Terms and Services

1- DEFINITIONS AND SCOPE

« Customer(s) » represents the internet user surfing on www.kappastore.eu and making a purchase online of product(s) for personal purposes.
« Products » represents the products proposed for the online sale in the conditions described below.
« Store » or « Online store » represents the website of e-commerce of  KAPPA accessible by the Internet network at www.kappastore.eu proposing products selling.
« terms and conditions » represents the selling terms and conditions of products on the website.

Kappa is the property of Basic Trademark S.A.. own by BasicNet.
SportFinance is the publisher of the website kappastore.eu (the « store »), is a limited company registered in the Companies Register (RCS NANTES) under the ID number SIRET 423146372 and the head office is located at 41 rue Bobby Sands 44800 St HERBLAIN France with a total asset of 2 060 000 &euro.

The store hosting is ensured by NBS System SARL with a capital of 203 905 Euros, having its head office at 2 rue Jean Rostand 91400 Orsay FRANCE

Kappa France is the only entity entitled to use the relating intellectual property rights and personal rights, in particular trademarks, design patents, copyrights and rights on image, originally or in accordance with express authorisations. Use of the Web-Site in whole or in part, in particular by means of downloading, reproduction, transmission or representation for other purposes than personal and private non-commercial use is strictly prohibited.

These terms and conditions, together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for products made available by us for purchase over the Web Store. Please read these Terms carefully. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.

ACCEPTANCE OF ORDERS

2- ACCEPTANCE OF ORDERS

You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.

After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been despatched to you.

When placing an order for the first time, you will be required to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Web Store, such as the « My Account » section of the Web Store (“Secure Access”). Please note that you shall be responsible for ensuring that such Secure Access is kept secured and confidential at all times.

You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Web Store without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Web Store.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Web Store is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products.
Kappa France has the right to cancel any customers’ order if there has already been a dispute related to her/his previous order, or for any other recognized reason related to an unusual characteristic of the order.

If products are shown on our Web Store but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products.You will only be charged for products which have been despatched to you (together with the relevant delivery charges and any card processing charges).Although we have made all reasonable efforts to correctly display product colours on the Web Store, we cannot guarantee that these will be accurately represented.

The custormer can have a monitoring of his order, by mail at kappa-info@sportfinance.eu.

PRICES

3- PRICES

All prices on this website are stated in Euros. They include any VAT payable but exclude delivery charges.

We endeavour to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Web Store, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Web Store, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.

Kappa France may vary the prices listed on this website at any time and without any notice.

PAYMENT TERMS

4- PAYMENT TERMS

The total cost of your order will be the purchase price for the Products, plus delivery charges.You confirm that the credit/debit card that is being used is yours. The total amount includes the price of the product and the price of delivery. The purchase’s payment is made by the secure payment solution SIPS by Atos Origin for BNP Paribas. You can pay by Credit Card, Mastercard, Visa, American Express, e-CB credit cards or Paypal.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

INVOICING

5- INVOICING

We reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. We recommend to our customers to print and keep the electronic invoices in order to consult them at any time.

DELIVERY, TITLE AND RISK

6- DELIVERY, TITLE AND RISK

Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver products purchased from our Web Store. Details of the locations to which we deliver are available upon request. If you have purchased with European delivery option, your order will be delivered in 7 working days for zone 1 and 10 working days for zone 2. Your sole remedy for any failure by us to despatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.The owning transfer is realised on the date of delivery of such Products to your nominated address. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you. If there is any apparent anomaly of the parcel (damaged, opened, liquid traces ), the buyer or the person who receive the ordered product must not open the parcel and must return it non-opened in a limited period of 5 working days in a post office and declare the damage to kappa-info@sportfinance.eu. Opening the actual parcel would prevent you from appealing (against UPS, or LaPoste).We shall be entitled to deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract and to supply only part of an order.

The online store ensure the order’s delivery on the following areas:

Zone 1: France and Corse.
Zone 2: European Union countries ans Swiss

Delivery costs are 5.90 euros (Zone 1) and 15 euros (Zone 2)

CANCELLATION AND RETURNS

7- CANCELLATION AND RETURNS

If for any reason you are unhappy with your purchase, you have a right to cancel orders for certain items purchased from our website within a statutory cooling-off period. This is 7 working days from the day after the date on which the item in question was delivered.

You can choose to exchange the product for another one or to obtain a full refund of the amount you paid for this product (out of delivery charges, credit card treatement fees)

Whichever of the above options you choose please be aware that incomplete, damaged, worn or soiled items will not be refunded or exchanged. Likewise, return will not be accepted if the tag on the products will not remain attached.

If you choose to obtain a refund, we will send you an email to confirm the refund treatment in 14 days from de product receipt.

Any not received order must be reported by the customer within a maximum of 60 working days from exceeding delivery maximum number of days indicated, by email at kappa-info@sportfinance.eu. Upon receipt of this non delivery notification, KAPPA will conduct a survey on concerned carrier.

Exchanging products is only possible for size issues. However if you ask for another color or another product, it will be another procedure which will involve the refund of your initial order. Then you will be able to place your new order.

To cancel your order, please provide us with written notice by sending an e-mail at
kappa-info@sportfinance.eu, in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.

Please return your purchase to us in its original packaging with any related accessories or instruction booklets, and the relevant receipt and despatch note.

Please replace the item securely in its original packing and return it to us with your despatch note at the following address:

DACHSER LOGISTIQUE
Zone du Landreau
11, rue Johannes Gutemberg,
85 130 LAVERRIE
FRANCE

However, please note that you will be responsible for the costs of returning the items to us and for the contingent customs clearance fees, unless we delivered the item to you in error, or if the item in question is damaged or defective. The refund will be made to the card used when placing your order. We will send you an email to confirm that your refund shall be processed within 30 days, following receipt of your returned product.

Each order non-received must be declared by the customer in 60 working days from the maximum exceeding time by email at kappa-info@sportfinance.eu. At the email recept which declare the non received product of your order.

INTELLECTUAL PROPERTY

8- INTELLECTUAL PROPERTY

The "KAPPA" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Web Store, accessories or packaging, whether registered or not, are and remain the exclusive property of BASIC TRADEMARK S.A..

Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

LIMITATIONS OF LIABILITY

9- LIMITATIONS OF LIABILITY

The "KAPPA" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Web Store, accessories or packaging, whether registered or not, are and remain the exclusive property of Kappa France.

Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

DATA PROTECTION

10- DATA PROTECTION

If you wish to purchase Products on the Web Store you must provide us with the information required by us.

By entering information on the Web Store you represent and warrant that you are using your actual identity; and that all information you provide is true, accurate, current and complete as at the time you provide us with that information.

AMENDMENTS TO THESE TERMS

11- AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.

EVENTS BEYOND OUR REASONABLE CONTROL

12- EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

GOVERING LAW AND JURISDICTION

13- GOVERING LAW AND JURISDICTION

These Terms and all transactions relating to this Web Store are governed by French law and you, and we, hereby submit to the non-exclusive jurisdiction of the French courts.