TERMS & CONDITIONS

Preamble

The trade website www.thekooples.com (hereinafter referred to as the "Website") is an electronic commerce website accessible via the internet and open to all users of the network (hereinafter referred to as "Internet User"). It is published by the company THE KOOPLES PRODUCTION (hereinafter referred to as "THE KOOPLES"), a Simplified Joint Stock Company with a capital of 5,645,070 euros whose head office is situated at 19, place Vendôme - 75001 Paris, Paris Trade and Company Register no. 507769164. Intracommunity VAT no.: FR07507769164

Tel.: (+33) (0)144779977
Email: contact@thekooples.com

The Website allows THE KOOPLES to offer textile products and accessories for sale under the brand name THE KOOPLES (hereinafter referred to as the "Products") to Internet Users browsing the Website (hereinafter referred to as "Customers".). For the application of the present, it is agreed that the Customer and THE KOOPLES will be collectively referred to as the "Parties" and individually referred to as the "Party", and that when the Customer has confirmed an order he will then be referred to as the "Purchaser".

These general conditions of sale apply to the United Kingdom.

All orders of a Product offered on the Website implies the Purchaser's acceptance of the general conditions of sale.

THE KOOPLES reserves the right to amend the present general conditions of sale at any time by publishing a new version on the Website. The general conditions of sale are those in force on the date on which the order is placed.

  1. Object
  2. Products & Prices
  3. Order
  4. Delivery
  5. Receipt of the order
  6. Right of withdrawal
  7. Guarantee
  8. Exchanges
  9. Data Processing and Civil Liberties
  10. Various stipulations

Article 1. Object

The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products proposed on the Website. They are applied with the exclusion of any other document..

Article 2. Products – Prices

2.1. Products

Only the Products appearing on the Website on the day on which it is consulted by the Customer are offered for sale. The Product offers are limited to the United Kingdom. The product and price offers are valid, while stocks last, for as long as they are visible on the website.

2.2. Prices

We do our best to ensure that information, descriptions and prices are correct. It is however possible that errors remain. If the price of an article that you have ordered proves incorrect, we will inform you as soon as possible and you will have the choice of confirming your order at the correct price or cancelling it. If we are unable to contact you, we will cancel the order.

Prices are indicated in pounds sterling and include VAT (20% on 1 January 2014).

Article 3. Order

3.1. Recording of the order

The Customer wishing to place an order chooses the various Products by clicking on "Add to bag".

At any time the Customer may:

  • check the number of Products contained in his basket and obtain detailed information about each of them by clicking on "My shopping bag";
  • continue selecting Products by clicking on the "Continue shopping" button;
  • complete his order by clicking on the "Confirm" button.

All new Customers must fill in the necessary fields to create a customer account. The Customer must complete the form accurately, providing the information necessary for his identification, including email address and a password of his choice (which will be personal and confidential) and which will be used later to identify him on the website.

All Customers already in possession of a customer account must identify themselves having clicked on "Confirm" by inserting their email address and password.

The Customer accepts that inserting these two pieces of identifying information serves as proof of his identity.

It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential.

Having acquainted himself with the order summary, once all the information requested has been completed by the Customer, and before payment, the latter acquaints himself with the general conditions of sale and attests to having done this by ticking the box provided.

3.2. Confirmation of the order

Confirmation of the basket constitutes an electronic signature. This signature has the same value between the Parties as a written signature and serves as proof of the completion of the order and the payability of the sums due to fulfil the order. As soon as the order is validated, the Customer becomes a Purchaser.

The Customer pays for the order by bank card (carte bleue, Visa, Eurocard/Mastercard/American Express), or by Paypal. If the Customer wishes to pay for his order by card, he must provide the number and, depending on the type of bank card used, the expiry date and the card security code.

3.3. Payment

The price owed by the Purchaser is the sum indicated on the order summary document. In any event, the sum debited will correspond to the Product(s) actually delivered. With the exception of payments by Paypal for which the debit takes place at the moment of validation of the payment by the Purchaser, the debit of the sum will take effect when the package is handed over to the forwarder.

It is stated that by choosing to pay by bank card the Purchaser will be automatically transferred to the Paybox payment server.

The server and the payment page are subject to security protection by the S.S.L. (Secure Socket Layer) encrypting system 3D Secure in order to protect all data concerning means of payment as effectively as possible, and guarantee that at no stage the Purchaser's bank details pass through THE KOOPLES' computer system..

3.4. Discount codes

Discount codes on user accounts: discount codes may be offered at any time to the holders of customer accounts. These discount codes can only be used for purchases carried out through the account for which the reduction code has been offered and registered.

Promotional discount codes: promotional discount codes applicable to all or some purchases made on the Website may be offered at any time.

3.5. Confirmation of receipt of the order

Following payment, an order summary document is sent to the Purchaser by email to the address indicated by him.

This document serves as conformation of receipt and contains all the elements forming the contract between the Parties.

Article 4. Delivery

THE KOOPLES will make every effort to deliver the order within an average of 24 to 48 hours and a maximum of 10 working days from the day following the confirmation of the order by the Purchaser. During the sales period, this delivery time may be extended to 15 days.

It is stated that the orders recorded on the www.thekooples.co.uk website on a Friday afternoon, Saturday or Sunday are processed the following Monday. Orders registered on the www.thekooples.co.uk website on a bank holiday other than a Friday, Saturday or Sunday are also processed the following working day.

The Products ordered by the Purchaser are delivered to the United Kingdom, to the address indicated by the Purchaser on the definitive confirmation page for his order, accompanied by a delivery slip. The Purchaser can have the Products delivered to an address other than his own. Delivery will not be guaranteed in the case of force majeure or industrial action by the transportation and/or postal services.

The articles are delivered subject to available stocks. Should the product ordered be unavailable, THE KOOPLES will honour the order for the other products. The Customer will only be invoiced for the products actually dispatched.

Article 5: Receipt of the order

Upon receipt of the order, the Purchaser will check the conformity of the Products received in fulfilment of the order. Any anomalies concerning the delivery (namely: missing or damaged products, damaged packages) must be notified, within 30 days of receipt of the Products.

IMPORTANT NOTE: The order will never be sent in several deliveries.

Unless there is a legitimate reason, any complaint made after the 30 day period following receipt of the Products will be considered inadmissible and THE KOOPLES cannot be held responsible.

THE KOOPLES reserves the right to ask the Purchaser to return the non-compliant or damaged Product.

In the case of anomalous or abusive returns, THE KOOPLES may refuse to fulfil any further orders.

Article 6. Right of withdrawal

The Purchaser has fourteen (14) days from the date of receipt of the Product(s) ordered in order to exercise his right of withdrawal, without the need to provide any reason.

The Purchaser will inform THE KOOPLES of his decision to withdraw via a clear, unambiguous declaration

By filling in the withdrawal form that may be accessed here. Should the Purchaser choose this option, THE KOOPLES will send confirmation of receipt of the withdrawal by email without delay.

Either by email to: serviceclients@thekooples.com

Or by mail to: serviceclients@thekooples.com

THE KOOPLES PRODUCTION
19, place Vendôme
75001 PARIS

The Purchaser must return the Product(s), at his own expense, in the original packaging and in perfect condition to the following address:

The Kooples
Attention Customer Care
Internet Returns
95 Marylebone High Street
W1U 4RJ LONDON
THE UNITED KINGDOM

Without excessive delay, and in any case, at the latest fourteen (14) days after having communicated the decision to withdraw.

The Purchaser cannot be held responsible for the depreciation of the goods resulting from the necessary handling to ensure the conformity of the Product(s) to his expectations.

Should the aforementioned conditions be fulfilled, THE KOOPLES will reimburse the Purchaser the full sum of his order, including the delivery fee (with the exception of any additional costs engendered by the fact that the Purchaser has selected a delivery method other than the least expensive standard delivery method proposed by THE KOOPLES), without excessive delay and, in any case, at the latest fourteen (14) days from the date on which the Purchaser's withdrawal decision was made known to THE KOOPLES.

THE KOOPLES may defer the refund until the returned Product(s) have been received.

THE KOOPLES will proceed with the refund using the same payment method that the Purchaser used for the initial transaction, unless the Parties agree on a different method. In any case, this refund will not occasion costs for the Purchaser.

Article 7. Guarantee

All our products benefit from the legal guarantee system, provided that they have been used in a normal manner and the maintenance advice has been followed.

Article L211-4 of the French Consumer Code

The vendor is required to deliver goods that conform to the contract and is accountable for any lack of conformity existing upon delivery.

It is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been made liable for this by the contract or this has been carried out under its responsibility.

Article L211-5 of the French Consumer Code

In order to conform to the contract, the goods must:

  1. Be suitable for the usage normally expected of similar goods, where applicable:
    • correspond to the description provided by the vendor and possess the qualities that the vendor presented to the purchaser in the form of a sample or model;
    • present the qualities that a purchaser may legitimately expect in view of the public declarations made by the vendor, the producer or its representative, notably in advertising or labelling;
  2. Or present the characteristics defined by common accord between the parties or be suitable for any special usage sought by the purchaser and made known to the vendor, which the latter has accepted.

Article L211-12 of the French Consumer Code
Action resulting from defects in conformity lapses after two years from the date of delivery of the article.

Article 1641 du code civil
The vendor is bound to a guarantee on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would have paid a lower price for it, had he been aware of them.

Article 1648 subsection 1 of the French Civil Code
The action resulting from latent defects must be brought by the purchaser within a two year period following the discovery of the defect.

Article 8. Exchanges

Without prejudice to the provisions of the legal guarantee, the Purchaser has thirty (30) days from the date of receipt to exchange the Product(s) at the store for an article or articles of the same or a higher value, or to return them to the address below to change the size, colour, or exchange it for a Product or Products of a value strictly identical to the Product(s) exchanged:

The Kooples
Attention Customer Care
Internet Returns
95 Marylebone High Street
W1U 4RJ LONDON
THE UNITED KINGDOM

Only articles returned within this time frame, in their original packaging, unwashed and unworn may be exchanged.

For every exchange, a return slip must be completed by the Customer in his customer account ("My Orders" tab then on the order concerned click on "Return a product").

If at the time of the exchange request the Product(s) is (are) no longer available, THE KOOPLES will provide a refund or credit for the sum of the purchase within fifteen (15) days from receipt of the Product(s) by THE KOOPLES.

The customer must pay the delivery charges for an exchange. OR THE KOOPLES will reimburse the customer the delivery charges for an exchange. A Royal Mail pre-paid returns label will be included in the package.

Article 9. Data Processing and Civil Liberties

9.1 Personal information and cookies

Nominative information

It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential and will not be shared with third parties, with the exception of any partners of THE KOOPLES. Failure to provide this information will lead to automatic rejection of the order.

In accordance with French law no. 78-17 of 6 January 1978 relating to Information Technology, Files and Civil Liberties, as amended by law on 6 August 2004, the processing of nominative information collected on the Website is subject to a declaration to the National Commission for Data Protection and Liberties.

The Customer has the right to access, amend, correct and delete any information regarding him. If he considers that the information regarding him does not reflect reality, is incomplete or inaccurate, he can request its correction, updating or deletion, by mail at the following address:

THE KOOPLES PRODUCTION
E-commerce department
19, place Vendôme
75001 Paris

Cookies

When consulting the Website, the information regarding browsing of the Website from the Customer's device (computer, tablet, smartphone, etc.) may be stored in "cookies" or files installed on the Customer's device, subject to the choices he has expressed regarding cookies. These choices notably result from the parameters of the Customer's browsing software used during his visit to the Website, which he can amend at any time. These cookies allow the browser to be recognised during the period of validity of the cookie concerned.

Functions of the cookies issued on the Website

The cookies issued by the Website are used for the purposes described below:

  • To create statistics and volumes regarding visits to and use of the various elements that make up the Website (sections and contents visited, route), allowing the relevance and ergonomics of the Website's services to be improved;
  • To memorise the information from a form completed by the Customer on the Website (registration or access to the Customer's account) or about the products, services or information selected by the User on the Website (services subscribed to, contents of an order basket, etc.);
  • To allow the Customer to access reserved and personal areas of the Website, such as his Customer account, using the username or data that may have been provided by the Customer on a previous occasion;
  • To implement security measures, such as when the Customer is asked to reconnect to contents or services after a certain interval of time has lapsed.

They only allow temporary data to be retained regarding the current session (articles selected, time spent on the site). The information collected is in no way nominative and is not saved from one session to the next.

Cookies issued on the Website by third parties

Cookies may be issued by third parties on the Website, allowing them in particular, during the duration of the validity of these cookies:

  • To record the number of visitors to the Website, notably for the purposes of statistics and/or invoicing;
  • To recognise the device of a Website user during his further browsing of any other site or service on which these third parties also issue cookies and, where necessary, to adapt these third party websites and services or the advertisements that they display to browsing on the Customer's device of which they may be aware.
Choices regarding Cookies

Several possibilities are open to the Customer in order to manage cookies. Any configuration that the Customer may have set up is liable to modify his internet browsing and his conditions of access to certain services requiring the use of cookies.

The Customer may decide at any moment to express and change his wishes regarding cookies, using the methods described below.

Choices offered by the Customer's browser software

The Customer can configure his browser software so that cookies are stored in his device or so that they are rejected, either systematically, or depending on their issuer. The Customer can also configure his browser software so that he is asked to accept or refuse cookies before a cookie may be stored in his device. For these purposes, the configuration of each browser is different. It is described in the browser's help menu, which explains how to change the cookie settings.

The storage of a cookie in the device is essentially subject to the wishes of the user, which may be expressed and changed at any time and free of charge through the choices offered to him by his browser software.

If the Customer has accepted the storage of cookies on his device through his software, the cookies integrated into the pages and contents that he consults may be stored temporarily in a dedicated area of the Customer's device. They will be readable only by their issuer.

If the Customer refuses the storage of cookies on his device, or if he deletes those that are registered there, he will no longer be able to benefit from a certain number of functions that are nevertheless necessary in order to browse certain areas of the Website. This would be the case if the Customer attempted to access the contents or services of the Website that require identification. This would also be the case when the Website could not recognise, for the purposes of technical accounting, the type of browser used by the Customer's device, his language and display settings or the country from which the device appeared to be connected to the internet.

Should the case arise, the Website declines all responsibility for any consequences connected to the reduced functioning of its services resulting from the impossibility of storing or consulting the cookies necessary for them to function and which the Customer has refused or deleted.

Choices expressed online directly on the Website

Please note, as awareness of the Customer's wishes relies on a cookie, if he deletes the cookies stored on his device (via his browser), the Website will no longer know that the Customer has chosen this option.

9.2 Web beacons

Certain pages of the Website may sometimes contain electronic images or "web beacons" which allow the number of visitors to the page or Website to be counted, and/or provide THE KOOPLES with a certain number of indicators.

These web beacons can be used with some of THE KOOPLES' partners, notably in order to measure and improve the visibility of certain pages and, more generally, the Website's effectiveness.

In any event, the information received via these beacons is strictly anonymous and simply allows statistics to be gathered regarding visits to certain pages of the Website, in order better to serve the users of the Website.

Article 10. Various stipulations

10.1. Force majeure

THE KOOPLES is not responsible for the total or partial non-fulfilment of its obligations regarding the present contract, if this non-fulfilment is caused by a case of force majeure, recognised as such by law.

The Parties agree, as soon as possible, to mutually decide on the way in which the order will be handled during the case of force majeure.

Beyond a period of one (1) month's interruption due to a case of force majeure, the Parties will be released from their obligations towards each other.

10.2. Entirety of the contract

The present general conditions of sale and the order summary sent to the Purchaser form a single contract containing the entirety of the agreements between the parties.

10.3 Conservation and archiving of the transactions

The archiving of invoices is carried out in a reliable and durable format so that it corresponds to a true and durable copy.

10.4 Applicable law – Competent jurisdictions

The present general conditions of sale and the contractual relations between THE KOOPLES and the Purchaser are subject to French law. In the case of litigation, exclusive authority is attributed to the competent French courts. THE KOOPLES is nonetheless committed to finding an amicable solution before any judicial action.

APPENDIX: WITHDRAWAL FORM MODEL

(Please complete and send this form only if you wish to withdraw from the contract)

To the attention of:

THE KOOPLES PRODUCTION
19, place Vendôme
75001 PARIS

I/We (*) hereby inform you (*) of my/our (*) withdrawal from the contract regarding the sale of the product(s) below:

...

Ordered on:

Received on:

Name of consumer:

Address of consumer:

Date:





(*) Delete as applicable