TERMS AND CONDITIONS OF SALE

RECITALS

The website www.thekooples.com (hereinafter the "Website") is an e-commerce website open to any Internet users (hereinafter the "Internet User").

 

It is published by The Kooples PRODUCTION (hereinafter "The Kooples"), a French Société par Actions Simplifiée with a capital of EUR 5,645,070, having its registered office at 11 rue de Prony 75017 Paris, registered with the Paris Trade and Companies Register under number 507 769 164.

 

Intra-community VAT No.: FR07507769164

Tel. No.: : 01 44 77 99 77 

Email address: serviceclients@thekooples.com

 

The Website allows The Kooples to propose The Kooples brand textile products and accessories for sale (hereinafter the "Products") to Internet Users browsing the Website (hereinafter the "Customers").

 

For the application hereof, it is agreed that the Customer and The Kooples will collectively be referred to as the "Parties" and individually as a "Party" and that a Customer who confirms an order will be referred to as a "Buyer".

These terms and conditions of sale apply to all European Union countries, with the exception of Germany and the United Kingdom.

Any order of a Product proposed on the Website implies the Buyer's adherence to these terms and conditions of sale.

The Kooples reserves the right to amend these terms and conditions of sale at any time by publishing a new version on the Website. The terms and conditions of sale are those in force on the date on which the order is placed.

 

ARTICLE 1. PURPOSE

These terms and conditions of sale govern the Parties' rights and obligations resulting from the sale of the Products proposed on the Website. They apply to the exclusion of any other document.

ARTICLE 2. PRODUCTS - PRICE

2.1. PRODUCTS

Only the Products present on the Website on the date on which the Customer consults it are available for sale. The Product offers are limited to mainland France and European Union countries. The product offers and prices are valid while stocks last, for as long as they are visible on the website.

2.2. PRICES

We do our best to ensure that information, descriptions and prices are accurate. However, it is possible that errors may arise. If the price of an article that you have ordered is incorrect, we will inform you as soon as possible and you will have the possibility to confirm your order at the correct price or cancel your order.

If we are unable to contact you, we will cancel the order.

The prices are indicated in Euros, including all taxes, for European Union countries.

Unless otherwise specified, these prices do not take into account shipping costs, which will be indicated on top of the price when placing the order, and before order confirmation by the Customer.

Value Added Tax is applied at the rate in force in France.

 

ARTICLE 3. ORDERS

3.1. PLACING AN ORDER

A Customer who wishes to place an order chooses the Product(s) of his choice by clicking on "Add to basket".

At any time, the Customer can:

  • Check the number of Products in his basket and obtain detailed information on each of them by clicking on "My basket";

  • Continue his selection of Products by clicking on the button "Continue my purchases";

  • Complete his order by clicking on the button "Confirm"

Any new Customer must fill out the fields proposed to create his customer account. The Customer must accurately complete the form made available, which notably includes the information necessary for his identification, including his email address and a password of his choice (which is personal and confidential) which he will use later to log into the website.

Any Customer who already has a customer account must log in after clicking on "Confirm" by entering his email address and password.

The Customer accepts that entering these two pieces of information constitutes proof of his identity.

Providing personal information collected in the context of a remote sale is obligatory, this information being necessary for the processing and delivery of orders and issuing bills. This information is strictly confidential.

After reviewing his order summary, once all the information requested has been completed by the Customer, and before payment, the Customer reads the terms and conditions of sale and acknowledges this by ticking the box provided to this end.

3.2. ORDER CONFIRMATION

Confirmation of the basket constitutes an electronic signature. This signature has the same value between the parties as a handwritten signature and constitutes proof of the order in full and the requirement to pay the amounts due in accordance with said order. As soon as a Customer confirms his order, he becomes a Buyer.

The Customer pays for his order by bank card (carte bleue, Visa, Eurocard/Mastercard/American Express), PayPal or Amazon Pay or other local means of payment (i.e. Bancontact Mistercash for Belgium // Sofort for Germany // Ideal for the Netherlands) and/or gift cards whose functioning is described at the following address: (insert link to gift card policy).

If the Customer wishes to pay for his order by bank card, he must provide the number and depending on the type of bank card used, the expiry date and security code.

In the case of payment by gift card, the Customer will enter the gift card code.

3.3. PAYMENT

The price payable by the Buyer is the amount indicated on the order summary document.

In any case, the amount debited will correspond to the Product(s) actually delivered.

The amount will be debited with the order is placed. For any missing product, a refund will be generated without delay.

It is specified that by choosing payment by bank card, the Buyer will be automatically transferred to the Hipay secure payment server.

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.

3.4. DISCOUNT CODES

Discount codes on user accounts: discount codes may be offered to customer account holders at any time. These discount codes can only be used on purchases made through the account to which the discount code was granted and recorded.

Promotional discount codes: promotional discount codes applicable to all or certain purchases made on the Website can be offered at any time.

3.5. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER

Once payment is made, an order summary document is sent by email to the Buyer to the email address provided.

This document constitutes acknowledgement of receipt and summarises all elements making up the agreement entered into between the Parties.

ARTICLE 4. DELIVERY

The Kooples will make every effort to ensure the order is delivered within an average of 48 hours and maximum of 20 working days as from the day after order confirmation by the Buyer. During the VIP sales periods, sales or outlet sales: these delivery times may be extended by 15 working days.

It is specified that orders placed on the Website www.thekooples.com on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders placed on the website www.thekooples.com on a bank holiday not falling on a Friday, Saturday and Sunday are also processed on the next working day.

Products ordered by the Buyer are delivered in mainland France and all European Union countries, to the address provided by the Buyer on the final order confirmation page, accompanied by an order form. The Buyer can have Products delivered to an address other than his own address. Delivery will not be made in the case of a force majeure event or a transport and/or postal strike.

Articles are delivered while stocks last. In the event that a product ordered is not available, The Kooples will honour the order for the other products and refund the Customer for the missing products after shipment of the order.

 

IMPORTANT COMMENT: Depending on product availability, orders may be shipped in several packages.

 

In the event that the delivery deadline is extended, The Kooples undertakes to inform the Buyer as soon as possible and by any means so that he can choose whether to maintain or totally or partially cancel his order.

The Kooples cannot be blamed and held liable for the consequences of any events outside its control, in particular cases of force majeure or unforeseeable circumstances which delay or prevent delivery of the product ordered.

In the event of failure to respect the deadline mentioned plus 10 days, the Buyer can cancel his order by sending a registered letter with acknowledgement of receipt to the registered office address indicated at the start of these terms and conditions. Cancellation will only be taken into account by The Kooples if shipment or delivery has not taken place between the sending and receipt of said letter. The Buyer will be refunded at the latest within 14 days as from receipt of the registered letter by The Kooples.

Given the time frames necessary for the manufacture of personalised products, the average delivery times mentioned above do not apply to personalised products.

Consequently, The Kooples also reserves the right to split the delivery of an order composed of several personalised products or a personalised product and other unpersonalised products.


ARTICLE 5: ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER

The Kooples guarantees the conformity of the Product delivered with the essential properties described on www.thekooples.com and that the Product is fit for purpose.

The Buyer must verify the condition of the packaging and conformity of the Product delivered and specify, as may be relevant, any reservations on the carrier's delivery form.

 

ARTICLE 6. RIGHT OF WITHDRAWAL

The Buyer has fourteen days as from the day after receipt of the Product(s) ordered to exercise his right of withdrawal, without it being necessary to provide any reason whatsoever.

The Buyer notifies his decision to withdraw by means of a clearly worded statement:

  • by filling out the withdrawal form accessible here. If the Buyer chooses this option, The Kooples will immediately send acknowledgement of receipt of withdrawal by email.

 

 

  • Or by letter to:


The Kooples PRODUCTION 

Service Relation Clients 

11, rue de Prony

 75017 PARIS

The Buyer must return the Product(s), at his own expense, in its/their original packaging and condition, along with the corresponding bill, to the following address:

The Kooples Retours Internet 

ZAC de la Pépinière 

Cellule n°1 

95470 ST WITZ

The Buyer bears all risks related to this shipment. The Kooples will not be held liable in the case of loss, theft or delay in delivery of the returned Product. The Buyer must provide proof of the return.

The Buyer cannot be held liable regarding depreciation of the product resulting from handling necessary to ensure conformity of the Product(s) with expectations.

If the above-mentioned conditions are fulfilled, The Kooples will refund the Buyer the total order amount, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen, as may be relevant, a delivery method other than the less costly standard delivery method offered by The Kooples), without excessive delay and, in any case, at the latest fourteen (14) working days as from the date on which The Kooples is made aware of the Buyer's decision to withdraw.

 

The Kooples can defer the refund until receipt of the Product(s) returned or until the Buyer has provided proof of shipment of the Product(s), the date retained being whichever happens first.

 

The Kooples will make the refund using the same payment method used by the Buyer for the initial transaction, unless the Parties agree otherwise.

 

In the event of payment by bank card or if the card has expired, refunds can only be made by bank transfer. Communication of bank details is essential in order for the refund to be made.


In any case, this refund will not give rise to any expenses for the Buyer.

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders of articles made specifically to fit customer specifications or which are significantly personalised.

Consequently, the Buyer cannot exercise his right of withdrawal if he orders a personalised product.

However, the Buyer continues to benefit from the guarantees provided for in Article 7 of these Terms and Conditions regarding defective products or products not compliant with the product ordered.

ARTICLE 7. GUARANTEES

All Products sold by The Kooples benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code and the hidden defect warranty provided for in Articles 1641 and following of the French Civil Code.

In any case, The Kooples cannot be held liable for defects resulting from improper use of the product by the Buyer, normal wear and tear of a product, inadequate maintenance or alteration of the product by the Buyer.

7.1 Conformity guarantee (see excerpts of the Civil Code and Consumer Code in Schedule 2)

The Buyer:

  • Benefits from a two-year period, as from delivery of the Product, to take action;

  • Can choose between repair or replacement of the product, subject to the cost conditions specified in Article L. 217-9 of the Consumer Code;

  • Is not required to prove the existence of a defect in confomity when the Product is delivered, for twenty-four months following delivery of the product;

In order to benefit from this warranty, the Buyer must provided dated proof of purchase of the product.

The Buyer can implement this guarantee by informing The Kooples of the lack of conformity by sending an email to customer services at the following address: serviceclients@thekooples.com

7.2 Hidden defect warranty (see excerpts of the Civil Code and Consumer Code in Schedule 2)

Moreover, The Kooples is bound by a warranty against hidden defects affecting its Products which render it unfit for its intended use, or which limit use to such an extent that the Buyer would not have bought said products or would have paid a lower price if he had been aware thereof.

The Buyer benefits from a period of two years as from discovery of the hidden defect to take action.

In the event of implementation of the warranty against hidden defects, the Buyer can choose between cancellation of the sale or a reduction in the price.

In order to benefit from this warranty, the Buyer must provided dated proof of purchase of the product.

The Buyer can implement this warranty by informing The Kooples of the hidden defect by sending an email to customer services at the following address: serviceclients@thekooples.com

7.3 Consideration of the BUYER's request

The Kooples undertakes, in light of the Buyer's request, to exchange or refund the Buyer for the product. In the event of a clear difference in the cost between two options, The Kooples will opt for the cheaper solution.

In the event of a return due to a defect, The Kooples refunds shipping costs upon presentation of the corresponding receipt and in any case at the rate in force. The refund is made on a pro-rata basis of the price of the product in question in the total order amount.

Subject to the Buyer's consent, The Kooples may propose a credit note rather than an exchange or refund.

The provisions of this Article do not prevent the Buyer from benefiting from his right of withdrawal provided for in Article 6.

 

ARTICLE 8. RETURNS

Returns include requests for credit notes and/or refunds.

Without prejudice to the provisions of the legal guarantee, the Buyer has a period of thirty days as from the date of receipt of the order to request a return.

In the context of special sales (Outlet sales), the return period is reduced to fifteen days.

Only articles returned within the specified time frames, in their original packaging, unwashed and unworn will be accepted as a return.

A prepaid return form is attached to the order.

Each return must be accompanied by a return form duly completed by the Buyer in his customer account ("My orders' tab, then "Return a product") and be returned to the address detailed hereafter:

The Kooples Retours Internet 

ZAC de la Pépinière 

Cellule n°1 

95470 ST WITZ

 

During special sales (Outlet Sales and Flash sales) or if the prepaid return voucher is missing, a prepaid label can be downloaded after completing the return form. If this option is not available, the Buyer is invited to complete the return form which can be found in his customer account and send his receipt for postal costs to The Kooples (limited to a maximum amount of 6 euros for France and 16 euros for international packages) and his bank details via the contact form: https://www.thekooples.com/fr/contacts/ticket/


In-store returns (excluding corners) are possible in the context of an exchange for a product of equivalent or greater value than the product ordered. In the event of an exchange for a product of greater value, the Customer will pay the difference in price.

However, refunds are not possible in-store. It should be noted that in-store returns are not possible during special periods (VIP sales, Sales and Outlet Sales).

Personalised products cannot be exchanged and returned for a credit note or refund.


ARTICLE 9. DATA PROTECTION

9.1. PERSONAL DATA AND COOKIES

Personal data

The The Kooples Privacy and Personal Data Policy can be accessed on its website at the following address: https://www.thekooples.com/fr/security-privacy/

Providing personal data in the context of remote sales is obligatory as this information is necessary for the processing and delivery or orders and issuing of bills. This information is strictly confidential and will not be communicated to third parties, with the exception, as may be relevant, of The Kooples partners and in particular the carrier. Failure to provide said information implies automatic refusal of the order.

The Buyer's bank details are not kept after the purchase, unless the Buyer agrees to them being saved on his customer account. In any case, the security number is never stored by The Kooples.

Customers are entitled to request access to or modification, rectification, portability or erasure of his personal data. To exercise this right, the Customer must send an email to The Kooples' customer services at the email address serviceclients@thekooples.com or to the following postal address:

The Kooples PRODUCTION

Service Relation Clients 

11, rue de Prony 

75017 PARIS

Cookies

When consulting the Website, information regarding browsing on the Website on the Customer's device (computer, tablet, smartphone etc.) may be saved in files called cookies installed on the Customer's device, subject to the choices made by the Customer in this respect. These choices are notably the result of settings in the Customer's browser used when visiting the Website, which he can modify at any time. These cookies make it possible to recognise the browser during the validity period of the cookie in question. 

Information regarding use of cookies by The Kooples can be accessed on its website at the following address: https://www.thekooples.com/fr/security-privacy/

9.2. WEB TAGS

Certain pages on the website may contain electronic images or "web tags" which enable us to count the number of visitors to the page or Website, and/or provide The Kooples with a certain number of indicators.

These web tags can be used with certain The Kooples partners, in particular in order to measure and improve visibility of certain pages and, in general, Website efficacy.

In any case, the information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on visits to certain Website pages in order to better serve Website users.

 

ARTICLE 10. MISCELLANEOUS PROVISIONS

10.1. FORCE MAJEURE

The Kooples will not be held liable for total or partial failure to perform its obligations under this agreement if this failure to perform is due to a force majeure event, recognised as such by case law.

The Parties agree to consult one another at the earliest opportunity in order to determine the conditions for the processing of the order during the force majeure period.

In the event of disruption for more than one (1) month due to force majeure, the Parties will be released from their obligations towards one another.

10.2. ENTIRETY OF THE AGREEMENT

These terms and conditions of sale and the order summary sent to the Buyer constitute a contractual whole summarising all agreements entered into between the parties.

10.3 STORAGE AND ARCHIVING OF TRANSACTIONS

The archiving of bills is carried out on a reliable, lasting medium in order to serve as a reliable, lasting copy.

10.4 GOVERNING LAW - COMPETENT COURTS

These terms and conditions of sale and the contractual relations between The Kooples and the Buyer are governed by French law.

 

In accordance with Articles L. 612-1 and following of the French Consumer Code, Customers can contact the consumer mediator via the website www.medicys.fr in an effort to amicably settle a dispute.

 

Before contacting said mediation service, a Customer must contact The Kooples' customer services by sending an email to the following address: serviceclients@thekooples.com to seek to settle the dispute.

 

In the absence of an amicable solution, the dispute will fall under the exclusive jurisdiction of the competent French Court.

 

 

ARTICLE 11. DELIVERY COUNTRIES

On the website https://www.thekooples.com/, The Kooples ships to the following countries:

  • Austria

  • Belgium

  • Bulgaria

  • Cyprus

  • Croatia

  • Denmark

  • Estonia

  • Finland

  • France

  • Greece

  • Hungary

  • Italy

  • Latvia

  • Lithuania

  • Luxembourg

  • Malta

  • Poland

  • Portugal

  • Romania

  • Czech Republic

  • Slovakia

  • Slovenia

  • Sweden

 

ARTICLE 12. PRODUCT PERSONALISATION

The Kooples offers personalisation services for a selection of products, allowing you to choose from a range of colours and add your initials.

Nonetheless, we reserve the right to refuse, at our complete discretion, any request which we deem to be:

  • inappropriate or contrary to public policy or good morals

  • Incompatible with the The Kooples brand image

  • A breach of third-party trademarks or copyrights.

You acknowledge that we reserve the right to refuse your personalisation request. You alone are liable for said request. In this respect, The Kooples cannot be held liable for the personalisation carried out vis-à-vis third parties.

Personalised products cannot be exchanged and returned for a credit note or refund.

SCHEDULE 1: MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the agreement)

To the attention of:

The Kooples PRODUCTION 

Service Relation Clients 

11, rue de Prony 

75017 PARIS


I/We (*) hereby inform you of my/our (*) withdrawal from the agreement concerning the sale of the product(s) below:

 

...

Ordered on:

Received on:

Customer name:

Customer address:

Date:

 

(*) Delete as applicable

 

SCHEDULE 2: EXCERPTS FROM THE FRENCH CIVIL AND CONSUMER CODE

 

1. LEGAL GUARANTEE OF CONFORMITY UNDER THE FRENCH CONSUMER CODE

Article L. 217-4


The seller delivers an article in conformity with the agreement and answers for the defects in conformity existing during delivery.

It also answers for any non-conformity resulting from the packaging or assembly or installation instructions, when it was made liable for said elements under the agreement or they were carried out under its responsibility.



Article L. 217-5


The product complies with the contract:


1° If it is suitable for the intended use of a similar product and, as may be relevant:

  • If it corresponds to the description given by the seller and features the properties that the latter specified to the buyer in the form of a sample or model;

  • If it features the properties that a buyer can legitimately expect given the public declarations made by the seller, the manufacturer or its representative, in particular advertisements and labels;

2° Or if it features the properties defined by mutual agreement of the parties or if it is suitable for any special use sought by the buyer, of which the seller is made aware and which it accepts.



Article L. 217-12


Action based on a lack of conformity must be brought within two years as from delivery of the product.

 


2. HIDDEN DEFECTS GUARANTEE UNDER THE CIVIL CODE


Article 1641


The seller is bound by a warranty against hidden defects affecting the product sold which render it unfit for its intended use, or which limit use to such as extent that the buyer would not have bought said product, or would have paid a lower price if he had been aware thereof.



Article 1648


An action resulting from redhibitory defects must be brought by the buyer within two years as from discovery of the defect.