TERMS & CONDITIONS
The market site www.thekooples.com and www.thekooples.co.uk (hereinafter named the “Site”) is a site of electronic commerce accessible through the internet, open to all users of this medium (hereinafter named “Internet users”). It is edited by the company The Kooples Production (hereinafter named “The Kooples”), SAS with a capital of 5 645 070 Euros, the headquarters are located at 19 place Vendôme 75001 Paris, signed with the “Registre du commerce et des Societés de Paris” under the number 507 769 164.f
The site allows The Kooples to offer textile products and accessories for sale with The Kooples brand or any of their business partners (hereinafter named “products”) to internet users that navigate on the site (hereinafter named “clients”). For the application of the presenters, it is decided that the Client and The Kooples will be collectively named “Parties” and individually named “Party”, and that the client that has validated an order will be named “Buyer”.
All orders of a Product offered on the Site imply the Buyer to adhere to the following terms and conditions of sale.
The Kooples reserves the right to modify at any moment the present terms and conditions of sale by publishing a new version on the Site. The general terms and conditions of sale are those that at are put in place on the date the purchase is made.
Article 1. Object
The current terms and conditions of sale govern the rights and obligations of the Parties resulting in the on line sale of Products offered on the Site, these apply with the exclusion of any other document.
Only the products featured on the Site on the day it is consulted by the Client are offered for sale. The products offered are limited to the European Union area. The offer of product and price are available, within limits of available stock, as long as they are offered on the Site.
The photographs reproduced and illustrating the presented products are not contractual.
The prices are indicated in Euros and Pounds all taxes included (UK tax on www.thekooples.co.uk and FR tax on www.thekooples.com).
The prices that are applied are the ones figuring on the Site at the time the order is being made.
The sum of the all-inclusive price of the fees for preparation and delivery will be communicated to the client on the receipt summary, before the validation of the aforementioned document.
3.1 Registering the Order
The Client that wishes to make an order chooses the item or items of his or her choice by clicking on “Add to basket”
At any time the Client can:
-Verify the number of Products in his basket and obtain detailed information on each item by clicking on “My Basket”,
- Continue selecting products by clicking on “Keep shopping”
A new Client must fill out all required fields of information in order to create his or her client account. The Client must fill out the form given to him or her with exactitude, which will include the information needed to determine his identification, including his electronic address and a password of his or her choosing (which will be personal to him as well as confidential) which will in turn allow him or her to identify himself on the site.
Every client that already has a password must identify himself after clicking on “Confirm”, by entering his or her email address and his or her password.
The Client accepts that this method of identification can prove his or her identity.
It is an obligation to provide the nominative information to be a vendor from a distance, this information is necessary for the treatment and delivery of orders, and for the purpose of billing. This information is strictly confidential.
After having made an order, and once all of the information required has been completed by the Client, he or she will be aware of the general terms and conditions of sale to which he will agree to by checking off the square.
3.2 Validation of the order
The validation of the confirmation of the basket constitutes as an electronic signature. To the Parties this signature is the equivalent to a signed manuscript and is proof of the integrity of the order and the payability of the sum due of the said order.
Once he or she has validated the order, the Client becomes a buyer.
Notwithstanding the application of article R624-3 of the penal code, the Client will pay his or her order with a banking card (carte bleu, Visa, Eurocard/Mastercard). If the Client wishes to make payment with a bank card, he or she must provide the bank card number. The type of card the expiration date as well as the cryptogram will need to be provided.
The price owed by the Buyer is the amount indicated on the summary note of the order. In any case, the amount debited will correspond to the Product(s) to be delivered (Paypal payment with immediate debit excluded).
It is specified that when choosing a bank card as a method of payment the buyer is transferred automatically towards the electronic banking server at Paybox.
The bank server and payment page are secured through a S.S.L. (Secure Socket Layer) encryption in order to better protect all the information linked to this method of payment, and at no given time is the Buyer’s banking information in transit on the The Kooples computer system.
3.4. Acknowledgement of Receipt of order
Once payment has been made, a summary document of the order is sent to the Buyer to his or her electronic address.
This document serves as an acknowledgment of receipt and is a summary of all the items included in the contract between parties.
The Kooples will do everything within its means so that the delivery of the order will be made on average between 1 to 5 days, and up to 10 days, counting from the following day the order has been validated by the buyer. It is specified that orders made on the web site www.thekooples .com and www.thekooples.co.uk on; Friday afternoon, Saturday or Sunday will be processed the following Monday. Orders that are made on the web site www.the kooples.com or www.thekooples.co.uk on public holidays other than on a Friday, Saturday and Sunday will also be processed the next opening day.
The items ordered by the Buyer will only be delivered within EU borders to the address provided by the Buyer on the validation page for his order, along with a delivery slip. The Buyer has the possibility to have the products delivered to a different address than his own. The delivery will not be insured in case of an extraneous circumstance, transportation strike and/or postal services strike.
Products will be sent as long as stocks last. If a product is sold out, The Kooples will send out the other Products, the Buyer will be invoiced for the shipped Products. The Kooples will proceed the refund of the difference on Paypal as soon as possible.
Upon reception of the order, the Buyer will verify the conformity of the Products received following the execution of the order. Any anomalies concerning the delivery (for example: missing or damaged Product, damaged packaging) must be notified imperatively, in the 30 days following the reception of the Products.
IMPORTANT NOTICE: The order may be delivered in several instances.
Unless there be a legitimate motive, any claim that is made after the 30 days following the reception of the Products will be considered inadmissible, The Kooples will not be liable.
The Kooples reserves the right to ask the Buyer to return the Product if it is non-compliant or damaged.
In the case of an abnormal or improper return, The Kooples can refuse any other orders.
The Buyer is entitled to a delay of thirty (30) business days counting from the date of reception to return, at his or her own charge, the Product(s) that he or she has ordered. The Product(s) will have to be returned in its original packaging.
If the conditions mentioned above are fulfilled, The Kooples will reimburse the Buyer for the total amount of his order, within fifteen (15) days of the reception of the Products by The Kooples, excluding the charges incurred when sending the Products back which is the Buyers charge to bear.
All our products benefit of a legal guarantee, abiding that the use of said product was normal and that instructions be adhered to.
Article L211-4 of the consumer code
The vendor is obliged to deliver goods that are in adherence to the contract and to answer to defects that do not adhere to conformity existing when said product is delivered.
Article L211-5 of the consumer code
To conform to the contract, the goods must:
1° must be suited for the habitual type of usage expected from a similar good:
- Correspond to the description given by the vendor and posses the quality that the aforementioned presented to the Buyer in sample or model form;
- Present the qualities that a Buyer could legitimately expect and in relevance to the public declarations made by the vendor, by the producer or by their representative, notably in advertisements or labeling;
2° Or present characteristics defined by a common agreement by the parties or be applied to all special usage sought by the Buyer, which the vendor was aware of and accepted.
Article L211-12 of the consumer code
The operation resulting in a default to the conformity has a statue of limitations from two years starting from the delivery of the good.
Article 1641 of the civil code
The vendor is obliged to guarantee in the case of hidden defaults of the product sold which render it improper to the use is destined to, or that it restricts so much that usage, that the Buyer would not have purchased it, or would have bought it for a fraction of the price, if he had known they existed.
Article 1648 Indentation 1 of the civil code
The event that is the result of insurmountable vices must pursue legal action within a two-year delay of the discovery of said vice.
Without prejudice of the disposition of legal guarantee, the Buyer is given a delay of thirty (30) work days starting from the date the Product(s) are received for them to be returned at his own expense so that they can be exchanged. Only the items returned within this delay, in their original packaging unwashed and never worn will be subject to an exchange.
The orders placed on our websites thekooples.com and thekooples.co.uk can be exchanged for free:
- In store where only exchanges for a higher or equal amount are accepted on the current collection. No refund nor credit note will be issued. For any exchange request in store, the Buyer will have to present his order confirmation (available on the online account) and ID card and fulfil the above return conditions.
- By post after having filled in the return form (available in your Customer Account, My Orders, Return a product). Return costs for an exchange or a credit note for purchases made from France or UK are refunded on a fix rate on the Buyer account as a credit memo on demand : 6€ for French parcel, £9 for UK ones and 10€ for another European country. For a REFUND, the return of an item is at customer's cost. For all returns concerning a faulty item, the shipping costs will be refunded up to a limit of 20£.
If the Product(s) asked for are no longer available at the time the request for exchange is being made, The Kooples will reimburse the The Kooples Product(s) for their original price within fifteen (15) days of reception.
Article 9. Computing and rights
9.1. Personal information
Information of a personal nature is treated by The Kooples to better manage client relationships and prospection. And to allow you to receive offers from our partners, we may communicate that type of information. Abiding by the Computing law and liberty of the 6th of January 1978, updated by the law of the 6th of August 2004, the Client has the right to access, to rectify and oppose that information concerned.
9.3 Web Beacon
Certain web pages of the Site may contain web beacons that allow to count the number of visitors on the Site and/or allow the Kooples a certain number of indicators.
These Web Beacons can be used with some of our partners, with the noted purpose of measuring and improving the Site.
10.1 Force Majeur
The Kooples will not be held responsible for the non execution whether it be total or partial of its obligations for its current contract, if this non execution is provoked by an event considered force majeur, more notably in case of a disturbance or general or partial strike, notably of postal or method of transportation and/or communication, flood or fire.
The Parties convene to concert themselves in a timely fashion to determine the method in which to proceed with the order during the force majeur situation.
In the case of a delay of one (1) month of interruption due to force majeur, the Parties will be freed from their obligations to one another.
10.2 The contract in its entirety
The present terms and conditions of sale and the summary of the order sent to the Buyer, constitute a contractual an integral summary of the conventions that occur between the parties.
10.3 Conservation and archiving transactions
The archiving of bills is done in a viable and durable backing method so as to correspond to a trustworthy and durable copy.
10.4 Applicable Law – competent jurisdiction
The present terms and conditions of sale and the contractual relation between The Kooples and the Buyer are subject to French law. In case of litigation, the Paris tribunal of commerce will be called upon. However, The Kooples are always open to finding an amicable solution before any legal action is taken.