GENERAL TERMS AND CONDITIONS OF SALE
Date of last update: September 16th, 2022
1. Identification of the parties
These general terms and conditions of sale (the "GTCS") are governed by the company The Kooples Production SAS with a capital of 5,645,070.00 euros, N° RCS 507769164, located at 11 rue de Prony, 75017 Paris France, whose unique identification number is FR219083_11EAGI ("we" or "our").
Any reference to "you" or "your" means you, as a user of the Website.
2. Scope and definitions
The GTC apply as soon as you :
- access The Kooples online shop https://www.thekooples.com/int/de_CH/home (the "Website") or ;
- place orders to purchase one or more products presented on the Website.
However, these T&Cs do not apply to purchases of products in The Kooples shop, including products ordered in the shop via tablet.
Please read these Terms and Conditions carefully before using the Website and placing your order. By accessing any part of the Website or ordering via the Website, you agree to be bound by these Terms and Conditions.
These GTC are only available in English, in German and in French and are applicable to all orders delivered and invoiced in the country selected from the url: https://www.thekooples.com/int/de_CH/home
In order to facilitate their conservation, we invite you to print them.
3. Terms and conditions of order
A. Availability and use of products
All products offered for sale on the Website are subject to availability. Indeed, at the time of validation of your order, there may be a difference between the stock available electronically and the existing physical stock (for example in the case of simultaneous orders of the same product by several customers). In this case, we will cancel the order and you will not be charged for your purchase.
Purchases made from the Website are for personal, non-commercial use and purchase only. We reserve the right to refuse multiple quantity orders of the same item from the same customer or to the same postal address even after receipt of the order, if abuse of promotional codes is found.
B. Ordering procedures via the Website
You can choose one or more products and put them in your "Shopping Cart" by clicking on the "Add to Cart" button;
By clicking on the "Payment" button you initiate the process of purchasing the products in your Shopping Cart.
You will be asked to :
- validate your delivery method and fill in the delivery information necessary for the proper shipment of your order,
- add, if necessary, a promotional code
- select your method of payment, indicate the relevant information, and
- accept the terms of these T&Cs.
If you do not accept our GTC, you will not be able to order the Products.
By clicking on the "Payment" button, you finalise the order of the Products in the Shopping Cart. This implies an obligation to pay.
Before finalising an order, you may at any time view and modify the details of your order.
C. Validation of the order placed via the Website
The prices indicated are in euros, including all taxes, at the legal rate in force on the date of invoicing. We are free to increase or decrease them, in accordance with the applicable regulations.
Despite our best efforts, it may exceptionally happen that products listed on the Website have an incorrect price. "We will contact you to inform you of this, obtain your instructions and either charge you the correct price of the product (which is the list price at the time of the order) or cancel your order and refund your money
- Order payment and confirmation
The order will be delivered once the credit card company has approved the payment. The charge will only be made when your order is shipped. If your payment has been made by credit card, the money will be debited within 24 hours of the payment being captured.
Depending on the personal card agreements with the bank, the amount will be fully/partially debited at the end of the month.
Your means of payment: Depending on the indications on the payment page, payment for your products can be made by:
- Bank card (Visa, MasterCard, American Express)
- Klarna in one or more instalments
- Paypal in one or more instalments
- Amazon Pay
It is specified that by choosing payment by bank card, the Buyer will be automatically transferred to Global-e secure payment server and the full payment.
The server and payment page are secured by S.S.L (Secure Socket Layer) 3D Secure encryption to protect all means of payment data as effectively as possible and guarantee that at no time do the Buyer's bank details pass through the The Kooples' electronic system.
The amount of your order will be debited to the initial payment method within 24 to 48 hours after the order placement.
The placing of your order via the Internet constitutes a contract of sale between you and us, subject to the availability of the products ordered and the validity of the payment method you use.
You will automatically receive an email confirming receipt and details of your order ("the Confirmation Email"). The Confirmation Email is not a confirmation of product availability; it is simply an automatic acknowledgement that we have received your order.
We will send you a second email, which will be 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 your credit card will not be charged. If only some of the Products are available, they will be sent to you in accordance with these T&Cs, and you will only pay for the Products delivered.
It is your responsibility to keep copies of the documents relating to your order (i.e. the Confirmation email, the Delivery email, these T&Cs, and any other relevant documents).
4. Creating or logging into your personal account
A. 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 personal account:
- If you already have a customer account, you can identify yourself by entering your login and password;
- If you do not have an account yet, you can fill in the registration form with the following information: first name, last name, email address, telephone number and delivery address and create a password;
B. Email confirming account creation
An email confirming that your account has been created will be sent to you. Your email address will be used as your login to access your account. We ask you to keep your login and password confidential and to notify us immediately if you learn or suspect that your account is being or has been used in an unauthorised manner, or more generally, if 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 personal account without liability to you, if in our opinion such action is necessary. You will be liable for any misuse of your login and password, except in the event of loss or theft of your login and password, provided that we are notified immediately:
- via the contact form: https://service.global-e.com/kb-tag/delivery-shipping
5. Methods of delivery or collection in shop
A. Delivery and collection area
The shipment is free of charge.
We will take care of the import duties on your order whatsoever the amount.
We reserve the right to ask for a signature and a valid identity document on delivery (passport, identity card, driving licence), as well as in the event of a dispute over the receipt of an order or a dispute over a refund following the return of an order.
B. Delivery and collection times
The estimated delivery time will be confirmed to you in the Delivery email. We will do our best to deliver your order within the time period indicated, however, delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. 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 time limit indicated, we would ask you to check with the agents at your post office to ensure that they are not holding your package. If they confirm that they are not holding your products, please contact us via the form: https://service.global-e.com/kb-tag/delivery-shipping
All delivery times may be slightly longer due to :
- Difficulty of access to certain delivery areas,
- seasonal or busy periods,
- weather conditions or unforeseen circumstances.
During these exceptional periods of high activity (e.g. sales, Christmas) or particularly unfavourable weather conditions, delivery times may be extended by 2 to 3 working days.
If we are unable to meet the original delivery time stated in the delivery email, we will inform you as soon as possible, indicating a new estimated delivery time, without incurring any liability to you.
Your order will be sent to the delivery address you provided when you placed your order. We cannot be held responsible if this delivery address is incorrect or incomplete.
C. Time to collect your parcel
For deliveries to delivery points: an email or SMS will be sent to you as soon as your parcel arrives at the delivery point of your choice. From the day of delivery, you will be able to collect the parcel within ten (10) days upon presentation of an identity document. At the end of this period, unclaimed packages will be returned to our warehouse. Customer service will contact you to find out if you want your order to be reshipped or cancelled.
If you place an order for a large number of products, we may have to deliver your products in several shipments, depending on the availability of stock and the different warehouses. If it is necessary to make more than one delivery, you will be informed in advance, via an email per shipment. In this case, your credit or debit card will be split in the same way to correspond to the price of the Products actually delivered. In the event that shipping charges apply to your order, they will only be charged for a single shipment, as indicated in the order confirmation email.
We draw your attention to the need to check the general condition of your parcel upon receipt. You will be responsible for the parcel 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 Department to report the problem and formulate your reservations which are the reasons for your refusal. We inform you that in case of missing items without reservations, The Kooples cannot be held responsible and we cannot guarantee your refund.
6. Right of Withdrawal
You may only return Products purchased via the Website. If you purchase The Kooples products in one of our physical shops, on another website or in any other point of sale, the products must be returned to the shop or website where they were ordered. We reserve the right to refuse returns that have not been made in accordance with the provisions of this section 6 and we may require you to pay the shipping costs for returning each item to the specified delivery location.
If, for any reason whatsoever, you are not satisfied with our products, you may exercise your right of withdrawal within fourteen (14) days of receiving your order and you will be reimbursed in accordance with the provisions of this article, provided
- that the products are returned in a packaging that allows them to be transported to the address mentioned on the return form included in your package,
- that the products are in their original condition with the internal label containing, in particular, care instructions, as well as the cardboard label attached to the product, without having been damaged, stained, washed, modified or worn (except for the fitting), and that the original packaging and all accessories relating to the products, such as packaging or instructions for use, are enclosed.
- The delivery note has been completed and inserted into the package
If the fourteen (14) day withdrawal period expires on a Saturday, Sunday or public holiday, this period is extended to the next working day.
For any purchase made on the Website, the Products may be returned free of charge :
- By post through a DHL center to our warehouse, using the free pre-paid return label that can be downloaded from your customer account. Go to https://locator.dhl.com, choose the country and fill in the location (address or zip code) to locate your nearest DHL Express points or schedule a pickup by a DHL courrier.
For this, we invite you to make your return declaration as follows
via your customer account "my orders and returns" on our Website, or
via the following contact form https://service.global-e.com/kb-tag/delivery-shipping
The products must be returned to us in good condition, in accordance with the conditions set out in this article, to 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 of the products.
We specify you that for the products modified at the dressmaker, or a third, or by your care, as well as for the underclothing, you do not profit from a right of retractation, exchange or refunding.
Once the returned products are received by us, we will refund the price of the products, by re-crediting the means of payment used for your initial order, in accordance with the provisions of Article L 221-24 of the Consumer Code. The refund will be made as soon as possible and at the latest within fourteen (14) days following receipt of the goods that you have returned to us or, if applicable, to one of our The Kooples sales outlets.
In the absence of reimbursement within this period, the sums we owe you will bear interest under the following conditions:
- 10 days after the expiry of the deadline: legal interest rate ;
- 11-20 days late: 5% interest rate;
- 21-30 days late: interest rate of 10%;
- 31-60 days late: interest rate of 20%;
- 61-90 days late: interest rate of 50%;
- Beyond 90 days: 5 additional points for each additional month of delay.
The products you have ordered through the Website are subject to the following warranties:
A. Legal guarantee of conformity (articles L.217-4 and following of the Consumer Code)
If the Product does not conform (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
- contact our customer service via the contact form https://service.global-e.com/kb-tag/delivery-shipping
Once the non-conforming Product has been returned to the address communicated by our customer service, we will then send you a new Product, subject to availability. If we are unable to repair or replace the non-conforming Product within thirty (30) days, you may :
- request a full refund for the non-conforming Product delivered, or
- retain the non-conforming Product and request a reduction in price from us, which will be determined on a case-by-case basis.
B. Legal guarantee against hidden defects (articles 1641 and following of the Civil Code).
In the event of the presence of a hidden defect in the Product, which would render it unfit for the use for which it is intended, or which so diminishes this use that you would not have acquired it, or would have given only a lower price for it, if you had known about them, you have a period of two (2) years from the discovery of the defect to contact our customer service via the contact form https://service.global-e.com/kb-tag/delivery-shipping
With the prior agreement of the Customer Service, you will have the possibility to :
- return the Product (via a prepaid return slip provided by Customer Service) and obtain a full refund upon receipt at our headquarters, or
- ask for a compensatory code of a partial amount to be used on TheKooples.com within 30 days of its issue
In all cases, it will be up to you to prove that you meet the conditions of the guarantee. If you return the defective product, we will pay for the cost of returning it.
8. Your personal information
By using the Website, creating an account, logging in or placing your order online:
- you warrant that you are using your true identity and that all information provided is true, accurate, current and complete at the time you provide such information to us in the "Billing Address" section. If you find that the information provided is incorrect or no longer valid, you may request that it be changed if the package has not yet been dispatched by contacting our Customer Service Department, or contact directly our partner DHL. If you fail to do so, we cannot be held responsible for any consequences that may result.
In no case can we be held responsible for any damage that :
- does not result from a failure on our part to fulfil one of our obligations, or
- results from a case of force majeure, or is attributable to the unforeseeable and insurmountable act of a third party.
If you fail to comply with these GTC, we will send you a formal notice to remedy the situation. If this notice remains without effect after a period of fifteen (15) days, we may, as of right, refuse you the right to access the Website, delete your account, and/or refuse your future orders.
10. Use of the Website
It is your responsibility to protect your computer or tablet or mobile phone. We will not be liable for any damage to your device, or loss of data that may result from using the Website.
It is your responsibility to protect your computer. We will not be liable for any damage to your computer or loss of data that may result from using the Website.
11. Comments and complaints
Please send us your comments, questions or complaints by contacting our Customer Service Department:
- via the contact form: https://service.global-e.com/kb-tag/delivery-shipping
If you wish to make a complaint, please indicate this clearly. Our aim is to respond to your complaint within seven (7) working days, either by providing a solution or by telling you how your complaint will be dealt with.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, The Kooples adheres to the mediation service offered by the Association of European Mediators (AME) whose contact details are as follows: 197 Boulevard Saint Germain, 75007 Paris, France - https://www.mediationconso-ame.com/. After prior written request from consumers to The Kooples, the Mediator's service can be contacted for any consumer dispute which has not been resolved. In the event of a complaint, you remain free to refer the matter to any other mediator of your choice, in particular by consulting the list of authorised mediators, available on the European Commission's dedicated platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
12. Intellectual property rights
Your use of the Website does not give you any intellectual property rights in the Website and its content. In particular, you do not have any rights to our copyrighted designs, our Product images, our trademarks, or to those owned by third parties.
We make the Website available to you solely for your personal, non-commercial use. The contents of the Website may not be used for any other purpose without our express written permission.
The Kooples is a registered trademark owned by SKULLHEAD SARL.
13. Changes to the service or changes to the T&Cs
We reserve the right to make changes to our Website and these T&Cs at any time. Your use of the Website and your orders will be subject to the T&Cs in force at the time of your use of the Website or your order for products, unless a change to these T&Cs is required by law or government authority. In which case that change will also apply to any orders you have already placed.
The failure of either party to act under these T&Cs shall not constitute a waiver of the right to act, unless expressly waived in writing.
These GTC are governed by the law of the country selected on the International Website after selecting one of the countries included on this url : https://www.thekooples.com/int/de_CH/home
If any provision of these GTC is held to be invalid, void or unenforceable for any reason, such provision shall be deemed severable from the remainder of the GTC and shall not affect the validity and enforceability of the remaining provisions of the GTC.