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GENERAL TERMS AND CONDITIONS OF SALE
Date of last update: February 20th, 2023
- 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.
- Applicability and definitions
The GTC apply as soon as you:
- visit The Kooples Online Store: www.thekooples.com (the “Website”), or
- place orders to purchase one or more products featured on the Website.
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.
- Placing orders
- 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.
- 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:
- confirm your delivery method and complete the delivery information necessary for the proper shipping of your order,
- enter, where appropriate, a promotional or discount code,
- select your method of payment, provide the related information, and
- accept the terms of these GTC.
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.
- 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.
- Order payment and confirmation
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).
- Creating or logging in to your personal account
- 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:
- If you already have a customer account, you can identify yourself by entering your username and password;
- If you do not have an account yet, you can complete the registration form by providing the following information: first name, surname, email address, phone number and delivery address and by creating a password.
- 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:
- by email: firstname.lastname@example.org,
- via the contact form: https://www.thekooples.com/eu/en/Contact_en.html
- Delivery methods
- Delivery and pickup points
- For deliveries to a pick-up point or home: the products ordered can only be delivered to metropolitan France, Corsica and Monaco (the "Delivery Zone").
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).
- Delivery charge
Shipping costs are free for any order without a minimum purchase.
- 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:
- the difficulty of access to certain delivery areas,
- seasonal periods or busy periods,
- weather conditions or unforeseen circumstances.
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:
- 10%, if the refund takes place between the 15th and the 30th day following the cancellation request;
- 20% if the refund takes place between the 31st and 60th day following the cancellation request;
- 50% if the refund takes place after the 61st day.
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.
- Time limit for collecting your package
- For deliveries to a pickup point: an email or SMS will be sent to you as soon as your package arrives at the pickup point of your choice. From the day it arrives, you will be able to collect the package within ten days (10) upon presentation of an identity document. At the end of this period, unclaimed packages will be returned to our warehouses. Customer service will contact you to find out if you would like your order to be reshipped or cancelled.
- For deliveries to your home: you will be informed by e-mail by the carrier of the delivery date. If on this occasion, the package cannot be delivered to you, all the instructions to collect your package as well as when to do so will be indicated on the attempted delivery notice and/or by email. If your package is not claimed within the time limit, it will be returned to our warehouses. Customer service will contact you to find out if you would like your order to be reshipped or cancelled.
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.
- 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:
- the products are returned in a packaging allowing their transport to the address mentioned on the return note included in your package,
- that the products are in their original condition with the label attached to the product, without having been damaged, stained, washed, modified or worn (except for trying on), making sure ot include the original packaging and any accessories relating to the products, such as packaging or instructions for use, as well as the original invoice.
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:
- either by post to our warehouse, using the free return label;
- or at one of The Kooples Boutiques.
In the case of a return, please notify us of your return:
- via your “My Orders and Returns” customer account on our Website, or
- via the shipping email of your order by clicking on "make my return", or
- via the following contact form: https://www.thekooples.com/eu/en/Contact_en.html
- by returning this completed form (or by downloading it here):
(Please complete and return this form only if you wish to cancel the contract.)
For the attention of:
11, rue de Prony – 75017 Paris:
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) signature (only if this form is notified on paper):
(*) 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:
- 10 days after the expiry of the period: legal interest rate;
- 11-20 days overdue: 5% interest rate;
- 21-30 days overdue: 10% interest rate;
- 31-60 days overdue: 20% interest rate;
- 61-90 days overdue: 50% interest rate;
- Beyond 90 days: 5 additional percent points per new month of delay.
The products you have ordered via the Website are subject to the following warranties:
- 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:
- contact our customer service via the contact form: https://www.thekooples.com/eu/en/Contact_en.html
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:
- request a full refund for the non-compliant delivered Product, or
- keep the non-compliant Product and ask us for a reduction of part of the price, which will be determined on a case-by-case basis.
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.
- 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:
- return the Product and obtain a full refund, or
- request a reduction in the purchase price.
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.
- Your personal information
By using the Website, creating an account, logging in or placing your order online:
- you confirm 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. If you find that the information provided is incorrect or no longer valid, you will need to modify it. Otherwise, we cannot be held responsible for the consequences that may result.
Under no circumstances can we be held liable for any damage that:
- would not result from a breach by us of any of our obligations, or
- would result from a case of force majeure, or would be attributable to the unpredictable and insurmountable act of a third party.
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.
- 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.
- Feedback and complaints
Please submit your comments, questions or complaints by contacting our Customer Service:
- by email to the following address: email@example.com,
- via the contact form: https://www.thekooples.com/eu/en/Contact_en.html
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:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
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.
- 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.
- 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.
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