General Terms and Conditions of Sale

July 15, 2018


ARTICLE 1: SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales made by KITSUNÉ France, whose registered office is located at 52 Rue Richelieu - 75001 Paris (France) (hereinafter referred to as “KITSUNÉ”), to any natural or legal person wishing to acquire the products offered for sale by KITSUNÉ on its website https://maisonkitsune.com/fr_en (hereinafter referred to as the “Customer”).

These terms and conditions of sale are intended to define the contractual relationship between KITSUNÉ and the Customer, as well as the conditions which apply to any purchase made through the KITSUNÉ commercial website.

By checking the box provided for this purpose, the Customer declares to have read and accepted these General Terms and Conditions of Sale as well as the Privacy Policy before starting the online ordering procedure on the website https://maisonkitsune.com/fr_en. Placing an order for a Product in the online shop on the website implies that you have read and accepted these terms and conditions of sale without restriction or reservation.

The Customer acknowledges having the necessary capability to contract and acquire the Products offered on the https://maisonkitsune.com/fr_en website.

KITSUNÉ reserves the right to modify these general terms and conditions of sale from time to time to reflect changes in legislation. These modifications will be applicable as soon as they are published online. The version that applies to the Customer’s purchase is the current version on the website on the date the order is placed.

Unless there is proof to the contrary, the data recorded in KITSUNÉ’s computer system shall constitute proof of all transactions entered into with the Customer.


ARTICLE 2: PRE-CONTRACTUAL INFORMATION

When a natural or legal person places an order on the https://maisonkitsune.com/fr_en website, this shall imply full adherence to and acceptance of these General Terms and Conditions of Sale, the Privacy Policy and the obligation to pay for the ordered products, which is expressly acknowledged by the Customer, who waives the use of any contradictory document, which would be unenforceable against KITSUNÉ.


ARTICLE 3: ORDERS

3.1 Information about ordering

The contractual information is provided in French and is confirmed at the latest when the Customer validates the order.

Some offers may be specifically announced as being available for a short time only. Because inventories are limited, if the inventory has been sold out, this will be announced at the time of placing the order.

Products are offered within the limits of available inventory, as specified at the time of placing the order. Because inventories are limited, an announcement will be made if the inventory has been sold out. However, if there is an error concerning the availability of the item, KITSUNÉ shall undertake to reimburse the Customer. Some offers may be made for a short time and will be the subject of a specific announcement. Because the inventory is already limited, the notification that the inventory is sold out will be made at the time the time of placing the order.

The Products offered are those which appear in the catalog published on the website and which have been subject to quality control. KITSUNÉ shall endeavor to present all the features of the products by means of photographs and a fact sheet based on the data supplied by the manufacturer. KITSUNÉ undertakes to do its best to describe the products with the greatest possible accuracy, however KITSUNÉ cannot be held liable for any errors or omissions in this presentation. The main features of the Products, including the specifications, illustrations and indications of the size or capacity of the Products are presented on the website.

The Customer is obliged to review this description before placing an order. The choice and purchase of a Product is the Customer’s sole responsibility. The Customer is responsible for referring to the description of each Product in order to be aware of its characteristics and essential features.

The Customer acknowledges that the photographs on the website cannot perfectly represent the appearance of the Product. The actual visual impression may differ slightly from the photograph, particularly with regard to color. The Customer acknowledges that KITSUNÉ cannot be held liable on this basis.

The sale will be considered to be final only after KITSUNÉ has sent the Customer an email confirming acceptance of the order - and after KITSUNÉ has received the full price.

Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of how they market their products. The Customer acknowledges and accepts that KITSUNÉ reserves the right to refuse an order that has obviously been validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders placed for the same product in comparison with the usual quantity ordered by the average consumer.

3.2 Order confirmation

The registration of an order on the Provider’s website is made when the Customer accepts these General Terms and Conditions of Sale and the Privacy Policy by checking the box provided for this purpose and validates the order.

The Customer has the opportunity to check the details and the total price of the order and to correct any errors before confirming acceptance. The Customer is responsible for verifying the accuracy of the order and for immediately reporting any errors.

The Customer must:

  • Validate his/her orders in the shopping cart after checking it;
  • Log in to his/her Customer account if he/she has one. Otherwise, the Customer may either create a personal Customer account, or choose to continue the purchase without creating an account;
  • Indicate or confirm the billing and delivery address;
  • Confirm his/her order and payment amount;
  • Validate payment.

Any order placed on the website constitutes the establishment of a contract entered into remotely between the Customer and KITSUNÉ.

KITSUNÉ reserves the right to cancel or refuse any of the Customer’s orders when there is a dispute over payment for a previous order.

The Customer can track the progress of his order on the website.

KITSUNÉ will send the following information in an initial email: registration, order confirmation, invoice and delivery time of the order.

KITSUNÉ will send the carrier’s registered delivery number in a second email so the Customer can track the delivery.


ARTICLE 4: RATES

The currency varies according to the country in which the Customer is located. However, the Customer may select a different country of delivery. In this case, the price displayed will be the price that applies to the place of delivery selected by the Customer.

4.1. For delivery in Europe

The prices in euros are displayed inclusive of all taxes, excluding the cost of shipping.

The prices displayed on the Website will be invoiced including all customs taxes. These prices are to be understood as being “duty paid” (or DDP “Delivery Duty Paid”). At the time of the importation of the product, KITSUNÉ will pay the freight forwarder the total amount of customs duties and formalities, as well as the applicable import taxes.

4.2. Japan

The prices are displayed in yen, excluding tax. Customs taxes and formalities are the exclusive responsibility of the Customer.

The Customer therefore undertakes to check to see whether it is possible to import the ordered products to the country of delivery. Delivery is made on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all import or local taxes on the order.

4.3. The United States and Canada

The prices are displayed in US dollars, excluding tax. Customs taxes and formalities are the exclusive responsibility of the Customer.

The Customer therefore undertakes to check to see whether it is possible to import the ordered products to the country of delivery. Delivery is made on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all import or local taxes on the order.

4.4. Hong Kong, China et Macau

The prices are displayed in HK dollars, excluding tax. Customs taxes and formalities are the exclusive responsibility of the Customer.

The Customer therefore undertakes to check to see whether it is possible to import the ordered products to the country of delivery. Delivery is made on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all import or local taxes on the order.

4.5. The rest of the world

The prices are displayed in euros, excluding tax. If the products are delivered to a country outside of Europe that is associated with the euro currency, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified.

The Customer therefore undertakes to check to see whether it is possible to import the ordered products to the country of delivery. Delivery is made on a DDU (Delivery Duty Unpaid) basis. The recipient will be obliged to pay all import or local taxes on the order.


ARTICLE 5: PAYMENT TERMS AND SECURITY

Payments will be secured by the ADYEN payment system. Information on this system is available at http://www.adyen.com. All information exchanged for processing payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. This data is not stored on KITSUNÉ’s computer systems.

The price is payable in full, in cash, on the day the Customer places the order, by secure payment according to the following methods: by bank card (including Visa, Mastercard, American Express, JCB, Diners Club, Discover, Maestro, as well as by the other bank cards indicated on the website) or via PayPal.

PayPal is PCI DSS (Payment Card Industry Data Security Standard) certified by Visa and MasterCard.

The Customer’s account will only be debited when payment for the order has been validated.


ARTICLE 6: TERMS OF DELIVERY

Delivery is available in the following countries: Algeria, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, French Guiana, Georgia, Germany, Greece, Guadeloupe, Guam, Guatemala, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Malaysia, Maldives, Malta, Martinique, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Caledonia, New Zealand, Norway, Paraguay, Peru, Poland, French Polynesia, Portugal, Puerto Rico, Qatar, Reunion Island, Romania, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, USA.

Except in special cases or the unavailability of one or more Products, the ordered Products will be delivered as a single delivery.

The address indicated by the Customer cannot be modified once the order has been validated. KITSUNÉ or the carrier cannot be held responsible in the event of the inability to deliver due to an inaccurate delivery address (please note that the use of post office boxes is prohibited).

The delivery will be made according to the following methods:

  • For deliveries in France, shipments will be made via La Poste Colissimo.

The package will be delivered to the recipient’s mailbox or against signature if the package weighs more than 5kg. If the package does not fit in the recipient’s mailbox, a delivery note will be left in the mailbox indicating the address of the post office where the Customer can collect the package. The Customer will have a period of 15 consecutive days to recover the package. After this period, the package will be returned to KITSUNÉ.

  • For international deliveries, shipments will be made via DHL.

Shipments are delivered to the Customer’s address provided through KITSUNÉ. DHL may inform the Customer of an upcoming or missed delivery. The Customer may be offered an alternative delivery option, such as delivery on a different date, delivery without signature, re-routing of the shipment or delivery to a DHL Relay Point. KITSUNÉ may exclude certain alternative delivery options.

The Customer can track the progress of the delivery on the La Poste or DHL websites by using the tracking number that will be sent by email.

In the event of a delay in delivery which is more than seven working days after the delivery date indicated at the time of the order, the Customer may request the cancellation of the sales contract and receive a full refund. This request can be made by email to the following address: customerservice@maisonkitsune.fr.

Delivery costs are fixed and determined as follows:

  • Delivery in France: 8 euros
  • Delivery in Europe, outside of France: 12 euros
  • Delivery to Japan: 5100 yen
  • Delivery to Hong Kong, China or Macau: 365 HKD
  • Delivery to the United States and Canada: 26 USD
  • Delivery to the rest of the world: 40 euros

The delivery cost amount is indicated in the shopping cart section and must be approved by the Customer before each order is validated.


ARTICLE 7: TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from KITSUNÉ to the Customer shall be made at the time of delivery. This constitutes the transfer of physical possession or control of the Product to the Customer.

The transfer of the risks of loss and damage regarding the Products shall be made at the same time, that is, when the Customer physically takes possession of the Products. Therefore, the Products shall be transported at the risk and peril of KITSUNÉ.


ARTICLE 8: RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) days to withdraw from the purchase, without having to justify any reason.

The fourteen (14) day period begins:

  • on the day on which the Customer or a third party designated by the Customer, who is not the carrier, has received the ordered item,
  • or, in the case of orders for several items delivered separately, on the day on which the Customer or a third party designated by the Customer, who is not the carrier, has received the last item.
  • The Customer must notify the Company by completing the form below, which is also available at the following address: Maison-Kitsune-CANCELLATION_FORM.pdf, or by sending a clearly worded statement by:
  • email to: customerservice@maisonkitsune.fr
  • regular mail to Maison Kitsuné –Webstore – 10 Rue Chauchat 75009 Paris, France

WITHDRAWAL FORM

- I/We [*] hereby notify you [*] of my/our [*] withdrawal from the contract regarding the sale of the item [*]/the provision of the service [*] indicated below

- Article ___[reference]_____________

- Ordered on [*]/received on [*]: ______________

- Name of consumer(s):

- Address of consumer(s):

- Signature of consumer(s) (only if this form is being submitted on paper)

- Date

[*] Please cross out the wording that does not apply.

The Customer then has a period of fourteen (14) days from the notification of withdrawal to return the products at his/her own expense to the following address: Maison Kitsuné – Webstore, 10 Rue Chauchat, 75009 Paris, France.

The products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) in order to allow them to be remarketed in new condition and accompanied by the purchase invoice. Damaged, dirty or incomplete Products will not be accepted.

KITSUNÉ recommends that Customers wishing to exercise their right of withdrawal use the following carriers: DHL, FedEx or UPS


ARTICLE 9: REIMBURSEMENT

If the right of withdrawal is exercised under the above conditions, KITSUNÉ shall reimburse only the price of the purchased Product(s) and the costs of delivery. The Customer shall bear the return costs.

After verification of the Products, KITSUNÉ shall reimburse the Customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days after receipt of the Product(s) returned by the Customer.

No refunds will be made to Customers who have not exercised their right of withdrawal under the conditions provided for in this article.


ARTICLE 10: CUSTOMER SERVICE AND CLAIMS

In the event of a claim, the Buyer may first contact Kitsuné customer service by email at: customerservice@maisonkitsune.fr or call: +33(0)142626463

The switchboard is open Monday through Friday, from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m.

As a second recourse, Buyers who consider that they have not received a satisfactory response from customer service may contact the Médicys Mediation Center. The Mediator can be contacted on the Internet at the following address: www.medicys.fr.

The Mediator may also be notified by sending a letter to the following postal address: Médicys – 73 Boulevard de Clichy 75009 Paris, France.

The Buyer must provide proof of having first contacted customer service. The Médicys mediator will then process the Buyer’s request if it is admissible.


ARTICLE 11: LIABILITY AND GUARANTEE

The Products sold on the https://maisonkitsune.com/fr_en website comply with the current regulations in France and are intended for non-professional use.

In accordance with the legal provisions and independently of the right of withdrawal, the Products provided by KITSUNÉ automatically entitle the Customer, without additional payment, to:

  • the legal guarantee of conformity of goods for Products that appear defective, damaged or do not match the order;
  • the legal guarantee against hidden flaws arising from defects in material, design or manufacture which affect the delivered products and render them unfit for use, under the conditions and in accordance with the procedures listed below.

Within the framework of the legal guarantee of conformity, the Customer:

  • Has a period of two years from the delivery of the item to take action against KITSUNÉ;
  • Can choose between having the ordered Product repaired or replaced, subject to the cost conditions provided by Article L 217-9 of the French Consumer Code;
  • If the ordered Product cannot be repaired or replaced, the Customer may request a refund of the amount paid for the order;
  • Is exempted from reporting the proof of the existence of the lack of conformity of the Product during the first six months following the delivery of the Product. As of March 18, 2016, this period has been extended to 24 months, except for second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee which may also cover the Product.

The Customer may decide to exercise the guarantee against hidden defects in the Product in accordance with Article 1641 of the French Civil Code. In this case, the Customer may choose between cancelling of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

In order to assert his/her rights, the Customer must inform KITSUNÉ in writing of the non-conformity of the Products by sending an email to: customerservice@maisonkitsune.fr or by sending a registered letter with proof of receipt to KITSUNÉ to the following address:

Maison KITSUNÉ
Webstore Shipping Service
10 Rue Chauchat
75009 Paris, France.

KITSUNÉ will pay the return shipping costs.

KITSUNÉ will refund, replace or have the non-conforming Products or parts repaired under warranty.

Shipping costs will be reimbursed on the basis of the invoiced shipping rate and return costs will be reimbursed upon submission of proof of purchase.

The refund will be credited to the Customer’s bank account or sent to the Customer by bank check.

KITSUNÉ shall not be held liable in the following cases:

  • non-compliance with the laws of the country to which the products have been delivered, which it is the Customer’s responsibility to verify,
  • in case of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the Product, accident or force majeure.

In any event, KITSUNÉ’s warranty is limited to the replacement or refund of non-conforming or defective Products.


ARTICLE 12: LIABILITY AND FORCE MAJEURE

In the online sales process, KITSUNÉ shall be bound only by an obligation of means. KITSUNÉ cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, hacking, viruses, service interruption or other unintended problems.

However, concerning the non-performance or the improper performance of the contract, KITSUNÉ can exempt itself from all or part of its liability by providing proof that the damage is attributable to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure. Force majeure takes into account unavoidable facts or circumstances external to the parties, despite all reasonable efforts to prevent them. Cases of force majeure also include blockages of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties.

The party affected by force majeure shall notify the other party within five working days following the date on which the party became aware of it. The two parties shall then agree on the conditions under which the performance of the contract may be continued.


ARTICLE 13: INTELLECTUAL PROPERTY

The content of the https://maisonkitsune.com/fr_en website is the property of KITSUNÉ and its partners and is protected by French and international intellectual property laws.

Any reproduction in whole or in part of this content is strictly prohibited and may constitute an infringement of copyright. No person is authorized to reproduce, exploit, broadcast or use the visual or audio elements, or part of the elements, of the site for any purpose whatsoever. Simple or hypertext links are strictly prohibited, except with the express written consent of KITSUNÉ.

KITSUNÉ also retains ownership of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes made (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer agrees not to reproduce or use these studies, drawings, models and prototypes without the express prior written authorization of KITSUNÉ, which may be contingent upon financial compensation.

Consequently, any copy and use of the KITSUNÉ trademark or any parasitic use of the website will be automatically prosecuted and punished.


ARTICLE 14: PERSONAL DATA AND COOKIES

Personal data and website cookies are processed in accordance with Kitsuné’s Privacy Policy, which is available here


ARTICLE 15: APPLICABLE LAW

These online General Terms and Conditions of Sale are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.


ARTICLE 16: LEGAL INFORMATION

KITSUNÉ France is a simplified joint stock company with a capital of 289,603.80 euros, whose registered office is located at 52 Rue de Richelieu - 75001 Paris, France, registered in the Paris Trade and Companies Register under number 442 154 456 Paris B. SIRET number: 442 154 456 000 28. Intra-Community VAT identification number: FR20442154456