Terms and conditions
The general terms and conditions of sale detailed below only govern the contractual relationship between the User (hereafter called the “Company”), the trader KOSTPARIS.COM belonging to the company BELAIR DIGITAL SASU with a capital of 100,000 Euros, whose headquarters is situated at Zone Industrielle de la Noue – 49740 La Romagne - France and registered on the register of companies and commerce in Angers under the number 853 733 772, VAT no. FR39853733772.
Any order placed by the consumer on the KOSTPARIS.COM shop implies prior agreement to these terms and conditions.
The consumer agrees in full that these terms and conditions do not require a written signature as the consumer orders products online. The consumer recognizes having the full legal capacity required to agree to these terms and conditions.
APPLICATION OF TERMS AND CONDITIONS
The consumer may save or print these terms and conditions as long as they take sole responsibility for saving or printing this document as these terms and conditions may be amended by the Company. In this event, the applicable terms and conditions are those stated on the website when the consumer places the order.
The online shop launched by the Company as part of the Website provides the following information:
- Legal notice allowing precise identification of the Company
- Main features of available items
- Product prices in Euros (inc. VAT) and where necessary, shipping and packaging fees
- Payment and delivery methods
- Right of withdraw
- Product availability
All information on the kostparis.com Website is available in French and English.
An e-signature is the "double click" in addition to the authentication, non-repudiation and protection procedure for any messages. E-signatures act as written signatures between the parties.
PROOF OF TRANSACTION
Registers processed electronically and saved in the Company’s computer systems in reasonable security conditions are considered as proof of communication, orders and payments between the parties.
Prices on the Website are in Euros. These prices are applied upon placing the order for delivery to the countries listed in the delivery section and do not include additional shipping fees which are detailed on the final purchase order.
Prices are subject to VAT applicable in the country of the taxable customer in European Union. Any change in the legal VAT rate shall apply to the prices of the products available on the KOSTPARIS.COM Website from the date that the new rate comes into force.
Products on KOSTPARIS.COM are subject to availability. The Company reserves the right to amend the product range, delivery times and prices.
Available products are in line with current French legislation and standards. Images, text, graphics, product information and product features are for reference only. The Company shall not be held responsible in the event of errors or omissions in its photos, text, graphics, product information or features.
Contractual information is provided in the form of email confirmation.
FAILURE TO FULFIL ORDER
The Company shall not be held responsible for the failure to fulfil the order in the event of the product being out of stock or unavailable, force majeure, disruption, partial or full strike action (e.g. by postal/transport/communication services), floods or fires.
Should an exchange prove impossible, the Company reserves the right to cancel the consumer’s order and refund the debited amount.
The Company agrees to inform the consumer of any changes to their order regarding delivery times, prices and features to enable the consumer to amend their order based on this information.
The Company recommends the consumer saves information about the order on paper or a reliable computer system until the order has been fulfilled.
ANTI-FRAUD CHECKS: HOW DO THEY AFFECT THE ORDER?
To ensure transaction security and alleviate growing concern about online fraud, we conduct random checks on orders.
As part of a random check, we shall email you to request you send proof of address/identity (to prove your identity and address are real e.g. gas bill, phone bill and ID card) to complete the order.
We are obliged to cancel orders to ensure online transaction security should no proof be received or if the proof provided does not confirm the consumer’s identity/address. The order will then be refunded.
Orders are paid by card, by Apple Pay, Google Pay or by PayPal upon confirmation of the purchase order through a secure website. No card details are stored in the Company’s system.
The Company reserves the right to suspend order processing or delivery should the payment companies refuse to authorise payment.
The Company has established an order verification procedure to ensure that nobody uses another person’s bank details without their knowledge. However, the consumer is informed that the Company shall not be held responsible for any misappropriation or fraudulent use of any payment methods which have not been identified by the verification procedure.
USE OF GIFT CARDS
The gift cards are discounts that you can buy on the site by specifying the amount of your choice.
In order to use the credit corresponding to a gift card, you must enter the code on the gift card on the payment page. You can pay any difference between the amount of a gift card and the price of your order by any of the payment methods offered. The credit note on the gift card is not interest-bearing and cannot be reimbursed.
Deliveries are only available in:
The Company would like to remind the consumer that they are responsible for providing any necessary information for the delivery of their order and must provide a phone number on which they can be reached.
The Company cannot be held responsible for potential typing errors and resulting consequences such as delays or delivery errors. In this event, the consumer is fully responsible for any fees required to reship the order.
Any open/damaged package, accepted or not upon delivery, must be detailed in "comments". They must be detailed on the delivery note by the consumer who must also inform the service provider and Company by email within two days of delivery.
Only damage and anomalies detailed in the comments provided by the consumer shall be considered in resolving claims with the shipping provider.
In the event of delivery issues, the Company would like to remind the consumer that they must keep all items received as they are (inc. packaging and wrapping) until the case has been fully resolved.
Failure to adhere to the aforementioned rules may result in the shipping provider refusing to process the claim.
We recommend you check your delivery address in the order summary. In the event of errors in the delivery address, the consumer is fully responsible for any fees required to reship the order.
Within two working days of the date of delivery, the consumer must inform the Company of any delivery error/non-compliant products in nature or quality in relation to the information stated on the purchase order. Any complaints sent after this period will not be addressed, the consumer shall have no recourse and shall no longer hold the Company responsible.
In the event of receiving the wrong order, the consumer must keep the package/s as they are and inform the Company’s Customer Service department following their terms (see “Contact”).
In the event of non-compliant products, the consumer can inform the Company’s Customer Service department following their terms (see “Contact”).
The Company shall do its utmost to resolve the consumer’s issue as quickly as possible. In these exact events and when the error is due to its services, the Company shall pay for the return of the product/s using the shipping method of its choice.
The consumer is informed that certain documents related to the package/s may be required and the consumer should therefore retain any items received (including packaging) until the case is fully resolved.
Should the consumer exercise their right to withdraw, the consumer can choose between a refund for the debited amount and an exchange equal to the debited amount or with payment of the difference.
All returns must be requested on the “Order History” section of your “Account”. A return number and a return label will then be assigned to you automatically. Return shipping costs are offered. For countries outside France, the return label will be sent by our customer service per email.
All products must be returned to the Company unused and ready to resell with 30 days. No returns or exchanges are available for any product which is damaged, incomplete or whose original packaging is damaged or missing. The return of laces, vinyl or socks are not accepted.
In any event, the consumer is responsible for returns at their own risk.
The returns authorisation number must be visible on the returns packaging and the returns form must be printed and included inside the packaging.
No cash on delivery shipments shall be accepted under any circumstances.
No non-compliance or fault claims for delivered products shall be accepted should they not meet the aforementioned procedures.
If the conditions described above are respected, the refund is made according to the choice of the customer by a store credit or by re-credit to the payment method used during purchase of the customer.
Product exchanges are not possible.
REIMBURSEMENT OF SHIPPING COSTS
The initial shipping costs are reimbursed except in the case of
- a partially returned order
- if you have chosen a delivery method other than the less expensive standard delivery method proposed on kostparis.com.
- delivery in the French Overseas Departments and Territories
In the event of the shipment of an order or product to a country other than mainland France, the Company would like to remind the consumer that they are the importer of the product/s in question. The Company is not liable for any customs, local taxes, import fees or state taxes that may apply. It is the consumer’s responsibility to contact the local authorities about the possibility and legislation regarding importing or using products or services that they intend to receive.
Neither party shall fail to fulfil their duties in the event that their fulfilment be delayed, hindered or stopped by an unforeseeable event or force majeure.
An unforeseeable event or force majeure is any event or unforeseen circumstance that is separate to the parties, unpredictable, unavoidable, outside the parties’ control and cannot be stopped by either party despite every reasonable effort.
For the purposes of clarification, aside from those usually defined by French courts and legal figures, the following are considered unforeseeable events or force majeure:
Transport methods or supplies blockades, earthquakes, fires, storms, floods, lightning
Suspension of telecommunication networks or problems with telecommunication networks outside clients’ control.
Hypertext links may send users to websites other than KOSTPARIS.COM. The Company shall not be held responsible should these websites’ content breach legal provisions or current regulations.
INTELLECTUAL PROPERTY – COPYRIGHT
The “KOSTPARIS.COM” website, “KOST Paris” brand, Product models, photos of Our Products, lookbooks and any content on the Website in general are protected by intellectual property rights.
We or our partners have exclusive exploitation rights for the Website, “KOST PARIS” brand, Product models and the name “KOSTPARIS.COM”. Under no circumstances can Clients copy, portray, broadcast, alter or concede any part whatsoever of the Website (e.g. audio-visual, graphic or literary items) without Our or Our Partners’ prior written authorisation. Full or partial reproduction, imitation or portrayal of Our intellectual property rights, and particularly the full or partial reproduction of Product images on the Website and “KOST PARIS” brand or Product models, could be treated as fraud and subject to the French intellectual property law and/or treated as infringement for which the civil responsibility of the violators shall be subject to the aforementioned laws.
The provision of personal information for the purpose of online sales is compulsory as this information is essential to order processing, shipping and invoicing. The order shall not be confirmed without this information.
We are committed to implementing suitable technical measures to guarantee the safety and confidentiality of information provided by Clients. We are committed to storing personal data for a duration not exceeding that required to fulfil the requirements for which the data was collected and processed.
Should one or more provisions in these terms and conditions be deemed null or declared as such through the application of a law, regulation or following a ruling by a competent court, the other provisions shall retain their strength and scope.
These terms and conditions are subject to French law.
In case of dispute between the professional and the consumer, they will try to find an amicable solution.
In the absence of amicable agreement, the consumer has the possibility of seizing free of charge the mediator of the consumption to which the professional belongs, namely AME CONSO, within one year as from the written complaint addressed to the professional.
The referral to the consumer mediator must be made :
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.