Terms of sale

The website https://sophieandlucie.nopli.eu and its mobile site (collectively referred to as the "Site") are published and hosted by the Simplified Joint Stock Company with a capital of 3,000 Euros, with its registered office located at 99 Rue de Charonne, 75011 Paris, registered in the Paris Trade and Companies Register under number 920 163 243, and whose VAT number is FR12920163243 ("Nopli").

Nopli can be contacted at the following details, particularly for any claims: Postal address: 99 Rue de Charonne, 75011 Paris, or by email at help@nopli.eu.

Preamble

These general terms and conditions (the "General Terms") are entered into between Nopli SAS, Sophie & Lucie., and any adult natural person ("You" or the "User(s)") accessing the Site.

These General Terms exclusively govern your relationship with Nopli and Sophie & Lucie.

The Sophie & Lucie brand is a registered trademark.

They aim, in particular, to define the conditions under which you can:

• Access and browse the Site;
• Sell Products on the Site by posting sale offers (the "Listings");
• Purchase Products on the Site;

By browsing the Site, Users acknowledge that they have read and fully and unconditionally accept the General Terms.

Nopli reserves the right to modify the General Terms at any time. They will then be applicable as soon as they are published online. In this regard, we invite Users to regularly review the General Terms.

Nopli acts as an intermediary in transactions made between Sellers and Buyers, in its capacity as a host regarding the Content published on the Site by Users.

ARTICLE 1 – DEFINITIONS

• General Terms: see the definition given in the preamble;
• Site: see the definition given in the preamble;
• Buyer(s): a person with the legal capacity to contract, wishing to acquire one or more Product(s) on the Site as an individual, meaning not for commercial or professional purposes;
• Nopli: Nopli, as defined in the preamble, offers Users the services described in these General Terms. In this capacity, Nopli acts as an intermediary in transactions made between Sellers and Buyers and serves as a host regarding the Content published on the Site by Users.
• Sophie & Lucie: Sophie & Lucie, as a partner of Nopli, acts as the owner of the partner brand Sophie & Lucie by providing its image, name, catalog, and media, as well as committing to accept and credit the sellers' vouchers on its site. As a brand partner, Sophie & Lucie also has the ability to sell Sophie & Lucie products on the Site.
• Seller(s): a person with the legal capacity to contract, wishing to sell one or more Product(s) on the Site as an individual, meaning not for commercial or professional purposes.
• User(s): see the definition given in the preamble;
• Content(s): any element disseminated on the Site, by email, or via Messaging, including Products, Listings, Reviews, and messages;
• Listing(s): see the definition given in the preamble;
• Product(s): items offered for sale by Sellers on the Site, in accordance with the General Terms;
• Product Photo(s): any visual published by a Seller at the time of creating the Listing to accurately represent the Product in its current condition;
• Sale: All actions leading to a transaction between a Buyer and a Seller for one or more products offered on the Site.
• Shipping Costs: Costs related to the transport of a sold product.
• Nopli Protection: Costs related to the proper functioning of the site and the protection of Buyers.
• Voucher: A payment option for Sellers following a sale, consisting of a coupon usable on the website https://www.sophieandlucie.com/ for a predefined amount.
• Funding: An additional sum added to the Sale amount by Sophie & Lucie when the voucher payment option is chosen.
• Bank Transfer: A payment option for Sellers following a sale, consisting of a bank transfer of a predetermined amount to the Seller's bank account.
• Account: By logging onto the Site, each user is identified after providing their information. Through their account, the User can access all the Services of the Site.

ARTICLE 2 - ACCESS TO THE SITE

The Site is open to any internet user or mobile user who meets the conditions stated in the preamble, provided they have access to the Internet.

ARTICLE 3 - CUSTOMER ACCOUNT

Access to the Listings offered on the Site is free. A simple visitor can consult the Listings published by a Seller without registering on the Site.

By accessing, using, or registering on the Site, the User declares and guarantees that they:

• Are at least 18 years old;
• Reside in France;
• Have the legal capacity to buy and sell;
• Accept these general terms and all contractual documents;
• Are fully responsible for the transactions made.

Access to and use of the Services requires the User to register by filling out the form provided for this purpose on the Site.

Users register on the Site by providing all the information marked as mandatory in the form provided for this purpose. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the User's name (the "Account"), giving access to a personal space ("Personal Space") that allows them to manage their sales and/or purchases in a form and by technical means that Nopli deems most appropriate.

The User guarantees that all information provided in the registration form is accurate, up-to-date, and sincere, and is not misleading in any way.

They commit to updating this information in their Personal Space in case of changes (notably in case of a change of postal address) so that it always meets the aforementioned criteria.

The User is informed and accepts that the information entered for the creation or updating of their Account serves as proof of their identity. The information entered binds them as soon as it is validated.

The User can access their Personal Space at any time after identifying themselves with their login credentials and password.

They commit to using their Account personally and not allowing any third party to use it on their behalf or for their account, except to bear full responsibility.

They are likewise responsible for maintaining the confidentiality of their username and password, as any access to the Site using these credentials is deemed to have been made by the User. They must immediately contact Nopli if they notice that their Account has been used without their knowledge. They acknowledge Nopli's right to take all appropriate measures in such cases.

ARTICLE 4 - OPERATION OF THE SITE

Users have access to the following Services, in a form and with functionalities and technical means that Nopli deems most appropriate.

4.1 Sales of items

Only Products of the Sophie & Lucie brand or those distributed by the website https://www.sophieandlucie.com/ can be listed for Sale on the Site.

4.1.1 Listing and creating ads

Listing a Product on the site involves creating an Ad. A single User can list an unlimited quantity of Sophie & Lucie brand Products for free. However, it is prohibited to list the same Product multiple times. The Seller agrees to promptly remove the Ad for any Product that becomes unavailable from the Site.

Once registered, Sellers can create an Ad using a form that allows them to present the characteristics of the Products they are offering for Sale. Sellers commit to describe the Product using the form in the clearest and most precise manner possible.

Sellers can add various content to their Ads, including text and photographs (the "Content").

Nopli advises Users to include multiple photographs of the sold Product in each Ad to allow the Buyer to visualize the Product as a whole. Users are also encouraged to highlight any defects in the photographs of the listed Product. The Seller who has listed the Product can remove, complete, or modify the Ad at any time until a Buyer expresses their intention to purchase the Product.

At the time of listing the Product, the Seller chooses the Payment Option for the amount of their sale: Voucher or Bank Transfer.

4.1.2 Moderation and publication of ads

All Ads posted on the Site will be verified and completed by Nopli before being published. Additionally, post-publication moderation may be performed to remove and/or suspend Ads that do not comply with the rules specified in the general conditions.

Only Products of the Sophie & Lucie brand or those distributed on the site https://www.sophieandlucie.com/ can be listed on the Website. Any Ad concerning a Product that is not from the Sophie & Lucie brand or is not distributed on the site https://www.sophieandlucie.com/ or is a counterfeit of the Sophie & Lucie brand or any other brand will be immediately removed.

To ensure the availability of Products, Ads older than 6 months will be deactivated. The Seller will receive an email 3 days before the 6-month term, allowing them to renew their Ad if desired. The absence of renewal will lead to the removal of the Ad.

To relist the affected Products, the User must create a new Ad.

4.1.3 Validation / Cancellation of the Sale

When a Buyer has ordered one or more Products, the Seller receives an order notification by email indicating that they have a period of five (5) days from the receipt of the email to ship the order.

If the Seller has not shipped and/or delivered the Products according to the chosen delivery method within the 7-day acceptance period, the Sale will be canceled. Nopli reserves the right to suspend the account of any Seller whose order cancellation rate is abnormally high.

If the Seller has chosen a bank transfer as the Payment Option, they must also undergo an identity verification by the payment service provider.

4.2 Purchases of items

4.2.1 Placing and validating orders

Any order constitutes express and irrevocable acceptance of the indicated prices and the descriptions of the Products in the Ads.

The Buyer declares that they have read and accepted these General Terms of Use before placing their order.

Online payment is secured by STRIPE.

Service Fees may apply to the order. These cover the Internet management fees of the Site as well as fees related to buyer protection (see Nopli Protection).

Delivery Fees are the responsibility of the Buyer.

Upon validation of the payment step, the Buyer will be charged the amount corresponding to their order on the same day.

From the last click of acceptance, the order is considered irrevocable.

Upon completion and payment of the order, the Buyer will receive a confirmation email indicating the order number and its amount. The email will also remind the Buyer that the order must be shipped by the Seller within 5 days, failing which the Buyer may request a refund.

When the Buyer collects the package, they must validate their order for the Seller to receive the sale amount. By default, any order will be automatically validated 72 hours after the order is received.

If the Buyer does not collect their package within the timeframe or report any incidents regarding it, the transaction will be considered completed and confirmed. However, amicable solutions may be considered between the Buyer and Seller through Nopli depending on the circumstances. In case of non-collection of the package within the deadline by the Buyer, service and transport fees may be charged to the Buyer.

4.2.2 Cancellation of the order and refund

i. In the case of a sale between individuals
The sale being concluded between two individuals, the Buyer does not benefit from a right of withdrawal as defined by the current regulations. If the Product does not suit the Buyer, they cannot request the cancellation or refund of their order. However, if they notice a non-compliance between the received Product and the Ad, the Buyer has the option to suspend the Transaction by reporting an issue to the Seller through Nopli.

The Buyer can report an issue to the Seller through Nopli within 72 hours from the date of collection (delivery) of the package. After this period, the Transaction is automatically validated.

Once the issue is reported, the sale is suspended until an agreement is reached between both parties through Nopli. Any dispute arising between Users on the Website regarding the conformity of Products will be managed, arbitrated, or mediated by Nopli.

ii. In the case of a sale between a professional and an individual
According to Article L. 221-1 of the Consumer Code, the Buyer has no right of withdrawal when purchasing an Article from a non-professional Seller. The Buyer (acting as a consumer) is protected by consumer rights when purchasing an Article from a professional Seller and can approach the jurisdiction of their choice to enforce the consumer protection rules of their country. The professional Seller must apply the national law of the Buyer concerning consumer protection provisions.

According to Article L 121-21 of the Consumer Code, Buyers are informed that they have a period of 14 calendar days from the date of receipt of the ordered Products to exercise their right of withdrawal, without penalty and without reason, except for return fees, with a professional Seller.

For this purpose, professional Sellers expressly acknowledge that they are solely responsible for complying with their information obligations towards Buyers regarding the conditions, period, and methods for exercising this right, as well as providing Buyers with a withdrawal form.

5 - CONNECTION WITH STRIPE'S INTERVENTION AND TERMS AND CONDITIONS

Users are expressly informed and agree that all payments made through the Site are managed by Stripe Payments Europe, Ltd., registered C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland under DUNS number 985 429 235 ("Stripe").

Users contract directly with Stripe regarding the implementation of these payments, accepting Stripe's terms and conditions through a checkbox during their registration on the Site.

If Stripe refuses or terminates the User's subscription, the User cannot continue to use Nopli's Services.

Conversely, the end of the contractual relationship between the User and Nopli results in the termination of the User's contract with Stripe.

In the context of the Services, Users provide Stripe with all their payment instructions through their Personal Space. Consequently, Users expressly authorize Nopli to transmit said instructions to Stripe, on their behalf and for their account.

ARTICLE 6 - DELIVERY OF PRODUCTS

Products are delivered to the delivery address indicated by the Buyers.

The Seller commits to send the package and to do everything possible for the Buyer to receive it in accordance with the delivery method chosen by the Buyer. From the time of the order, they have five (5) days to drop off the package at a relay point or at the Post Office.

The Seller remains the owner of the Products until received by the Buyer. They are responsible for all losses, damages, deterioration, or destruction incurred during delivery, until the Product is duly received by the Buyer.

In the case of complaints regarding the Products and their delivery, Buyers agree to contact the Sellers directly through Nopli within 72 hours of receiving the order.

If the item does not conform to the description made by the seller (wrong size, defect, hidden stain in the photos, etc.), return shipping will be free, and a partial or full refund may be issued.

ARTICLE 7 - PAYMENT METHOD FOR THE SELLER

When listing their Product(s) for sale, the Seller is invited to choose between:

7.1 Voucher

Once the Product is sold and the Transaction is finalized, the Selling Price will be increased by 20% and sent to the Seller via email in the form of a Voucher that can be used on the website https://www.sophieandlucie.com/

Vouchers have a validity period of 12 months from the date of issue.

Vouchers allow the payment of an amount equal to their value or higher, with the payment of the difference. They are not exchangeable for cash and will not be replaced in case of loss or theft. In case of a return, your voucher will be refunded by Sophie & Lucie in the form of a credit.

7.2 Bank Transfer

The sale amount can be transferred directly to the Seller's bank account (by providing their RIB/IBAN).

However, direct payment will only be possible after undergoing STRIPE's identity verification process.

Your IBAN and identification documents are not accessible by Nopli. This information will be securely transmitted directly to STRIPE. This information is recorded by STRIPE to facilitate the transfer of the amount from your electronic wallet to your bank account.

ARTICLE 8 - FINANCIAL TERMS

Registration on the Site and the Services for creating and managing Listings are provided free of charge.

8.1 Nopli Commission

If the Seller chooses the Voucher option, no commission on the Sale will be charged.

If the Seller chooses the Bank Transfer option, in consideration for connecting Sellers and Buyers, a commission of 15% of the selling price (the "Commission") is owed by Sellers to Nopli.

Nopli reserves the right, at its sole discretion and under terms it will solely determine, to offer promotional offers or reductions of its Commission.

The Commission is deducted from the price paid by Buyers excluding transportation and service fees and is collected directly at the time of sale payment.

Nopli will invoice the Commission to Sellers by any useful means.

Nopli's Commission is directly settled via STRIPE at the time of the transaction payment.

The percentage of the Commission may be revised at any time non-retroactively on already published listings, and Users will be informed.

ARTICLE 9 - PERSONAL DATA

Nopli collects and processes personal data as outlined in the Privacy Policy.

ARTICLE 10 - OBLIGATIONS OF USERS

Users agree, in their use of the Services, to comply with applicable laws and regulations and not to infringe upon the rights of third parties or public order.

Users are required to meet their tax and social obligations related to transactions conducted between them (applicable tax and social systems, reporting obligations). These obligations and the related penalties are listed on the websites whose hyperlinks are provided below:

• www.impots.gouv.fr
• www.impots.gouv.fr/portail/node/10841
• www.securite-sociale.fr

Users acknowledge having reviewed the characteristics and constraints, particularly technical, of all Services on the Site.

They are solely responsible for their use of the Services, particularly the relationships they establish among themselves and the information they communicate within the Services, with Nopli only intervening to connect them.

Users agree to use the Services strictly for personal purposes. They therefore prohibit themselves from assigning, granting, or transferring all or part of their rights or obligations under these terms to any third party in any way.

Users agree to provide Nopli or other Users, within the framework of the Services, only accurate, up-to-date, and sincere information or data that are free from any misleading nature or that could induce errors. They agree to update this information so that it always meets the above criteria.

They agree to provide Nopli with all necessary information for the proper execution of the Services and, more generally, to actively cooperate with Nopli to ensure the proper execution of these terms.

ARTICLE 11 - PROHIBITED BEHAVIORS

It is strictly prohibited to use the services for the following purposes:

• Engaging in illegal, fraudulent activities or infringing on the rights or security of third parties,
• Disrupting public order or violating applicable laws and regulations,
• Intruding into a third party's computer system or any activity that could harm, control, interfere with, or intercept any part of a third party's computer system, or violate its integrity or security,
• Sending unsolicited emails and/or commercial solicitation,
• Manipulations intended to improve the ranking of a third-party site,
• Collecting and aggregating any information present on the Site without express permission from Nopli,
• Assisting or encouraging, in any form and manner, one or more of the acts and activities described above,
• And more generally, any practice that diverts the Services from the purposes for which they were designed.

It is strictly prohibited for Users to copy and/or divert for their own purposes or for those of third parties the concept, technologies, or any other element of the Site.

Also strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) all intrusions or attempted intrusions into Nopli's systems, (iii) any diversion of the Site's system resources, (iv) any actions that would impose a disproportionate burden on its infrastructure, (v) any violations of security and authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of Nopli or its Site users, and finally, more generally (vii) any breach of these general terms. (viii) It is strictly prohibited to monetize, sell, or grant any or all access to the Services or the Site, as well as the information hosted and/or shared therein.

ARTICLE 12 - OBLIGATIONS OF NOPLI

Nopli commits to providing the Services diligently and according to professional standards, specifying that it has an obligation of means, excluding any obligation of result, which Users expressly acknowledge and accept.

Content harmful to a third party can be reported to Nopli according to the provisions of Article 6 I 5 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, Nopli reserving the right to take the measures it deems necessary.

Nopli acts as a broker by providing Sellers and Buyers with a platform, as well as tools and technical means to enable them to connect for the purpose of buying and/or selling Products through the Site. Its responsibility is limited to providing these means, as described herein.

Nopli does not guarantee the completion of transactions, nor the proper execution of contracts concluded between Buyers and Sellers. It also does not provide any guarantee to Sellers regarding market access or customer volume, nor is it liable to Sellers for any guarantees concerning the number and diversity of Products offered for sale.

Nopli is not a party to the contracts concluded between Sellers and Buyers and cannot be held responsible for any difficulties that may arise during the conclusion or execution of these contracts.

Nopli also does not physically possess the Products sold through the Site. It therefore does not provide any guarantees regarding (i) the compliance of Offers with applicable laws and regulations, (ii) the compliance of Products, their packaging and/or labeling with legal and regulatory provisions, (iii) the compliance of Product delivery with contractual stipulations and the existence of possible hidden defects, (iv) risks related to transport, storage, preservation, and delivery of Products, or (v) compliance with hygiene and maintenance rules, particularly regarding distribution sites.

Nopli disclaims any liability for the potential loss of information accessible in Users' Personal Spaces, as they must keep a copy of such information and cannot claim any compensation in this regard.

Nopli commits to regularly conduct checks to verify the operation and accessibility of the Site. To this end, Nopli reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Nopli cannot be held responsible for any temporary difficulties or impossibilities of accessing the Site that originate from circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.

Nopli does not guarantee Users (i) that the Services, subject to ongoing research to improve their performance and progress, will be completely free of errors, defects, or flaws, (ii) that the Services, being standard and not offered solely for the benefit of a given User based on their personal constraints, will specifically meet their needs and expectations.

In any case, Nopli's liability under these terms is expressly limited to direct damages suffered by Users.

At any time and for any reason, Nopli reserves the right to terminate the services offered by the Site.

Article 13 - INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases, and any content (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Nopli on the Site are protected by all intellectual property rights or database producer rights in effect. All disassemblies, decompilations, decryptions, extractions, reuse, copies, and more generally, any reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without Nopli's permission are strictly prohibited and may be subject to legal action.