Tabitha Simmons Suede Chelsea bootie with kitten heel

GUC! Purchased these tan/brown Tabitha Simmons suede Chelsea bootie with kitten heel and pointed toe from The Real Real and they are too small so have never worn. The size is 40 - I am typically a 9.5-10 but these were too small to wear comfortably - but just by a touch, so I wonder if they may be a French size 40, which correlates to a 9 based on the sizing chart shown from Nordstrom. They are truly the cutest boots I have ever seen!!! Normal signs of wear on the suede, particularly on the toe.