Terms & Conditions

THE TERMS

99 things.ch ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, together with our privacy policy and any other documents and policies referred to in these terms, (collectively, the Terms of Sales "T&C").

Please read the T&C carefully before placing any orders on www.99things.ch. We recommend that you keep a copy of the T&C for future reference. We may modify the T&C from time to time. Please read the T&C and check back often.

The terms outlined in this document apply when products available through the Site are supplied to you and when you use the Site, whether as a guest or a registered user. Please read these terms carefully before you submit your order. These terms tell you who we are, the role provided by us, the role of each partner as the seller of the products, how products are provided to you, how your contract may be changed or ended, what to do if there is a problem and other important information.

We draw your attention to our policies relating to purchase terms within the T&C and our Privacy Policy. We reserve the right to only accept orders from those over 18.

We may modify the T&C from time to time. Please read the T&C and check back often. If you do not agree to any change to the T&C, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless required by law.

ACCEPTANCE OF TERMS

If you continue to use the Website, it means that you are "the User":

• Declares to have read and understood the content of these Terms & Conditions.

• Agrees to respect the obligations and rules contained in this Website.

• Declares that you have been informed of your rights regarding your personal data as set out in our "Privacy Statement."

• Declares that all the information provided is accurate and exact, without limitations, reservations, or falsehoods, and is responsible for erroneous, false, or inaccurate statements.

INFORMATION ABOUT US AND HOW TO CONTACT US

WHO WE ARE

99 THINGS is a multivendor site and trading name of LA MUSE SARL, a company registered in Switzerland, at 7 rue du Vieux-Collège, 1204 Geneva, Company number and VAT number CHE 357 378 437.

ABOUT 99 THINGS.CH

99things.ch is a shopping platform dedicated to independent brands and designers in women’s fashion & accessories, men’s fashion & accessories, cosmetics, and lifestyle. 99things.ch promotes artists in all forms of liberal arts, visual arts, and musicians to give independent brands a voice and to promote the brands and their products in Switzerland and worldwide.

OUR MISSION

99things.ch unites independent brands and talents in an online community that is truly stronger together, connecting our partners with our clients in an authentic and meaningful way. We strive to build a genuine connection between creative talents and their customers in the world of e-business.

HOW TO CONTACT US

• by email to hi@99things.ch or

• by post to LA MUSE SARL, 7 Rue du Vieux-College, 1204 Geneva, Switzerland, marked for the attention of 99 THINGS.

WHY WE MAY CONTACT YOU

If we have to contact you, we will do so by writing to you (including email and WhatsApp Messages) using the telephone number, email address, or postal address you provided to us in your order. We will only contact you by phone for any issues related to your purchase, order, and fulfillment of your order, including our order's delivery.

YOUR CLIENT ACCOUNT

Registration is not required to access the website; however, to use some of the services or features, including when placing an order, you will need to register for a client account.

The mandatory information you need to provide is the Title, Full name, Email, Password, Phone number, billing, and shipping address.

Please note that you must provide information about yourself that is true, accurate, current, and complete in all respects when you register an account. Should any of your registration information change, please update your account accordingly or notify us immediately at the following email address hi@99things.ch

Here are some of the benefits you'll be able to enjoy by registering with 99thing.ch

• Place an order, track your orders and review past purchases

• Request your return or exchange directly from your account

• Create your personal wish list

• Set up an alert for a product out of stock

• Save your address and card details so you can shop even quicker next time

• Manage your account details, address book, and email preferences

• To create an account, click on SIGN IN and then REGISTER NOW to fill in your details.

The account password you create should be unique and kept secure. We do not have access to your password, so if you have forgotten your password, you need to follow the 'Forgotten password' instructions on our page. You must notify 99things.ch immediately of any breach of security or unauthorized use of your account.

Should you need any help with your account, please do not hesitate to contact our Customer Advisor Team. However, please note that we can only communicate with the named account holder about any questions regarding an account.

YOUR CONTRACT

MULTI-VENDOR MARKETPLACE

99 Things.ch is a multi-vendor marketplace allowing third-party sellers to list and sell products on the site for you to purchase. When you are buying products, you are purchasing them from our partners, not from us. While we help facilitate transactions on the website, we provide a venue for you to buy products from the partner under these terms of sale.

The contract of sale is between you and the partner, and we are not a party to the agreement, nor are we obliged to enforce or execute fulfillment of any contract. Instead, our role is to provide the venue and act as the commercial agent of that partner in concluding the sale to you.

The partner is responsible for the contract with you and the sale and delivery of products and dealing with any claims that you have about the product or arising out of or in connection with the contract and the products subject to that contract.

We will provide support to assist with any issues you have, but ultimately the responsibility for this falls to our partners.

PRODUCT DISCLOSURE

The products offered for sale are those presented on the site 99things.ch, the day of the consultation of the site by the customer, and this is within the limit of stocks available.

The description of the products is as faithful as possible, as well as the presented photographs. However, Photographs cannot be perfectly similar to the product sold, and an error in updating information concerning products cannot, however, engage the responsibility of 99things.ch.

The simultaneous placing in the basket of the same article by several customers can lead to an error in managing available stocks. If our partners no longer have the requested item in stock, we will not fulfill your order. In both cases, the responsibility of 99things.ch and LA MUSE SARL cannot be engaged. 99things.ch will reimburse the purchase of an article that is not available on the card used for the initial payment or offer you credit over the whole of the site.

PRICING POLICY

Prices shown on the Site are in Swiss Franc or EURO (dependent on the country/region you are shipping to) and are inclusive of VAT at the applicable rate, excluding your participation in shipping costs (see paragraph Shipping and Delivery).

We may adapt prices to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current when your order is accepted, except in cases of patent error.

Customers purchasing from a country served as DDP will incur relevant import duties and tax upon delivery. These costs are not included in the final purchase price.

If your credit/debit card is not denominated in CHF or Euros, the final price will be calculated with the applicable exchange rate on the day your card issuer processes the transaction.

SALES PRICE ADJUSTMENT

99 THINGS is happy to offer a Sale Price Adjustment on items purchased up to 7 days before the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase when your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your 99 THINGS account in the form of a store credit, which will be valid for 12 months.

Any article bought during sales or promotional period cannot benefit from this sales price adjustment, even in the event of further mark-downs.

PAYMENT METHODS

The payment methods include all major credit and debit cards, the Swiss Postcard, Twint, and Sumo payment plans on selected and subject to acceptance. Payment data are conserved by the organization responsible for the specific financial transaction.

The payment is effective immediately.

The information you provide when placing your order and your credit card payment information is subject to automated data processing by our payment portal partners. This automated data processing is intended to define a level of analysis of transactions and fight against credit card fraud, theft, and improper use of your identity.

We take reasonable care to make our website secure. All credit/ debit card transactions on this Site are processed using a secure online payment gateway that encrypts your card details in a safe host environment. In the absence of clear negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PLACING AN ORDER

To place an order, you must add items to your Shopping Bag, validate the contents of your cart, enter your billing- and shipping address, select your delivery option and choose your payment method to complete your order. The customer will be able to visualize during these different stages the details of his order and its total price and make any modifications before confirming his/her order to express his acceptance.

All orders are subject to acceptance and availability, and items in your Shopping Bag are not reserved and may be purchased by other customers. When you place an order on 99things.ch, this is an offer to the partner to buy the product(s) stated in your order.

You will almost immediately receive an acknowledgment email confirming receipt of your order. This email is not an acceptance of your order, just a confirmation that we have received it.

The offer is only accepted when you receive our email confirming that the partner has accepted your order. At this point, a contract will come into existence, and you will receive a new order confirmation per email.

ACCEPTANCE OF YOUR ORDER

As 99 Things is a multi-vendor marketplace, all our orders are subject to availability. If your order can not be accepted, we will inform you of this in writing by email as soon as possible, and we will return any payment you have made for the purchase to you.

Possible reasons why we may not be able to accept your order:

• The product is out of stock.

• We identified an error in the price or description of the product.

• We cannot meet your specified delivery deadline. • It is not possible to deliver the product to you. • Your payment was not authorized.

• Governmental restrictions (for example Coronavirus Measures) and unforeseen circumstances.

GIFT CARDS

The customer can buy one or more gift cards on the site 99things.ch These cards are valid for one year and are only valid throughout the Site 99things.ch

You can not combine gift cards, and it is not possible to receive a cash refund of a gift card. All gift cards will be sent automatically by email within 2 days after the payment and by post at the customer's request.

The beneficiary of the gift card receives a code by email that he can enter at checkout. The code is valid for one year from the purchase date of the gift card.

RETENTION OF TITLE

Every sale is concluded between either of the following 2 parties:

• 99things.ch (represented by LA MUSE SARL) and the Customer

• One or several Partner(s) of 99things.ch and the Customer.

99things.ch and our respective partner(s) remain the owner of the goods until full payment of the price by the Customer. The buyer owns the property as soon as the payment is made, no matter what the delivery date is.

SHIPPING AND DELIVERY

SHIPPING ZONES

We ship orders to:

• Switzerland and UK

• European Union

• Rest of the world (if your country is not listed, please contact us to enquire about shipping costs)

DISPATCH

All orders placed on the site 99things.ch are prepared within 24 - 48 hours from the payment validation. We will contact you by email once your order is ready to be dispatched with an estimated delivery date.

SHIPPING COSTS AND DELIVERY TIMES

The shipping costs for your order depend on your shipping country and are clearly indicated at check out. Discount codes cannot be applied on shipping costs apart from a code for “free shipping”.

Delivery times appearing on the Site are estimates and are used as a guide only and start from the date the courier has picked up your order. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order.

99things.ch and our partners are not responsible for any delays caused by destination customs clearance processes. If any event outside of our control delays delivery, we will inform you as soon as possible and take steps to minimize the effect of the delay but will not be liable for delays caused by the event.

PACKAGING

We package your order following the international transport standards in force and ensure products are well protected during transport and arrive in pristine conditions. We ask our customers to respect the same standards when returning a purchase to keep products safe and sound. Any damage noted to a product arising from the product not being repackaged properly may lead to only a partial refund or no refund if it is impossible to resale the product in its current state.

Please note that we reuse boxes from our partners and other companies in order to keep our environmental impact as low as possible.

GIFT WRAPPING

99things.ch offers its customers a gift-wrapping service for non-bulky objects, such as clothing and accessories and other similar small items. Bulky or cumbersome objects cannot benefit from proper gift wrapping.

RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION

It is the Customer's responsibility to inspect a parcel upon reception in the presence of the deliveryman and notify the transporter and 99things.ch of any anomaly (bumps, damage to the parcel, late delivery times) within 48 hours. If such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by 99things.ch

If your package arrives damaged, please save the shipping box, the respective products, and all receipts. Please take a picture clearly showing the damage and send us as soon as possible an email to hi@99things.ch to notify us of the damage so that we can contact the transporter on your behalf.

DELAYS IN DELIVERY RELATED TO THE TRANSPORTER

In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its local distribution office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must send an email to our Customer Services at hi@99things.ch to investigate and search for the parcel.

If a parcel has been misplaced and then found, it will be sent immediately to the Customer's residence. If we can not locate the package within 30 days, the Customer can ask that the same product be sent again (subject to availability), at 99things.ch's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, 99things.ch will refund the amount paid for the products concerned lost by the transporter.

There may be circumstances where delivery is delayed because of events beyond our reasonable control, such as during the Covid-19 epidemic. In such cases, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused by the delay.

RETURNS

DEADLINE FOR RETURNS

The customer has a total of 15 days from receipt of his package to return to us. You must therefore deposit the return package with your local post office, courier or Päckli-Point no later than 15 days after receipt of the order (proof of posting)

Return Address:

LA MUSE SARL Att: 99 Things Customer Team 7 rue du Vieux-Collège 1204 Geneva Switzerland

HOW TO RETURN AN ITEM

To exercise your right of withdrawal, the customer must send an email to hi@99things.ch to advise the return of an order (whole or partially). Please enclose the return document which you can download here.

Products have to be kept in good condition and be put back in their original packaging, over which must be added another packaging fully wrapping the product.

Only items that bear no visible signs of use and have all of their accessories intact, including all etiquettes, may be returned.

EXCLUSIONS

The Customer has no right to return items that cannot be reshipped because of their inherent nature as they are likely to deteriorate or expire quickly. For hygienic reasons, we cannot accept the return of cosmetics, perfumes, or earrings and for delivery restrictions, we cannot accept the return of inflammable products like nail polish or aerosol.

RETURN COST

In Switzerland, the return costs are offered by 99 things. To exercise your right of withdrawal, the customer must send an email to hi@99things.ch to receive a valid return label. You must use the return label provided and ensure that you send the delivery slip required to reimburse your order. You can then bring the return to your nearest http://www.paeckli-punkt.ch

If you choose another return method (Swiss Post or Courier), you need to provide us with a tracking number and are responsible for the return costs.

For our international customers, returns are the customer's responsibility, handling the practical details and bearing the expenses. Under no circumstances shall either 99things.ch, La Muse Sarl, or our partners be held responsible for organizing the returned order shipment. However, you can always contact us to receive a quote for the return, which we will later deduct from the total amount to be refunded to you.

QUALITY CONTROL OF RETURNS

On receipt of the package, our team at 99things.ch will check the condition of the goods returned.

All products must be returned in a new and unused state, in perfect conditions, with all protective materials and designer tags attached to them (if applicable). This also includes all packaging, accessories, and authenticity cards/dust bags. In addition, Sanitary labels must be intact.

We reserve the right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way.

We will inform you if we cannot accept your refund or propose to reduce your refund for this reason. In this instance, you may (as an alternative to us providing you with a reduced refund) choose to have the products sent back to you at your own expense.

Items on final sale (above 50%) cannot be returned. The discount on Sale items is non-transferable, non-exchangeable, and no cash alternative is offered.

REPEAT RETURNS

To protect our partners from fraud, we may refuse customers returning items repeatedly at our discretion.

FAULTY GOODS

All articles offered by 99things.ch, are subject to the legal warranty currently in force in Switzerland. If the Customer makes us aware of an apparent defect, lack of conformity, or hidden defect of a product, we will thoroughly review the claim. If the claim is valid, we will either aim to replace the product or reimburse the Customer.

99things.ch cannot be held responsible for the improper use, overuse, or improper care of an item by the Customer.

In the case of a recall by a supplier or a defect found by 99things.ch between the order and the shipping, 99things.ch will offer you the exchange of the reference or the refund of the article concerned. However, 99things.ch does not offer a commercial guarantee.

REFUNDS

After checking that your return meets the above-mentioned conditions, we will refund the amount matching the returned items, except for the initial shipping fees and custom duties, as these costs have been incurred.

Orders will be refunded within 10 business days of counting the receipt and verification of the return package on the bank card or payment method used for the initial payment.

99things.ch will not issue any cash refunds if the return includes an item paid by a gift card.

In case of receipt of a return package whose content does not comply with the request for return or whose items do not meet the conditions mentioned above, 99things.ch reserves the right to exercise all corresponding recovery actions with the customer.

OUR RESPONSIBILITIES

SHOPPING AT 99THINGS.CH

The products on offer at 99things.ch conform to Swiss legislation and norms in force at the time of order. 99things.ch cannot be held responsible for non-observance of legislation in the country where the product is delivered.

It is up to the customer to check with the local authorities on the laws governing the import or use of the products they wish to order. 99things.ch cannot be held responsible for inconvenience and losses relating to the use of the Internet, particularly a breakdown in the service, the presence of computer viruses or external intrusions, and more generally, all cases defined by the courts as outside our control or committed by third parties.

THIRD-PARTY CONTENT

The 99things.ch site contains hypertext links that can refer to other websites. You can not engage the responsibility of 99things.ch for the content of these sites if they contravened the legal provisions and regulations in force.

WEBSITE CONTENT

Although we do our utmost to ensure that all website content of the website 99things.ch is accurate and valid, we cannot be held responsible for any errors or corrections in the product description, prices, or colors of a product.

We have made every effort to display the color of the products featured on 99things.ch as accurately as possible, however as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

OUR PARTNERS

If you concluded your contract via 99things.ch by purchasing an item from one of our partners, the partner is legally responsible for the good execution of the contract concluded with the customer.

However, the partner cannot be held liable for non-performance or improper performance of the contract concluded in the event of force majeure or an event attributable to the customer.

FORCE MAJEURE

Neither of the two parties will have failed in its contractual obligations if execution is delayed, blocked, or prevented by Force majeure.

We consider all circumstances beyond the control of the two parties that are unforeseeable, inevitable, independent of the parties' will, and could not be prevented by them, despite all reasonably possible efforts, to fall under Force majeure.

The party affected by such circumstances will warn the other party within five working days from the date the first party learned of it. After ten days, if circumstances persist, both parties will be released from their respective obligations unless they agree differently.

Force majeure includes the following events:

• Unpredictable and insurmountable damage inherent in the use of the Internet, including a break in the service, an intrusion, or the presence of computer viruses

• Civil unrest.

• Quarantines, lockouts, or governmental injunctions, including but not limited to Covid and other epidemic events

• All-out strikes or partial ones, external or within the company

• Blockage of supplies or transport for whatever reason

• Legal or governmental restrictions including Covid- regulations or pandemic restrictions

• Breakdown of computers or telecommunications or other vital networks

• Earthquakes, fires, storms, floods, lightning

INTELLECTUAL PROPERTY

All graphics, illustrations, photographs, including all image rights, sounds, music, video, audio text, third party trademarks, designs, images, and text on 99things.ch, as well as the software, codes, and HTML contained on this Site, are protected under Swiss and International intellectual property and copyright law and owned by either La Muse Sarl , 99things.ch or one of our partner(s).

As such and in accordance with the provisions of the Code of Intellectual Property, only private use, subject to different conditions, is allowed. Any total or partial reproduction of the site from 99things.ch is strictly forbidden unless previously agreed.

USE OF THE WEBSITE

The use of the 99things.ch Site is only authorized for personal noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine, or sell any Content, software, products, or services contained within this Site.

Commercial use of the website or any of its content is prohibited, including but not limited to:

• Reselling products purchased on the site to third parties

• Promoting another website or selling similar products on a website

• Advertising or generating advertising revenue on or for your or another party´s Website.

In addition to other prohibitions as set forth above, you are prohibited from using the site or its content:

• For any unlawful purpose.

• To solicit others to perform or participate in any illegal acts.

• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

• To submit false or misleading information.

• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.

• To collect or track the personal information of others.

• To spam, phish, pretext, spider, crawl, or scrape.

• For any obscene or immoral purpose.

• To interfere with or circumvent the security features of our Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and we reserve all rights and damages in this respect.

VALIDITY TERMS & CONDITIONS

A change of legislation, regulation, or a court decision that renders one or more clauses of these general sales conditions invalid will not affect the general validity of these Terms & Conditions.

Suppose a term or condition is not explicitly mentioned in our Terms & Conditions. In that case, it will be regarded conform to the standard practice in the sector of mail order and e-commerce sales by companies based in Switzerland.

Relations between 99things.ch and the Customer are controlled exclusively by the present conditions, excluding any other condition appearing on the www.99things.ch website. In case of doubt, it will be the English Version of these Terms & Conditions that prevails.

DURATION AND APPLICATION

The present Conditions apply throughout the time of all online services offered by 99things.ch. They can be modified at any time by 99things.ch. The Conditions applicable are those in force on the date of the registration of the order.

APPLICABLE LAWS

 

All clauses comprised in these general conditions of sale are subject to Swiss law. For any dispute concerning the relations between the client and either the platform 99things.ch or its publisher La Muse Sarl, the place of jurisdiction is at the headquarters of La Muse Sarl in Geneva, Switzerland.

CONSUMER OMBUDSMAN

In case of dispute with 99things.ch, its parent company La Muse Sarl or one of your partner(s), it is possible for the customer to contact a civil mediator based in Geneva, Switzerland. All issues and disputes must first pass through a civil mediator before any legal procedures can be undertaken.

 

ANY QUESTIONS?

 

For any information or question regarding our Terms & Conditions, please contact our Customer Service Team at hi@99things.ch or send us a letter to:

99things.ch

c/o La Muse Sarl 7 Rue du Vieux-Collège 1204 Geneva Switzerland.