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Legal mentions

Introduction

KENZO manufactures and markets KENZO products directly and indirectly all over the world.

While maintaining out network of boutiques that sell KENZO products (the “Products”), we also have an online shop that is accessible at the following address: http://www.kenzo.com (the “E-Shop”)

A detailed description of KENZO products is available when looking at each product individually in the E-Shop.

The system set up in this way requires you to play an active role. It complies with the legal requirements with regard to on line selling and consumer protection.

The on line selling process described in these General Conditions of Sale (hereinafter the “General Conditions of Sale”) is reserved solely for the use of consumers acting exclusively for their own account. The Products are therefore not meant to be resold.

1 – SCOPE OF APPLICATION

The General Conditions of Sale apply to all of your orders involving KENZO products that are sold through our E-Shop. We ask you to read them carefully.

You can access the General Conditions of Sale at any time at our website and keep an electronic or printed copy of them.

The General Conditions of Sale remain in effect as long as they appear on our website.

You declare to have read these Terms and Conditions before placing an order. The validation of your order signifies unconditional acceptance of our General Conditions of Sale, the Legal Notice and the website’s Terms of Use.

2 – IDENTIFY OF THE OFFERING PARTY

KENZO products are sold by the following company:

KENZO, a Société Anonyme with share capital of € 2.153.040, registered with the Register of Companies of Paris as number 402 180 194, whose registered office is located at 18, rue Vivienne, 75002 Paris, and whose VAT registration number is FR 80.402.180.194.

3 – ORDERS

You can choose the KENZO products that you wish to order, using the following procedures:

3.1 Orders in the E-Shop

When you place your first order, we will ask you to open a client account and to fill out an order form, providing information in certain mandatory fields so that we can process your order.

In the event of a period of inactivity during the connection, it is possible that the KENZO products that you chose will no longer be available. You will then be asked to re-enter your selection of KENZO products from the beginning.

Before any final order, you will have the opportunity to check the details of your order and its total price, and to correct any potential errors, before confirming that order in order to express your acceptance.

For any order that you place through our E-Shop, a confirmation email will be sent to you with in particular your order number and the details of the KENZO products you have ordered.

All of the stages necessary for placing an order are described on our website.

We keep copy of any orders during 6 years.

Despite all the care we take in presenting the KENZO products in our E-Shop, we cannot guarantee that their real appearance will correspond exactly to how they appear on the screen.

3.2 Limitations

We reserve the right to limit the quantities of KENZO products that we supply, and/or to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order.

Certain products may be subject to certain import restrictions specific to your country.  You will be notified at the checkout page and be asked to remove the item from your cart.

4 - PRICE

The price of KENZO products is given in euros, including taxes, respecting rules of the shipping country. By exception the price of the products delivered in Great Britain are in Pounds (£), including taxes. 

You will not receive a VAT refund for your purchases on our site.

We pay the closest attention to the accuracy of the prices in our E-Shop. However, in the case of an error on our part, we reserve the right to not provide the KENZO products for which the posted price was manifestly incorrect.

We can modify the prices listed in our E-Shop at any time and without prior notice. However, such modified prices will only be applied to new orders, with the exception of orders that have already been placed.

There is no duty charges when shipping within the European Union.

5 - CONDITIONS OF PAYMENT

Methods of payment accepted are: credit card (Visa, Mastercard, American Express, Carte Bleue and Maestro) and Paypal. Local payment methods are also accepted: Sofort in Austria, Belgium and Germany, Ideal in the Netherlands and Mister Cash in Belgium.

Payments made with Paypal, Sofort and Ideal are debited immediately while all other payment methods are debited at the time the order is shipped. 

Your payment will be regarded as a deposit. Consequently, if, for any reason beyond our control, we could not deliver the products you ordered, we would refund the amount you paid to us, but we won't pay any damages. Moreover, if this amount was paid us more than 3 months prior to the report of our inability to deliver you, at that refund will be added interest calculated at the legal rate, the countdown beginning retroactively on the day of your payment.

For that purpose, you will guarantee that you are the holder of the account Paypal or the bank card to be debited and that the name appearing on that card is in fact your own.

You will then provide the 16-digit number and the expiry date that appear on the front of your bank card and, as applicable, the number of the visual cryptogram appearing on the back. This information will be crypted by through the protocol SSL (confirmed by the apparition of the “https” in the address displayed by your navigator).

The security of this bank information and the online check towards banking institution and agencies will be made by Adyen , finance company approved by Banque de France (Agreement n ° 73829) through its safe solution Adyen.

If the sun owed cannot be debited for any reason whatsoever (objection, refusal by issuing center…), the order will be immediately annulled and the online purchasing process will be cancelled.

In order to fight fraud and abusive usage of bank cards, Adyen may store and automatically process information relating each order, including the bank card information, within respect of the security norm PCI-DSS.

Adyen and KENZO are the recipients of the data related to each order. Failure of transmission of data related to an order will prevent the completion and analysis of the corresponding transaction.

Any non-payment due to a fraudulent use of a bank card will result in recording of the information related to the order associated with that non-payment in a file of non-payment events set up Adyen. An irregular statement or an anomaly may also be subject to specific treatment.

In accordance with the Law of 6 January 1978 on Computers and Information, you have a right, at all times, to access, correct and object to all of your personal data, by writing in a letter including your identity, to Adyen: Simon Carmiggelstraat 6-50, 1011 DJ Amsterdam, Netherlands.

Some banks charge additional fees for foreign money transfers and credit card transactions. You need to clarify this beforehand directly with your bank. KENZO does not bear any international transaction fees.

6 - DELIVERIES

Your KENZO products will be delivered to the shipping address. Except for specific circumstances or the unavailability of one or more KENZO products, the KENZO products in the same order will be sent in one delivery.

We deliver KENZO products in the countries member of European Union: France, Monaco, Greece, Bulgaria, Cyprus (EU), Romania, Germany, Belgium, Italy, Luxemburg, the Netherlands, the United Kingdom, Malta, Denmark, Ireland, the Czech Republic, Austria, Croatia, Malta, Spain, Finland, Hungary, Poland, Portugal, Sweden, Slovenia, Estonia, Latvia, Lithuania and in Slovak Republic.

We do not deliver to outermost regions (i.e. in Guyana, Guadeloupe, Saint-Martin, Martinique, Reunion, Canaries, Acores and Madera) part of the European Union

If you are not located within the territory of one of the countries listed, we ask you to consult the list of KENZO distributors in the countries in question, in our Store Locator.

You can also have KENZO products delivered within those countries to a person of your choice.

No deliveries can be made to hotels or post office boxes.

Deliveries will be made to the address that was entered when the order was placed, after the payment for the order amount has been validated.

Your order will be delivered, via UPS or DHL, in 3 to 7 business days (not including week-ends and national holidays). This delay is indicative. According to the provisions of the French Consumer Code, delivery of items ordered will intervene in any case no later than within 30 days of the order, subject to full payment.

Signature will be required upon delivery.

If, at the time of delivery, the exterior appearance of the package is not perfect, we would ask you to open it in the presence of the shipper, in order to check the condition of the KENZO products that have been delivered. In the event of damage to the products, please provide a specific description on the purchase order.

The rates for delivery are as follows:

            -For orders under 200 €/£, the shipping cost is 10 €/£ to all countries

            -For orders of and above 200€/£, shipping cost is waived.

7 - Transfer OF OWNERSHIP – PASSING OF RISK

The transfer of ownership of the KENZO products will only occur after full payment of their purchase price.

The passing of risk will occur upon delivery, meaning the moment when the KENZO products are handed over at the delivery address that you have provided.

8 –RIGHT OF CANCELLATION - RETURNS

We want you to be fully satisfied with your purchases. Therefore, if you are not satisfied with KENZO products, we offer you the possibility of returning them free of charge and being reimbursed, through exercising your right of cancellation. However we do not make any exchanges.

You have a period of 14 business days to exercise your right of cancellation without the need to justify your reasons or to pay any penalties.

This time period starts from your reception of the KENZO products. When the 14-day period expires on a Saturday, Sunday or legal holiday, it will be extended to the following working day.

To request a return, please access your account in KENZO club and go under “Orders” section. 

  1. Choose the order number that contains product that you want to return and select “create a return”.
  2. Follow the  steps to choose your product, the quantity and provide a reason for the return.
  3. Our shipping company will contact you to arrange the collection of the return and will send you an email with the return shipping label to print and attach to the parcel.

Please reference the order and return numbers in your package

You must return the products to us in their original packaging, complete (with accessories, notice, labels…) and a copy of the order.

This pre-paid shipping label can only be used for a return sent from a country on which we deliver (cf article 6).

The products cannot be returned or reimbursed to any store.

In order to facilitate your providing proof of this return, we advise you to keep the copy of the return tracking number and of the shipping label validated by the shipping company that provides the specific date of your delivery.

We will reimburse you for KENZO products that are returned at the invoiced price (including shipping cost if any and if all products in the order were returned), according to their method of payment, within a maximum period of 14 days following the date on which we acknowledge good receipt of your returned purchases and if they comply with our quality control. You will receive an email confirmation once you have been reimbursed.

You alone will have the authority to exercise this right of cancellation. This right can therefore not be exercised by the party that receives your order.

No reimbursement or exchange will be provided for any KENZO products that are returned incomplete, ruined, damaged, deteriorated, soiled or that have been used . These product(s) will be returned to the client.

9 - LIABILITY - WARRANTY

You must ensure that the KENZO products that have been delivered to you correspond to your order. Should the KENZO products that have been delivered not coincide with your order, then you must inform the Customer Service (contact details are given in the article "Claims - Information") of that fact by telephone or by email and return the Product or Products in question, in accordance with the terms and conditions set out in the “Right of Cancellation” section.

Despite the specific warranty terms and conditions that will be provided to you with the delivered KENZO product, the KENZO products that are presented in our E-Shop are subject to the terms and conditions of the legal warranties set out in articles L.211-4, L.211-5, L.211-7  and L.211-12 of the Consumer Code. So if the product is unsuitable for the intended use, you have 2 years from delivery of the products to play this warranty. It should be noted that the lack of conformity which appears within 1 year from delivery of the products are presumed to have existed at the time of such delivery. In case of non-compliance we will replace the product and if that is impossible, we will refund you.

Consequently, KENZO products presented on the E-shop are subject to the warranty against latent defects sets out in articles 1641 and 1648 of the Civil Code. Accordingly, if the product is unfit for its intended the consumer has to 2 years after discovery of the defect to play this warranty

The performance of all or part of our obligations will be suspended in the event of an accident or natural disaster that prevents or delays their performance.

10 – Claims - information

For any information, claims or questions concerning the conditions of sale of our E-Shop or the KENZO products themselves, you can contact the Customer Service opened from Monday to Friday, except public holidays from 10-18h local French time, phone : +33 (0)1 73 04 21 25, email through the "contact us" form in the FAQ and mailing address : KENZO – Customer service E-Shop – 18 rue Vivienne – 75002 Paris, France.

11 – PROTECTION OF PRIVACY

We take every care to protect your private information.

We have set up an electronic file that collects certain personal data concerning our clients, in accordance with the legislation on the protection of personal information.

At the time you place your first order through our E-Shop, that database will be enriched using information concerning you, which will first of all make it possible to fill your order and then to better meet your expectations and facilitate any assistance that is provided for you by the Customer Service.

This information can be sent to KENZO and to its subsidiaries.

The existence of this database has been disclosed in a declaration provided in accordance with the requirements of Law No. 78-17 of 6 January 1978 on Computers and Information, as amended by Law No. 2004-801 of 6 August 2004.

You have an individual right, provided by law, to access, withdraw and correct the individual information of a personal nature that you have provided to us. You may exercise that right by contacting the Customer Service as mentioned in the previous clause.

Depending on the choices made at the time you created or consulted your account on our website, you have the option of choosing whether or not you wish to receive offers from us or from our partners, or of being informed of specific transactions by email.

If you no longer wish to receive such offers, you may make such a request at any time by modifying your account directly at the www.kenzo.com website.

You can find the declarations concerning the protection of your privacy in our Personal Data Charter and in the website’s Terms of Use.

12 – INTELLECTUAL PROPERTY

The KENZO trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the KENZO products, their accessories or their packaging, whether they are registered or not, are and shall remain the exclusive property of KENZO.

Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever is strictly prohibited.

This also applies to any combination or use in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo. These provisions also apply to all copyrights, designs and models and patents reproduced on the website.

The use of all or part of our E-Shop, in particular by means of downloading, reproducing, transmitting or representation for purposes other than for personal and private use for a non-commercial purpose is prohibited.

13 – CHOICE OF LAW – Language disputes

Our General Conditions of Sale are governed by and subject to French law. They have been drafted in French. In the event that they are translated into one or more other languages, only the French text shall be binding in the event of a dispute.

In case of dispute, you have the option, before any legal action, to seek an amicable solution, including using conventional mediation or any other alternative mode of settlement of disputes. Any disputes which may arise under our General Conditions of Sale concerning either their validity, interpretation, performance, termination or various consequences will be brought before the French courts for adjudication.