GENERAL CONDITIONS OF SALE

The 9(b) Website and its associated services are made available to you in accordance with the following Terms of Use and Service and any other rules published on our Site (collectively, the “Terms and Conditions”). Before placing any order on www.boutiquele9.com, please read the Terms and Conditions carefully. We recommend that you keep a copy of the Terms and Conditions for future reference.

The fact that a natural or legal person orders on the Site implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ARTICLE 1 – PRESENTATION OF THE GENERAL CONDITIONS

1.1 These General Terms and Conditions of Sale (hereinafter the “GTC”) and any other document to which the GTC refer establish the legal terms that apply to the use of the website www.boutiquele9.com (“the Site”) by non-professional buyers (“the Customer(s)”), wishing to acquire the products offered for sale by Le 9(b) (“the Products”).

1.2 All Customers are required to read these T&Cs carefully and ensure that they understand them properly before carrying out any transaction on the Site.

1.3 9(b) reserves the right to modify its T&Cs at any time. The T&Cs are binding on users of the Site from the time they are posted online.

ARTICLE 2 - SCOPE OF APPLICATION

2.1 These General Terms and Conditions apply, without restriction or reservation, to all sales concluded via the Site by Customers with Le 9(b), SAS 1976 with capital of €10,000.00 having its registered office located at 9 RUE FONTFROIDE 66000 PERPIGNAN, registered under number Perpignan B 802 462 770 (indifferently “The 9(b)” or “the Seller”).

These T&Cs specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

2.2 The main characteristics of the Products, including the specifications, illustrations and dimensions of the Products, are presented on the Site. The Customer is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics. Product offers are subject to availability.

2.3 The Seller's contact details are as follows:

9(b), SASU with capital of €10,000.00 having its registered office located at 9 RUE FONTFROIDE 66000 PERPIGNAN, registered under number Perpignan B 802 462 770,

2.4 The T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These T&Cs are accessible at any time on the Site, may be reproduced and kept by the Client and will prevail, where applicable, over any other version or any other contradictory document.

2.5 The Customer declares to have read the General Terms and Conditions and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Site.

These T&Cs may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

2.6 Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of 6 January 1978, the Client has the right, at any time, to access, rectify and oppose all of his personal data by writing, by post and providing proof of identity, to Le 9(b):
- By email: fabrice.aninat@boutiquele9.com
- By mail: 9(b), 9 RUE FONTFROIDE 66000 PERPIGNAN

2.7 The Products presented on the Site are offered for sale in mainland France (excluding Corsica and the French Overseas Territories) and for all of the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Isle of Man, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Sweden.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union, the price is automatically displayed excluding tax on the invoice.

If customs duties or other local taxes or import duties or state taxes are likely to be payable, they will be the responsibility of the Customer.

ARTICLE 3 – ORDERS

3.1 Orders are placed exclusively on the Site. Connection and Internet access costs are the responsibility of the Customer.

3.2 Order process

The Customer will place an order in accordance with the instructions provided on the Website. The Customer undertakes to complete the registration and order form, ensuring that the necessary information is complete and accurate. In any event, the Customer is responsible for the information entered on the registration form and when placing the order. In the event of an error, Le 9(b) cannot be held liable for any failures or delays in the delivery of the Products.

3.2.1 Selection of articles

The Customer adds the Product to the basket by clicking on “Buy” and can either continue shopping or proceed to payment for the Product by clicking on “Validate basket”.

The Client may at any time:

- Consult, download and print these General Conditions by clicking on the link “General Conditions of Sale”;
- Check the Products in your basket: their quantity, their amount and detailed information on each of them by clicking on the “Show Basket” icon or directly on the photograph of said product;
- Cancel the order for one or more Products on the “Basket” page by checking the “Delete” box;
- Insert a valid promotional code in the shopping cart summary;
- Continue your selection of Products using the drop-down menu.

3.2.2. Identification

The Customer is redirected to a home page allowing them to either:

- Create a customer account using the form provided for this purpose.
- To this end, the Customer fills in the fields provided by indicating their contact details with the following mandatory information: title, surname, first name, full delivery address, e-mail and telephone number.
- Pay as a guest without creating an account but by indicating the information necessary for your order which will be kept in order to allow the order to be processed;
- Log in to an account already created by the Customer. To do this, the Customer fills in the fields provided by indicating their username and personal password.

To continue the process, the Client clicks on “Continue” / “register” / “log in”.

3.2.3 Validation of the order

The Customer will access the “Delivery” section in which he will provide the information necessary for delivery (surname, first name, delivery address, telephone number, email, etc.) and will have the option of selecting this address as the billing address or entering a different billing address.

The order summary will be displayed after clicking on "Continue". The Customer will have the opportunity, before confirming his order, to check the details and the total price and to correct any errors in it, before confirming for acceptance.

The Customer confirms his order by clicking on “Payment”.

3.2.4 Payment by Bank Card

After confirming the contents of his order, the Customer will definitively validate the payment.

The Customer will be directed to the “payment information” section where the Customer can proceed to payment by credit card and must, if necessary, enter the necessary information for this purpose.

The Customer selects the type of card used (Visa, Mastercard) and is directed to a PayPlug payment platform. The Customer enters the appropriate data in the fields provided on the bank's payment site, which allows online payment by Visa, Mastercard credit card using a secure system. The Customer must verify that the data entered is correct (expiration date, card number, etc.); payment will not be accepted in the event of incorrect data. From the date of the order, a request to debit the Customer's bank account is sent to their bank. The order will be considered final after confirmation of the agreement of the bank payment centers.

Once the bank details are validated, the secure payment manager sends an authorization request to the bank card network. The amount will be blocked in the Customer's account.

The electronic payment manager issues an electronic certificate as proof of the amount and date of the transaction. In this regard, the dates and times of the server will be binding between the parties.

The Customer guarantees that he/she is fully authorized to use the payment card provided for the payment of his/her order and that this card provides access to sufficient funds to cover the total price of the order.

In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entirety of said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature reproduced in Articles 1365 et seq. of the Civil Code.

This validation constitutes signature and express acceptance of all operations carried out on the Website.

Upon receipt of the certificate, Le 9(b) will proceed with delivery. The price will be debited on the day the order is shipped by Le 9(b).

Payment must be in full, without any possible deduction except that applied by Le 9(b) on the total using a promotional code. Le 9(b) reserves the right to terminate the contract in the absence of payment of the price of the Products.

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

3.3. Taking into account the Order

9(b) will acknowledge receipt of the order by email to the address indicated on the Customer's account.

3.4 Confirmation of the order

Subsequently, Le 9(b) will send an order confirmation email summarizing the Products ordered and available.

3.5 Order Tracking

An email will inform the Customer that the package has been sent.

All Products will be delivered to the delivery address indicated by the Customer when placing the order, by a carrier chosen by Le 9(b) with delivery confirmation or tracking code where possible.

In case of absence, the package will be delivered to the nearest relay point, to a replacement address or rescheduled according to the option validated directly with the carrier.

3.6 The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.7 The Seller does not intend to sell the Products on the Site to professionals, but only to Customers, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities.

ARTICLE 4 - PRODUCTS

4.1 The description of the Products will be available on the Site at the time of the order.

4.2 Product offers are subject to availability. Information on the availability of Products is provided prior to the order.

4.3 Errors or changes in the availability of Products may exceptionally occur. In this case, the Customer is informed of the unavailability in the order confirmation email:

- In the event of unavailability of all the Products ordered, the order will be cancelled and the Customer will not be debited.
- In the event of partial unavailability, the order will be partially debited and sent (for available Products only).

ARTICLE 5 - DELIVERY

The Products will be delivered to the address indicated at the time of ordering. No deliveries will be made to hotels or PO boxes.

9(b) ships the Products to the countries referred to in Article 2.7 above.

Some Products are subject to specific shipping regulations and cannot be delivered to certain countries. It is the Customer's responsibility to check the specific delivery restrictions on the Product description page for each of the desired Products.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

5.1 Delivery Terms

Delivery costs depend on (i) the destination country, (ii) the weight and volume of the order and (iii) the insurance option.

The amount and delivery times are indicated when the order is confirmed.

9(b) undertakes to make every effort to deliver the Products promptly after confirmation of the order and, unless otherwise stated, no later than 30 (thirty) days from confirmation of the order.

In any event, Le 9(b) declines all liability for any loss or damage suffered by the Customer due to a delay or force majeure during delivery, subject to Article L.216-2 of the Consumer Code.

In addition, Le 9(b) will inform the Customer of any delay as soon as possible. The latter will then have the option to cancel the order subject to legal provisions.

5.2 Delivery Difficulties

The Customer is required to provide a correct and complete delivery address when ordering. It is the Customer's responsibility to check the delivery address on each email or letter provided and to inform Le 9(b) of any errors or omissions immediately via fabrice.aninat@boutiquele9.com. Le 9(b) reserves the right to charge any additional delivery costs applicable due to an error in the delivery address made by the Customer.

If delivery cannot be made to the address indicated for reasons beyond Le 9(b), the carrier will inform the Customer as soon as possible by email and will indicate a later delivery date or time.

The Customer is required to check the condition of the delivered products. He has a period of three days excluding public holidays from delivery to formulate in writing by registered letter with request for acknowledgment of receipt any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package already opened ...), with all the relevant supporting documents (photos in particular). After this period and if these formalities have not been complied with, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

5.3 Receipt of Products

Each delivery is deemed to have been made upon the carrier making the products available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being the proof.

Upon receipt of the Products, the Customer may confirm on the delivery slip that the Products have been delivered in good condition. If this is not the case, the Customer must refuse delivery. If the Customer is unable to check the condition of the Products at the time of delivery, the Customer must indicate “NOT VERIFIED” on the delivery slip.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Scope of the right of withdrawal

In accordance with current legal provisions, the following goods do not benefit from the right of withdrawal:

- underwear, swimwear and cosmetic products unsealed by the Customer after delivery, for reasons of hygiene and health protection,
- all goods made or personalized according to the Customer's specifications.

6.2 Content and Methods of exercising the right of withdrawal

According to articles L.121-18 et seq. of the French Consumer Code, the Customer has the right to withdraw at any time, without giving any reason, up to 14 days after receipt of the Products, provided that the Products are returned in their original packaging, in perfect condition and bearing the security tag within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.

In the event of staggered delivery of Products from the same order, the withdrawal period will begin to run from the receipt by the Customer of the last Product.

To exercise the right of withdrawal, the Customer must inform Le 9(b) in writing of his wish to withdraw using the withdrawal form available in the appendix or any written statement unambiguously expressing the Customer's wish to withdraw (hereinafter "Notice of Withdrawal"), giving details of the goods ordered and, where applicable, their delivery:

- By mail to the following address: SASU 1976 9 RUE FONTFROIDE 66000 PERPIGNAN
- By email to the following address: fabrice.aninat@boutiquele9.com,
- Using the customer account.

The withdrawal period will be considered to have been respected if the Notice of Withdrawal is sent on time.

9(b) will send an email to the Customer containing the procedure to follow to return the Product(s).

The Customer must return the Product(s) within fourteen (14) days to the address provided by email, accompanied by the Notice of Withdrawal. The Products must be sent new, unused, with the price tag attached to the Product, as well as the security tag, properly protected, in their original packaging, in good condition, suitable for resale, accompanied by all possible accessories, instructions for use and documentation as well as the corresponding order form or invoice. These conditions are cumulative: if one of them is not met, the return will be refused. Thus, if the Customer can try on a garment, he cannot wear it.

Except for defective Products or in the event of an error in the description of the Product(s), the Customer returns the Product(s) at his/her own expense. The Products must be returned to the address indicated in the return acknowledgement email.

9(b) reserves the right to refuse or claim compensation for wear and tear of the Product when the latter has suffered depreciation resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.

6.3 Reimbursement

Once the Notice of Withdrawal has been received, Le 9(b) will reimburse the Customer for any amount debited, including standard delivery costs, using the payment method used by the Customer when ordering within 14 (fourteen) days of receipt of the Products by Le 9(b) if the above conditions are met.

Le 9(b) is not required to reimburse delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by Le 9(b).

6.4 The number of returns made is counted and we reserve the right to refuse an order in the event of repeated returns of goods.

ARTICLE 7 - GUARANTEES

7.1 Legal guarantees

7.1.1 Content of the guarantees

All Products are guaranteed to be free from defects. If Products are found to have defects during the legal warranty period, Le 9(b) undertakes to reimburse the Customer for sums paid for Products that are apparently defective, damaged or damaged or do not correspond to the order in accordance with Articles L.217-4 to L.217-13 of the Consumer Code relating to lack of conformity, Articles 1641 to 1648 and 2232 of the Civil Code relating to hidden defects and 1245 et seq. of the Civil Code relating to liability for defective products.

- In the event of an action under the guarantee of conformity: the Customer has a period of two years from delivery of the goods to take action. He may choose between repair or replacement of the goods, provided that this choice does not entail a cost that is manifestly disproportionate compared to the other option in application of Article L. 217-9 of the Consumer Code.

The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 (twenty-four) months following delivery of the goods except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

- In the event of implementation of the guarantee against hidden defects: the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The action for warranty against hidden defects must be brought by the purchaser within two years of the discovery of the defect (article 1648 paragraph 1 of the civil code).

7.1.2 Method of implementing guarantees

In the event of a defect being found as defined in the previous point, 9(b), at the Customer's choice:

- Will replace the Product(s), if 9(b) has the same goods at the same price or .

The above warranties do not apply to defects arising from normal wear and tear, wilful damage, accident, negligence by the Customer or a third party, use other than as prescribed, failure to follow the instructions of the manufacturer, supplier, Le 9(b) or any changes or repairs carried out without the prior written consent of Le 9(b).

ARTICLE 8 - LIMITATION OF LIABILITY

8.1 When Le 9(b) is liable as a result of a fault on its part, compensation only applies to direct, personal and certain damages suffered by the Customer, to the express exclusion of compensation for all indirect and immaterial damages and/or losses, such as financial losses, damage to image, etc. The amount of damages that Le 9(b) may be required to pay to the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products concerned.

8.2 In any event, Le 9(b) declines all liability in particular due to:
- Normal wear and tear of the Products;
- Use not in accordance with the use for which the Product is intended;
- Any deterioration or accident resulting from negligence, lack of supervision or maintenance not in accordance with the instructions mentioned on the Product or on any other document,
- Any damage resulting from modifications, incorporations or mixtures of the Product;
- Any damage resulting from a failure to comply with the recommendations for use of the Products mentioned in the description of the Product, and/or with the specific regulations relating to the Products sold;
- Any malicious act by the Client or third parties.

8.3 9(b) shall not be held liable for any damage, temporary or permanent, caused to the Client's computer system or for any losses or damages that may be suffered, in particular following access to or navigation on the Site.

8.4 The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, Le 9(b) cannot be held responsible for the availability and interruption of the online service.

ARTICLE 9 - FORCE

9.1 In the event of the occurrence of a case of force majeure preventing the execution of Le 9(b)'s obligations, the order will be immediately suspended and the Customer immediately informed by any means. Similarly, Le 9(b) will inform the Customer of the cessation of this event and the execution of the order will then resume immediately.

9.2 If such an event were to continue beyond 30 (thirty) days after the date of notification, the contract will be considered terminated automatically. The sums received by Le 9(b) before this date will then be reimbursed to the Client.

ARTICLE 10 - SECURITY

10.1 9(b) takes reasonable steps to ensure the security of the Site. All debit/credit card transactions made on this Site take place using Payplug, a secure online payment gateway that encrypts your card details in a highly secure environment. If the Customer is registered as a boutiquele9.com user, the latter can securely store the debit/credit card details in its system. This information is fully encrypted and only used to complete the card transactions requested by the Customer.

10.2 To ensure purchases are made easily and securely, Le 9(b) uses Secure Socket Layer (SSL) technology.

10.3 9(b) also takes all reasonable steps within its power to keep order and payment information secure.

However, in the absence of negligence on the part of Le 9(b), the latter cannot be held liable for any loss suffered if an unauthorized third party gains access to the data provided when accessing or ordering on the Site.

ARTICLE 11 – DATA PROTECTION AND FREEDOM / COOKIES

11.1 In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the terms defined in the General Conditions of Use of the Site.

11.3 When visiting the Website, Le 9(b) may, unless the Client objects, install a cookie on his computer.
The cookie does not allow the Customer to be identified; it records information relating to navigation from the computer on the Website (pages consulted, date and time of consultation, etc.) which may be read during subsequent visits by the Customer. This information is stored for one year.

The purpose of these cookies and the terms of opposition and deletion are defined in the General Conditions of Use of the Site.

ARTICLE 12 - INTELLECTUAL PROPERTY

12.1 The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

12.2 In addition, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced for the purpose of supplying the Products to the Customer. The Customer therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may make it conditional on financial compensation.

ARTICLE 13 – APPLICABLE LAW – LANGUAGE

13.1 These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.

13.2 These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 14 – DISPUTES

14.1 Please address any complaints to the following email address: contact@lesthetestore.com, taking care to include all necessary details, including the date and order number where applicable, as well as your full name and contact details (address, telephone number, etc.).

14.2 All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.

14.3 The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (article L 612-1 of the Consumer Code) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Appendix 1 – Provisions relating to legal guarantees

Article L. 217-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code

To comply with the contract, the property must:

- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

Appendix 2 – Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website www.boutiquele9.com, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.

To the attention of SASU 1976 9 RUE FONTFROIDE 66000 PERPIGNAN

I hereby notify the withdrawal of the contract relating to the order of the Products below:

- Order from: ...........................................................
- Order number: ...........................................................
- Client Name: ................................................................................
- Customer Address: .......................................................................

Date :

Client's signature (only if this form is notified on paper):