General Conditions of Sale
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The website kaporal.com is the sole official on-line sales site for the Kaporal brand. The site is published by Kaporal Collections.
ARTICLE 1: ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter referred to as the “General Conditions of Sale”) govern relations between Kaporal Collections, S.A., a French simplified public limited company, with share capital of EUR 153 000, of which the registered office is located at 20 boulevard Ampère, 13014 MARSEILLE, registered on the Trade & Companies Register of Marseille under number 378 644 603, hereinafter referred to as the “Seller” or the “Company’, and any private individual of full age acting for purposes that do not fall into the category of commercial-, industrial-, artisanal- or self-employed professional activity, hereinafter referred to as the “Customer”, in the course of looking at or purchasing products offered on the website kaporal.com hereinafter referred to as the “Site”.
The Customer warrants that he/she is a private individual not engaged in trade and has capacity to enter into this contract, i.e. is of full age and not subject to any court guardian- or trusteeship.
Any order implies that the Customer irrevocably accepts the General Conditions of Sale, it being specified that the parties agree that their relations shall be governed exclusively by the same which form the contract.
The placing and taking of an order for any product displayed on the Site assumes that these general conditions have been read beforehand. Accordingly, the Customer acknowledges he is perfectly aware of the fact that his agreement relating to the content of the General Conditions of Sale does not require the manuscript signature of this document, to the extent that the Customer wishes to place an order on-line for products presented on the Site.
ARTICLE 2: SUBJECT MATTER
These General Conditions of Sale are intended to define the terms and conditions of sale of products presented on the Site, between the Seller and the Customer. They govern all the stages necessary for placing an order and enable the parties to track this order on the Site.
ARTICLE 3: ENTRY INTO FORCE - TERM
The Seller reserves the ability to adapt or modify the General Conditions of Sale at any time. They will apply with effect from their release on-line. In case they are amended, the General Conditions of Sale in force on the date the Customer places his order on the Site shall apply.
The General Conditions of Sale are entered into for the period necessary to supply the services, until the warranties incumbent on the Company have been extinguished.
ARTICLE 4: INFORMATION ON AND AVAILABILITY OF PRODUCTS
The Site is designed to offer ready-to-wear garments and fashion accessories for sale.
The basic features of the products offered for sale are described and presented with the greatest accuracy possible (sizes, colours, composition, descriptions, prices, etc.). The photographs illustrating the products are non-contractual. They cannot reproduce the colours or sizes perfectly.
The items offered for sale are those shown on the Site on the day the Customer visits the Site, within the limits of stock availability.
Particulars on the availability of products are supplied at the time of placing the order. A product listed on the Site as being available may, exceptionally, be unavailable after the order has been finally registered.
In the event of a product ordered being unavailable, due in particular to our supply chain, the Customer will be informed when his order is being prepared. Only the amount of the products actually shipped is debited.
No charge shall be applied should the order have to be partially or totally cancelled. In no case is the Seller liable for stock shortages. The Customer may not apply for any compensation for cancellation either.
ARTICLE 5: PRICES
The prices of articles on the Site are stated in Euro, all taxes included; the Value-Added Tax (VAT) included is at the French VAT rate applying as at the date of order. Prices do not include delivery charges; they are billed in addition and stated before the order is confirmed.
For shipments within the European Union (excluding French overseas regions and communities – DROM-COM), the price shown shall be inclusive of all taxes. These prices take account of French Value-Added Tax.
The Seller reserves the right to modify its prices at any time, but will apply the prices in force at the time the Customer confirmed his order.
Payment of the whole of the price in full must be made with the order. At no time will any sums paid be treated as payment of a deposit or an instalment.
ARTICLE 6: ORDERING
6.1 Prior identification of the Customer
To place an order, the user must identify himself with his email address and password. When placing his first order, the Customer must create a “customer account”.
This account will enable him to order on-line, to track his order history, access and download his invoices.
The Customer will be offered the opportunity to receive communications from the brand and/or its partners by email.
This information is necessary for the order to be recorded and shipped.
6.2 Stages in the ordering process
- The ordering process is as follows:
- Choosing the products and adding them to your basket
- Confirming contents of basket
- Completing information on the customer and addressee’s address (Last Name/First Name / Billing address / Delivery address / Email address / Phone number)
- Acceptance of the T&Cs
- Confirmation of order
- Confirmation of payment
The Customer can see the breakdown of the order and its total price and can correct any errors, before confirming his order and thereby expressly accepting the same.
Settling the price for the products renders the order firm and final and no change to the order can be taken into account by the Seller.
The contract is concluded only after the Seller has confirmed the order. The Seller will email confirmation of the order and payment to the email address provided by the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute pending relating to payment for a previous order or who, in the Seller’s view, presents any form of risk whatsoever.
The Customer is responsible for providing all the information at his own liability and the Seller cannot be held liable for any faults that are due to the Customer should it prove impossible to execute the order and see it through to a successful conclusion.
ARTICLE 7: ELECTRONIC SIGNATURE AND PROOF OF THE TRANSACTION
The Customer’s “double-click” on placing the order amounts to an electronic signature which has the same value between the parties as a manuscript signature.
The computerized records which the Company holds in its information systems in reasonably secure conditions shall be treated as proof of the communications, orders and payments that have taken place between the parties. Orders and invoices are archived on reliable durable media which may be produced in evidence.
For any payment made by bank card on the Site, the electronic certificate issued by the on-line payment organisation shall constitute proof of the amount and date of the transaction.
The burden of proof to the contrary is the Customer’s responsibility.
ARTICLE 8: PAYMENT
Payment may be made on-line by bank card or via: Paypal ®. The Customer accepts that his account will be debited for the total amount due at the time of the order. The bank cards accepted for on-line payment are the Carte Bleue type of card, Visa and MasterCard.
Depending on the type of card, the Customer enters his card number, expiry date and the three-digit security code on the reverse of the card, then confirms the data or is able to return to the previous page.
Payments made on-line by bank card will be handled by the Monext PayLine secure payment system. The request for payment is sent in real time to the PayLine secure payment system: the bank satisfies itself that the bank card is valid (no incorrect digits entered, no blocking) and confirms that payment has been registered by issuing a transaction number or informs the Customer that the transaction has been refused.
After the banking organisation has validated payment, the Seller accepts the order and then confirms acceptance in an email to the Customer.
The Customer undertakes to use the bank card which he holds personally. In the event of unauthorized or fraudulent use, the Seller cannot be held liable. In the event there are insufficient funds in the Customer’s bank account or in case of refusal by the banking centres, the order shall be automatically cancelled and the customer alerted by email.
The Seller reserves the right to refuse to carry out a delivery or honour an order placed by a Customer who has not paid for a previous order in full or in part only, or with whom there is a payment dispute pending.
The products remain the Seller’s property until the price has been collected in full by the Seller.
ARTICLE 9: PRODUCT WARRANTY
All products offered for sale on the Site enjoy the legal conformity warranty and hidden defects warranty covering the thing sold, in the conditions of the law.
ARTICLE 10: CUSTOMER SERVICE
The Seller will do everything possible to provide best customer satisfaction. However, should a Customer have a complaint, he may get in touch with the Customer Service department:
By email to the following address: email@example.com,
or via the “Contact” space on the Site, or by post to the following address:
Kaporal Collections – Web Customers Department – 20 Boulevard Ampère – 13014 Marseille - France
ARTICLE 11: CLICK-AND-COLLECT
You can reserve a product, free-of-charge, in any store located in Metropolitan France, from the Site, with no obligation to purchase.
Subject to the store in question confirming availability by email or text message, the product is put aside for you for a period of 48 hours within the limit of the chosen store’s opening hours and days. Picking-up the product and making payment are done entirely within the store. Once the 48-hour period is passed, the store puts the product back on sale and it is no longer held for the customer.
ARTICLE 12: COOLING-OFF PERIOD
In accordance with the law, the Customer has a fourteen (14) day cooling-off or withdrawal period from receipt of the products in which to return them to the Seller for a refund.
If this period expires on a Saturday, Sunday, a bank- or public holiday, it is extended until the next working day.
The Customer is able to return the goods purchased without having to give a reason, within the aforesaid period, the date shown on the delivery slip being the authentic date.
To exercise his right of withdrawal and return the goods and in order that processing is optimal and rapid, the Customer must notify the Seller of his decision to withdraw by one of the following means:
- By logging on to his customer account, in the “My Orders” section. The Customer can generate a return number document by selecting the order concerned and checking the product or products which he wishes to return. After validation, the return number document must be included in the package.
- With Customer Services using the contact form or by email to firstname.lastname@example.org in order to obtain a returns number. To give notice of his decision to withdraw, the Customer can either use the Withdrawal Form, or make an unambiguous statement to this effect by any other means.
So that the cooling-off period is complied with, the Customer must send his request to exercise his right of withdrawal before the cooling-off period has expired.
Download the withdrawal form here and send it back:
- By email at email@example.com
- Or by mail at the following address:
Kaporal Collections - Customer Service - 20 Boulevard Ampère - 13014 Marseille - France
The Customer alone can exercise the right of withdrawal. This right cannot therefore be exercised by the recipient of the order.
On receipt of the request, the Seller will email the Customer an acknowledgement of receipt of his withdrawal, allocating a returns number and giving him the address.
There is no right of withdrawal in the following instances:
- where goods have been unwrapped by the consumer after delivery but cannot be sent back for reasons of hygiene or health protection (e.g.: under-garments, swimwear, etc.).
- goods made in accordance with the Customer’s specifications or clearly personalised (e.g.: altered garments).
The Seller reserves the right to decline any returned goods that have depreciated in value because of being handled other than for reasons necessary to establish the nature or features of the said item (e.g.: prolonged wearing of any item, or a garment that has been damaged, worn, washed, ironed or that has been soiled, etc.). Only items returned in their original packaging, labelled and in perfect re-saleable condition will be accepted.
ARTICLE 13: RETURNING A PRODUCT
The product must be returned to the address which the Seller gave the Customer either when allocating a returns number or on the return number document.
The products must be returned in their original condition and complete, enabling them to be marketed as new, together with the return number document.
The return can be on grounds of an apparent defect or non-compliance of the delivery with the order initially placed, or simply because the Customer wishes to assert his right of withdrawal.
The request to return one or more products in an order must be made within 14 days of receipt of the order, in accordance with the following procedure:
- Directly on the Site, in the “My Account/My Orders” section. The Customer can generate a return number document by selecting the order concerned and checking the product or products which he wishes to return.
- Or by contacting Customer Services using the contact form or by email: firstname.lastname@example.org. To give notice of his decision to withdraw, the Customer can either use the Withdrawal Form, or make an unambiguous statement to this effect by any other means.
In case of dispute over the returned order, the Seller shall, as a matter of routine, require the Customer to provide proof of having returned the order to the Seller. In order to avoid any dispute over the delivery date, the Seller advises its Customers to return goods by tracked mail where possible.
The products must be returned in a timely manner and in all events, no more than fourteen (14) days after the Customer has made known his decision to withdraw from the contract. The period is deemed to have been met if the Customer returns the product before the fourteen (14) day period has expired.
ARTICLE 14: PRODUCT REFUND OR CREDIT NOTE
In the event of the right of withdrawal being exercised, the Seller will make a refund of the sums paid for the item or items returned. At the Customer’s express request, the Seller will issue a credit note for the sums paid for the item or items returned rather than refund the same.
The Customer refund or the issuing of a credit note will be made within fourteen (14) days from receipt by the Seller of the Customer’s request to exercise his right of withdrawal, subject to the product having been duly returned to the Seller.
In the event of a refund, the bank account or PayPal account used for the initial payment will then be credited:
- With the amount of the products returnedand
- With the amount of the initial delivery costs, if the total shipment is being returned, or if the products delivered do not conform to the order.
The refund will be made using the same means of payment as that used for the initial transaction. In no case shall this refund give rise to any costs for the Customer.
In the event a credit note is requested, this will be available in the customer’s account after confirmation from the Seller by email. The amount of the credit note corresponds:
- To the amount of the products returned
- To the amount of the initial delivery costs, if the total shipment is being returned, or if the products delivered do not conform to the order.
The credit note issued is usable with effect from the next order, for a limited period and on the Seller's Website only. Beyond that period, the Customer may see this method of payment declined.
The return costs are at the Customer’s exclusive charge.
In the event of partial return of the products, delivery costs will not be refunded or the subject of a credit note by the Seller to the extent that the Customer has had the benefit of the delivery services for the items he is retaining; the delivery rates not increasing in step with the volume ordered.
In the event of the return (partial or not) of products included in a general promotional offer comprising one or more gifts, the gifts given by the Seller tagged to the purchase of one or more products must be returned to the Seller. In the event the Customer keeps the product or products offered in the context of a general promotional offer, he will be billed for them on the basis of their initial price. An additional invoice will be generated in this respect within fifteen (15) days from the partial return of goods.
In the event of the partial return of products having been the subject of a general promotional offer at a reduced price, any products kept by the Customer shall be billed on the basis of their initial price, with no promotion. An additional invoice will be generated in this respect within fifteen (15) days from the partial return of goods and sent to the Customer.
In the event products are returned outside of the aforesaid period or in a condition not compliant with that specified at article 13 above, the Customer will not receive a refund and will be informed that the products will be kept at his disposal in the warehouse for 1 month. At the Customer’s request, the products can also be re-shipped to him subject to payment of carriage costs.
The refund or issuing of a credit note may be deferred until the Seller has received the product or until the Customer has supplied proof of shipment of the product, the authentic date being the earlier of these two events.
ARTICLE 15: LIABILITY
The Seller is liable for perfect performance of the obligations arising from this contract. However, the Seller may decline liability by bringing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to an unforeseeable and insurmountable act by a party not a party to the contract or a case of force majeure.
The Seller incurs no liability in regard to the disadvantages and harms inherent in using the Internet, which are totally out of the Seller’s control and external to measures and precautions it has taken. In particular, the Seller shall not be liable for any disruption in the supply of the service or any external intrusion or the presence of computer viruses.
The Site complies with French legislation and in no case does the Seller give any warranty as to compliance thereof with the local legislation which might apply, where the Site is accessed from other countries.
ARTICLE 16: NON-WAIVER
The fact of one party not relying on a breach by the other party of any of the obligations under these general conditions shall not be interpreted as tantamount to a waiver of its rights under the obligation at issue in the future.
ARTICLE 17: BAN ON SALES OUTSIDE THE NETWORK
The products are intended to be sold within the Company’s distribution networks only. Accordingly, the purchase of products for re-sale outside the networks and in particular on the Internet, is prohibited. Quite apart from amounting to trade mark infringement, such practices are likely to incur the perpetrators’ civil and, as the case may be, criminal liability.
ARTICLE 18: GENERAL PROVISIONS
These General Conditions of Sale express the whole of the rights and obligations of the parties. No document, no indication or correspondence can create obligations under these General Conditions of Sale except where they are contained in a written agreement signed by both parties.
If any particular provision of the General Conditions of Sale is invalid or found to be such by a final decision of a court in a competent jurisdiction (res judicata) or if any clause in the General Conditions of Sale is voided following a change in the legislation or regulations, the other provisions shall retain their full force and scope; in no case shall that affect the validity of and compliance with these General Conditions of Sale.
ARTICLE 19: GOVERNING LAW AND JURISDICTION
These General Conditions of Sale are governed by the law of the country in which the Customer is resident. In the event a dispute were to arise from this contractual relationship, the parties undertake to seek an amicable solution before taking any legal action.
In case of legal action, the competent court shall be that of the defendant’s domicile or at the complainant’s choice, that of the place of effective delivery of the package.