Etablissements Lemesre
Rue de l'Ecuyer 27 1000, Bruxelles (BE)
Numéro de TVA : BE0453109269
These general terms and conditions of sale (hereinafter referred to as the "GTC") define the reciprocal rights and obligations in the event of a purchase of products or services on the Platform by a User (hereinafter referred to as the "Client").
The GTC express the entirety of the parties' obligations. The Client is deemed to accept them without reservation, failing which their order will not be validated.
Exceptionally, the provisions of the GTC may be derogated from to the extent that such derogations have been the subject of prior written agreement. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTC.
MAISON LEMESRE reserves the right to modify the GTC from time to time. The modifications will be applicable as of their posting online for any purchase made after that date.
Through the Platform, the Seller provides the Client with an online store presenting the products or services sold, without the photographs having contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller shall not be held liable for such errors.
The products and services are offered subject to availability.
Prices and taxes are specified in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices and taxes in effect at the time of the order, subject to availability on that date, shall apply.
Prices are indicated in euros and do not include any delivery charges, which are specified and billed in addition before the Client validates the order.
The total amount of the order (including all taxes) and, if applicable, delivery charges, are indicated before final validation of the order form.
The customer has the option to fill out an online order form using an electronic form. By filling out the electronic form, the customer accepts the price and description of the products or services.
To validate the order, the customer must accept these terms and conditions by clicking in the indicated place.
The customer must provide an email address, billing information, and, if applicable, a valid shipping address.
All communication with the seller may take place via this email address.
In addition, the customer must choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in case of payment default, incorrect address, or any other problem with the customer's account, until the problem is resolved.
The seller remains the owner of the ordered items until full payment of the order is received.
The customer makes payment at the time of final validation of the order using the chosen payment method. This validation serves as a signature.
The customer guarantees the seller that he/she has the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose is evidence of his/her consent to the sale and the amount due for the order.
The seller has implemented a procedure for verifying orders and payment methods to reasonably protect against any fraudulent use of a payment method, including by requesting identification data from the customer.
In the event of a refusal of payment authorization by the accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
All transactions made with credit or debit cards are debited at the time of purchase.
Upon receipt of the purchase validation accompanied by payment, the seller will send the customer an invoice, unless it is delivered with the order.
The customer may request that the invoice be sent to an address other than the delivery address by making a request to customer service (see below) before delivery.
In the event of unavailability of a service or product, the seller will inform the customer by email as soon as possible in order to replace it or cancel the order for that product and possibly refund the related price, with the remainder of the order remaining firm and final.
Communications, orders, and payments made between the Client and the Seller can be proven using computerized records kept in the Seller's computer systems under reasonable security conditions.
Purchase orders and invoices are archived on a reliable and durable medium considered as a means of proof.
Delivery is only made after confirmation of payment by the Seller's banking institution.
Products are delivered to the address indicated by the Client on the online form serving as a purchase order. Additional fees resulting from incomplete or erroneous information provided by the Client will be charged to the Client. For availability reasons, an order may be subject to several successive deliveries to the Client.
Delivery is made, depending on the mode chosen by the Client, within the following time limits: Delivery is made within a maximum of 30 working days.
If the delivery time exceeds 30 working days from the order, the sales contract may still be terminated and the Client refunded.
Upon receipt of the products, the Client or the recipient verifies the good condition of the delivered product or the conformity of the service provided.
MAISON LEMESRE guarantees that each piece sent has been carefully checked and sent in perfect condition. Therefore, MAISON LEMESRE
reserves the right to approve or not approve its responsibility if the product is damaged or missing. If this is not the case, then no refund will be granted to the Client.
In the event that one or more of the ordered products are missing or damaged, the Client or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
Proof may be requested by the Seller. Verification is considered to have been carried out as soon as the Client or a person authorized by him has received the order without making any reservations.
Any reservation not made within three working days from the date of receipt cannot be taken into account and releases the Seller from any liability towards the Client.
In case of delivery error or non-compliance of the products with the indications on the order form, the Customer shall inform the Seller within three working days following the delivery date.
Any claim not made within the specified time limit cannot be taken into account and releases the Seller from any liability towards the Customer.
The product to be exchanged or refunded must be returned to the Seller in its entirety, in its original packaging and in PERFECT condition according to the following terms:
Product returned by mail within 15 days from the date of delivery of the order to the following address: Rue de l'Ecuyer 27, BE-1000 Brussels.
Any claim and any return not made in accordance with the above rules and within the specified time limits cannot be taken into account and releases the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. The return costs are borne by the Seller.
The Seller is responsible for the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
If the Customer is a consumer, he/she has a period of two years from the delivery of the product to implement the legal warranty of conformity. However, if the purchased product was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any case, no later than two months after its discovery.
If the Customer is a consumer, he/she may exercise his/her legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After having communicated his/her decision to withdraw, the Customer then has 14 days to return or restore the goods. Any withdrawal not made in accordance with the rules and time limits set out in this article cannot be taken into account and releases the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, with the return costs being borne by the Seller.
The return or exchange of the product can only be accepted for products in their entirety, intact and in their original condition, in particular with complete, intact and saleable packaging.
The Seller must reimburse the Customer for the total amount paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of shipment of these goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, the Customer hereby accepts to waive his/her right of withdrawal for this digital content in order to be delivered as soon as possible.
To:
MAISON LEMESRE
RUE DE L'ECUYER 14
1000 BRUXELLES
BELGIQUE
Company number (BCE/VAT): BE0453109269
E-mail: info@maisonlemesre.com
Phone: +32 2 218 09 19
I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
* Delete as appropriate
The Seller will keep proof of the transaction including the order form and invoice in its computer systems and under reasonable security conditions.
The Seller guarantees the protection of the personal data of its Client in accordance with the Privacy Policy available on the Platform.
If the Seller is prevented, in whole or in part, from performing the order due to an unforeseeable and independent circumstance, it is then a case of force majeure.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Client.
If force majeure lasts for more than 90 uninterrupted days, each party to the contract will have the right to unilaterally terminate the contract by registered letter sent to the other party.
The services already performed by the Seller will nevertheless be invoiced proportionally to the Client.
The illegality or total or partial invalidity of a provision of these GTCs will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or null provision with another valid provision of similar scope.
These GTCs are governed by Belgian law. In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district where the Seller has its registered office.