GENERAL TERMS AND CONDITIONS OF SALE 

Date of last update: February 20th, 2023
  1. Parties information

These general terms and conditions of sale and use (the "GTC") are published by the company The Kooples Production SAS with a capital of 5,645,070.00 euros, RCS No. 507769164, located at 11 rue de Prony, 75017 Paris France ("we" or "our").

Any reference to “you” or “your” means you, as a user of the Website (as defined hereafter) and/or as soon as you make a purchase on the Website.

  1. Applicability and definitions

The GTC apply as soon as you:

However, these GTC do not apply to purchases of products in The Kooples' physical store(s), including products ordered in-store via a tablet.

Please read these GTC carefully before using the Website and placing your order. By accessing any part of the Website or by ordering via the Website, you agree to be subject to these GTC.

  1. Placing orders
  1. Availability and use of products

All products offered for sale on the Website are offered subject to their availability. Indeed, at the time of the validation of your order, there may be a difference between the stock available according to the IT system and existing physical stock (for example in the case of simultaneous orders of the same product by several customers). In this case, we will proceed with the cancellation of your order and its cost will not be charged to you.

Purchases made from the Website are intended solely for personal and non-commercial use and purchase. We reserve the right to refuse multiple quantity orders of the same item from the same customer or to the same postal address.

  1. Ordering Procedures via the Website

You can choose one or more products and put them in your "Basket" by clicking on the "Add to Basket" button;

By clicking on the "Order" button, you will initiate the process of purchasing the products listed in your Basket. You will then be prompted to log in, if you have a The Kooples customer account, or to create a The Kooples account if you do not already have one.

You will be asked to:

If you do not accept our GTC, you will not be able to order the Products.

By clicking on the "Payment" button, you will complete the order of the products listed in the Basket. This implies an obligation to pay.

Before finalising an order, you will be able to view and modify the details of your order at any time.

  1. Validation of the order placed via the Website

The prices indicated are in euros with all taxes included (incl. VAT), at the legal rate in force on the invoice date. We are free to increase or decrease them, in compliance with the applicable regulations.

Despite our best efforts and in an unlikely event,  it may be that products referenced on the Website have an incorrect price. If the exact price of a product is lower than the stated price, we will charge you the lower price. If the exact price of a product is higher than the indicated price, we will charge you the indicated price, unless it is derisory or manifestly wrong. In this case, we will contact you for instructions, or we will cancel your order and inform you of this cancellation.

Payment for your products must be made by debit/credit card (Visa, MasterCard, American Express), Paypal, according to the instructions on the payment page.

The placing of your order on the Website constitutes a sales contract between you and us, subject to the availability of the products ordered and the validity of the means of payment you use.

You will automatically receive an email confirming receipt and details of your order (“Confirmation email”). The Confirmation email does not constitute a confirmation of the availability of the products; it is simply an automatic acknowledgement of receipt that confirms the fact that we have received your order.

We will send you a second email, which will constitute confirmation of the availability of the products ordered (the"Delivery email"). If none of the products ordered are available, your order will be cancelled and you will be automatically refunded. If only some of the products are available, they will be sent to you in accordance with these Terms and Conditions, the missing products will be refunded and you will only pay for the products delivered.

It is your responsibility to keep copies of the documents concerning your order (namely, the Confirmation email, the Delivery email, these GTCs, and any other useful document).

  1. Creating or logging in to your personal account

  1. Creation or identification via the Website

To facilitate your orders of products when using the Website, you can identify yourself, if you already have a customer account, or create a customer account:

By creating a customer account, your data will be stored in our customer database and used in accordance with our Privacy Policy accessible here: https://www.thekooples.com/eu/en/privacy_policy.html

  1. Email confirming an account creation

An email confirming that your account has been created will be sent to you. Your email address will be used as an identifier to access your account. We ask you to keep your username and password confidential and to inform us immediately when you learn or suspect that your account is being or has been used unauthorised, or more generally, when it is made available to a third party. Without prejudice to our other rights and remedies, we shall be entitled, subject to prior notification by email, to suspend access to your customer account without incurring any liability to you if, in our opinion, such action is necessary. You will be held responsible for any misuse of your username and password, except in the event of loss or theft thereof, provided that we have been notified without delay:

  1. Delivery methods
  1. Delivery and pickup points

We reserve the right to request a signature and presentation of a valid ID upon delivery (e.g. passport, ID card, or driver's licence).

  1. Delivery charge

Shipping costs are free for any order without a minimum purchase.

  1. Delivery and pickup times

The estimated delivery time will be confirmed in the Delivery email. We will do our best to deliver your order within the indicated time, however, the delivery dates provided are only given as an estimate. The maximum period of thirty (30) days from the date of receipt of the Delivery email is guaranteed.

If you have not received your order within the timeframe indicated, we recommend, as a first step, that you check with your post office to see if they have your package. If they confirm that they do not have your products, please contact us via the form: https://www.thekooples.com/eu/en/Contact_en.html

All delivery times may be slightly longer due to:

During these exceptional busy periods (e.g. sales, Christmas) or particularly unfavourable weather conditions, delivery times may be extended.

If we are unable to meet the delivery time originally planned and included in the Delivery email, we will inform you as soon as possible, indicating a new estimated delivery time you can cancel your order if the total delivery time exceeds thirty (30) days. To cancel your order, you must send us your request via the contact form: https://www.thekooples.com/eu/en/Contact_en.html. We will refund you via the payment method used to place your order, within fourteen (14) days of receipt of the email notifying us of your wish to cancel your order. After this period, provided that you have requested the cancellation of your order under the conditions mentioned above, the amount of the order will be increased by:

Your order will be sent to the delivery address you provided when placing your order. We cannot be held responsible if this delivery address is incorrect or incomplete.

  1. Time limit for collecting your package

If you place an order for numerous products, we may be obliged to deliver your products via several deliveries. If more than one delivery is necessary, you will be informed in advance. In this case, the debit of your debit/credit card will be split to match the price of the Products actually delivered. In the event that shipping costs apply to your order, they will only be charged for a single shipment, as indicated in the order confirmation email.

We would like to draw your attention to the need to check the general condition of your parcel. You will be responsible for the package and its contents when it is delivered to you. In the event of a problem (open parcel, empty parcel, damaged contents), you must refuse the parcel and contact our Customer Service to report the problem and the reason for the refusal. We inform you that in case of missing/damaged goods, we cannot be held responsible.

  1. Right of Withdrawal

You may only return to us Products purchased through the Website. If you purchase the products from one of our physical stores, another website or any other point of sale, the products must be returned to the store or website from which they were purchased. We reserve the right to refuse the return of goods that have not been returned in accordance with the provisions of this Article 6, and we may ask you to pay the transport costs for the return of each item to the delivery address indicated.

If for any reason you are not satisfied with our products or wish to cancel your order, you may exercise your right of withdrawal no later than fourteen (14) days after receipt of your order, and you will be refunded in accordance with the provisions of this article, provided that:

If the withdrawal period of fourteen (14) days expires on a Saturday, Sunday or a public holiday, this period is extended until the next working day.

For any purchase made on the Website, the Products may be returned, as per the customer's choice to:

In the case of a return, please notify us of your return:

(Please complete and return this form only if you wish to cancel the contract.)

For the attention of:

The Kooples

Customer service

11, rue de Prony – 75017 Paris:

servicelients@thekooples.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods indicated below:

Ordered on(*)/received on(*):

Customer(s) name:

Customer(s) address:

Customer(s) signature (only if this form is notified on paper):

Date:

(*) Delete as applicable.

The products must be returned to us in good condition, in accordance with the conditions set out in this article, at the address indicated herein (depending on the delivery or collection method selected), without undue delay and at the latest within fourteen (14) days following the exercise of your right of withdrawal. Please note that if you do not take care of the products, or if you do not return them to us in accordance with the conditions set out in this article, you will not be able to claim a refund for the products.

We inform you that for products made and customised according to your requests, as well as for underwear, you do not have a right of withdrawal, exchange or refund.

Once the returned products have been received by us, we will refund the price of the products as well as any delivery costs at the standard rate (even if you have opted for express delivery), by re-crediting the payment method used for your initial order, in accordance with the provisions of Article L 221-24 of the French Consumer Code. The refund will be made as soon as possible and at the latest within fourteen (14) days of receipt of the goods you have returned to us or, if applicable, delivered to one of our Stores.

In the absence of reimbursement within this period, the sums due will incur interest under the following conditions:

  1. Guarantees

The products you have ordered via the Website are subject to the following warranties:

  1. Legal guarantee of compliance (Articles L.217-4 et seq. of the French Consumer Code)

If the Product is non-compliant (for example if it does not correspond to the description given on the Website), you have a period of two (2) years from receipt of the product to:

Once the non-compliant Product is returned to the address provided by our customer service, we will then send a new Product to you, subject to its availability. If we are unable to replace non-compliant Products within thirty (30) days, you may:

You are exempt from providing proof of the existence of the lack of conformity of the Product during the first twenty-four (24) months following the delivery of the goods.

  1. Legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

In the event of the presence of a hidden defect in the Product, which would make it unsuitable for the use for which it is intended, or which reduces this use so much that you would not have purchased it, or would have paid a lower price, if you had known of the defect, you have a period of two (2) years from the discovery of the defect to contact our customer service via the contact form: https://www.thekooples.com/eu/en/Contact_en.html

You can either:

In any case, it will be up to you to prove that you meet the conditions of the guarantee. In case of the return of the defective product, we will take care of its return cost.

  1. Your personal information

By using the Website, creating an account, logging in or placing your order online:

  1. Responsibility

Under no circumstances can we be held liable for any damage that:

In the event of your breach of these GTCs, we will send you a formal notice to remedy it. If this notice remains without effect after a period of fifteen (15) days, we may, as of right, refuse you the right of access to the Website, delete your account, and/or refuse your future orders.

  1. Use of the Website

It is your responsibility to protect your computer. We will not be liable for any damage that may be caused to your computer, or loss of data that may result from use of the Website.

  1. Feedback and complaints

Please submit your comments, questions or complaints by contacting our Customer Service:

If you want to file a complaint, make it clear in your message. Our objective is to respond to your complaint within seven (7) working days, either by providing a solution or by informing you of how to process your complaint.

In the event of a dispute between you and the Company, we will endeavour to find an amicable solution.

 

In the absence of an amicable agreement, you have the possibility to refer the matter to the consumer ombudsman to which The Kooples belongs, namely AME CONSO, free of charge, within one year of the written complaint you have made to The Kooples.

The referral to the consumer ombudsman must be made:

You remain free to seize any other mediator of your choice, in particular by consulting the list of authorised mediators, available on the European Commission's dedicated platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event= main.home.show&lng=EN.

  1. Intellectual Property Rights

Your use of the Website does not give you ownership of any intellectual property rights on the Website and its content. In particular, you have no rights to our copyrighted creations, our product visuals, our trademarks, or those belonging to third parties.

We make the Website available to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose whatsoever without our express written permission.

The Kooples is a registered trademark and owned by SKULLHEAD SARL.

  1. Modification of the service or modification of the GTC

We reserve the right to make changes to our Website and these GTCs at any time. Your use of the Website and your orders will be subject to the GTCs in force at the time of your use of the Website or your order for products, unless a change to these GTCs is required by law or by a governmental authority. In which case this change will also apply to all orders you have already placed.

  1. Misc.

The fact that either party does not act under these GTC does not constitute a waiver of the right to act, except an express and written waiver.

These GTCs are governed by French law.

If any of the stipulations of these GTCs is deemed invalid, null or unenforceable for any reason whatsoever, this stipulation will be considered divisible from the rest of the GTCs and will not affect the validity and applicability of the other stip