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Terms and conditions

Last updated on 01/09/2023

TERMS AND CONDITIONS

 

Preamble :

 

These general conditions of sale (hereinafter the “General Conditions of Sale”) strictly and in their entirety govern all sales made by the company “OFFICIAL DIGITAL STORE”, with capital of €1,000, whose head office is located ZI En Jacca – 4, Chemin de Naudinats – 31770 Colomiers - FRANCE (hereinafter referred to as “OFFICIAL DIGITAL STORE” or “we”) via the site www.nine-worths.com to customers as this term is defined in article 1, for delivery within the territory of Metropolitan France, while stocks last. All our sales are subject to French law.

These General Conditions of Sale are applicable to all Orders received.

OFFICIAL DIGITAL STORE and the Client are hereinafter individually referred to as a “Party” and together the “Parties”.

The last update date of the General Conditions of Sale is indicated at the top of the page.

OFFICIAL DIGITAL STORE reserves the right to modify or adapt these General Conditions of Sale at any time and without notice, in particular, to bring them into compliance with legal and regulatory provisions.

The Customer is therefore invited to consult them regularly. Before placing an Order, the Customer must read and accept the General Conditions of Sale, after having checked the summary of their Order.

The General Conditions applicable to each Order will be those in force on the day of final validation of the Order by the Customer.

Acceptance by the Customer of these General Conditions is materialized by the fact, for the Customer, of checking the box adjacent to the words “I have read the General Conditions of Sale and I adhere to them without reservation (Read the General Conditions of sale)” when placing your Order.

These General Conditions of Sale exhaustively define all the rights and obligations between OFFICIAL DIGITAL STORE and the Customer wishing to acquire Products offered for sale on the OFFICIAL DIGITAL STORE Website. They govern all stages of the sale, from placing an Order to guaranteeing the Products ordered, including payment, Delivery and withdrawal by the Customer.

  1. Definitions

“Client ”: refers indifferently to the Consumer Client, as well as all professionals and all non-professionals, as these terms are defined in the introductory article of the Consumer Code.

 

“Consumer customer ”: means any adult natural person legally capable of entering into a contract and meeting the status of consumer within the meaning of the introductory article of the Consumer Code.

 

“Order(s) ”: refers to any purchase by the Customer of any Product offered by OFFICIAL DIGITAL STORE on its Website.

Account : designates the Customer’s account allowing the placing of an Order for the Products offered for sale by OFFICIAL DIGITAL STORE on its Website.

“Delivery ”: means the delivery by OFFICIAL DIGITAL STORE of the Products ordered, either to the Customer, or to a third party designated by the latter, or to the carrier designated by the latter.

Product(s) ”: refers to all the items and accessories offered for sale by OFFICIAL DIGITAL STORE on its Website.

“Website” : refers to the website operated by OFFICIAL DIGITAL STORE, which can be accessed via the Internet at the following address: www.nine-worths.com

  1. Product characteristics

 

The specific features of the Products are described with the greatest possible accuracy in the product sheets on the Website.


These Products comply with the standards in force on European territory.

  1. Orders

 

3.1 Identification

 

The Customer has the option of placing an order on the OFFICIAL DIGITAL STORE Website by entering their information directly or by connecting to their Account.

To obtain his identification, the Customer must complete, according to the instructions provided to him online on the OFFICIAL DIGITAL STORE Website, a form made available to him where he mentions the information necessary for his identification and in particular, his name, first name , company name (for businesses), email address, billing and delivery address, telephone number (optional) and the password they have chosen.

To place an order on the OFFICIAL DIGITAL STORE Website, the Customer can then identify themselves by entering their email address and password.

The password is personal and confidential. Each Customer is entirely responsible for the use and preservation of their password. Each Customer undertakes to make every effort to keep their password secret and not to disclose it to anyone. In order to preserve the confidential nature of the password, the Customer is invited to disconnect from the Website at the end of each Order.

Any loss or involuntary disclosure of an element likely to allow a third party to become aware of a Customer's password must be immediately reported in writing to OFFICIAL DIGITAL STORE, so that the latter can change the identifiers and passwords. .

If the Customer forgets the password, he must indicate it via the “Forgotten password? » ; he will then receive a reset email.

 

3.2 Order taking

 

The Customer has the possibility of placing an order based on the references of the Product offers available on the OFFICIAL DIGITAL STORE Website.

 

The essential characteristics and the price of our Products are indicated on the pages containing the detailed description of the Products in the online store.

Any order from the Customer constitutes unreserved acceptance of the prices and description of the Products available for sale.

From the references available on the OFFICIAL DIGITAL STORE Website, the Customer selects the Products he wishes to purchase by clicking on the “ Add to cart ” button.

At all stages of taking an Order, the Customer has the possibility of consulting and modifying the content of his Order by returning to the “basket” .

The Customer chooses the Products he wishes to purchase, checks the content of his Order, and can proceed to finalize his Order by clicking on the “ Pay now ” button.

The “Pay now” button allows you to confirm your order which then becomes final and a sales contract is thus concluded.

Until the Order is validated, the Customer may abandon or modify the Order at any time.

When the Customer has validated his Order, it is recorded by OFFICIAL DIGITAL STORE, which confirms receipt of the Order by email.

Any Order constitutes acceptance of these general conditions of sale, prices and descriptions of the products available for sale.

3.3 Unavailability

In the event of total or partial unavailability of a Product, the Customer will be informed by OFFICIAL DIGITAL STORE, as soon as possible, and by email.

In the event of unavailability of a product after validation of the Order, the Customer will be refunded the price of the Product ordered within a maximum period of 14 days following their Order.

  1. Price

 

Invoices are drawn up at the rate in effect on the day the sale is concluded, in euros and stipulated including tax.


Without specifying, these prices include delivery costs in addition, the rates and conditions of which are indicated on the site.


The prices and delivery conditions are indicated for each Product in the technical sheet on the website www.nine-worths.com

OFFICIAL DIGITAL STORE reserves the right to modify its prices at any time and without notice. Any new tax or contribution that may be created or modified, upwards or downwards, may also be passed on by OFFICIAL DIGITAL STORE in the selling price of the Products.

However, the price invoiced and which will be paid by the Customer will be that which is in force on the day of final validation of the Order. No modification of the price to be paid may take place after validation of the Order by the Customer.

The prices indicated do not include access to the Internet and/or the Website nor the cost of telephone lines. The Internet connection is the responsibility of the Customer. OFFICIAL DIGITAL STORE cannot be held responsible for the quality of the line offered by the Internet access provider.

  1. Payment

 

The total amount (including Delivery costs) of the payment due by the Customer is indicated at the time of final validation of the Order, as well as in the summary email sent to him.

The Customer may pay for his Orders by the various means which will be offered at the time of payment.


In the event of payment by credit card, the entire transaction made from our website is protected by the SSL (Secure Socket Layer) encryption system.


Unless otherwise specified, payment must be made when ordering. No early payment discount is applied.


Payment is deemed to have been made when the funds are made available to the company OFFICIAL DIGITAL STORE.


If an invoice due is not paid, even partially, the company "OFFICIAL DIGITAL STORE" reserves the right to claim, after prior notice by LRAR (or other equivalent means) which has remained without effect after a period of 8 days, and without prejudice to any damages, late payment penalties, calculated by applying to the sums due, an interest rate equal to 3 times the legal interest rate in force.


In the event of non-payment, all sums due to our company become immediately and automatically due, without formality, regardless of the payment method provided.

In addition, OFFICIAL DIGITAL STORE reserves the right to suspend or cancel current orders at our sole initiative.


Professional Customers will also have to pay a flat rate contribution of 40 euros per unpaid invoice to cover the administrative costs incurred by processing the unpaid invoice, without prejudice to any compensation that OFFICIAL DIGITAL STORE may claim.

  1. Delivery

 

6.1 Delivery terms

 

Stock availability is indicated in real time in the product sheets.


The order is generally shipped within 24-72 hours (working days: Monday to Friday 12 p.m.).


Delivery is free in Relais Colis from €29.90 purchase including tax. Other means of delivery, mentioning their cost, will be offered to customers.


In the event of unavailability of a Product, material or accessory, we endeavor to notify the customer of any foreseeable delay in delivery, before delivery, by an appropriate mention on our site and personalized information to the e-mail address. email when ordering.

6.2 Late delivery

In the event of a delay in delivery beyond the deadline provided for when the contract was concluded, the Customer must contact Customer Service www.nine-worths.com, from their customer account in order to request that delivery be made. within a reasonable additional period of time.

If delivery has still not been made after this additional period, the Customer may request the cancellation of their order from OFFICIAL DIGITAL STORE Customer Service, from their customer account. Unless the Order has been delivered within this period, the Order will be considered canceled upon receipt of this request. In this case, the Customer will be refunded the full amount paid within 14 days.


A number is available to you for any information: 05 36 091 700.

6.3 No delivery

In the event of no delivery beyond the deadline provided for when the contract was concluded, the Customer must contact Customer Service from their customer account, in order to request that delivery be made within a reasonable additional period.

If delivery has still not been made after this additional period, the Customer may request the cancellation of their order from OFFICIAL DIGITAL STORE Customer Service, from their customer account. Unless the Order has been delivered within this period, the Order will be considered canceled upon receipt of this request. In this case, the Customer will be refunded the full amount paid within 14 days.


A number is available to you for any information on the delivery of your product: 05 36 091 700.

  1. Delivery

 

As soon as the company OFFICIAL DIGITAL STORE entrusts the goods to the carrier, the carrier becomes totally and solely responsible for them, regardless of the terms of sale of this transport service to the Customer. Upon receipt of the goods, the Customer must ensure that the packaging is in good condition and in the number indicated on the accompanying slip. If upon receipt, an apparent anomaly is noted, it must be indicated immediately in writing on the carrier's slip. No claim for shortage or deterioration of goods, resulting from a discrepancy in the number of packages or their poor condition, can be taken into account if the visible anomalies have not been mentioned on the transport slip at the time of delivery. their Delivery.

  1. Consumer Customer’s right of withdrawal

 

8.1 In accordance with article L.221-18 of the Consumer Code, the Consumer Customer has a period of fourteen days from the date of receipt of the Order to exercise his right of withdrawal, without having to give reasons. its decision nor any costs other than those provided for in articles L. 221-23 to L. 221-25.

8.2 The exercise of the right of withdrawal must be made through www.nine-worths.com.

To ensure that their request is properly handled, the Consumer Customer is advised to go to www.nine-worths.com within the deadlines and follow the return procedure detailed in the “Product Return” section of the Site.

8.3 The Product must be returned following the instructions detailed in the “Product Return” section of the Site.

He must send it within fourteen (14) days of sending his withdrawal. A contribution to the return costs will be retained from the final reimbursement to the Customer.

8.4 The Product must arrive in perfect resalable condition, with no trace of use, with its accessories, instructions and original packaging. The conformity of this return will be checked and validated upon receipt.

8.5 www.nine-worths.com will reimburse the sums paid by the Consumer Customer, free of charge, with the exception of return costs.

In the event of return of all www.nine-worths.com Products, the refund amount will only include the price of the Products concerned, without delivery costs (outbound).

Reimbursement is due within a maximum of fourteen (14) days. However, reimbursement may be deferred until recovery of the item by www.nine-worths.com.

8.6 In the event of exercise by the consumer Customer of his right of withdrawal, when the price of the order, the subject of the withdrawal, is entirely or partially covered by a credit granted to the Customer, the credit contract is terminated, without penalty.

Products returned incomplete, worn, washed, damaged, soiled or damaged by the Consumer Customer will not be taken back by OFFICIAL DIGITAL STORE.

Products for which no element clearly identifies the consumer Customer will also not be taken back by OFFICIAL DIGITAL STORE.

  1. Storage of Products by the Customer

 

We invite you to check the storage and storage instructions appearing on the technical sheets and even beforehand on the packaging.


The Customer is solely responsible for the degradation of Products, materials or accessories resulting from their storage in abnormal conditions or conditions incompatible with their nature.

  1. Guarantees

 

The Products offered on the Website comply with current European legislation and the standards applicable in France.

All Orders placed by the Consumer Customer benefit from the legal guarantee of conformity of articles L.217-4 et seq. of the Consumer Code and the guarantee of hidden defects of articles 1641 et seq. of the Civil Code) the customer will be reimbursed or an exchange will take place in the event of Products that are apparently defective or do not correspond to the order.

For any questions or implementation of these guarantees, the Customer must contact Customer Service www.nine-worths.com, from their customer account. The Customer must return the Products in the manner described in the “Product Return” section of the Site. In this case, the Products must be returned in their original condition.

10.1 Legal guarantee of conformity

Article L.217-4 of the Consumer Code:

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Article L.217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods, and where applicable:

  • if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
  • if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling.

2° 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 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 which was granted to him during the acquisition or repair of movable property, a restoration 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 the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »

 

In terms of guarantee of conformity, the Consumer Customer:

  • benefits from a period of two (2) years from the delivery of the property to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.211-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the goods. This period is extended to twenty-four (24) months for goods purchased from March 18, 2016, except for second-hand goods.

10.2 Guarantee against hidden defects

Article 1641 of the Civil Code:

“The seller is bound by the guarantee for defects in the item which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have paid less if he had known about them. »

Article 1648 of the Civil Code paragraph 1:

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

In accordance with article 1644 of the Civil Code, the Consumer Customer can choose between canceling the sale or reducing the sale price.

  1. Product Retention

 

In the event of a payment incident concerning any of the company's orders, the company "OFFICIAL DIGITAL STORE" reserves the right to withhold Products that are unpaid and not actually delivered to the Customer.

  1. Title retention clause

 

The Products are sold subject to retention of title until full payment has been made.
Payment means payment of the price of the Products, costs relating to the sale and interest.
In the event of non-payment, the Customer must at his own expense and risk return the unpaid products, following a request serving as formal notice by registered letter with acknowledgment of receipt.
The termination of the contract is carried out without obstructing the withdrawal period provided for by article L.221-18 of the Consumer Code.

  1. Intellectual property

 

All intellectual property rights and other rights relating to the elements of the Website and/or the Products and/or our catalogs, whatever their nature including the underlying technologies, copyrights, rights trademarks, designs and models, and for some of the Products that we market, patents, are and remain the exclusive property of OFFICIAL DIGITAL STORE.

In accordance with and within the limits of the provisions of article L.342-1 of the Intellectual Property Code, OFFICIAL DIGITAL STORE prohibits the extraction or reuse of all or part of the content of its Website.

The Customer acknowledges the existence of these proprietary and intellectual property rights and will not take any action aimed at infringing, limiting or restricting in any way the property or rights of OFFICIAL DIGITAL STORE or the holder thereof. cause.

If the Customer wishes to use in another context, and/or disseminate data, information and/or content from the Website or the Products offered, he must first make a written request to the address of the head office of OFFICIAL DIGITAL STORE.

The Client agrees not to use the Website for commercial purposes, not to rent, lend, sell, publish, offer license or sublicense, distribute, assign or transfer in any way all or part of the Website to any third party without the express, written and prior authorization of OFFICIAL DIGITAL STORE which may condition it on financial compensation.

Any person who wishes to post a hypertext link online, in particular by framing or deep linking techniques, referring directly to the OFFICIAL DIGITAL STORE Website, must request express, written and prior authorization. Otherwise, the link must be removed upon simple request from OFFICIAL DIGITAL STORE.


No reference, resumption or reproduction, total or partial, of any of the elements of our Website or our catalogs may be made without our express and prior agreement, under penalty of incurring your civil and criminal liability for counterfeiting.

  1. Processing of personal data

 

To process your order, we collect personal information. This information concerns the Customer directly, when the latter is a natural person, including in particular when it is a consumer Customer, and/or its employees when the Customer is a legal entity (hereinafter the “Persons concerned").

The data collected is in particular, and depending on the situation, relating to the name, first name, email address, position within the structure, postal address and telephone number of the Persons concerned. This data is essential for processing, sending and tracking the Customer's order and will thus be processed for this purpose. Consequently, the legal basis within the meaning of Article 6 b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data personal and the free movement of this data (“General Data Protection Regulation” or “GDPR”) of this processing is:

  • When the Customer is a natural person, including in particular when it is a consumer Customer, the need for OFFICIAL DIGITAL STORE to execute the contract binding us;
  • When the Customer is a legal entity and the persons concerned by the processing of personal data are its employees, the legitimate interests of OFFICIAL DIGITAL STORE.

OFFICIAL DIGITAL STORE may also send you its newsletters and information of a commercial nature, in your capacity as an existing customer, and regarding products or services similar to those for which you have contracted with us. This processing is part of the legitimate interest of OFFICIAL DIGITAL STORE to communicate with its customers. Data Subjects receiving requests may, at any time, object to the processing of their data by sending an email to the following address: contact@officialdigitalstore.com . In any event, the sending of such messages will not continue beyond a period of three years from the end of the last contact with the Person concerned.

The data of the Data Subjects will be kept for the period necessary for the purposes pursued, taking into account in particular (i) the nature and purpose of the processing in question, (ii) the categories of data processed, (iii) the applicable limitation periods, (iv) applicable contractual provisions, (v) industry standards and (vi) recommendations from the Commission Nationale de l’Informatique et des Libertés (CNIL).

This data may be shared with third-party service providers, particularly IT providers, of OFFICIAL DIGITAL STORE. We may also be required to disclose this data in special circumstances, and in particular as a result of the law, in the context of legal proceedings, litigation or a request from public authorities and if disclosure is reasonably necessary to enforce compliance with these General Conditions.

Data Subjects have rights relating to their personal data, including: withdraw consent, be informed of and have access to their personal data, correct or complete inaccurate data, and in certain circumstances limit, request erasure , oppose the processing, or request the portability of their personal data to another organization. Data Subjects may also define guidelines relating to the retention, erasure and communication of your personal data after your death.

To exercise all of these rights, a request must be sent by email to the address contact@officialdigitalstore.com or by post to the address OFFICIAL DIGITAL STORE 4 chemin de Naudinats 31770 COLOMIERS. Data Subjects also have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

If you no longer wish to be contacted by telephone, you can register at any time your telephone number, which you have agreed to communicate to us, on the list of opposition to telephone canvassing by Internet www.bloctel.gouv.fr or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret 10000 Troyes. This registration is free and valid for three years but, to respond to your request, we may contact you for a period of 3 months from the date of the request.

  1. Responsibility

 

The Customer is responsible for the accuracy, sincerity and veracity of the contact details he provides to OFFICIAL DIGITAL STORE. OFFICIAL DIGITAL STORE cannot be held responsible due to an error in entering these contact details.

 

OFFICIAL DIGITAL STORE is automatically responsible to the Customer for the proper execution of the obligations resulting from the Order.

OFFICIAL DIGITAL STORE cannot be held liable in the event that the non-performance or poor performance of an obligation is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party to the Order or results from an event force majeure, as defined by article 1218 of the Civil Code and the case law of the French Courts.

In addition, OFFICIAL DIGITAL STORE cannot be held responsible for damages of any nature, whether material or immaterial, direct or indirect, which could result from improper use of the Product or from an adaptation or modification carried out on the sole initiative of the Customer.

As such, the Customer is solely responsible for his use and exploitation of the Product ordered on the Website. OFFICIAL DIGITAL STORE cannot be held responsible in the event of infringement of legislation or the rights of third parties in the context of this use and exploitation.

OFFICIAL DIGITAL STORE cannot be held liable for inconveniences and damages relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, and a malfunction of the Website.

OFFICIAL DIGITAL STORE cannot be held responsible in the event of damage linked to the loss or disclosure of a Customer's password.

  1. Mediation

 

Under article L. 612-1 of the Consumer Code, “Every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and a professional. ". This covers disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between a consumer and a professional.

In the event of difficulties, we invite you to contact our after-sales service first, either by telephone on 05 36 091 700 or by email at contact@officialdigitalstore.com If your problem is not resolved, you can use the services of a mediator within one year of receipt of your request by the after-sales service, with a view to settling the dispute out of court.

In the event of difficulties in the application of the General Terms and Conditions, the Customer has the possibility, before any mediation and any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, an association of consumers, the European online dispute resolution service ( https://ec.europa.eu/consumers/odr ) or any other advice of its choice.

  1. Applicable law and competent jurisdiction in the event of a dispute

These General Conditions, as well as all contractual relationships which may result from them, are subject to French law.

In the event that a dispute arises between the Customer and OFFICIAL DIGITAL STORE, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before initiating any legal action.

Failing this, the Courts within the jurisdiction of the Court of Appeal of Toulouse will have sole jurisdiction, subject to a specific grant of jurisdiction resulting from a particular law or regulation.

  1. Modification of the general conditions of sale

 

Given the possible developments of the Website, the company OFFICIAL DIGITAL STORE reserves the right to modify these General Conditions of Sale at any time. Updates to the general conditions of sale will be available online on the website www.france-textile.com and will only be applicable to sales made after the modification. It is up to the Customer to check the existence of new clauses in the General Conditions of Sale present here with each new Order.

 

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

 

 

Right to retract

 

You have the right to withdraw from this contract without giving any reason within fourteen days.


The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). You can also complete and send the model withdrawal form or any other unambiguous declaration on our website www.france-textile.com. If you use this option, we will immediately send you an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email). For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Withdrawal effects

In the event of withdrawal by you from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery). delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever date is the earlier of these events.


You must return or return the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen day period.
You will have to cover the direct costs of returning the goods.

Terms and conditions

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