KENZO manufactures and markets KENZO products directly and indirectly all over the world.
While maintaining our network of boutiques that sell KENZO products (the “KENZO Products”), we also have an online shop that is accessible at the following address: http://www.kenzo.com (the “Website”).
A detailed description of KENZO Products is available when looking at each KENZO Product individually on the Website.
Our Website format 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”) relates to your purchase of the KENZO Products from the Website and is reserved solely for the use of individual consumers purchasing KENZO Products exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.
1 – SCOPE OF APPLICATION
These General Conditions of Sale apply to all of your orders involving KENZO Products that are sold through our Website and purchased by you. We ask you to read them carefully.
You can access these General Conditions of Sale at any time at our Website and keep an electronic or printed copy of them.
These General Conditions of Sale remain in effect as long as they appear on our Website.
These General Conditions of Sale do not govern the provision of services, or the sale of products by entities other than KENZO, even in cases where those services or products are presented on the Website via links, banners or other hypertext links. Before placing an order and/or purchasing products and services from entities other than KENZO, you are invited to check the conditions of sale applied by such entities. KENZO will not be held liable for the provision of services or sale of products by third parties.
2 – IDENTIFY OF THE OFFERING PARTY
The 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 from the Website, using the following procedures:
3.1 Placing Orders
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 have chosen will no longer be available. You will then be asked to re-enter your selection of KENZO Products from the beginning.
Some products can be pre-ordered. These products are identified as pre-orderable, on the Website. Unless specific provision related to pre-ordered products indicated in these General Conditions of Sale, the same provisions apply to orders and pre-orders.
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. Any order placed implies, from your side, an obligation to pay for it.
For any order that you place through our Website, a confirmation email will be sent to you with your order number and the details of the KENZO Products you have ordered.
All of the steps necessary to place an order are described on our Website.
We keep a copy of any orders for 6 years.
Despite all the care we take in presenting the KENZO Products on our Website, we cannot guarantee that their real appearance will correspond exactly to how they appear on our Website, your computer screen or mobile device.
Where permitted by law, we reserve the right to limit the quantities of KENZO Products that we supply, and/or to refuse any order for any reason including orders that appear to us to be unusual, designed to permit resale of KENZO Products, fraudulent orders or orders 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 on a previous order.
Certain KENZO Products may be subject to certain import restrictions specific to your country. In that circumstance, 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 and Sterling (for Great Britain), including taxes and duties, respecting the rules of the shipping country.
The price of the KENZO Products to be delivered in:
- the United States are shown in Dollars with duties calculated in the cart if the amount is over $800;
- Japan are shown in Yen with relevant taxes calculated in the cart (8% of the price given).
You will not receive a VAT refund for your purchases on our Website.
A printed invoice will be sent with your KENZO Products.
We pay the closest attention to the accuracy of the prices on our Website. However, in the case of an error on our part and subject to applicable law, we reserve the right to not provide the KENZO Products for which the posted price was manifestly incorrect.
We can modify the prices listed on our Website at any time and without prior notice. However, such modified prices will only be applied to new orders made after the price change, and will not affect the pricing on orders that have already been placed.
There is no duty if the KENZO Products are shipped to you in the European Union. Outside the EU, customs duty and import tax are specific to the particular country. Customs authorities in each country calculate duty and tax based on a number of factors, including:
- the category in which the KENZO Product is classified in the international Harmonized Code (HS) system;
- the value of the KENZO Product (based on the price you paid);
- for most countries, duty is calculated on a “CIF” basis (meaning Cost, Insurance and Freight), so the shipping charges you pay will also be factored in to the calculation of the amount of duty you will pay.
At the checkout page, you will have information on the cost of shipping your items before you make the purchase using Borderlinx Europe SA’s Total Cost Calculator™ (Borderlinx Europe SA is a stock company (“société anonyme”) organized under the laws of Belgium, having its registered office at 32 avenue Louise, 1050 Brussels, Belgium and registered with the Crossroads Bank for Enterprises under number 0898.513.572 on behalf of itself and its Affiliates.)
The total cost of your order includes:
- The KENZO Product purchase price (including all applicable local taxes and handling fees);
- Customs duty, import tax and any local clearance fees applicable for your country;
The final total cost with shipping fees will be recalculated once you have specified your delivery address and chosen your shipment method.
You will pay for the KENZO Product and the cross-border delivery in a single checkout.
For countries where tax and duty is pre-calculated and pre-paid, you will generally not see Customs paperwork and your total cost is fixed and guaranteed. You should be aware that the actual tax and duty charged by the Customs authorities in your country sometimes turns out to be higher or lower than the amount you paid, for a number of reasons. For example, a particular Customs authority may classify your product in a different category in the Harmonised Code (HS) system from the category used by the Total Cost Calculator, or your local Customs authorities may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of our calculation and the time the tax and duty is paid to Customs authorities. In such situations, you will not receive a refund (if the amount is less) or be charged extra (if the amount is greater). This is due to the administrative time and costs that such arrangements would require.
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, Germany and Switzerland, Ideal in the Netherlands and Bancontact in Belgium.
For orders made through Mobile phone, payment through Applepay is accepted.
Your credit card will be charged (or your debit card debited) (i) at the time of shipment of your order, for orders delivered in a European Union member country; (ii) thirty minutes after placement of your order, for orders delivered in USA, Norway and Switzerland.
Payments made with Paypal, Sofort, Bancontact and Ideal are debited immediately.
For pre-orders, payments are debited immediately, regardless the method of payment.
In jurisdictions where permitted, 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 to us more than 3 months prior to the report of our inability to deliver to you, additional interest calculated at the legal rate will be deducted, the countdown beginning retroactively on the day of your payment.
For that purpose, you will guarantee that you are the holder of the Paypal account or the bank card to be charged or 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 encrypted using current industry standards (including the SSL protocol) (confirmed by the appearance 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 amount owed cannot be charged or debited for any reason whatsoever (objection, refusal by issuing center, etc.), the order will be immediately cancelled and the online purchasing process will be terminated.
In order to fight fraud and abusive usage of bank cards, Ayden may store and automatically process information concerning each order, including the bank card information, but at all times consistent with the security norm of the lasts version of PCI-DSS.
Ayden 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 Ayden.
An irregular statement or an anomaly may also be subject to specific treatment.
In accordance with the Privacy Law dated 6 January 1978 related to Data Protection, you have the right, at all times, to access, correct and oppose to all or part of your personal data, by writing in a letter including your identity, to Ayden: Simon Carmiggelstraat 6-50, 1011 DJ Amsterdam, THE NETHERLANDS.
Some banks charge additional fees for foreign money transfers and credit card transactions in foreign currencies. If your order is not priced in the currency of your country, you should confirm the applicability of any fees before placing your order with your bank. KENZO will not be liable for additional charges associated with foreign currency transactions.
6 - DELIVERIES
Your KENZO Products will be delivered to the shipping address specified in your order. Except for specific circumstances or the unavailability of one or more KENZO Products, the KENZO Products in the same order will be sent as part of one delivery.
Pre-orders shall be delivered within the delivery window indicated on the Website (before pre-order’s confirmation and payment).
We deliver KENZO Products in the member countries of the European Union: France, Monaco, Greece, Bulgaria, Cyprus, Romania, Germany, Belgium, Italy, Luxemburg, the Netherlands, the United Kingdom, Denmark, Ireland, the Czech Republic, Austria, Croatia, Malta, Spain, Finland, Hungary, Poland, Portugal, Sweden, Slovenia, Estonia, Latvia, Lithuania, Slovak Republic. We also deliver KENZO Products to the United States (excluding US territories and Puerto Rico), Japan, Norway and Switzerland.
We do not deliver to outermost regions (i.e. in Guyana, Guadeloupe, Saint-Martin, Martinique, Reunion, Canaries, Acores and Madera) 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.
For delivery in the European Union, your order will be shipped, via UPS, DHL or CHRONOPOST, in 2 to 3 business days (not including week-ends and national holidays). These delivery dates are indicative only. In compliance with the French Consumer Code provisions, delivery of items ordered (excluding pre-orders) will occur in any case no later than within 30 days of the order, subject to full payment.
For delivery outside the European Union, your order will be picked up by Borderlinx’s shipping partner directly from the KENZO warehouse. Borderlinx will handle all required procedures for international shipping and customs clearance. As the recipient of the package, you will be designated as the “Importer of Record,” and by submitting your order you appoint Borderlinx as your agent to manage all import and customs clearance procedures and to ensure that applicable customs duties and taxes are paid to the relevant customs and tax authorities in your country.
Although Borderlinx handles KENZO’s international shipping, you will not be contacted by Borderlinx or its shipping partners except for routine communication necessary to deliver your items or to make arrangements for pick-up if you need to return an item.
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 carrier, in order to check the condition of the KENZO Products that have been delivered. In the event of damage to the Kenzo Products, please provide a specific description on the purchase order.
The rates for delivery are specified on the Website and are subject to revision or modification from time to time. Delivery charges may be waived for purchases over a certain value.
You will receive, upon delivery, for each Product, a receipt with written confirmation of the price paid with the retail product prices and delivery charges if applicable.
7 - TRANSFER OF OWNERSHIP – PASSING OF RISK
The transfer of title and ownership of the KENZO Products will only occur after full payment of the purchase price.
On the other hand, the risk transfer will occur upon delivery of the KENZO Products, 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. (If you need to exchange a KENZO Product for a different size or color, the originally purchased KENZO Product must be returned and then a new KENZO Product ordered.)
You have a period of 14 calendar days from delivery to exercise your cancellation right without the need to justify your reasons or to pay any penalties.
This time period runs from delivery of the KENZO products to you. 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 on the Website and go to the “Orders” section.
- Choose the order number that contains KENZO Product that you want to return and select “create a return”.
- Follow the steps to choose your KENZO Product and provide a reason for the return.
- Our shipping company will contact you to arrange the collection of the return and will send you an email with the return shipping label and commercial invoice (applicable only for US returns) to print and attach to the parcel.
Please reference the order and return numbers in your returns package.
You must return the KENZO Products to us in their original packaging, complete (with accessories, notice, labels, etc.) and a copy of the order.
The pre-paid shipping label can only be used for a return sent from a country on which we deliver (cf article 6).
The KENZO Products cannot be returned to any retail store and must be returned via this process.
In order to facilitate returns, 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.
As from the date on which you create your return on the Website, you have a net period of 14 calendar days to return your KENZO Products.
We will reimburse you for returned KENZO Products at the invoiced price, according to the original 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 review. Delivery and duties charges are reimbursed if you return the original order in its totality. They will be withheld for partial returns.
You will receive an e-mail confirmation, once the Product returned and reimbursement executed. Only the person that placed the original order can initiate a return and a return cannot be initiated by another party that received the original 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. KENZO Products in such condition will be returned to You and no refund will be given.
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 team (using the contact details given in the article "Claims - Information") 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 - Returns” section.
Despite the specific warranty terms and conditions that will be provided to you with the delivered KENZO Product, the KENZO Products that are offered on our Website 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 French Consumer Code. So, if the product is unsuitable for the intended use, you have 2 years from delivery of the KENZO Products to utilize this warranty. It should be noted that the lack of conformity which appears within 1 year from delivery of the KENZO Products are presumed to have existed at the time of delivery. In case of non-compliance we will replace the KENZO Product and if that is impossible, we will refund the total cost of your order to you.
KENZO Products presented on the Website also are subject to the warranty against latent defects sets out in articles 1641 and 1648 of the French Civil Code. Accordingly, if the product is unfit for its intended use, you will have up to 2 years after discovery of the defect to claim this warranty. In case of hidden-defect, we will replace the KENZO Product and if that is impossible, we will refund the total cost of your order to you.
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 these General Conditions of Sale for purchases on our Website or the KENZO Products themselves, you can contact the Customer Service team, speaking French or English languages, available from Monday to Friday, except public holidays) on 9h30 to 18h local French time, by phone : +33 (0)1 73 04 20 58, by email firstname.lastname@example.org, or by mail: KENZO – Customer Service Website – 18 rue Vivienne – 75002 Paris, France
11 – INTELLECTUAL PROPRERTY
KENZO trademark, figurative or non-figurative trademarks, illustrations, visuals, logos appearing on KENZO Products, accessories, or packaging, whether or not registered, are exclusively owned by KENZO.
Any total or partial copy, modification, use of these trademarks, illustrations, visuals and logos, for any reason whatsoever and on any communication support whatsoever is strictly forbidden.
12 – CHOICE OF LAW – Language disputes
12.1 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.
12.2 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.
Should you need further information, or for any claims, you can contact the Customer Service (contact details in Article 10 of the present General Conditions of Sale).
In accordance with the provisions of the French Consumer Code, KENZO has appointed the Paris Mediation and Arbitration Center (CMAP), as its Consumer Mediator.
Contact details of CMAP:
39 avenue Franklin Roosevelt – 75008 Paris – France
www.cmap.fr / phone: 0 44 95 11 40.
In case your claim is not solved amicably with the Customer Service, you may seize our Consumer Mediator, the CMAP: http://www.cmap.fr/you-are/a-consumer/?lang=en
For European level issues, the European Commission has dedicated an on-line dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
12.3 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.