GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale define the rights and obligations of the parties in connection with sales made via the website www.kappastore.eu. They mention and regulate all the steps necessary from the execution to the follow-up of the order.
Kappa reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, the terms and conditions applying to the order will be the ones in force on the day of the placing of the order.
1. Seller identification
Capital of 2 060 000€
41, rue Bobby Sands
RCS (Nantes): 423 146 372
Kappa is the property of Basic Trademark S.A., a company belonging to the BasicNet group.
2. Scope of application
"Shop" or "Online Shop" designate the e-commerce website accessible through Internet at www.kappastore.eu offering for sale products. "General Terms and Conditions of Sale" means the present general terms and conditions of sale for the products on the website. Kappa is the property of Basic Trademark S.A., a company belonging to the BasicNet group. Kappa is indicated as "licensee" of the Kappa brand and the publisher of the website www.kappastore.eu (the "Shop").
"Customer(s)" designates the user(s) browsing through the website www.kappastore.eu and making an online purchase of product(s) for his personal use.
"Products" designates the products offered for sale on the e-commerce website available at www.kappastore.eu.
The hosting of the online shop is provided by NBS System, SARL with capital of 203 905 €, registered in the French Register of Companies under the number RCS 423 410 901 and whose head office is located at 2 rue Jean Rostand 91400 ORSAY, France.
Kappa alone has the right to use the intellectual property rights and related personality rights, such as trademarks, designs, copyrights and image rights, as originating or by express authorization. Access to the online website and the use of its content are subject to the conditions of use described below.
4. Application of the general terms and conditions of sale
The customer declares to have read and accepted the present general terms and conditions of sale before the placing of his order. The fact of accessing, navigating, validating an order on the website constitutes on the part of the visitor an acceptance of the entirety of these general terms and conditions by the customer.
These General Terms and Conditions, associated with all other rules referred to, apply to all orders for products offered for sale via the online store.
It is understood that these Terms and Conditions do not affect the rights you enjoy as a consumer.
5. Validity of the tenders
Our online shop is for customers with a delivery address in the UK or in Ireland or for any destination for which service is available to. Kappa reserves the right to modify at any time these terms and conditions of sale.
Online items on the site are available while supplies last. In the event of a debit or receipt of an order for an unavailable item, Kappa agrees to reimburse the customer within 14 days.
6. Product presentation
Kappa commits to offer the greatest precision in the presentation of the products available on the online shop (characteristics, composition, visuals, etc.). However, Kappa does not expressly warrant the accuracy, reliability and completeness of such information, which may be affected by differences in perception for colours and materials between the photographs illustrating the products and the products actually delivered.
7. Product price
The prices of the products are indicated in pounds and expressed inclusive of charges, except delivery expenses. If the VAT rate had to be changed, these changes could be reflected in the price of the items without informing the customer beforehand.
Outside the European Union territory, customs duties, taxes and fees or other charges on the occasion of the importation of goods are the responsibility of the recipient upon the receipt of his parcel.
Kappa strives to guarantee the accuracy of the online shop's prices. In case of erroneous prices:
- If the correct price of a product is lower than the price indicated on the online store, Kappa will charge the lowest price and ship the product;
- If the correct price of a product is higher than the price indicated on the online store, Kappa will contact the customer to determine if he maintains his order or wishes to cancel.
Kappa may change the prices listed on the website of the online store, at any time and without notice. However, the prices thus modified will only be applicable to new orders and not to those that have already been accepted.
8. Order and payment
The validation of the order by the customer implies acceptance of all the terms and conditions by him.
Before validating the order, the customer will have the opportunity to check his basket (product, price, color, size, etc.) and correct any input errors. If the customer has a special offer, he must enter the code assigned to him in the field provided for this purpose.
After validation of the basket, the customer must select and validate the details of the delivery and payment (identity of the recipient, delivery address, billing address, etc.) and validate the general terms and conditions of sale to proceed with the payment.
The total amount of the customer's order corresponds to the purchase price of the products, including delivery costs. The customer can pay by credit card (Carte Bleue, Mastercard, Visa, American Express) or Paypal. Payments by check or cash are not accepted. The payment of the order is made with PAYBOX secure payment solution. After validation of the payment, the customer definitively validates his order.
For any validated order, the customer will receive an order confirmation email indicating the number of his order and the details of the products ordered. Kappa reserves the right to issue electronic invoices. Since the electronic invoice is a proof of purchase, it is recommended that the customer save and print this document for future reference.
All orders will be accepted by Kappa, except in the cases provided by these General Terms and Conditions (example: unavailability of a product, payment problems). Kappa reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order, or for any other legitimate reason including the abnormal nature of the order.
To have information on the follow-up of your orders, you can reach the customer service by e-mail: firstname.lastname@example.org.
9. Payment verification
The customer holding a credit card is subject to a validation and authorization check carried out by the issuing agency. If this organization refuses the payment authorization, Kappa will not be able to accept the order. In such a case, Kappa cannot be held responsible for any delay or refusal of delivery and will not be required to inform the customer of the reason for the refusal. Kappa will not be responsible for the fees or expenses that are charged by the issuing agency or the customer's bank, when paying by credit card for his order.
The customer will be able to pay for purchases with the credit cards: Carte Bleue, Visa, MasterCard, American Express or by Paypal. They will have to provide their details when ordering. The customer also confirms that the credit card used is theirs.
10. Security of payment
Payments are made through the secure PAYBOX system that uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software. The customer receives a proof of payment by e-mail as well as a payment ticket attesting the debit of his bank account.
On their first order, the customer can choose a username and a password, to facilitate their experiences on the website and to not have to fill out the form prior to placing an order. It will be the client's responsibility to maintain the security and confidentiality of his secure access codes at all times. They are strictly confidential and personal and should not be disclosed or communicated to anyone.
In case of loss or forgetfulness of his password, the customer can click on "Forgotten password" on the site. They will receive an e-mail reset procedure for his password.
It is the customer's responsibility to comply with all of Kappa's safety instructions and regulations. The customer must immediately inform Kappa if they learn of or suspect any unauthorized use of their secure access codes, or if their secure access codes are made available to unauthorized third parties. Without prejudice to its other rights and remedies, Kappa may suspend access to the customer's online store without liability if, reasonably, it believes that it is necessary to take such action to ensure the security of the online store.
12. Delivery, property rights and risks
A) Delivery areas
The online store ensures delivery of orders in the following areas:
- Zone 1: UK
- Zone 2: European Union countries and Switzerland
Customers from countries outside the European Union are responsible for paying customs duties for the entry of goods into their territory. It is understood that these customers pay products excluding VAT (the amount of tax is not reflected in the price of products from the online store).
B) Order preparation time
From the validation of the order, the usual period of preparation before shipment is as follows:
- Validation of the order from Monday to Friday before 7:30 (UK time): preparation and shipping the same day.
- Validation of the order from Monday to Thursday after 7:30 (UK time): preparation and shipping the next day.
- Validation of the order on Friday after 7:30 (UK time): preparation and shipping the following Monday.
C) Delivery time of the order
Orders will be delivered to the delivery address that the customer has indicated on the order form, at their own expense. Kappa cannot be held responsible if the address is incorrect. Kappa does not deliver to PO boxes. The delivery of products purchased on the online store may be subject to territorial restrictions. Kappa is committed to providing the list of delivery areas on request. The order will be delivered within 14 working days. Please note, business days correspond with French working days (Monday-Friday), Saturdays and Sundays not included. If Kappa fails to deliver the order within the allotted period, the customer has the right to cancel the order and get a fully refund to the amount paid for the order. The transfer of ownership of the products is made on the date of delivery of the products to the delivery address indicated by the customer. Upon receipt of the product, the customer bears all risks of damage or loss of the product. In the presence of an apparent anomaly of the parcel (notably damaged parcel, open parcel, traces of liquid, etc.), the customer or the recipient of the ordered products must not open the parcel but is invited to report it unopened within a delay of 5 working days at a post office and to establish a "report of spoliation". In the case of multiple orders, Kappa reserves the right to deliver the products separately (each partial delivery being deemed to be a separate contract) or to deliver only part of the order.
Any order not received must be declared by the customer within a maximum period of 60 working days from the exceeding of the maximum period indicated for the delivery of the products by e-mail to email@example.com. Upon receipt of the notification of non-receipt of the order, Kappa will conduct an investigation with the carrier concerned.
13. Returns, exchanges and refunds
If, for any reason whatsoever, the customer is not satisfied with his purchase, in accordance with the Consumer Rights Act 2015, he has a period of maximum 30 days from delivery date to return at its expense the products ordered for refund (we suggest the customer get a proof of postage). He may choose to exchange this item for another or get a full refund of the amount he paid for this item (excluding shipping and processing fees for payment by credit card).
To make a return, the procedure is as follows:
- 1 / Ensure that the product(s) are in their original condition and packaging, and that all labels are kept attached.
- 2 / In a parcel, insert the duly protected goods, accompanied by the delivery note initially transmitted and the completed return form (attached to the initial order).
- Send the package to the following address: Dachser Logistics / Landreau area Pôle N ° 1/1, rue Johannes Gutenberg / 85130 La Verrie / France
- Upon receipt of the returned package and after verification, the exchange or refund will take place within 14 working days.
Whatever the solution chosen, incomplete, damaged, worn or soiled items are neither refunded nor exchanged. Similarly, returns are accepted only if the products are provided with their original label still attached and the plastic film protection that ensures hygiene.
The customer must replace the item in its original packaging with all the accessories and user manuals that accompany it, making sure to protect it properly, and return it, along with the return slip.
The costs of return of the items, and if necessary the customs clearance costs are the responsibility of the customer, except in the case where an error is incumbent on Kappa (error of delivered article, damaged or defective article).
The exchanges concern only the same articles of different sizes. If the customer chooses the exchange of his product for another different (colour, model, etc.), this is a refund procedure and then a new purchase.
If the customer chooses to obtain a refund, Kappa will send an email confirming the refund processing within 14 working days of receipt of the returned item. It will be done on the card used by the customer when ordering.
For all stages of access to the website, consultation, information forms, ordering, delivery of articles or any other service, Kappa has only an obligation of means. Consequently, it cannot be held liable for any inconvenience or damage inherent to the use of the Internet, and totally outside the diligence and precautions taken by Kappa.
In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the responsibility of Kappa.
Similarly, any event qualified as force majeure within the meaning of the jurisprudence of the Court of Cassation completely exempts Kappa from any liability.
Similarly, any events outside our control or qualified as force majeure that takes place and affects the performance of our obligations under Contract completely exempts Kappa from any liability.
15. Intellectual property
All visual and audio elements of www.kappastore.co.uk, including the underlying technology, are protected by copyright, trademark, patent and image rights. They are the exclusive property of Kappa.
16. Individual-related data
Kappa uses the following cookies on its website:
- Cookie strictly necessary for the delivery of services within the framework of the commercial relationship with the customer.
17. Customer service
For any product or order information or inquiries on www.kappastore.co.uk, you can contact Kappa Customer Service at firstname.lastname@example.org.