Privacy Policy and Cookies

The following Privacy policy has been established by Christelle Kocher EURL, a company that sells luxury goods on the Internet under the name KOCHÉ (hereinafter called “KOCHÉ”), in relation to personal data and cookies on the website www.koche.fr (hereinafter called collectively the “Website”).

The Privacy policy applies to all information provided by yourself to KOCHÉ or collected by KOCHÉ during navigation, and describes our practices for collection, use, retention, disclosure and protection of your personal data. It applies to all navigation on the Website runs.

KOCHÉ respect your concerns regarding the confidentiality of the information you provide us. By giving us your personal information and data, you consent to let us use, study and possibly disclose such information and data, in particular to customize and optimize your navigation on the Website and to propose offers that are responding to your expectations.

We invite you to read this Privacy policy carefully along with the various notifications that may be communicated to you at the time we collect data to be fully informed about the collection and the use of your personal data.

We may amend this Privacy policy. The updated terms will take effect 30 days after they are published. If it is necessary, any meaningful change may be notified to you by e-mail.

This Privacy policy has been drawn up in the English language, and the English text shall prevail on any translation made solely for information purposes.

1. General information

    When using the Website, you may be required to provide KOCHÉ with your personal data, especially when registering on the Website, placing an order or subscribing to a newsletter or the loyalty program.

    Any information of a personal nature that you may provide to KOCHÉ to use certain services is governed by the provisions of the French Data Processing, Data Files and Individual Liberties act 78-17 of 6 January 1978 as amended and by the GDPR dated 27 April 2016.

    KOCHÉ may collect certain information concerning your navigation on the Website. Said data are collected in accordance with the terms and conditions of article 5 “Cookies” of this Privacy policy.

    The processing of certain personal information relating to your interactions with our services is considered profiling under the applicable regulation. These processing are conducted in our interest to offer you a high quality and personalized shopping experience and to send you advertising and exclusive offers that are likely to interest you.

    2. Data processing

    2.1 Right to access, amend, remove and oppose data processing

      You have the right to access, amend and remove your personal data, as well as the possibility to oppose the processing of such data, at any time. You can thus manage your subscription to the various newsletters in your personal space on the www.koche.fr website. You can also unsubscribe using the unsubscription link inserted in each communication sent by KOCHÉ.

      Any request concerning the right to access, amend or remove personal data concerning you should be sent to the following address: eshop@koche.fr.

      In order to respond to your request for access, modification or deletion, KOCHÉ reserves the right to request a proof of identity to ensure the legitimacy of the source of the request.

      3. Use of personal data by KOCHÉ

      3.1 Purpose of data collection

      Through the Website, KOCHÉ collects and processes personal data required solely for the following purposes: provide you with goods and services related to your order, improve our services, contact you about your orders and provide you with customer service, offer you a personalized experience on the Website, provide you with personalized advertising, detect and prevent fraud attempts.

      When collecting data of a personal nature, the information required for the above purposes and which is needed to respond to your requests is indicated with an asterisk (mainly civil status, family name, given name, zip code, email address and bank details). If you have not completed the compulsory fields, we will not be able to respond to your requests.

      3.2 Data retention

      The data are kept for a period that does not exceed the length of the time required for the achievement of the goal pursued. We retain your personal data for the minimum duration provided by the law where it is specified. When our legitimate interest requires a different duration of retention of your data, we will consider the sensitivity of the data, the potential risk and security requirements to settle the duration of retention.

      3.3 Recipient of data

      All the personal data collected on our Website is intended for KOCHÉ.

      When processing orders, the data must be transferred to other companies on behalf of KOCHÉ. In such an extent, to reduce the data risk of loss or damage, KOCHÉ undertakes to minimize the information disclosed to third parties to what is absolutely necessary to achieve the goal pursued.

      Whatever the circumstances, KOCHÉ will only transfer your data to other companies in the following specific cases:

      In this context, KOCHÉ requires from their service providers to grant the security of your personal data and comply with the regulation. The service providers of KOCHÉ are not entitled to use your personal data to pursue other purposes than those specified by KOCHÉ in accordance with its instructions.

      Within the framework of an order made directly with a Retailer that sells its products directly on the Website (order sold and sent by the Retailer), the personal data collected will be transferred to this Retailer in order to fulfill its obligations. In this extent, the processing of personal data will be subject to the Retailer’s confidentiality policy.

      Likewise, you may subscribe to the Retailer’s newsletter. The processing of personal data relating to the Retailer’s newsletters will be subject to the Retailer’s confidentiality policy.

      3.4 Data security and confidentiality

      KOCHÉ has done everything necessary to take all and any useful precautions to ensure the security and confidentiality of the personal data processed, to prevent such data from being deformed, damaged or destroyed and to prevent any unauthorised third parties from having access to your data. All the security features used are state-of-the-art, particularly with respect to information systems.

      Insofar as KOCHÉ cannot control all and any risks associated with Internet operations, the attention of Internet users is drawn to the potential risks inherent to the use of the Internet and to operate on the Internet.

      4. “Send to a friend” functions and third parties data collection

      You have the possibility to enter the details of a third party in placing your order. In this case, the person’s data provided will only be used by KOCHÉ to process this order.

      In this respect, you warrant KOCHÉ that the third party whose data have been filled under your control, has been informed that you have provided us their data.

      5. Cookies

      5.1 What is a cookie?

      A cookie is a text file that can be stored in a dedicated space on the hard disk of your terminal (computer, tablet, smartphone) by the web browser you use to consult our Website, according to the choices saved in your browser concerning cookies. The cookie file enables the web server to identify the terminal on which it is saved during the period of validity or registration of the cookie.

      While you browse the Website, data concerning the navigation of your terminal on our Website may be saved in cookie files stored on your terminal. These cookies KOCHÉ to offer you a personalized shopping experience linked to your login device.

      When you visit the Website for the first time and that KOCHÉ want to save a cookie on your terminal, you are warned by an information banner at the bottom of the page. If you continue to navigate the Website after the banner has been displayed, you expressly consent to the use of cookies by KOCHÉ.

      You can change the cookie settings at any time. Below you will find more information concerning cookies and how you can manage cookie settings.

      5.2 Cookies and similar technologies on the Website

      Depending on the choices saved on your browser, navigation on our Website can result in various cookies, web beacons of your IP address, IDFA, geo-tracking via IP address, login and navigation information (referral URL, advertising data, visit statistics, login credentials) stored on your terminal, so that KOCHÉ can recognise your terminal’s browser throughout the period of retention of this information. KOCHÉ collect information from the pages you browse, the links on which you click, and from other actions as part of your navigation related to their commercial offer. Some anonymous Cookies can be saved on your browser at the moment of your connection to our website and will be used by KOCHÉ for statistics needs only.

      The cookies and similar technologies we store on your browser can:

      You may be able to share information with social networks as part of maintaining an account that is personal to you. These social networking sites may allow us automatic access to information that you have posted, for example, a product or content that you would have liked or content that you clicked on. Access to this information may allow us to customise our offers to your attention based on your preferences.

      5.3 Cookies stored due to third party applications on the Website

      KOCHÉ can include computer applications from other sources on the Website which are designed to share the content of the Website with other people or to inform them of content you have consulted. This applies to the “Share” or “Like” button on Facebook, Pinterest and Twitter. The social media providing the application button can then identify you.

      5.4 Third party retargeting cookies

      KOCHÉ works with some carefully selected partners who may place cookies on your browser for advertising purposes. This allows partner sites to display on your device various products based on your interests you have shown by your navigation. These ads may offer you products that you have viewed on our Website, or other related products, styles. You can access to the list of cookies of our partners in our Cookie Tool Manager.

      5.5 Your choices regarding cookies

      There are several ways you can manage cookies. Any change in settings may change your browsing and access conditions to the Website. You can change these settings at any time using the procedures described below.

      You can configure your browser to, depending on your choice, that cookies are saved in your terminal or on the contrary they are rejected. You can also configure your browser so that the acceptance of cookies is offered to you punctually and before a cookie is registered in your terminal.

      KOCHÉ also provides a Cookie Tool Manager so that you can easily exercise you right regarding cookies.

      1. a) Approval of cookies

      Except in the event such cookies are mandatory for our service or anonymous, any cookie registration on your terminal is subject to obtaining your consent that you can express and modify at any time and for free by changing the settings of your browser or in the Cookie Tool Manager. If you have accepted the recording of cookies in your terminal, cookies embedded on the pages and contents you have viewed will be stored in a reserved area of your terminal and will be readable and recognizable only by the issuer.

      1. b) Refusal of cookies

      If you refuse the registration of cookies or if you delete those that are registered, you will not be able to benefit from many features that are necessary for easy navigation on the Website. This would be the case if you want to access the spaces or services where you need to identify yourself. This would still be the case if KOCHÉ or its service providers are unable to recognize, for technical compatibility purposes, the type of browser your device uses, its language and display settings, or the country from which your device appears to be connected to the Internet. In this case, we do not accept any liability for the consequences of the degraded operation of our services due to the settings you have chosen.

      1. c) How to exercise your choices according to the browser you use?

      Regarding the management of cookies, each browser offers different configuration modes. They are described in the help menu of each browser:

      For Chrome:

      For Safari:

      For Mozilla Firefox:

      For Microsoft Internet Explorer:

      For Safari on iOS:

      For Chrome on iOS:

      For Opera:

      For Android browser:

      For Dolphin Browser on Android:

      In the event you share the use of your terminal with others, or if your terminal has several navigation software, we cannot be sure that the advertising services aimed for your terminal correspond to your own use of this terminal and not to the one of another user of this terminal. We remind you that, sharing with others the use of your terminal and configuring the settings for cookies is your sole choice and responsibility.

      For more information about cookies and their use, you can consult the file of the National Commission of Computing and Freedoms at the following address: www.cnil.fr.

      6. Use of data

      KOCHÉ will not transfer or sell your personal data to any unaffiliated third parties or partners unless KOCHÉ has informed you beforehand in messages, agreements or information available on the Website or you have expressly given your consent or are required by law to do so.

      If KOCHÉ is required by law, by an administrative or judicial authority to provide your personal data, KOCHÉ will inform you thereof insofar as possible (unless KOCHÉ reasonably believe it is not authorised to do so, particularly with consideration to any legal or judicial obligations applicable to them).

      Given current technology, in particular that are generally used for telecommunications networks, KOCHÉ cannot guarantee the confidentiality, integrity or authentication of the emails you send or receive from KOCHÉ.

       

      Terms and Conditions

      Foreword

      Christelle Kocher EURL (hereinafter called “KOCHÉ”) markets throughout the world ready-to-wear clothing and accessories for women and men. As a clothing brand, KOCHÉ sells the retail products on its website to final customers only. Any Order that obviously does not correspond to a retail sale and, more generally speaking, any fraudulent Order or Order deemed to be such, will be considered by KOCHÉ to be null and void. KOCHÉ reserves the right to limit the quantities of any item delivered to the same purchaser and even to the same postal address. Before confirming the order, the Purchaser declares that the purchase of products on the KOCHÉ website does not have any direct relationship with a business activity and is limited to strictly personal use. For the purposes of these Terms and Conditions of Sale, the Purchaser and KOCHÉ are individually or collectively referred to as the Party or the Parties.

      Article 1 – Purpose

      The purpose of these Terms and Conditions of Sale (hereinafter called the “Terms and Conditions of Sale”) is to inform any potential Purchaser of the terms and conditions under which the Vendor (hereinafter called “KOCHÉ”) sells and delivers the products ordered and to define the rights and obligations of the Parties in relation to the sale of products by KOCHÉ to the consumer (hereinafter called the “Purchaser”). Said Terms and Conditions of Sale apply, without any limitation or qualification, to the sale of all products proposed by KOCHÉ on its website, accessible via the Internet at www.koche.fr.

      As a result, the fact that the Purchaser orders a product proposed for sale on the KOCHÉ website, regardless of the media used, signifies full acceptance of these Terms and Conditions of Sale, which the Purchaser acknowledges having read before placing an Order.

      KOCHÉ reserves the right to change these Terms and Conditions of Sale at any time. However, the Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser when placing the Order.

      These Terms and Conditions of Sale are completed by the Confidentiality and Cookies Policy.

      Article 2 – Identity of company

      Christelle Kocher EURL, a single owner limited liability company (EURL) with a capital of 100,000 euros, Paris Trade Register n° 522 937 937, is located at 45 avenue Bolivar 75019 Paris.

      Article 3 – Basis of agreement and placing of Orders

      3.1 Prices

      The sales price of the online products sold on the KOCHÉ website, indicated in EUR, is that in force at the time at which the Purchaser placed the Order. The sales price of the products can be changed by KOCHÉ at any time. Any changes will be indicated to the Purchaser before the Order is completed.

      Prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the Order is confirmed to the Purchaser. The different methods of shipping are indicated below in these Terms and Conditions of Sale and are indicated on the Website. They can be changed at any time by KOCHÉ. KOCHÉ thus recommends that the Purchaser should regularly consult the Terms and Conditions of Sale published on the Website.

      Orders placed outside the European Union are “Delivery At Place”. All applicable taxes will therefore be paid by the Purchaser before delivery.

      KOCHÉ regularly checks that the prices on the Website are correct. However, errors can occur. If KOCHÉ observes an error in the price of an Order, the Purchaser will be informed as soon as possible. KOCHÉ reserves the right to cancel the Order of any item whose price is incorrect. If the Order has already been paid, the corresponding amount will immediately be refunded to the Purchaser.

      3.2 Product characteristics

      3.2.1 General provisions

      The Purchaser can select one or several products from among the various categories proposed on the KOCHÉ Website.

      KOCHÉ can change the selection of products proposed for sale on its Website at any time, particularly due to constraints relating to its suppliers, even if the products have been ordered by the Purchaser.

      Pursuant to article L. 111-1 of the French consumer code, the Purchaser can consult the essential characteristics of the product(s) proposed on the KOCHÉ website before placing an Order.

      The products comply with current French legislation. KOCHÉ may not be held liable in the case of non-respect of the legislation of the country to which the product is delivered (e.g. if a product is prohibited). Purchasers must check with the local authorities of the country to which the product is to be delivered whether the importation or use of the products and services they intend to order is authorized.

      KOCHÉ cannot guarantee that the information provided on the product packaging will be translated into all the languages of the European Union. However, the information will be available in at least French and/or English.

      For all questions relating to the products and their use, any additional question or request for advice, the Purchaser can contact the team of KOCHÉ Customer Service Representatives by email at eshop@koche.fr.

      3.3 Availability

      The offers presented by KOCHÉ are valid while they remain on the Website and within the limit of available stocks.

      Whatever the circumstances and in the case of total or partial unavailability of the products after the Order is sent, the Purchaser will be informed by email as soon as possible that the product is unavailable and that the Order has been totally or partially cancelled.

      In the case of total cancellation of the Order by KOCHÉ:

      3.4 Order

      By placing an Order, the Purchaser accepts these Terms and Conditions of Sale and the Confidentiality and Cookies Policy, notwithstanding any special contractual conditions between the Parties.

      Before validating the Order, the Purchaser can check the details of the draft Order and correct any errors.

      The online sales agreement is concluded when the Purchaser confirms the Order by clicking on the “PAY” button (herein called the “Order”.) The Purchaser is deemed to accept the following with full knowledge and consent: the content and conditions of the Order and these Terms and Conditions of Sale in particular, the fact that the Order implies an obligation of payment, and the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Purchaser.

      Once this step has been validated, the Purchaser can no longer cancel the Order. The sale will then be final (unless the Purchaser exercises the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale). The Order will be confirmed to the Purchaser by email. Another email will inform the Purchaser of the shipping date of the Order.

      KOCHÉ recommends that the Purchaser should keep these emails in printed or electronic form. The Purchaser is informed that the emails are sent to the email address given by the Purchaser. Thus, if there is an error in the email address or the Order confirmation message is not received, KOCHÉ cannot be held liable. In this case, the sale will be considered final, unless the Order is cancelled by KOCHÉ, particularly if the products are not available. The Purchaser may nevertheless exercise the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale.

      Finally, KOCHÉ reserves the right to suspend or cancel the processing of an Order and/or delivery regardless of its nature or stage of processing, in the following cases: non-payment of any or all of the amount owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the KOCHÉ website, including on the occasion of previous Orders.

      The Purchaser agrees that KOCHÉ can use the personal data provided to carry out appropriate anti-fraud investigations. The personal data provided by the Purchaser can be transferred to a credit rating agency or fraud control agency which can keep a record of the data.

      Article 4 – Payment

      The Purchaser can pay for the Order on the Website under the conditions set out below. The Purchaser warrants KOCHÉ that it has the necessary authorizations to use the payment method chosen for the Order when the Order was registered.

      4.1 Payment methods available on the Website

      4.1.1 Bank and credit cards

      The following bank and credit cards are accepted on the website: Carte Bleue, Visa, MasterCard.

      4.1.2 Online credit notes

      Online credit notes are credit notes issued exclusively by KOCHÉ and can only be used by the beneficiary on the KOCHÉ Website. They are valid one year from the date of issue.

      4.2 Payment procedure

      All Orders must be paid for. Orders can only be paid in EUR. Any bank charges will be paid by the Purchaser (including in the case of a refund).

      4.3 Security of payment transactions

      Within the framework of the fight against Internet fraud, the data relating to the Purchaser’s Order may be transferred to any third party authorized by the law or appointed by KOCHÉ with the sole purpose of checking the Purchaser’s identity and validating the Order, the payment method used and type of delivery.

      After the above verification, KOCHÉ reserves the right to request a photocopy of the Purchaser’s ID and/or any information relating to the Purchaser’s identity. The Purchaser has the right to access, amend and remove any data of a personal character processed by KOCHÉ, under the conditions set out in the Confidentiality and Cookies Policy.

      Article 5 – Delivery and Acceptance

      5.1 General rules

      The products ordered by the Purchaser in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Purchaser as the delivery address for the Order concerned (“Delivery Address”).

      KOCHÉ delivers to all the countries in the European Union in addition to Monaco and the French overseas territories. KOCHÉ also delivers to numerous countries worldwide.

      5.2 Types of delivery available on the koche.fr website

      The types of delivery listed below are not available in all countries. Certain types of delivery, particularly the messenger service might not be offered to the Purchaser when placing the Order.

      5.2.1 Delivery by messenger in Paris and Inner Suburbs Paris (75, 77, 78, 91, 93, 94, 95)

      The parcel containing the products ordered and paid for is sent by courier to the Delivery Address provided by the Purchaser within three hours for all order placed before 4pm.

      If the recipient is not present or not able to take delivery of the parcel, the KOCHÉ Customer Service will contact the Purchaser or the recipient in order to schedule a second delivery on the day and at the time slot specified by the recipient.

      After two failed attempts at delivery by the courier because the recipient is not present or is not able to take delivery of the parcel, the Order will be deemed to be cancelled and the Purchaser will be refunded.

      5.2.2 Delivery in France and Europe

      UPS Standard Delivery

      The parcel containing the products that have been ordered and paid for is delivered personally to the exact address provided at the time of the Order. All deliveries must be signed for.

      In the case of known absence before delivery, the Purchaser can reschedule the delivery to another day (Monday to Friday) by calling UPS customer service.

      After two attempted deliveries have not resulted in delivery of the parcel due to absence of the recipient or if the recipient was not able to take delivery of the goods, the order will be deemed to be cancelled and the cost of the merchandise refunded.

      5.2.3 Delivery outside of the European Union

      DHL Express Delivery

      The parcel containing the products that have been ordered and paid for is delivered personally to the exact address provided at the time of the Order. All deliveries must be signed for.

      In the case of known absence before delivery, the Purchaser can reschedule the delivery to another day (Monday to Friday) by calling DHL customer service.

      After two attempted deliveries have not resulted in delivery of the parcel due to absence of the recipient or if the recipient was not able to take delivery of the goods, the order will be deemed to be cancelled and the cost of the merchandise refunded.

      5.3 Irregularity, incident, damaged parcel

      5.3.1 General provisions

      The Purchaser or recipient of the Order is invited to check the visible state of the parcel and products at the time of delivery.

      If there are any irregularities concerning the parcel (parcel damaged or opened, traces of liquid, etc.) or the product(s) ordered (missing or damaged product(s)), the Purchaser or the recipient of the Order must follow the procedure set out below (articles 5.3.2 and 5.3.3 of these Terms and Conditions of Sale) which corresponds to the Order conditions or refuse to take delivery of the parcel (in this case, the carrier will take the parcel back).

      No claims concerning the carrier and KOCHÉ will be accepted if the appropriate procedure is not respected. In particular, the Purchaser will not be able to claim a refund. Nor can the Purchaser or the recipient of the Order ask KOCHÉ to have the products delivered again. The Purchaser will be contacted by the Customer Service of KOCHÉ as soon as possible to discuss the refusal. If the problem related to transport is confirmed by KOCHÉ’s Customer Service, the Order will be cancelled and the Purchaser refunded for the price of the parcel and the delivery costs.

      The Purchaser or recipient of the Order can also call KOCHÉ’s Customer Service to find out how to return the damaged product(s). The return procedure for the damaged products indicated by KOCHÉ’s Customer Service must then be strictly followed by the Purchaser. Failing this, the Purchaser cannot claim a refund or an exchange of the products concerned.

      5.3.2 Procedures to be strictly followed when the parcel is damaged

      - 7/7 Premium delivery

      If the parcel is damaged on arrival, the Purchaser can inform the courier of the problem and refuse to take delivery. In this case, the courier keeps the parcel. The Purchaser will then be contacted by KOCHÉ’s Customer Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by KOCHÉ’s Customer Service, the Order will be cancelled and the Purchaser refunded.

      If the parcel is accepted, the Purchaser must:

      - Delivery by DHL

      If the Purchaser observes a problem with the parcel (parcel damaged or opened, traces of liquid, etc.), the Purchaser should not open the parcel but take photographs to provide proof of why it was not accepted.

      The Purchaser must then use the order number and delivery number written at the bottom of the bar code in order to notify the problem by email to eshop@koche.fr which will arrange for DHL to collect the parcel at the Purchaser’s address.

      If the parcel is accepted, the Purchaser must:

      5.3.3 Procedure to be strictly followed in the case of a missing or damaged product

      The Purchaser or the recipient of the Order must notify absence of or damage to a product to the KOCHÉ Customer Service by email at eshop@koche.fr.

      The KOCHÉ Customer Service can ask for information concerning the identity of the Purchaser or the recipient of the Order and proceed with any useful verifications in this respect.

      5.4 Delivery deadline

      The delivery deadline is calculated from reception of the email Order confirmation.

      5.4.1 Delivery in Metropolitan France

      Standard delivery deadline

      The delivery deadline for Orders to be sent to Metropolitan France are those indicated when the Order is placed. The deadline is based on the time at which the Order was placed and the working days in the country of destination. However, for Orders delivered outside the European Union, KOCHÉ will not be held liable for an extension of the delivery deadline due to customs inspections (which can vary according to the destination and legislation of the country of destination).

      During the holiday season (23 November to 31 December), the delivery deadline may be momentarily extended due to the increased activity of carriers.

      5.4.2 Rules applicable regardless of the country of delivery

      If the delivery deadlines referred to above are exceeded for reasons other than a force majeure, the Purchaser can cancel the Order under the following conditions:

      The formal notice to deliver the goods or the request to cancel the Order must be sent by registered letter with recorded delivery to the address indicated under “Contact” on the KOCHÉ Website. If an investigation carried out by KOCHÉ, the result of which shall be deemed to provide proof of the dispute concerned, should show that KOCHÉ or the carrier is exclusively responsible for failure to deliver the goods on time, KOCHÉ will refund the total amount paid by the Purchaser and received by KOCHÉ for the Order concerned, provided the entire Order is returned to KOCHÉ by the Purchaser. The refund shall be in the form of a credit note or a refund according to the Purchaser’s choice, as soon as possible and, at the latest, fifteen days after the date on which the Purchaser exercised the right to cancel the Order.

      However, if the Order is not returned in full or if the investigation shows that KOCHÉ s or the carrier cannot be held exclusively liable, the Purchaser cannot claim either a refund of the amount paid, nor a new delivery of the products ordered unless the Purchaser is able to prove absence of liability by any appropriate means.

      Article 6 – Cooling-off period

      6.1. Legal cooling-off period

      6.1.1. Length of legal cooling-off period

      In pursuance of article L.221-18 of the French Consumer Code, the Purchaser has 14 (fourteen) days from the day of receipt of the parcel containing the ordered products to change their mind without having to give a reason for the decision.

      6.1.2. How to cancel the purchase during the legal cooling-off period

      The procedure to be followed to cancel the purchase during the cooling-off period is described in article 6.3 of these Terms and Conditions of Sale.

      6.1.3. Products excluded from the legal cooling-off period

      In pursuance of article L.221-28 of the French Consumer Code, the cooling-off period does not apply to Orders concerning:

      As a result, the Purchaser is warned that the legal cooling-off period will not apply to products unsealed by the Purchaser and which cannot be resold by KOCHÉ without a health or hygiene risk for consumers. The cooling-off period will not apply to products which have been personalized at the Purchaser’s request. These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

      6.1.4. Consequences of legal cooling-off period

      If the cooling-off period applies and the Purchaser respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded for the returned products.

      6.1.5. Costs

      KOCHÉ will pay the cost of returning the Products by sending the Purchaser a Return Label.

      6.2. Contractual cooling-off period

      6.2.1. Length of contractual cooling-off period

      The Purchaser or the recipient of the Order has fourteen (14) days from the date of receipt of the Order to return the products.

      6.2.2. How to cancel the purchase during the contractual cooling-off period

      The procedure to be followed to cancel the purchase during the contractual cooling-off period is set out in article 6.3 of these Terms and Conditions of Sale.

      6.2.3. Products excluded from the contractual cooling-off period

      The contractual cooling-off period does not apply to Orders concerning:

      As a result, the Purchaser is warned of the fact that the contractual cooling-off period will not apply to products which have been unsealed by the Purchaser and which cannot be resold by KOCHÉ without a health or hygiene risk for consumers. The contractual cooling-off period will not apply to products which have been personalized at the Purchaser’s request. These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

      6.2.4. Consequences of contractual cooling-off period

      If the contractual cooling-off period applies and the Purchaser or the recipient of the Order respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded by KOCHÉ for the returned products

      6.2.5. Costs

      KOCHÉ will pay the cost of returning the Products by sending the Purchaser a Return Label.

      6.3. How to cancel the purchase during the legal cooling-off period and the contractual cooling-off period

      The Purchaser or, where applicable, the recipient of the Order, must inform KOCHÉ of their wish to benefit from the cooling-off period by email at eshop@koche.fr within 5 days after reception of the goods.

      The Purchaser will be refunded for the amount of the Order paid. However, for orders delivered outside the European Union and for which customs duties have been invoiced to the Purchaser, KOCHÉ will not refund the customs duties.

      6.3.1. General provisions applicable to all types of returns (return to the store and return by post)

      The products must be returned to KOCHÉ in the original packaging, together with any accessories, instruction booklets, certificates of authenticity, etc., in a saleable condition, at the latest 14 (fourteen days) after the date of receipt thereof. For shoes in particular, we highly recommend that you try your shoes on a clean floor which would not alter the sole, such as a carpeted surface. The products must be returned using the Return Label sent by KOCHÉ. The Purchaser and the recipient of the Order, if different from the Purchaser, are informed that using the Return Label facilitates processing of the return by KOCHÉ. The Purchaser or the recipient of the Order, if different from the

      Purchaser, is therefore invited to use the Return Label.

      If the Purchaser returns the articles using their own means and at their own expense, it is recommended keeping proof of return of the item by registered post or by any other method which provides a record of the shipping date. The Purchaser must insure the parcel against loss for the value of the contents. KOCHÉ shall not be held liable for the loss of a parcel returned by the Purchaser using their own means.

      The Purchaser may be held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products. In this case KOCHÉ may deduct the difference between the value of the product returned and its initial value when making the refund.

      6.3.2. Return by post

      In addition to the conditions set out in article 6.3.1 of these Terms and Conditions of Sale, the Purchaser or the recipient of the Order who wishes to benefit from the legal or contractual cooling-off period by returning a product by post must follow the instructions below:

      KOCHÉ will not accept parcels or letters sent collect (postage due).

      Article 7 – Warranties

      7.1. Statutory guarantees and warranties

      All products sold on the Website benefit from the statutory guarantee (as defined in articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code) which means that the Purchaser can return products that are delivered with defects or do not comply with the contract of sale.

      7.1.1 Statutory guarantee

      The French Consumer Code stipulates the following in relation to statutory guarantees: Article L217-4: “The seller is required to deliver goods which comply with the contract of sale and is accountable for any lack of conformity at the time of delivery. The seller is also accountable for any lack of conformity resulting from the packaging or from instructions for mounting or installation when the seller is contractually responsible for same or when it is carried out under the seller’s responsibility.”

      Article L211-5 : “To comply with the contract of sale the goods must:

      Article L211-12: The action resulting from lack of conformity is limited to two years after delivery of the goods.

      7.1.2 Warranty against hidden defects

      The French Civil Code stipulates the following in relation to the warranty against hidden defects:

      Article 1641 of the Civil Code: “The seller warrants the goods sold against hidden defects which make them unsuitable for their intended purpose, or which reduce their possible use to such an extent that the purchaser would not have bought them or would have paid less, had they known.”

      Article 1648 of the Civil Code: “Any action resulting from latent defects must be instituted by the purchaser within two years of the discovery of the defect. In the case set out in article 1642-1, the action must be instigated, under pain of debarment, within one year of the date on which the seller can be discharged from liability for visible defects or lack of conformity.”

      In application of the statutory warranty against hidden defects, KOCHÉ, depending on the Purchaser’s choice, shall, after assessing the defect:

      7.1.3 Exclusion from warranties

      Products that have been modified, repaired, incorporated or added by the Purchaser are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not apply to products damaged during transport or due to improper use.

      7.2 Implementation of statutory guarantees and warranties

      In the case of a statutory guarantee, the Purchaser:

      Statutory guarantees and warranties apply independently of any commercial guarantees or warranties that may be granted.

      The Purchaser can decide to use the warranty against hidden defects of purchased goods in the meaning of article 1641 of the Civil Code. In this case, the Purchaser can choose between cancellation of the sale or reduction in the sales price in pursuance of article 1644 of the Civil Code.

      For any request concerning statutory guarantees and warranties, the Purchaser can contact the Customer Service by email at eshop@koche.fr.

      These provisions do not exclude the cooling-off period defined in article 6 above.

      7.3 Consequences of applying guarantees and warranties

      In the case of application of the statutory guarantee and depending on the Purchaser’s choice, KOCHÉ shall:

      In the case of application of the statutory warranty against hidden defects and depending on the Purchaser’s choice, KOCHÉ shall, after assessing the defect:

      Article 8 – Retention of ownership

      KOCHÉ retains full ownership of the products sold until the full price has been completely paid, including the principal, expenses, taxes and compulsory contributions.

      Article 9 – Intellectual property

      KOCHÉ brand, in addition to all figurative and other marks, illustrations, images and logos, all content on the Website (including but not limited to these Terms and Conditions of Sale), is and shall remain the exclusive property of KOCHÉ or the owner of the intellectual property rights concerned.

      Any total or partial reproduction, modification or use of said marks, illustrations, images and logos or any other content on the Website, for any reason and on any media whatsoever, without the prior, written consent of KOCHÉ or the owner of the intellectual property rights concerned is strictly prohibited. The same applies to all copyright, designs and patents represented and/or used on the Website.

      Article 10 – Signature and proof

      KOCHÉ shall do everything possible to protect the personal data of its customers by ensuring a high level of security, but the Purchaser also has a role to play in protecting personal data. In particular, the Purchaser must ensure the security of their online transactions, for example, by not communicating their ID (Purchaser’s email address) and/or password to anyone else and by regularly changing the password. In this respect, KOCHÉ cannot be held liable for the disclosure of information concerning the Purchaser to anyone having used their ID (Purchaser’s email address) and/or password. In this respect, use of the Purchaser’s ID (Purchaser’s email address) and/or password is deemed to be proof of identity, and the obligation, on validation of the Order, to pay the corresponding amount. In no event can KOCHÉ be held liable for the fraudulent use of the above data. Providing credit or bank card details and final validation of the Order are deemed to be proof of acceptance of the Order and the obligation to pay the expenses incurred by clicking on the products in the Order. The computer registers, kept in KOCHÉ’s IT systems and those of its partners, will be deemed to be proof of any communications, Orders and payments which may take place between the Parties.

      Article 11 - Customer Service / Mediation Service

      For all additional information, the KOCHÉ Customer Service can be reached by email at eshop@koche.fr.

      Article 12 – Liability

      12.1 Legal capacity

      Before placing the Order, the Purchaser declares that they have the full legal capacity to contract in pursuance of these Terms and Conditions of Sale. KOCHÉ cannot under any circumstances be held liable for checking the legal capacity of its browsers and Purchasers. As a result, if a person without the legal capacity to contract should order goods on the KOCHÉ Website, the person’s legal guardians (parents, etc.) must assume entire responsibility for the Order and pay the corresponding costs.

      12.2 Disclaimer

      KOCHÉ shall not be held liable in the case of non-performance of any of the obligations resulting from these Terms and Conditions of Sale due to third party negligence even when foreseeable, negligence on the part of the Purchaser, force majeure as defined by the French courts or any other event which could not reasonably be kept under the exclusive control of KOCHÉ. The information accessible on the Website is provided “AS IS” without any guarantee of any kind, either implicit or explicit, concerning the integrity, accuracy, up-to-dateness, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services on the KOCHÉ Website nor their fitness for the use that the Purchaser intends to make of them. KOCHÉ DECLINES ALL RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE WEBSITE. IF THE LIABILITY OF KOCHÉ SHOULD BE ESTABLISHED AND ACCEPTED DUE TO LOSS OR DAMAGE SUSTAINED BY THE PURCHASER AND ATTRIBUTABLE EXCLUSIVELY TO HAVING PLACED AN ORDER, SAID LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO KOCHÉ Any claims made by a user, including the Purchaser, against KOCHÉ must take place within 6 months of the occurrence of the event underlying the claim.

      Article 14 – "Data processing, data files and individual liberties"

      KOCHÉ collects the Purchaser’s personal data and, where applicable, that of the recipient of the Order. The Purchaser is hereby informed that the automated processing of personal data, as well as the management of users’ email addresses, have been declared to CNIL, the French information commissioner’s office. The end purpose, recipients and conditions under which KOCHÉ collects and processes personal data are presented in the Website’s Confidentiality and Cookies Policy.

      Article 15 – Editing of Terms and Conditions of Sale

      KOCHÉ reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, KOCHÉ recommends that the Purchaser and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

      Article 16 – General

      16.1 Partial invalidity

      If any of the provisions of these Terms and Conditions of Sale are held or declared to be invalid in application of an act or regulation or following the final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.

      16.2 Non-waiving of obligations

      The fact that one of the Parties does not presume on a breach by the other Party of any of the obligations set out in these Terms and Conditions of Sale cannot be interpreted in the future as waiving the obligation concerned.

      16.3 Applicable law and competent jurisdiction

      The sale of KOCHÉ products is governed by French law regardless of the country of residence of the Purchaser and where the Order was placed. FAILING SETTLEMENT OUT OF COURT, ANY DISPUTE THAT MAY ARISE RELATING TO THE INTERPRETATION, PERFORMANCE OR BREACH OF THE AGREEMENT BETWEEN KOCHÉ AND THE PURCHASER SHALL BE SUBMITTED TO THE EXCLUSIVE COMPETENCE OF THE FRENCH COURTS IN APPLICATION OF THE RULES DECREED BY THE FRENCH CODE OF CIVIL PROCEDURE, EVEN IN THE CASE OF DIVERSITY OF DEFENDANTS. THE ORIGINAL FRENCH VERSION SHALL TAKE PRECEDENCE OVER THE ENGLISH TRANSLATION OF THESE TERMS AND CONDITIONS OF SALE WHICH ARE PROVIDED FOR INFORMATION ONLY.

      16.4 Term of agreement

      The Terms and Conditions of Sale shall apply throughout the period during which the products are offered for sale on the Website by KOCHÉ up until the end of the warranty period. Whatever the circumstances, the “Liability” clause shall survive extinguishment of the Terms and Conditions of Sale.