These general conditions of sale (hereinafter the “General Conditions”) apply between the company Pink Monday (hereinafter “we”) and any consumer (hereinafter “you”) placing an order on the website www .lamaisonduchausseur.fr (hereinafter the “Site”). Sales on the Site are aimed exclusively at consumers purchasing items for their personal use, to the exclusion of any resale. The General Conditions may be modified at any time. The applicable version of the General Conditions is the one accessible on the Site at the time of your order.
REP unique identifier for the textile/footwear sector: FR377415_11HTOA
ARTICLE 1. Acceptance of the General Conditions
By checking the box “I accept the terms and conditions” before confirming your order, you acknowledge that you have read the General Conditions in full and you accept them without reservation.
No special conditions or other general conditions emanating from you can, without express agreement from us, prevail over these conditions.
Any contrary condition posed by you will therefore, in the absence of express acceptance by us, be unenforceable regardless of the moment when it may have been brought to our attention.
The fact that we do not avail ourselves at a given time of any of these General Conditions cannot be interpreted as a waiver of our right to subsequently avail ourselves of any of the said conditions.
ARTICLE 2. Items offered for sale on the Site
The items offered for sale are those appearing on the Site on the day of your order. Items are offered for sale while stocks last. We make our best efforts to present and describe the items for sale as faithfully as possible while respecting colors, dimensions and proportions. However, photographs, texts and other descriptions of the items may not fully reflect their true appearance. For this reason, in the event of dissatisfaction upon receipt of your order, you benefit from the rights described in article 7.
ARTICLE 3. Price of items
The prices of the items offered for sale are expressed in Euros, all taxes included, excluding delivery costs. We may change the prices of items at any time. The prices applicable to your order are therefore those appearing on the Site at the time of the order. Delivery charges are additional. Delivery rates depend on the destination, weight and volume of the package. Details of the total amount that will be requested from you will be mentioned on the Payment page summarizing your order.
ARTICLE 4. Order
To place an order, you must be a capable adult or an emancipated minor. Furthermore, there must be no ongoing dispute between us relating to the payment of a previous order, and your order must comply with the General Conditions. You must have a customer account, which you can create online on the Site. Creating a customer account requires that you provide the following information: Name, first name, email address. It is no longer necessary to define a password to access your customer account, a one-time use code will be sent to you directly by email each time you request a connection. The creation of a customer account is possible during the order.
To place your order on the Site, you must select the chosen item, the size and the quantity, then click on the “Add to cart” button. You can then either continue your purchases or complete your order by clicking on the “Proceed to Payment” button. Pursuing the order requires that you read and accept the General Conditions by checking the box “I accept the terms and conditions”. A summary of the selected items, their summary description and their individual and overall price then appear on the screen. You must ensure the relevance of the information summarized in this way before confirming your order. You then click on the “Proceed to payment” button. You then enter the process of finalizing the purchase of the items in your basket. You enter your contact details, and check the information relating to your order (and correct it if necessary by clicking on the shopping cart logo “ ” at the top left).
Then you choose your shipping method from the options provided. You then select the desired payment method from the available options (Paypal or Credit card).
For payments by Paypal, simply click on “Pay with Paypal”, the Paypal connection window opens allowing you to enter your connection information then choose from your available Paypal payment methods (Balance of your account, bank account or bank card). After the selection, you then click on “Continue to check the order”, then on “Pay now” after having re-checked your order information to finalize it.
For payments by credit card, click on “Check order”, the summary of your order is displayed and allows you to recheck the information entered. Finally, click on “Pay Now” to be redirected to our secure payment page to enter your bank card information. Once entered, click on “Pay €xxx” to finalize your order.
Once your order has been confirmed, you no longer have the possibility of modifying it on the Site. Your order is recorded by us as soon as your bank details have been verified and your bank card debit authorization has been received in accordance with the procedure described in article 5.1. Once your order has been registered, we will send you an email summarizing your order. If, despite our vigilance, it turns out that items ordered are no longer in stock, we will inform you of their unavailability and we will reimburse the products for which we were unable to ensure shipment.
ARTICLE 5. Payment
Payment is made by credit card CB, Visa or Mastercard and Paypal by providing the information requested on the payment page of the Site. The debit from your bank card will only take place when your bank details have been verified and authorization to debit your bank card has been received. We reserve ownership of the items until full payment of the order, that is to say, full payment of the order price. The currency used for the transaction is the Euro. The amount debited from the account of the bank card used will depend on the rate of the Euro on the day of debit and any exchange fees charged by the bank issuing the card. We reserve the right to ask you to provide proof of the personal data you provide to us in order to verify that the person whose bank account is debited is indeed the one who placed the order. This verification may take the form of a request for proof of identity and/or address and/or bank documents (RIB or canceled check). If you do not respond to such a request within 7 days of our request, we will not deliver your order or debit your bank card. Delivery times will be suspended until receipt of all the information and supporting documents requested. For any questions relating to payment, you can contact customer service according to the terms provided in article 9.
Payment security
Payment is made via a secure platform. We do not keep the bank details provided. The information relating to your order is subject to automated data processing by PAYPAL and Payplug. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against bank card fraud. Your invoice will be available, downloadable and printable in the “my account/Order history” section, as soon as your order is shipped.
ARTICLE 6. Delivery
We deliver to:
- Metropolitan France, Monaco and Corsica;
- Europe: Belgium, Luxembourg, Germany, Spain and Italy.
For Colissimo without signature, Colissimo with signature and Mondial Relay modes, we provide shipping and delivery within (7) seven working days from the day following that of registration of your order. However, we do our best to ensure that your order is shipped and delivered within an average of (2) two to (5) five business days from the day following its registration.
For Chronopost shipments (France only), we provide shipping and delivery within 24 working hours from the day following the registration of your order, provided that your order has been validated before 11 a.m. (for an order passed before 11 a.m. on the day, you will receive it before 1 p.m. the next day, excluding weekends and public holidays).
The proposed delivery date is guaranteed:
- Except in cases of force majeure,
- Excluding carrier strikes,
- Provided that the delivery address is precise, exact and complete,
- Provided that the person receiving the order is present at the time of delivery.
It is specified that orders recorded on the Site on Friday, Saturday or Sunday can only be processed the following Monday.
Orders placed on the Site on a public holiday will also be processed the following business day.
Delivery costs will be displayed on the Site at the payment stage summarizing your order, after entering your contact details.
Delivery is free from 100€ purchase.
You can follow the status of your order by clicking on the link that you will receive by email, or by contacting Customer Service by email according to the procedures referred to in article 9.
ARTICLE 7. Right of withdrawal – Possibility of exchange
7.1 Return for reimbursement:
In application of article L221-18 of the Consumer Code, you have a period of fourteen (14) clear days (which we extend to 1 month for all orders placed between December 1 and 23) from from the date of receipt of your order to return the item(s) purchased, without having to provide any reason. To make a return, you must make a request on the Site to return the items under the right of withdrawal. The return is the responsibility of the customer.
To be reimbursed, you must return the items:
- In their original packaging, unworn.
- In a condition allowing their remarketing in new condition, accompanied by your name and the number of your order.
You will then be reimbursed for the full amount paid corresponding to the items returned and accepted by customer service, as soon as possible and at the latest within fourteen (14) days from receipt by us of the returned items.
If these conditions are not met, we will return the items to you at our expense without you being able to demand any compensation or reimbursement.
7.2 Return for exchange (valid only in the case of pair size exchange):
In application of article L221-18 of the Consumer Code, you have a period of fourteen (14) clear days (which we extend to 1 month for all orders placed between December 1 and 23) from from the date of receipt of your order to exchange the item(s) purchased, subject to the availability of the items with which you wish to make the exchange.
For the exchange to be accepted, you must return the items: in their original packaging, without having worn them, in a condition allowing them to be remarketed as new, accompanied by the delivery note that you received with your order.
To carry out an exchange, you must make a request on the Site to return the items under the right of exchange. The return is the responsibility of the customer.
Upon receipt of your return and subject to verification, you will be contacted by our customer service in order to return your pair in the new desired size at our expense.
Any product return must be the subject of a formal agreement between us and the customer and must be returned within 3 days of the agreement. After this period, no returns will be taken into account.
Any recovery accepted by us in the case of an apparent defect or non-conformity of the products delivered, which will be noted by us, will allow the customer to obtain free replacement or restitution of a credit for his benefit, at the exclusion of any other compensation or damages.
The transfer of ownership of the products to the benefit of the customer only takes effect after full payment of the price by the latter.
We insure the risks of loss and deterioration of the products until delivery of said products to the customer. The transfer of risks therefore occurs from the moment the customer (or a person designated by him) has received the products.
ARTICLE 8. Legal guarantees
You also benefit from legal guarantees, and in particular the guarantee of conformity under the conditions provided for in articles L217-3 to L217-7 of the Consumer Code and the guarantee for defects in the item sold under the conditions provided for in articles 1641 to 1648 of the Civil Code.
Article L217-3 of the Consumer Code
“The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5 .
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1 , which appear within two years from this date. »
Article L217-4 of the Consumer Code
“The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted. »
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduces this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known about them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
ARTICLE 9. Customer service
For any questions or information regarding the use of the Site, the provisions of the General Conditions, or the articles appearing on the Site, you can contact us:
- Via our contact form accessible in the “Contact us” tab;
- Directly by email to bonjour@lamaisonduchausseur.fr.
ARTICLE 10. Information technology and freedoms
The personal data concerning you is necessary for us to open your account, manage your order and its tracking, and where applicable, send you commercial offers electronically after express prior agreement on your part. We inform you that we also use cookies and web beacons as part of the provision of the services offered by the Site. Cookies are files sent to the browser and saved on the computer's hard drive which record information relating to the computer's navigation on the Site (pages viewed, date and time of consultation, etc.) that we we will be able to read on subsequent visits. These cookies facilitate navigation on the Site in that they make it possible to display the information entered by the holder of a customer account during their last connection. The use of cookies is very frequent on the Internet. However, it is possible to oppose their insertion by configuring your computer's browser preferences so as to no longer accept cookies. As each browser is different, we invite you to contact your browser publisher to find out how to modify cookie preferences. However, if you deactivate cookies, you may no longer be able to access certain parts of our website or use certain of our services, including the purchase of items online.
In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, and the provisions of European Regulation 2016/679 on the protection of personal data, you are informed that as data controller, we put implements processing of personal data with the main purposes of:
- The execution of these General Terms and Conditions;
- Purchasing management;
- Managing and tracking your order;
- The administrative relationship of the contractual relationship,
- Management of commercial and promotional operations and advertising;
- Customer protection.
The legal bases for this processing are necessary for the execution of a contract, compliance with legal and regulatory obligations, and the legitimate interests pursued by the data controller.
Concerned about the protection of your privacy, we treat all information concerning you with the strictest confidentiality. The personal data used are those requested during your purchases (last name, first name, full address, telephone number, e-mail) for quality processing and careful monitoring of your order. This data entered online is saved on a secure server and is immediately encrypted.
The data is intended for the authorized departments of our company as well as for the latter's possible service providers and subcontractors and more generally for all third parties with whom we may maintain commercial or contractual relations.
Your personal data is kept for varying periods depending on the purpose of their collection:
- Personal data processed for contract management purposes: the entire duration of the contractual relationship, increased by the duration of legal requirements. The common law limitation period in civil and commercial matters is five (5) years from the end of the contract;
- Personal data processed for customer prospecting purposes: three (3) years from the end of the contract;
- Personal data processed for accounting purposes: the current financial year, increased by ten (10) years from the closing;
- Personal data processed for the purposes of managing data protection rights: the entire duration of processing the request, i.e. one (1) month with the exception of two (2) additional months, increased by applicable limitation periods.
When regulations require it, these deadlines may be longer. In addition, it is specified that in the event of collection of personal data for several purposes, it will be kept until the longest retention or archiving period has expired.
In accordance with the applicable legislation on the protection of personal data, you have a right of access and rectification, erasure, opposition, a right to portability of information which concerns you, a right to limit processing). To assert these rights, you can contact us:
By email by connecting to the Account you have created (ii), or request it, providing proof of your identity, by writing to us.
You also have the right to define general and specific directives defining the way in which you intend these rights to be exercised after your death.
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (Cnil), the French supervisory authority responsible for compliance with obligations regarding personal data.
ARTICLE 11. Intellectual property
The Site, any software used on the Site, and the data constituting the Site and its content whatever their nature (text, photography, images, sounds, graphic elements, etc.) (hereinafter the “Properties”) are likely to be be protected under intellectual property. We grant you, on a non-exclusive basis, the right to use the Properties to the extent necessary for visiting the Site and using the services offered there, for strictly personal and private use. You therefore agree not to copy, modify, integrate the Properties on any medium whatsoever, to carry out reverse engineering or to use any other method to attempt to access the source codes and/or protocols. Properties. You also agree not to sell, assign, license, sublicense, transfer, give security, convey in any manner whatsoever the Properties. Please note that all distinctive signs, in particular brands and logos, are and remain our property or that of the holders of the intellectual property rights concerned. Recognizing these exclusive rights over these signs, you agree not to make any use of them other than that linked to consultation of the Site and to infringe upon our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than that linked to consultation of the Site is prohibited without the express, written and prior consent of the rights holders concerned.
ARTICLE 12. Liability
Given the technical IT and telecommunications constraints of using the Site, we cannot be held liable in the event of damage caused by a malfunction, which is not attributable to us, of one or more of the access steps. to the Site, the order process, payment, delivery tracking, due in particular to the disadvantages inherent in the use of the Internet network, such as service interruption, external intrusion, presence of computer viruses. Furthermore, our liability cannot be incurred in the event that the non-performance or poor performance of our obligations is attributable either to your own behavior, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
ARTICLE 13. Completeness and validity of the General Conditions
The General Conditions and the confirmation of your order form a contractual whole constituting the entirety of the agreements entered into between the parties. If one or some of the provisions of the General Conditions were to be declared void in whole or in part, the other provisions would nevertheless remain applicable in their entirety. If necessary, the canceled provision would be subject to renegotiation in good faith.
ARTICLE 14. Applicable law and dispute resolution
The General Conditions are subject to French law.
Complaints or disputes will always be received with attentive kindness, good faith always being presumed in the person who takes the trouble to present the dispute. Upon receipt of the products, the customer must ensure that the delivery complies with their order. Any damage must be the subject of precise reservations, dated and signed, on the delivery slip. Any complaint must be made within 15 working days after receipt of the order, to our customer service by email via the form located in the “Contact us” section. This complaint must be motivated and accompanied by proof of the damage suffered (transport letter, photo of the package received, etc.).
In the event of a dispute, the Customer will first contact La Maison du Chausseur Customer Service in order to resolve it amicably. If this approach fails, the customer can use the online mediation service of CMAP (Paris Mediation and Arbitration Center) accessible at the URL address: http://www.cmap.fr/ or to the postal address: CMAP (Consumer Mediation Service) - 39 avenue Franklin D. Roosevelt – 75008 Paris.
For the referral to CMAP to be admissible, it must include: Your postal, email and telephone contact details as well as the full name and address of our company, a brief statement of the facts, and proof of the preliminary steps taken.
In accordance with the rules applicable to mediation, you are reminded that a consumer dispute must be referred in writing to La Maison du Chausseur Customer Service before any request for mediation from CMAP.
Disputes for which the request is manifestly unfounded or abusive, or have previously been examined or are currently being examined by another mediator or by a court, cannot be subject to review by the mediator, or if the customer has submitted his request to the mediator within a period of more than one year from his written complaint to us or if the dispute does not fall within the field of competence of the mediator, or finally if the customer does not justify having attempted, beforehand, to resolve your dispute directly with us by a written complaint according to the terms provided, where applicable, in the contract.
For the settlement of disputes that may arise relating to the application of the General Conditions, only the French Courts will have jurisdiction.