GTC

GENERAL TERMS AND CONDITIONS OF SALE

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 website (collectively, the "Terms and Conditions"). Before placing any order on www.lesthete.com, please read the Terms and Conditions carefully. We recommend that you keep a copy of the Terms and Conditions for future reference.

Placing an order on the Site by a natural or legal person implies full and complete acceptance of these General Terms and Conditions of Sale and an 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 GENERAL CONDITIONS

1.1 These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") and any other document to which the GTC refer establish the legal terms which 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 Every Customer has the obligation to carefully read these Terms and Conditions and ensure their proper understanding before any transaction on the Site.

1.3 LESTHETE reserves the right to modify its Terms and Conditions at any time. The Terms and Conditions are binding on users of the Site from the date they are published 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 L'ESTHETE STORE, SARL with a capital of €7622.45, whose registered office is located at 28 rue basse 59800 LILLE, registered under number 380840082 RCS Lille Métropole (indistinctly "LESTHETE" or "the Seller").

These General Terms and Conditions specify in particular the conditions of ordering, payment, delivery and handling of any returns of Products ordered by Customers.

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

The photographs and graphics displayed on the Site are not contractual and do not constitute a guarantee by the Seller. The Customer is responsible for reviewing the description of each Product to understand its essential properties and characteristics. Product offers are subject to availability.

2.3 The Seller's contact details are as follows:

LESTHETE, a limited liability company with a capital of €7,622.45, whose registered office is located at 28 rue basse 59800 LILLE, registered with the Lille metropole Trade and Companies Register under number 380840082,

2.4 These General Terms and Conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

These Terms and Conditions are accessible at any time on the Site, can be reproduced and stored by the Client and shall prevail, where applicable, over any other version or contradictory document.

2.5 The Customer declares that they have read and accepted the General Terms and Conditions of Sale by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms of use of the Site.

These Terms and Conditions may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the Site on the date the order is placed.

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

The Customer acknowledges having the required capacity 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 French Data Protection Act of 6 January 1978, the Client has the right, at any time, to access, rectify, and object to all of their personal data by writing, by post and providing proof of identity, to LESTHETE:
- By email: contact@lesthete.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 and 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 case 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 automatically displayed excluding taxes 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 Client.

ARTICLE 3 – ORDERS

3.1 Orders are placed exclusively on the Website. Internet connection and access fees are the responsibility of the Customer.

3.2 Ordering Process

The Customer will place orders in accordance with the instructions provided on the Website. They agree to complete their registration and order form, ensuring that all necessary information is complete and accurate. In any event, the Customer is responsible for the information entered on their registration form and when placing the order. In the event of an error, LESTHETE 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 Customer may at any time:

- View, download and print these General Terms and Conditions by clicking on the "General Terms and Conditions of Sale" link;
- Check the Products in your basket: their quantity, their amount and detailed information on each of them by clicking on the "View Basket" icon or directly on the photograph of said product;
- Cancel the order of one or more Products on the "Shopping Cart" 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 homepage allowing them to either:

- Create a customer account using the form provided for this purpose.
- For this purpose, the Customer fills in the required fields by providing their contact details with the following mandatory information: title, surname, first name, full delivery address, email and telephone number.
- Pay as a guest without creating an account but by providing 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 Client. To do this, the Client fills in the required fields by indicating their username and personal password.

To continue the process, the Client clicks on "Continue" / "Register" / "Log in".

3.2.3 Order Validation

The Customer will access the "Delivery" section in which they will provide the information necessary for delivery (name, surname, delivery address, telephone number, email…) and will have the option to select this address as the billing address or enter a different billing address.

The order summary will be displayed after clicking "Continue". Before confirming their order, the Customer will have the opportunity to review the details and total price, and correct any errors, before confirming acceptance.

The Customer confirms their order by clicking on "Payment".

3.2.4 Payment by Credit Card

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

The Customer will be directed to the "payment information" section where the Customer can proceed with payment by credit card and will have to enter the necessary information for this purpose if required.

The Customer selects the type of card used (Visa, Mastercard) and is redirected to the PayPlug payment platform. The Customer enters the appropriate information in the designated fields on the bank's payment website, which allows for online payment by Visa or Mastercard credit card via a secure system. The Customer must verify that the entered information is correct (expiration date, card number, etc.); payment will not be accepted if the information is incorrect. From the date of the order, a debit request is sent to the Customer's bank account. The order will be considered final after confirmation of authorization from the bank's payment processing center.

Once the bank details are validated, the secure online payment processor sends an authorization request to the bank card network. The price amount will be held in the customer's account.

The online payment processor issues an electronic certificate serving as proof of the amount and date of the transaction. In this respect, the server's date and time will be considered valid between the parties.

The Customer warrants that they are fully authorized to use the payment card provided for the payment of their 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 shall constitute proof of the entirety of said order, in accordance with the provisions of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signatures reproduced in Articles 1365 et seq. of the Civil Code.

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

Upon receipt of the certificate, LESTHETE STORE will proceed with delivery. Payment will be processed on the day the order is shipped by LESTHETE STORE.

Payment must be made in full, without any deductions except for any discount applied by LESTHETE STORE to the total using a promotional code. LESTHETE STORE reserves the right to terminate the contract if the price of the Products is not paid.

Ownership of the Seller's Products will only transfer to the Customer after full payment of the price by the Customer, regardless of the delivery date of said Products.

3.3. Order Processing

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

3.4 Order Confirmation

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

3.5 Order Tracking

The customer will receive an email informing them 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 LESTHETE STORE with confirmation of delivery or tracking code where possible.

If you are not home, the package will be delivered to the nearest collection point, to a substitute address or rescheduled according to the option confirmed 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 payment for 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 use. The Seller therefore reserves the right to refuse orders for the same Product in large quantities.

ARTICLE 4 - PRODUCTS

4.1 Product descriptions will be available on the Site at the time of ordering.

4.2 Product offers are valid subject to availability. Information on product availability is provided prior to ordering.

4.3 Errors or changes regarding Product availability may exceptionally occur. In this case, the Customer will be informed of the unavailability in the order confirmation email:

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

ARTICLE 5 - DELIVERY

The Products will be delivered to the address provided at the time of ordering. No deliveries will be made to hotels or P.O. 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 the customer's responsibility to check the specific delivery restrictions on the product description page for each product they wish to purchase.

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

5.1 Delivery Methods

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 upon order confirmation.

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

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

Furthermore, LESTHETE STORE will inform the Customer of any delays as soon as possible. The Customer 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 placing an order. It is their responsibility to verify the delivery address in each email or letter they receive and to promptly inform LESTHETE STORE of any errors or omissions via contact@lesthete.com. LESTHETE STORE reserves the right to charge any additional delivery fees applicable due to an error in the delivery address provided by the Customer.

If delivery cannot be made to the address provided for reasons beyond LESTHETE STORE's control, the carrier will inform the Customer as soon as possible by email and indicate a later delivery date or timeframe.

The Customer is required to check the condition of the delivered products. They have three business days from the date of delivery, excluding public holidays, to submit any reservations or claims regarding non-conformity or apparent defects in the delivered Products (for example, a damaged or already opened package) in writing by registered letter with acknowledgment of receipt, along with all supporting documentation (including photos). After this period, and if these formalities have not been observed, the Products will be deemed compliant and free from any apparent defects, and no claim will 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 non-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 Terms and Conditions of Sale (see guarantees, in particular).

5.3 Product Receipt

Each delivery is deemed complete upon the carrier making the products available to the Customer or a third party designated by the Customer, as evidenced by the carrier's tracking system. No dispute regarding the delivery itself will be possible if the package appears to have been delivered, as the carrier's computer system is considered conclusive proof of delivery.

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 delivery. If the Customer is unable to check the condition of the Products at the time of delivery, they must indicate "NOT CHECKED" on the delivery note.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Scope of the right of withdrawal

In accordance with applicable legal provisions, the following goods are not eligible for 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 customized according to the Client's specifications.

6.2 Content and Procedures for Exercising the Right of Withdrawal

According to Articles L.121-18 et seq. of the Consumer Code, the Customer has the right to withdraw at any time, without giving any reason, up to 14 days after receiving the Products, provided that the Products are returned in their original packaging, in perfect condition and bearing the security tag within fourteen (14) days of notifying 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 date of receipt by the Customer of the last Product.

To exercise the right of withdrawal, the Customer must inform LESTHETE STORE in writing of their wish to withdraw using the withdrawal form available in the appendix or any written statement unambiguously expressing the Customer's intention to withdraw (hereinafter "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 to have been respected if the Notice of Withdrawal is sent on time.

LESTHETE STORE 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, along with the Withdrawal Notice. The Products must be returned new, unused, with the price tag and security tag still attached, properly protected, in their original packaging, in good condition, suitable for resale, and accompanied by all accessories, instruction manuals, and documentation, as well as the corresponding order form or invoice. These conditions are cumulative: if any one of them is not met, the return will be refused. Therefore, while the Customer may try on an item of clothing, they may not wear it.

Except in the case of defective products or errors in the product description, the customer returns the product(s) at their own expense. Products must be returned to the address indicated in the return confirmation email.

LESTHETE STORE 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, LESTHETE STORE will reimburse the Customer for any sum debited, including standard delivery charges, according to the payment method used by the Customer when ordering, 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 Scope of warranties

All Products are guaranteed to be free from defects. If any Products are found to have defects during the legal guarantee period, LESTHETE STORE undertakes to reimburse the Customer for sums paid for Products that are apparently defective, damaged or not corresponding 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 a claim under the guarantee of conformity: the Customer has two years from the delivery of the goods to take action. They may choose between repair or replacement of the goods, provided that this choice does not entail a manifestly disproportionate cost compared to the other option, in accordance with 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 be granted.

- In the event of a claim under the warranty against hidden defects: the Customer may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.

The action for warranty against 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 Implementation of guarantees

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

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

The above warranties do not apply to defects arising from normal wear and tear, intentional damage, accident, negligence of the Customer or a third party, use other than that prescribed, failure to follow 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 LESTHETE STORE is held liable due to its own negligence, compensation is limited to direct, personal, and certain damages suffered by the Customer, expressly excluding compensation for any indirect and intangible damages, such as financial losses, damage to reputation, etc. The amount of damages that LESTHETE STORE may be required to pay the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products in question.

8.2 In any event, LESTHETE STORE disclaims all liability, in particular due to:
- Normal wear and tear of the Products;
- Use that is not in accordance with the intended purpose of the Product;
- Any damage or accident resulting from negligence, lack of supervision or maintenance not in accordance with the instructions mentioned on the Product or in 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 Product description, and/or with the specific regulations relating to the Products sold;
- Any malicious act by the Client or third parties.

8.3 LESTHETE STORE cannot be held responsible for any damage, temporary or permanent, caused to the Client's computer system nor for any losses or damages that may be incurred in particular as a result of accessing or browsing the Site.

8.4 Data transmission via the Internet may result in errors and/or the Site not being always available. Therefore, LESTHETE STORE cannot be held liable for the availability and interruption of the online service.

ARTICLE 9 - FORCE

9.1 In the event of force majeure preventing LESTHETE STORE from fulfilling its obligations, the order will be immediately suspended and the Customer will be informed immediately by any means. Similarly, LESTHETE STORE will inform the Customer of the cessation of this event, and the order will then resume immediately.

9.2 If such an event continues for more than 30 (thirty) days after the notification date, the contract will be automatically terminated. Any sums received by LESTHETE STORE before this date will then be refunded 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 are processed using Payplug, a secure online payment gateway that encrypts your card details 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 its system. This information is fully encrypted and used only to process 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 reasonable measures within its power to securely maintain 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 during access or ordering on the Site.

ARTICLE 11 – DATA PROCESSING AND FREEDOM / COOKIES

11.1 In accordance with Law 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, it is noted that the personal data requested from the Customer is necessary for the processing of his order and the preparation 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 complies with legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the procedures defined in the General Terms and 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 allow the Client to be identified; it records information relating to browsing activity on the Website from the computer (pages viewed, date and time of visit, etc.) which can be read during subsequent visits by the Client. This information is stored for one year.

The purpose of these cookies and the methods of objecting to and deleting them are defined in the General Terms and 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 reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

12.2 Furthermore, the Seller retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., created for the purpose of supplying the Products to the Customer. The Customer is therefore prohibited from reproducing or using said studies, drawings, models, prototypes, etc., without the Seller's express, prior written authorization, which may be subject to a financial consideration.

ARTICLE 13 – APPLICABLE LAW – LANGUAGE

13.1 These General Terms and Conditions and the operations arising therefrom are governed by and subject to French law.

13.2 These General Terms and Conditions are written in French. If 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 send 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 arising from purchase and sale transactions concluded under these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law.

14.3 The Client 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 obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.

Article L. 217-5 of the Consumer Code

To comply with the contract, the goods must:

- To be fit for the purpose for which goods of the same type are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose 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 time-barred after two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code

When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.

Article 1641 of the Civil Code

The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, 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.lesthete.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of LESTHETE, 28 rue basse, 59800 Lille

I hereby notify you of my withdrawal from the contract for the order of the Products listed below:

Order date: ...........................................................
- Order number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................

Date :

Customer signature (only if this form is submitted on paper):