made Product to another Buyer, the custom-made items are neither returned nor exchanged, except in case of quality problem.

ARTICLE 10. - reimbursement

Refunds of the Products in the cases referred to in Article 9 will be made as soon as possible and no later than 14 days after the date on which the right of withdrawal was exercised. The refund will be made on the proposal of Linge au Cœur, by credit on the card that served as payment.

ARTICLE 11. – legal guarantee

In case of delivery of a non-conforming Product and in case of delivery of a product revealing a hidden defect, Linge au Coeur, according to the choice of the Buyer, undertakes either to refund the Buyer of the price of the Product, either to exchange the Product for an identical Product according to the available stocks, or to exchange a Product for a Product of equivalent quality and price according to the available stocks in case of delivery of a non- Product Compliant and in case of delivery of a product revealing a hidden defect.

The shipping and return costs of the Laundry Products to the Heart are the responsibility of the Buyer. For any request of this type, the Buyer must then contact the Customer Service of Linge au Coeur. These provisions are not exclusive to the right of withdrawal.

It is specified that the Seller does not guarantee that the Products will meet a specific need of the Seller, the latter being responsible for the suitability of the Product purchased for the destination he intends to give it.

ARTICLE 12. – MODIFICATION OF THE GENERAL CONDITIONS OF SALE

Linge au Cœur reserves the right to modify these General Conditions of Sale. Any new version of these will be indicated beforehand on the first page of the General Conditions of Sale section. Buyers who do not wish the contractual relations to be governed by the new version of the General Conditions of Sale applicable to any new order, must clearly notify Linge au Cœur and, from the date on which the new version takes effect, they must stop using the Linge au Cœur services.

ARTICLE 13. – RESPONSIBILITY OF LINGE AU COEUR

Linge au Cœur shall in no case be held liable towards the Buyer or a third party for any indirect, incident, special or incidental damage - which includes, without being exhaustive, any loss of profit, turnover or other indirect loss, resulting from the sale of Products.

Linge au Cœur declines all liability, civil or criminal, which could result from an improper use of the marketed products or for damages whose responsibility would lie with the supplier of the product concerned. Linge au Cœur reserves the right to remove or modify any content published on its Website for legal or technical reasons. Photos and content are non-contractual and provided for illustration purposes.

Linge au Cœur cannot be held responsible for the non-performance of a contract for the sale of Products in case of out of stock or unavailability of the Product due to force majeure, disruption or strike in whole or in part, in particular delivery services and means of transport and/or communications.

Events that meet the criteria set by the jurisprudence of the Court of Cassation will be considered as force majeure.

The Parties agree that they must consult as soon as possible in order to determine together the terms of execution of the order during the duration of the case of force majeure.

The Maison Duchénoy Website also contains links to other websites. Linge au Cœur cannot be held responsible for any damages resulting from the use, access to, or content of other websites.

ARTICLE 14. - applicable law - disputes

This contract is subject to French law. These General Conditions of Sale, established in French and English, will be executed and interpreted in accordance with French law. In the event that a dispute arises from this contractual relationship, the Buyer and Linge au Coeur undertake before any legal action to seek an amicable solution. Failing this, the competent court shall be that of the defendant’s domicile or, at the defendant’s choice, of the place of actual delivery.

ARTICLE 15. – completeness

In the event that one of the clauses of these General Conditions of Sale would be null and void by a change of legislation, regulation or a court decision, this shall in no way affect the validity and compliance with these terms and conditions.

ARTICLE 16. – intellectual property

All elements of the Maison Duchénoy Website are and remain the exclusive intellectual property of Linge au Cœur. No one is authorized to reproduce, exploit, broadcast or use for any reason whatsoever and even partially elements of the Site whether software, visual or sound.

Any simple or hypertext link is strictly prohibited without the written consent of Linge au Cœur.