Kitsune Website US – Terms of Sale
July 15, 2023
This Page provides informations about our company KITSUNE and about the legal terms and conditions that may apply to your use of our website.
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website https://maisonkitsune.com/us/ (Website or Site), the purchase of your products from KITSUNE France SAS (A french company registered under the number RCS Paris 442 154 456, VAT number FR20442154456, capital stock 289 603,80 €, whose registered office is at 9 rue du Helder, 75009, Paris (KITSUNE, we, us and our) and the services (Services) that are provided by GLOBAL-E France SAS; more particularly, GLOBAL-E provides order processing and fulfilment services and is the seller of all products and services purchased through these Sites. The checkout pages on these Sites are provided by GLOBAL-E. On successful verification of your order and payment information, GLOBAL-E buys products from us and resells them to you in accordance with the Global-e Terms of Service.
You must be at least at the age legally required under local law where you are resident to bind yourself legally to these Terms and proceed to purchases on these Sites. By doing so, you confirm that you meet this requirement.
By using our Sites, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms, you must not use our Sites.
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
Article 1: General Use of the Site
CHANGES TO THESE TERMS
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
Please check the terms to ensure you understand the terms that apply at that time.
ACCESS TO THE SITE
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us.
You must treat the account login information you choose or are provided with (e.g. account number, email address, password) as part of our security procedures as confidential. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
As explained above, the checkout pages are provided by Global-e and on successful verification of your order and payment information, Global-e buys products from us to sell to you under the Global-e Terms of Service. Global-e will acknowledge orders placed and confirm whether they are accepted.
Article 2: OPERATION OF WEBSITE AND DELIVERY OF SERVICES
The Website is owned by KITSUNE. KITSUNE has subcontracted the operation of certain aspects of the Website to GLOBAL-E. As such, GLOBAL-E provides and/or procures certain services on behalf of KITSUNE to enable the purchase operation on the Website; such Services include but are not limited to, payment processing, hosting, and delivery logistics. GLOBAL-E FRANCE is a company registered in France and its registered office is 320 rue Saint-Honoré, 75001 Paris. Its registered company number is 818 358 459 and its VAT number is FR54818358459.
Please note that the delivery logistics service is being provided by GLOBAL-E to you, the customer, and as such you are entering into a contract for delivery services provided by GLOBAL-E. GLOBAL-E may make a charge for these services which will be shown at prior to checkout and your purchase of the products.
Article 3: CONSUMMER USE
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. KITSUNE has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- Create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Article 4: PRESENTATION OF PRODUCTS
KITSUNE attempts to presents the Products on the website in order to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions (such as colour, pattern and texture, etc.) are totally accurate, complete, reliable or error-free. The detailing you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.
Article 5: ORDERING AND AVAILABILITY
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. Especially if there is a dispute concerning the payment of the order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). When we accept your order, you will receive a first e-mail with the registration of the order, the invoice and the delivery time of the order. GLOBAL-E will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation) with the delivery number registered with the carrier, allowing to consult the follow up of the delivery. The contract between you and GLOBAL-E in relation to the Product(s) ordered (Contract) will only be formed when GLOBAL-E sends you the Dispatch Confirmation. After entering into the Contract, GLOBAL-E will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose dispatch GLOBAL-E has confirmed in the Dispatch Confirmation. GLOBAL-E will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
There may be other reasons why products cannot be dispatched (e.g. because they are out of stock or if a pricing error is identified). As explained in the Global-e Terms of Service, orders are not accepted (and therefore no commitment is made to supply Products), and no contract of sale will come into effect until Global-e specifically accept orders and notify you by email that they have received the products from the us. Global-e also reserve the right to cancel or refuse orders.
Article 6: PRICE
We use our best efforts to ensure that prices stated are correct but occasionally products or services are incorrectly priced. If this happens, products may not be dispatched or your order may be cancelled after dispatch. In such circumstances, Global-e would refund you.
Please note that prices do not include delivery.
For information about customs duties and taxes, please refer to the Global-e Terms of Service.
Article 7: PAYMENTS METHODS
GLOBAL-E accepts Visa, Mastercard, Discover, American Express, PayPal, Paypal Express Paypal BNPL, Apple Pay, Amazon Pay.
Article 8: CANCELLATIONS, RETURNS AND GUARANTEES
These provisions form part of your sale contract with Global-e and we therefore refer you to the Global-e Terms of Service for further information about cancellations, returns and guarantees.
You have a (14) fourteen days period to retract from your purchase, without having to justify any reason.
We authorize you to return the purchased products within a period of 30 days.
The period of thirty (30) days starts:
- from the day when you or a third party, who is not the carrier, designated by the client has received the ordered item,
- or, in the case of an order for several items delivered separately, from the day on which you, or a third party other than the carrier, designated by you, have received the last item.
You must generate a return on the maisonkitsune.com/us/ website and via the Global-e platform, indicating the item concerned by the return and the reason for the return.
Once KITSUNÉ has issued the return label, you have fourteen (14) days to send the returned Products.
You are responsible for printing the return label and placing it on the package to be returned.
The cost of returning Products may be borne by the Customer, depending on the country of dispatch. In this case, the return costs will be deducted from the amount of the refund for the Products.
In case of difficulty concerning the return of the parcel, it is advisable to contact KITSUNÉ Customer Service in order to obtain the necessary information.
However, KITSUNÉ will not be held responsible for the loss, damage or destruction of the parcel if you generate your return through a service other than Global-e.
Products that are incomplete, damaged, soiled or returned outside the return period will not be accepted. Maison Kitsuné reserves the right to refuse the refund of an item that does not meet the return criteria. In this case, you will receive an email from customer service informing you that your return has not been accepted and we will resend the item concerned. Gift boxes and pouches cannot be taken back, exchanged and/or reimbursed by Maison Kitsuné.
Article 9: INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by KITSUNE. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Article 10: CONTENT
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
Article 11: External links
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of our association with their operators or promoters.
Article 12: Our liability
Nothing in these terms and conditions shall limit or exclude our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation;
- For breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
- Under Part I of the Consumer Protection Act 1987; or
- For any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we or GLOBAL-E be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
Article 13: GENERAL
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by French law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the French courts.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to [email protected].