GTC

TERMS OF SALES

The LESTHETE 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 referred to as "General Terms"). Before placing any order on www.lesthete.com, please read the General Conditions carefully. We recommend that you retain a copy of the Terms and Conditions for future reference.

The fact for a natural or legal person, to order on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, 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") as well as any other document to which the GTC refer establish the legal terms that apply to the use of the website www.lesthete.com ("the Site ”) by non-professional buyers (“the Customer(s)”), wishing to acquire the products offered for sale by LESTHETE (“the Products”).

1.2 Any Customer has the obligation to read these T&Cs carefully and to ensure that they are properly understood before any operation on the Site.

1.3 LESTHETE 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 put online.

ARTICLE 2 - SCOPE

2.1 These GCS apply, without restriction or reservation, to all sales concluded via the Site by Customers with L'ESTHETE STORE, SARL with capital of with capital of €7622.45 having its registered office at 28 rue basse 59800 LILLE, registered under number 380840082 RCS Lille Métropole (either "LESTHETE" or "the Seller").

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

2.2 The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions of the Products, are presented on the Site. The Customer is required to read it before placing an 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 particularities. Product offers are within the limits of available stocks.

2.3 The Seller's contact details are as follows:

LESTHETE, sarl with a capital of €7622.45, whose head office is located at 28 rue basse 59800 LILLE, registered with the RCS Lille metropole under number 380840082,

2.4 The GCS 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 Customer and shall prevail, where applicable, over any other version or any other contradictory document.

2.5 The Customer declares to have read the GCS and to have accepted them by ticking the box provided for this purpose before the implementation of 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 that in force on the Site on the date the order is placed.

The validation of the order by the Customer implies acceptance without restriction or reservation of these GCS.

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 January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity, in LESTHETE:
- By email: contact@lesthetestore.com
- By mail: Lesthete, 28 rue basse 59800 LILLE

2.7 The Products presented on the Site are offered for sale in metropolitan France (excluding Corsica summer DOM TOM) 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 metropolitan France, the Customer is the importer of the Product(s) concerned.

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

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

ARTICLE 3 – ORDERS

3.1 Orders are made 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 given to him on the Website. He undertakes to complete his registration and order form, making sure to provide the necessary complete and accurate information. In any case, the Customer is responsible for the information entered on his registration form and when taking the order. In the event of an error, LESTHETE cannot be held responsible for any shortcomings or delays caused in the delivery of the Products.

3.2.1 Item selection

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

The Customer may at any time:

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

3.2.2. Identification

The Customer is redirected to a homepage allowing him either to:

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

To continue the process, the Customer clicks on "Continue" / "register" / "connect".

3.2.3 Validation of the order

The Customer will access the "Delivery" section in which he will communicate the information necessary for delivery (surname, first name, delivery address, telephone number, email, etc.) and will be able to select this address as the billing address. or enter a different billing address.

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

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

3.2.4 Payment by Credit Card

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

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

The Customer selects the type of card used (Visa, Mastercard) and is directed to a PayPlug payment platform. The Customer inserts the appropriate data in the fields provided on the bank's payment site, which allows online payment by Visa or Mastercard credit card using a security system. The Customer must check 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 his bank. The order will be considered final after confirmation of the agreement of the bank payment centers.

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

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

The Customer guarantees that he is fully authorized to use the payment card provided for the payment of his order and that this card gives 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 be worth proof of the entirety of the said order, in accordance with the provisions of law n° 2000-230 of March 13, 2000 adapting the right of evidence to information technologies and relating to the electronic signature reproduced in articles 1365 and following of the civil code.

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

Upon receipt of the certificate, LESTHETE STORE will proceed with the delivery. The price will be debited on the day the order is dispatched by LESTHETE STORE.

Payment must be complete, with no possible deduction subject to that applied by LESTHETE STORE on the total using a promotional code. LESTHETE STORE 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 benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of delivery of the said Products.

3.3. Consideration of the Order

LESTHETE STORE will acknowledge receipt of the order by email to the address indicated on the Customer's account.

3.4 Order Confirmation

Subsequently, LESTHETE STORE will send an order confirmation email summarizing the Products ordered and available.

3.5 Order Tracking

An email will inform the Customer of the shipment of the package.

All Products will be delivered to the delivery address indicated by the Customer when placing the order, by a carrier chosen by LESTHETE STORE with delivery confirmation or tracking code when possible.

In the event of absence, the package will be delivered to the nearest relay point, to a substitute or rescheduled address 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 is not intended 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 - THE 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 valid subject to availability. The indications on the availability of the Products are provided prior to the order.

4.3 Errors or changes in the availability of the Products may exceptionally exist. 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 de facto canceled 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 the order. No deliveries will be made to hotels or PO boxes.

LESTHETE STORE 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 up to the Customer 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 given by the Customer when ordering and which the carrier can easily access.

5.1 Terms of Delivery

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

The amount and delivery times are indicated when confirming the order.

LESTHETE STORE undertakes to make every effort to deliver the Products quickly after confirmation of the order and, unless otherwise indicated, at the latest within 30 (thirty) days from the confirmation of the order.

In any case, LESTHETE STORE declines all responsibility for any loss or damage suffered by the Customer as a result of a delay or a case of force majeure during delivery subject to article L.216-2 of the Consumer Code.

In addition, LESTHETE STORE will inform the Customer of any delay as soon as possible. The latter will then have the possibility of canceling the order subject to the legal provisions.

5.2 Delivery Difficulties

The Customer is required to indicate a correct and complete delivery address when ordering. It is their responsibility to check the delivery address on each of the e-mails or letters provided and immediately inform LESTHETE STORE of any errors or omissions via contact@lesthetestore.com. LESTHETE STORE reserves the right to charge any additional delivery costs applicable due to an error relating to the delivery address by the Customer.

If delivery cannot be made to the address indicated for reasons unrelated to LESTHETE STORE, the carrier will inform the Customer as soon as possible by email and will indicate a later delivery date or deadline.

The Customer is required to check the condition of the products delivered. He has a period of three days excluding public holidays from delivery to formulate in writing by registered letter with acknowledgment of receipt any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already open ...), with all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its 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 and following 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 as soon as the carrier makes the products available to the Customer or to a third party designated by him, materialized 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 authentic.

Upon receipt of the Products, the Customer may confirm on the delivery note that the Products have been delivered in good condition. If this is not the case, the Customer must refuse the delivery. If the Customer is not able to check the condition of the Products at the time of delivery, he will indicate on the delivery note the mention "NON VERIFIED".

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Scope of the right of withdrawal

Pursuant to the legal provisions in force, the following goods do not benefit from the right of withdrawal:

- underwear, swimsuits 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 Modalities for exercising the right of withdrawal

According to Articles L.121-18 and following of the Consumer Code, the Customer has the right of withdrawal at any time, without justifying any reason, up to 14 days after receipt of the Products provided that the Products are returned within their original packaging, in perfect condition and bearing the security tag within fourteen (14) days of 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 LESTHETE STORE in writing of their desire to withdraw using the withdrawal form available in the appendix or any written statement expressing unambiguously the Customer's desire to withdraw (here- after “Notice of Withdrawal”), giving details of the goods ordered and, where applicable, their delivery:

- By mail to the following address: Lesthete 28 rue basse, 59800 LILLE
- By email to the following address: contact@lesthetestore.com,
- Using the customer account.

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

LESTHETE STORE will send an email to the Customer containing the procedure for returning the Product(s).

The Customer must return the Product(s) within fourteen (14) days to the address communicated 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 any 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. So if the Customer can try on a garment, he cannot wear it.

With the exception of defective Products or in the event of an error in the description of the Product(s), the Customer returns the Product(s) at his own expense. The Products must be returned to the address indicated in the return receipt email.

LESTHETE STORE reserves the right to refuse or to claim compensation for the wear and tear of the Product when the latter has undergone depreciation resulting from manipulations other than those necessary to establish its nature, characteristics and proper functioning.

6.3 Refund

Once the Notice of Withdrawal has been received, LESTHETE STORE will reimburse the Customer for any sum debited, including the standard delivery costs according to the payment method used by the Customer when placing the order within 14 (fourteen) days of receipt of the Products. by LESTHETE STORE if the above conditions are met.

LESTHETE STORE 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 LESTHETE STORE.

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 guarantees

All Products are guaranteed to be free from defects. If Products turn out to have defects during the legal warranty period, LESTHETE STORE undertakes to reimburse the Customer for the sums paid for Products that are apparently defective, spoiled or damaged or that 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 and following of the Civil Code relating to liability for defective products.

- In the event of an action in guarantee of conformity: the Customer has a period of two years from the delivery of the goods to act. He can choose between the repair or the replacement of the good, provided that this choice does not entail a manifestly disproportionate cost with regard to the other modality pursuant to article L. 217-9 of the consumer code.

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

The legal guarantee of conformity applies independently of any commercial guarantee 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 can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

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

7.1.2 Terms of implementation of guarantees

In the event of finding a defect as defined in the previous point, LESTHETE STORE, according to the Customer's choice:

- Will replace the Product(s), if LESTHETE STORE has these same goods at the same price or.

The above warranties do not apply to defects resulting from normal wear and tear, intentional damage, accident, negligence by the Customer or by a third party, use other than that prescribed, a breach of the instructions of the manufacturer, supplier, LESTHETE STORE or any change or repair carried out without the prior written consent of LESTHETE STORE.

ARTICLE 8 - LIMITATION OF LIABILITY

8.1 When the responsibility of LESTHETE STORE is engaged following a fault on its part, the repair only applies to direct, personal and certain damages that the Customer has suffered, to the express exclusion of the repair of any damage and /or indirect and immaterial damage, such as financial damage, damage to image, etc. The amount of damages that LESTHETE STORE may be required to pay to the Customer under the aforementioned conditions is in any case limited to the total amount of the order of the Products concerned.

8.2 In any case, LESTHETE STORE declines all responsibility for the fact in particular of:
- 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 indications 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 breach of the recommendations for use of the Products mentioned in the Product description, and/or the specific regulations relating to the Products sold;
- Any malicious act of the Customer or third parties.

8.3 LESTHETE STORE cannot be held liable for damage, temporary or permanent, caused to the Customer's computer system or for any loss or damage that may be suffered in particular following access to or browsing on the Site.

8.4 The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. Consequently, LESTHETE STORE cannot be held responsible for the availability and interruption of the online service.

ARTICLE 9 - STRENGTH

9.1 In the event of the occurrence of a case of force majeure preventing the performance of LESTHETE STORE's obligations, the order will be immediately suspended and the Customer immediately informed by any means. Similarly, LESTHETE STORE 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 automatically terminated. The sums collected by LESTHETE STORE before this date will then be reimbursed to the Customer.

ARTICLE 10 - SECURITY

10.1 LESTHETE STORE takes reasonable measures 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 which encrypts your card data in a highly secure environment. If the Customer is registered as a Lesthete.com user, the latter can securely store the debit/credit card information in his system. This information is fully encrypted and only used to carry out the card transactions requested by the Customer.

10.2 To ensure that purchases are made easily and securely, LESTHETE STORE uses Secure Socket Layer (SSL) technology.

10.3 LESTHETE STORE also takes all necessary reasonable measures in its power to securely store order and payment information.

However, in the absence of negligence on the part of LESTHETE STORE, the latter cannot be held responsible for any loss suffered if an unauthorized third party manages to access the data provided when accessing or ordering on the Site. .

ARTICLE 11 – COMPUTER AND FREEDOM / COOKIES

11.1 Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.

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

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

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

11.3 When visiting the Website, LESTHETE STORE may, unless the Customer objects, place a cookie on their computer.
The cookie does not make it possible to identify the Customer, it records information relating to navigation from the computer on the Website (the pages consulted, the date and time of consultation etc.) which can be read during subsequent visits. client. The shelf life of this information is one year.

The purpose of these cookies and the methods 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 is likely to constitute an offense of counterfeiting.

12.2 In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced with a view to supplying the Products to the Customer. The Customer is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it on financial compensation.

ARTICLE 13 – APPLICABLE LAW – LANGUAGE

13.1 These T&Cs and the resulting operations are governed by and subject to French law.

13.2 These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 14 – DISPUTES

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

14.2 All disputes to which the purchase and sale transactions concluded in application of these GCS could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be 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 can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (article L 612-1 of the Consumer Code) or to any alternative method of payment. disputes (conciliation, for example) in the event of a dispute.

Appendix 1 – Provisions relating to legal warranties

Article L. 217-4 of the Consumer Code

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

Article L. 217-5 of the Consumer Code

To be in conformity with the contract, the good must:

- Be fit for the use usually expected of a similar item 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 given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by 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 asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known 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.

Annex 2 – Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the site www.lesthete.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of LESTHETE 28 rue basse 59800 Lille

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

- Order of: ............................................... .............
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................ ..........................

Date :

Signature of the Customer (only in the event of notification of this form on paper):