Terms & Conditions

Introduction

The trade website www.thekooples.com/us (“Site") is an electronic commerce website accessible via the internet and open to all users of the network. The Site operated by The Kooples Bloom Inc., is a subsidiary of The Kooples Group. If you have any questions or comments about our privacy policy, terms and conditions, or website, you can contact us:

The Kooples
500 Fifth Avenue - Suite 2330
New York, NY 10110

usassist@thekooples.com
Tel: 855-251-4683

The Site allows The Kooples to offer textile products and accessories for sale under the brand name The Kooples and The Kooples Sport ("products") to Internet Users browsing or purchasing on the Site ("customers").

These general Terms and Conditions (“Terms”) apply only to the United States of America. If you are shipping outside of the United States, to another country which The Kooples operates an online store, please review the accompanying Terms.

All orders of a product offered on the Site imply the customer’s acceptance of these terms and conditions.

This Site is not intended for persons under the age of thirteen (13).

The Kooples reserves the right to amend the present general conditions of sale, at any time, by publishing a new version on the website.

Article 2. Products

2.1. While The Kooples always strives to display accurate product information, description or other content on our Site, it is unfortunately not possible to have a Site that is completely free of any human, technological or typographical errors. We reserve the right to correct any of these errors, at any time, without prior notice.

2.2. All products are subject to availability. Adding an item(s) to your shopping cart or wish list, does not reserve the item(s) from stock. If you have placed an order and the item is no longer in stock, you will be contacted by e-mail, at our discretion.

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

Article 3. Price

3.1. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid only in the United States. These prices do not reflect additional sales tax or shipping fees that may apply to your order (UPS 2nd Day, UPS Next Day).

3.2. The prices of products featured on the Site are subject to change at any time, at The Kooples discretion, without prior notice. Orders that have been successfully placed before any change in price takes place, will not be affected

3.3. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

Article 4. Orders

4.1. All first-time customers who wish to place an order on www.thekooples.com/us will be asked to create an account.

4.2. You will have the opportunity to review the contents of your shopping cart, shipping and billing addresses and shipping method, before submitting your order.

4.3. After placing your order, a confirmation will be sent to your e-mail address. This e-mail will include your order number, products ordered, shipping and billing details. This confirmation is an acknowledgement that your order has been placed but may not necessarily indicate acceptance of your order.

4.4. Orders may not be accepted at the discretion of The Kooples. Examples of these occasions may be, but not limited to, if we are unable to secure payment for your order, if there are shipping restrictions to your delivery address, if the product is incorrectly stated on the Site (please see section 2.2 and 3.3, or otherwise inaccurately described), if your order is being shipped to a PO Box or APO address.

4.5 Once an order is placed on www.thekooples/com/us, we are unable to change the details of the order. Order cancellations may be requested to Customer Service. Your order can only be cancelled, if we have not started processing your order.

Article 5. Payment

5.1. www.thekooples.com/us accepts American Express, MasterCard, Visa, and PayPal, as forms of payment. You will be charged for your order, shortly after it has been placed.

5.2. You will be charged sales tax for orders that are shipping to states where we have physical presence. These states include California, New Jersey, Illinois, Florida, New York and Hawaii.

Even if sales tax is not collected from you, you may owe sales tax on your purchase. Please refer to your state department of revenue’s website.

5.3. By placing an order on the Site, you are confirming that the method of payment being used (credit/debit card/PayPal) is yours and the details you are inputting are accurate and whole. This may include, your name, shipping and billing addresses, payment details.

Article 6. Delivery

6.1. The Kooples will always strive to meet the time frames of the delivery method chosen. Please note, all delivery times frames are estimates, starting from when your order has completed processing.

Shipping Method Shipping Information Cost
Ground Receive your order within 3-5 business days. $0
2nd Day Place before 2PM EST Monday-Thursday to receive 2nd Day. $15
Next Day Place before 2PM EST Monday-Thursday to receive the next day. $25
Pick Up In Store Your order will arrive in store, within 2-5 business days. $0

6.2. Orders placed Monday-Friday before 2pm Eastern Standard Time (“EST”) and accepted by The Kooples, will begin processing that day. We will always work to meet the timeframe for the shipping method selected (UPS 2nd day or UPS next day). Orders placed Monday-Friday after 2pm EST will begin processing the next business day.

6.3. The Kooples does not process, ship or deliver orders on Saturday, Sunday or Federal holidays. Orders placed on these days will be processed the following business day.

6.4. The order will only be delivered to the shipping address provided on the order. The shipping address cannot be amended, once the order has been placed.

6.5. Orders placed on the Site can only be shipped to addresses within the United States.

6.6. We are unable to ship orders placed on www.thekooples.com/us to APO/FPO addresses, or P.O. boxes.

Article 7. Returns & Exchanges - Online

7.1. You are welcome to return your online order, within 30 days, from date of shipment, using the free returns service. Returns must meet the conditions of our return policy below, to qualify for a refund:

  • Items must be its original condition (unworn, unwashed, unaltered).
  • Items must have all tags attached.
  • The return form must be completed.

7.2. To utilize the free return service and ship your products back to the distribution center, please complete the below steps:

  1. Fully complete the returns form and include this in your package, along with the product(s) you would like to return.
  2. Take the prepaid UPS shipping label (included in the package), and attach this to the outside of your package. If you are using the box your order was delivered in, please ensure to remove your previous return label or cover any old labels and barcodes.
  3. Drop your package off at your local UPS store, UPS Drop Box or arrange a collection with UPS.
  4. Your package should arrive within seven (7) business days, back to our Distribution Center.

Please note only purchases made on the Site, can be returned via this method.

If you return more than one product for the same order, at a different time, The Kooples is not responsible for the second UPS shipping label.

7.3. Online orders made on www.thekooples/com/us, can also be returned to any of our five, standalone Kooples Boutiques, located in the United States. Returns must meet the conditions specified above. You must also provide the returns form, a government issued ID along with your original form of payment. Refund will be provided to the original form of payment.

7.4. The Kooples is not responsible, for item(s) returned using any method, other than the outlined procedures in our Terms and Conditions.

7.5. At this time, orders cannot be exchanged for online purchases. You are welcome to return orders you wish to exchange by using the free return service. A new order can then be placed with our Customer Care team by telephone, (855) 251-4683 or at your convenience online on www.thekooples/com/us.

7.6 Items marked as Final Sale are not eligible for returns or exchanges.

7.7 Your refund will be processed within ten (10) business days of receiving your return and will be credited to the original payment method. Your bank or credit card issuer may require up to 7 additional business days to process the credit before posting to your account. If you have any questions, please speak with your issuing bank.

Article 8. Returns & Exchanges – The Kooples Boutique

8.1. You are welcome to return your purchase, within 14 days of purchase, if your item(s) meet the conditions of our return policy:

  • Items must be its original condition (unworn, unwashed, and unaltered).
  • Items must have all tags attached.
  • The return form must be completed.

8.2. Exchanges can be made, when the conditions of the return policy are met. For exchanges that are greater than the value of the item the customer is exchanging, the customer will have to pay the difference. For exchanges that are less than the value of the item the customer is exchanging, the refund for the difference will be processed onto the original form of payment.

The Kooples boutiques are unable to provide any returns or exchanges for items purchased outside of The Kooples boutique.

*Final sale items cannot be exchanged or returned.

Article 9. Personal Information

The Kooples’ Privacy Policy describes our practices with regard to information collected from you when you use the Site and is hereby incorporated by reference into these Terms and Conditions.

Article 10. Intellectual Property Rights

The Site and its content, photographs, images, data or other materials that are made available through the Site, are the property of The Kooples, or, where applicable, independent content providers and third parties, and are protected by copyright, trademark and other intellectual property laws. Except as expressly authorized by The Kooples or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.

THE KOOPLES is a trademark of The Skullhead Luxembourg SARL and licensed to The Kooples. You may not use any trademark or service mark appearing on the Site without the prior written consent of The Kooples or the owner of the mark.

Article 11. Limitation of Liability

In no event, including but not limited to negligence, shall the kooples, its subsidiaries, affiliates and their employees, be liable, whether in contract or in tort, for any special, indirect, punitive, incidental or consequential damages, including but not limited to resulting in loss of profit, income, savings, or business, that arises from the use, or the inability to use the materials on the site, these terms or any product or service provided through the site. in no event, shall the kooples’ liability exceed 100% of the price of the product you have paid through purchasing on the site. applicable jurisdisctions may not allow the limitation or exclusion of liability for consequential or incidental damages, in such cases, liability is limited to the fullest extent permitted by law.

Article 12. Disclaimer

The Kooples site, content, tools and services are provided “as is, as available”. the kooples disclaims warranties of any kind, express or implied, to the fullest extent permitted by law, including but not limited to accuracy, non-infringement, fitness for a particular purpose, merchantability and security. the kooples does not warrant that the site and its content will be error-free, uninterrupted or secure, any errors on the site will be corrected or the site will be free of viruses or other harmful components. using the site and its content is wholly at your own risk and responsibility.

Article 13. Events Outside of Our Control

The Kooples will not be held responsible for the non-execution or delay, whether it be total or part of its obligations (as per these Terms) if the events are out of our control. These events may include a disturbance, strike, flood, fire, adverse weather or any other natural disaster, failure of public or private communication networks and failure of mobility for any means of public or private transportation.

Article 14. Links to Third Party Sites

This Site may include links to third party sites. This does not establish sponsorship or endorsement by The Kooples of these third party sites. The Kooples is not responsible for the availability, content, security, services, privacy, advertising, policies, or practices of third party sites. By choosing to access the site, you are proceeding at your own risk.

Article 15. The Contact in its Entirety

The present Terms of sale and the summary of the order sent to the customer constitute a contract of sale an integral summary of the agreements that occur between the parties.

Article 16. Applicable Law – Competent Jurisdiction

The present Terms and Conditions and the contractual relation between The Kooples and the customer shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The sole and exclusive jurisdiction for any claim, dispute or proceeding arising out of or related to these Terms of Use shall be in the State or Federal courts located in the State of New York.

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to usassist@thekooples.com. Please allow 30 days for a response.

Article 17. The Kooples Sales And Use Tax Policy Statement

THE KOOPLES SALES AND USE TAX POLICY STATEMENT

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

THE KOOPLES COLLECTS SALES TAX in states where we have physical presence (or nexus), including California, Florida, Hawaii, Illinois, New Jersey, and New York. The Kooples also collects sales tax in Nebraska, and Washington.

THE KOOPLES DOES NOT COLLECT SALES TAX in any state NOT listed above because The Kooples is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:
THE KOOPLES DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.