1 - Purpose and identification
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by KSGB EUROPE (“the Seller”), a French limited liability company with share capital of €2,600,000, whose registered office is located at Parc Aktiland, 8C Rue de Lombardie, 69800 SAINT PRIEST, registered in the Lyon Trade and Companies Register under number 504 379 009, with consumers and non-professional buyers (“the Customer”) wishing to acquire the products offered for sale by the Seller (“the Products”) on the website https://www.kswiss.eu/.
In particular, they specify the terms of order, payment, delivery and management of any returns of the Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, prior to any transaction with the Customer.
2 - Products offered for sale
The main characteristics of the Products, including illustrations and material indications, are presented on the https://www.kswiss.eu/ website.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the https://www.kswiss.eu/ website are not contractual and shall not engage the Seller’s liability.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
3 - Seller’s contact details
The Seller’s contact details are as follows:
RCS LYON 504 379 009
INTRA-COMMUNITY VAT number: FR 89504 379 009 – APE 4642Z
8C Rue De Lombardie Parc Aktiland
69800 Saint Priest France
Switchboard: 04 72 79 30 00
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) entered into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of its personal data by writing, by letter and providing proof of its identity, to the Seller’s address, mentioned above.
The Customer acknowledges that it has the capacity to contract and acquire the Products offered on the website https://www.kswiss.eu/.
4 - Orders
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
4.1 Placing of the order
It is up to the Customer to select on https://www.kswiss.eu/ the Products it wishes to order, according to the following terms:
The Customer will also be likely to receive emails if the basket has not been confirmed.
4.2 Order tracking
Once the order has been shipped, the Customer receives a tracking link by email to track the delivery of its order.
4.3 Order modification/cancellation
If the Customer wishes to change or cancel its order, it must contact our customer service department via https://kswiss.eu/pages/contact-us.
5 - Price
The Products are supplied at the current prices on the https://www.kswiss.eu/ website, when the Seller registers the order. Prices are expressed all taxes included in Euros.
The Seller reserves the right to change the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on https://www.kswiss.eu/ and calculated prior to placing the order.
A summary invoice for the order may be requested by the Customer from customer service via our customer service via https://kswiss.eu/pages/contact-us.
6 - Payment terms
The price is payable in full, on the day the order is placed by the customer, by way of secure payment, according to the following terms:
The Customer must enter the card type, card number, name, expiry date and security code located on the back of the card in the locations provided for this purpose. The card will be debited immediately at the time of the transaction.
Payment data is exchanged in encrypted mode using the SHA-256 protocol.
7 - Deliveries
The Products ordered by the Customer will be delivered to the address indicated by the Customer at the time of its order on https://www.kswiss.eu/.
7.1. Delivery to Mainland France
Standard delivery to home without signature (Colissimo)
€5 (free for orders of €80 or more)
2 working days from the dispatch of the order
Express delivery to home (Chronopost)
1 day* (for any order placed before 11 a.m.) from the shipment of the order
7.2 Delivery to Europe (Austria, Belgium, Croatia, Czech Republic, Estonia, Finland excluding the Overseas region, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain excluding Overseas regions)
Standard Delivery to Home
€5 (free for orders of €80 or more)
2 or 3 working days from the dispatch of the order
Express delivery to home (DHL Express)
1 or 2 working days from the dispatch of the order
7.3 Deliveries to the United Kingdom (excluding Overseas Regions)
Standard Delivery to Home (Chronopost International)
£5 (free for orders of €80 or more)
2 working days from the dispatch of the order
Express delivery to home (DHL Express)
1 day (for any order placed before 11 a.m.)
Please note: The Seller shall take all necessary measures to comply with the customs regulations in force; in particular, it shall indicate on the commercial invoices affixed to the parcels intended for the United Kingdom the Customer’s contact details, namely its first and last names, postal address, telephone number and email address.
Orders placed outside these destinations will be automatically rejected and will not be sent.
The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within 15 days of the indicative delivery date, for any reason other than force majeure or due to the Customer, the sale may be terminated at the Customer’s written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer shall then be returned to it no later than fourteen days after the date of termination of the contract, to the exclusion of any compensation or deduction.
8 - Returns
8.1 Terms and conditions
Within 30 days of receiving the order, the Customer must go to https://kswiss.eu/a/returns, and enter its order number and email address. After acceptance of the request by the customer service department, a return slip is sent by email to the Customer.
Items must not have been washed or used. The item must be returned in its original, undamaged packaging. The article must be complete. KSGB EUROPE does not accept returned items that do not meet these conditions. As soon as the return has been received, the refund will begin to be processed. Refunds may be issued within 15 working days of receipt of the return for verification and payment processing purposes. Refunds will be returned to the account number from which the original payment was made. However, bank details may be requested from the Customer.
Please note that KSGB EUROPE does not offer exchanges but it is possible to return one or more items from your order. In order to obtain a new size, a new colour or another model, the Customer may place another order online.
A fee will be calculated for the return of the items. These costs will be deducted from the refund price. As soon as we have received the returned items, we begin to process the refund: delivery costs and return costs are not included.
All European countries
9 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to give any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (14 days at the most following communication of the decision to withdraw) following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised using the withdrawal form available on the website https://www.kswiss.eu/.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased is reimbursed; the return and shipping costs (in the case of carriage-free deliveries) shall be borne by the Customer.
The refund will be made within 15 days of receipt of the return.
10 - Seller’s liability - Warranty
10.1 Legal warranty of conformity and legal warranty against hidden defects
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
Any warranty is excluded in the event of damage of external origin or resulting from misuse, non-compliant use, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product.
Article L217-4 of the French Consumer Code
The seller is obliged to deliver a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery (...).
Article L217-5 of the French Consumer Code
To be in conformity with the contract, the goods must:
Article L217.7 of the French Consumer Code
Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-9 of the French Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217.10 of the French Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is offered to it:
However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-12 of the French Consumer Code
The action resulting from the lack of conformity is time-barred by two years from the delivery of the goods.
Article L217-13 of the French Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from prohibitive defects as it results from articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature which is recognised by the law.
Article 1641 of the French Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if it had known about them.
Article 1648 (1) of the French Civil Code: The action resulting from prohibitive defects must be brought by the buyer within two years of the discovery of the defect.
The guarantor of defects in the goods sold is KSGB EUROPE, whose registered office is at Parc Aktiland, 8C Rue de Lombardie, 69800 SAINT PRIEST.
When acting as a legal guarantee of conformity, the Customer has a period of 2 years from the delivery of the goods to act, may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code, is exempted from providing proof of the existence of the non-conformity of the goods during the 24 months following the delivery of the goods. The legal guarantee of conformity applies irrespective of any commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects of the goods sold within the meaning of Article 1641 of the French Civil Code and may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
10.2 Return and refund procedures for defective or non-compliant products
For any return, the Customer must use the link https://kswiss.eu/a/returns. After acceptance of your request by customer service, a return slip is sent to you by email. This return slip must be stuck on the parcel. The parcel must be deposited in a post office.
In the event of a return of a defective or non-compliant product, after confirmation of the defectiveness or non-conformity of the product, the product will be returned to the Customer for the price of the item(s) concerned and the return costs. The Customer may be asked to provide bank details.
11 - Personal data protection
Pursuant to Act 78-17 of 6 January 1978 as amended by Act No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of its order and the preparation of invoices, in particular.
This data may be communicated to any Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website https://www.kswiss.eu/ meets the legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and restriction of processing in relation to the information concerning it.
This right may be exercised under the conditions and in accordance with the terms defined on the website https://www.kswiss.eu/.
pursuant to the French Data Protection Act of 6 January 1978 as amended, and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), KSGB EUROPE processes the personal data of its customers and prospects, hereinafter stated as Customer data and Prospective Customer data.
The data controller is KSGB EUROPE, Parc Aktiland, 8C Rue de Lombardie 69800 SAINT PRIEST, and the GDPR Referent can be contacted at the following address: firstname.lastname@example.org.
Type of data collected
Purposes of processing
This Customer and Prospective Customer data are collected by KSGB EUROPE as part of its activities in order to ensure the placing, management and execution of purchases, orders or reservations (deliveries, returns, refunds), the creation and management of the customer account, management of the loyalty programme, commercial prospecting, assessment of needs by customizing the customer journey with segmentation and/or profiling actions, then performing statistical studies.
The recipients of the data are KSGB EUROPE’s customer and e-commerce departments, as well as a payment service provider (HIPAY), the company ensuring the maintenance of the system (SYNOLIA), the host of the https://www.kswiss.eu/ website (SHOPIFY), our logistics service providers (UPLOG), and our transport service providers (La Poste, Chronopost, DHL) to ensure the delivery of customer orders. Data transfers with our service providers are contractually regulated and in accordance with applicable law, and are subject to an adequate level of data security.
In accordance with the principle of retention of the General Data Protection Regulation, and the Simplified Standard 48 for the management of Customer and Prospective Customer files, personal data relating to customers may not be retained beyond the retention period strictly necessary for the management of the business relationship.
KSGB EUROPE undertakes to delete or archive the Customer data at the end of 3 years following the last purchase, and the Prospective Customer data at the end of a period of 3 years following the last interaction.
An exception is the data necessary to establish proof of a right or contract that may be archived, as provided for by the provisions of the French Commercial Code relating to the retention period of books and documents created during commercial activities, and the French Consumer Code relating to the retention of contracts concluded electronically.
Rights of the data subject
The Customer or Prospective Customer has a right to access and correct the data concerning it, and may also assert its right to erasure or right to be forgotten, as well as its right to object or portability. For any request, it is sufficient to write to KSGB EUROPE, Parc Aktiland, 8C Rue de Lombardie, 69800 SAINT PRIEST.
Lastly, any Customer or Prospective Customer has the right to lodge a complaint before the competent supervisory authority (in France, this is CNIL) concerning the processing of its personal data.
Lawfulness of the processing
The provision of Customer data is necessary for a purchase on the website https://www.kswiss.eu/, in particular for the delivery of the order to the customer. The collection of Prospective Customer data is based on the legitimate interest of the data controller. Lastly, the processing of data by KSGB EUROPE may meet a legal obligation (for example tax or litigation management).
12 - Intellectual property
The content of the https://www.kswiss.eu/ website is the property of K-SWISS INC, Westlake Village, California, 91361, USA is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
13 - Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
14 - Force majeure
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein results from a force majeure event, within the meaning of Article 1218 of the French Civil Code.
15 - Governing law
These General Terms and Conditions of Sale and the transactions arising therefrom shall be governed by French law.
16 - Disputes
These conditions are subject to French law. In the event of a dispute, the Customer will attempt to resolve the dispute amicably.
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination and consequences and which could not be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that it may in any event use conventional mediation, particularly with the Consumer Mediation Commission (French Consumer’s Code Art. L 612-1).
17 - Pre-contractual information - Customer Acceptance
The fact that a natural person (or legal entity) places an order on the website https://www.kswiss.eu/ implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller. These terms and conditions apply for the duration of the online services offered by KSGB EUROPE.
APPENDIX 1 - Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.kswiss.eu/ except where exclusions or limitations to the exercise of the right of withdrawal are set out in the applicable General Terms and Conditions of Sale.
For the attention of
8C Rue De Lombardie
69800 Saint Priest
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below [Indicate the product(s) for which you are withdrawing]:
- Order of “Date”
- Order number:
- Name of the Customer(s):
- Address of the Customer(s):
Signature of the Customer:
(*) Delete as appropriate
|SIZE||BUST||WAIST||HIPS||LENGTH (PANTS)||LENGTH (SHORTS)|
|S||97-102 cm||87-92 cm||95-100 cm||81 cm||17 cm|
|M||102-107 cm||92-99 cm||100-105 cm||82 cm||17,5 cm|
|L||107-112 cm||99-104 cm||105-110 cm||83 cm||18 cm|
|XL||112-117 cm||104-109 cm||110-115 cm||84 cm||18,5 cm|
|XXL||117-122 cm||109-114 cm||115-120 cm||85 cm||19 cm|
|SIZE||BUST||WAIST||HIPS||LENGTH (PANTS)||LENGTH (SHORTS)|
|XS||79-84 cm||69-74 cm||85-90 cm||78 cm||32 cm|
|S||84-89 cm||74-79 cm||90-95 cm||79 cm||33 cm|
|M||89-94 cm||79-84 cm||95-100 cm||80 cm||34 cm|
|L||94-99 cm||84-89 cm||100-105 cm||81 cm||35 cm|
|XL||99-105 cm||89-94 cm||105-110 cm||82 cm||36 cm|