Terms of service

Welcome to 9 Septembre / Plus-Size Fashion! The terms “we”, “us” and “our” refer to 9 Septembre / Plus-Size Fashion. 9 Septembre / Plus-Size Fashion operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). 9 Septembre / Plus-Size Fashion uses the Shopify platform, which enables us to provide the Services to you.

The terms and conditions set out below, together with the policies referred to herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You are not permitted to transfer, sell, assign or license your account to any other person.

We have made every effort to display our products and services as accurately as possible in our online stores. Please note, however, that the colours or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown or displayed in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

When you place an order, you are making an offer to purchase. 9 Septembre / Plus-Size Fashion reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not considered accepted until written confirmation has been issued by 9 Septembre / Plus-Size Fashion. We must receive and process your payment before your order is confirmed.

Please review your order carefully before submitting it, as 9 Septembre / Plus-Size Fashion may not be able to accept cancellation requests once the order has been confirmed. If we refuse, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided when placing the order.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy [[LINK]].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect prices and that are governed by separate terms and conditions from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use the card for the purchase; (iii) the charges incurred will be honoured by your card issuer; and (iv) you will pay the charges incurred at the prices shown, including shipping and handling charges and all applicable taxes.

We cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates and are not guaranteed. We disclaim all responsibility for delays caused by carriers, customs procedures or any event beyond our control. Once the products are handed over to the carrier, ownership and risk of loss are transferred to you.

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of 9 Septembre / Plus-Size Fashion, its affiliates or licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms permit you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing shall be interpreted as granting you any licence or other right to any patent, trademark, copyright or other intellectual property of 9 Septembre / Plus-Size Fashion, Shopify or any third party. Any unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by 9 Septembre / Plus-Size Fashion.

The names, logos, product and service names, designs and slogans of 9 Septembre / Plus-Size Fashion are trademarks of 9 Septembre / Plus-Size Fashion, its affiliates or licensors. You may not use them without the prior written permission of 9 Septembre / Plus-Size Fashion.

The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

You may be given access to customer tools provided by third parties as part of the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement by us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms applicable to such tools as provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall be considered part of the Services and shall be subject to these Terms of Service.

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites, or to the purchase or use of any products, services, resources or content on such websites.

We encourage you to carefully review third-party policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

9 Septembre / Plus-Size Fashion is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made through our Store is made directly with 9 Septembre / Plus-Size Fashion.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and 9 Septembre / Plus-Size Fashion, including any damage, injury or loss resulting from products or services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchase and transaction with 9 Septembre / Plus-Size Fashion.

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here⁠ ici.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them.

Information you submit through the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries different from the one in which you reside, in order to provide the Services to you.

Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.

We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, data protection, privacy, personality rights or other personal or proprietary rights.

You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, nor any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or by any third party.

The Services may occasionally contain information that includes typographical errors, inaccuracies or omissions, including information relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

You may access and use the Services only for lawful purposes.

You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in any way that infringes the intellectual property rights of 9 Septembre / Plus-Size Fashion, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including “spam”, “chain letters”, “junk mail” or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that may restrict or inhibit another person’s use or enjoyment of the Services, or which, in our judgment, may harm 9 Septembre / Plus-Size Fashion, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping, data gathering or extraction tools, automated devices, AI tools, including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorisation features, robot exclusion headers or any other measures we implement to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

14.1 This section, the “Agent Terms”, applies if you use, authorise, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and which may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the terms set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have instructed that Agent not to access, use or interact with any Service.

14.3 We may limit, including through technical measures, the ability of and manner in which an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following statement in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that access, use or interactions originate from an Agent, including by (a) imitating human behaviour or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control Agents’ access to, use of or interaction with the Services.

We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision which by its nature should survive termination.

The information presented on or through the Services is made available solely for general informational purposes.

We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk