TERMS AND CONDITIONS OF SALE

RECITALS

The website https://www.thekooples.com/uk_en/ (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

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 (hereinafter the “Terms”) apply when Customer access the Website, or place orders to purchase any of the products on the Website, including by telephone.

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 and prices are valid while stocks last, for as long as they are visible on the website.

2.2. PRICES, DELIVERY CHARGES AND IMPORT DUTIES      

The prices shown on the Website are indicated in Pounds (£) for the United Kingdom, and include the currently applicable statutory value added tax

Standard shipping cost is free, and we will take care of the import duties on your order whatsoever the amount.

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.

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 (Visa, Eurocard, Mastercard, American Express), PayPal and/or The Kooples gift cards and/or The Kooples credit note.

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.

The Customer confirm that the credit or debit card or PayPal account that is being used is his/her account. All credit or debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment The Kooples will not accept the Customer’s order and The Kooples will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

In the case of payment by The Kooples gift card and/or The Kooples credit note, the Customer will enter the code specified on gift card or on the credit note.

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 and the full payment will be debited upon or shortly before dispatch of the products to the Customer.

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 (“Email of acknowledgment of receipt”).

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 the estimated delivery time defined in the Email of acknowledgement of receipt, but these delivery dates are estimates only. Dispatch dates are not guaranteed and should not be relied upon. The maximum period of thirty (30) days from the date of receipt of the Email of acknowledgement of receipt is guaranteed.

If The Kooples is unable to meet the delivery time initially provided, The Kooples will inform the Buyer as soon as possible, indicating a new estimated delivery time, without incurring any liability to you, being however specified that the Buyer is allowed to cancel the order if the total delivery time exceeds thirty (30) days. To cancel the order, the Buyer must send us the request via the contact form: https://www.thekooples.com/uk_en/contact/.

It is specified that orders placed on the Website on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders placed on the website 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 United Kingdom including the Channel Islands (Isle of Man, Jersey, and Guernsey) and Isle of Wight, 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.

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 AND RETURN

The Buyer can only return to The Kooples, Products which have been purchased directly through this Website. If the Buyer purchased a product at a The Kooples boutique, other retail store, or from another website, the Products must be returned to the original store or site which they were purchased from.

If for any reason the Buyer is not happy with the Product(s), the Buyer shall follow the Kooples Returns Procedure, so that The Kooples can assist the Buyer in the refund of his/her order. The Kooples reserves the right to reject the return of the Product(s) which are not returned in accordance with The Kooples Returns Procedure and The Kooples may request that the Buyer pay for the shipping of such products back to him unless the products are faulty, not as described or otherwise not of satisfactory quality. Our Returns Procedure does not affect the Customer statutory rights.

The Buyer should note that this right to refund without a reason does not extend to customized products or underwear.

6.1    RETURN PROCEDURE

The Buyer has thirty (30) days as from the day after receipt of the Product(s) ordered to exercise his right of withdrawal and return the Product(s), without it being necessary to provide any reason whatsoever.

Items excluded from the return procedure:

-        Items that have been made to the Buyer specifications or clearly personalised.

-        Sealed Products, once they are unsealed/unwrapped after the Buyer has received them

Items that are not suitable for return for health protection and hygiene reasons (eg underwear, swimwear, earrings, …)

a)       Return at a The Kooples store

The Buyer may return any Products purchased through this Website at only 2 The Kooples store in the United Kingdom. The Buyer just need to present, as well as the relevant Product, the e-ticket that was attached to the Email of acknowledgement of receipt and, which is also saved under the Buyer’s account on The Kooples Website. The Buyer can present the e-ticket either by showing it in digital form on the Buyer mobile phone, or by bringing to the store a print-out of the e-ticket.

To make a return in store, there isn't any return request to do from your customer account. You can directly go to one of the 3 The Kooples stores accepting the online returns in the UK :

- 30-31, Carnaby Street, London (W1F 7DL)

- 6, Milsom Street, Bath (BA1 1DA)

- St James Square, Edinburgh (EH1 3AD)

You should bring your order reference, the items you want to return and ideally the parcel used for the delivery.

The return of Product at The Kooples store is free of charge.

The average timeframe for refunds is between 10 to 15 days counting from the date the Product is returned in satisfactory condition at The Kooples store.

The Products bought by the Buyer on the Website during the Outlet sales cannot be returned at The Kooples store.

b)       Return by courier (to The Kooples warehouse):

The Buyer is invited to reuse the packaging his order was shipped in to proceed with the return. The Buyer shall return his Products in mint condition, without them being worn or washed. The sole of the shoes has to be clean and intact. All of the packaging (plastic, boxes), accessories (glasses case), user manual have to be returned and product labels must be attached to the items as sold.

From the Buyer account, the Buyer can access his orders and click on “make a return” (if you have placed your order as a guest, the Buyer shall create an account from his order confirmation email. This information is available at the bottom of the email). Then, the Buyer can select:

-          the items and the return reasons,

-          the way to return the Product between:

o To one of the 3 The Kooples stores accepting the online returns in the UK :

- 30-31, Carnaby Street, London (W1F 7DL)

- 6, Milsom Street, Bath (BA1 1DA)

- St James Square, Edinburgh (EH1 3AD)

o   To The Kooples warehouse. The order will be returned through UPS if you placed an order before December, 14th 2021 - 07:30AM, or through DHL if you placed an order after December, 14th 2021 - 07:30AM. It will be charged to the Buyer £19 that will be automatically deducted from the refund. If the Buyer wish to exchange his Product(s), the exchange will be treated as a return. The Buyer will be refunded in accordance with this clause and the Buyer should then place a new order for the replacement products.

Then click on “validate return list”, the Buyer will receive an email confirming his return details with his return label attached, if the Buyer has chosen to return his order to The Kooples warehouse. After registering the return, the Buyer shall follow the return process:

-          In the case where the Buyer return the order to a shop, the Buyer shall:

1.       Print the return form and save it on his device

2.       Present the return to our sales team. Without this form, the return cannot be processed in-store.

 

-          In the case where the Buyer return the order to our warehouse, the Buyer shall:

1.       Print the return form, the pre-paid return label and the invoice received by email (please, the Buyer shall think to check his spam section). The invoice shall be printed in three (3) copies,

2.       With a concern for environmental respect, the Buyer shall re-use the box in which the order was delivered, and close parcel securely,

3.       Stick the transparent plastic pouch (available in UPS points) on the outside top of the parcel and insert the (3) invoices;

4.       On the top of the box, stick the pre-paid return label with shipping information and with the bar code visible.

The parcel can be dropped to the nearest UPS point: https://www.ups.com/dropoff/?loc=en_GB   

The Buyer shall keep the proof of his/her return given by the postman until reception of the return confirmation email.

The average timeframe for refunds is between 10 to 15 days counting from the date when the parcel has left the depot and if returned in satisfactory condition to The Kooples.

Items that are not complying with this return policy will be returned to the Buyer without refund.

Normally parcels are returned to us within 10 working days but on some occasions returned parcels are delayed especially at busy periods like Christmas or depending on customs control. Please allow up to 15 working days before contacting us. It is important to note that refunds can take up to one month to be completed due to the time an inquiry with our logistics service and carrier company may take. We thank you for your understanding.

The return of Products by courier to The Kooples warehouse is charged £19 corresponding to the return delivery fees and custom duty.

6.2    EFFECTS OF CANCELLATION

If the above-mentioned conditions are fulfilled, The Kooples will refund the Buyer the total order amount, less £19 corresponding to the return fees and custom duties if the return is made by courier to The Kooples warehouse. This amount of £19 will be automatically deducted from the refund.  The refund will be processed and paid without excessive delay and, in any case, between 10 to 15 days as from the date on which The Kooples receives the returned products.

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.

ARTICLE 7. LIABILITY

Nothing in these Terms shall exclude or limit The Kooples liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or any other liability which cannot be limited or excluded by applicable law.

If The Kooples fails to comply with these Terms, we will be responsible for loss or damage the Customer suffers that is a foreseeable result of The Kooples breach of these Terms or The Kooples negligence but The Kooples will not be responsible for any loss or damage caused to the Customer where such loss or damage is not reasonably foreseeable to both the Customer and The Kooples at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by the Buyer and The Kooples at the time The Kooples entered into a contract with the Buyer.

Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law. That said, this does not affect the terms which are included as a matter of custom as required by the Consumer Rights Act 2015 and The Kooples acknowledge that because of that Act The Kooples are under a legal obligation to supply products in accordance with the contract, supply products which of satisfactory quality and reasonably fit for purpose and as described.

The Kooples only supply the products and Website for domestic and private use. The Customer agrees not to use the product or the Website for any commercial, business or resale purposes. The Kooples will not be responsible for any business loss (including loss of profits, loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of our breach of these Terms, use of our Website or our negligence.

This Website is provided by The Kooples on an 'as is' and 'as available' basis. The Kooples makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

The Kooples does not:

-          Accept any liability for damage to the Customer’s computer system or loss of data that results from the Customer use of the Website ;

-          Guarantee that the content and services on the Website will be available, complete accurate or up to date; or

-          Guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, The Kooples will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).

When you order products from the Website, The Kooples aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order. In relation to any loss, damage, or expense suffered or incurred by the Customer other than in relation to the purchase of products, our aggregate liability shall be limited to £100. This is in addition to your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to receive a refund in certain circumstances.

The Kooples is not responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, for example, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers. This condition does not affect your statutory rights.

If an event beyond our reasonable control as described above takes place that affects the performance of our obligations in relation to products ordered from the Website under these Terms with the Customer:

-          The Kooples will use reasonable endeavours to reduce the impact of any such event on the performance of our obligations;

-          The Kooples will contact the Customer as soon as reasonably possible to notify; and

-          The Kooples’ obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects the delivery of products to the Customer, The Kooples will arrange a new delivery date with the Customer, after the event is over.

The Buyer may cancel a contract formed with us which is for the purchase of products by the Buyer from the Website affected by an event which is beyond our reasonable control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and The Kooples will refund the price you have paid, including any delivery charges.

Whilst The Kooples takes steps to prevent misuse of our systems, The Kooples cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. The Kooples recommends that the Customer always use up-to-date firewalls and anti-virus software to protect your equipment and data.

It is not possible for The Kooples to review all websites which are linked from the Website (or link to the Website), and you should therefore take care when following any link. The Kooples cannot accept liability for any loss or damage that may be suffered as a result of following any links.

ARTICLE 8. DATA PROTECTION

The personal information that the Customer provides to The Kooples whilst using the Website will only be collected and used in accordance with The Kooples Privacy and Personal Data Policy that can be accessed on its website at the following address: https://www.thekooples.com/fr_fr/privacy-policy-cookie-restriction-mode/ 

By entering information on the Website, the Customer represents and warrants that he is using his actual identity, and all information he provides is true, accurate, current and complete as at the time you provide us that information.

If the Customer finds that the information transmitted is incorrect or no longer valid, it is the Customer responsibility to change it. The Kooples will not be liable for any errors that may result in the Customer submission of incorrect information.

The Customer consents to information about the device he uses to access the Website being collected and processed for fraud prevention purposes and The Kooples may use third parties (and information they provide) to help him prevent fraud or unauthorised access to the Website.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1. 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.

9.2. 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.

9.3 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.

9.4 GOVERNING LAW - COMPETENT COURTS

These Terms and the contractual relations between The Kooples and the Buyer are governed by the laws of England and Wales.

The Customer agrees, as The Kooples does, to submit to the non-exclusive jurisdiction of the English courts. If the Customer lives in Scotland, he can bring legal proceedings in respect of the products in either the Scottish or the English courts. If the Customer lives in Northern Ireland, he can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Please note that the contract formed between the Customer and The Kooples under these Terms is between the Customer and The Kooples. No other person shall have any rights to enforce any of these Terms.

ARTICLE 10. COMPLAINT POLICY

For all additional information or if you have any reason to complain about our service, we invite you to contact us at the following email address customerservice@thekooples.co.uk or by telephone at 0800 026 0588 (from Monday to Saturday from 8 am to 6 pm - toll free number).

ARTICLE 11. 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.

 

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