GENERAL TERMS OF SALE
applicable to Kickers.com
Welcome to the kickers.com site (hereinafter the “Site”), an online footwear retail site.
Our sales are reserved for individuals.
Before ordering on the Site, the customer (hereinafter the “Customer”), is asked to carefully read these general terms of sale that apply to all orders placed via the Site.
The Site is operated by the ROYER RETAIL company. All particulars of the Site and of the company operating it (hereinafter the “Seller”) are indicated in the legal information page.
1. CREATION OF THE USER ACCOUNT
The Customer must firstly create a user account within the “My Account” area.
The user account serves to identify the Customer, thereby avoiding the need to enter his/her particulars with each new connection. This user account provides the Seller with the necessary information for processing orders.
The user account notably allows the Customer to:
- Review and modify his/her information
- Review and modify his/her delivery addresses
- Modify his/her password
- Subscribe to the newsletter
- Monitor his/her orders and returns online.
To create a user account, the Customer must accept cookies.
The Customer must also provide his/her contact details, an e-mail address and a telephone number, and must select a password in order to protect the access to his/her user account.
The Customer must under no circumstances indicate his/her password to a third party. Otherwise, the Seller cannot be held liable in case of any fraudulent usage of this password and of the Customer’s user account.
Should the Customer forget his/her password, s/he can ask the Seller to provide it once again, using the e-mail address provided when creating the user account.
Only one user account is created for each e-mail address.
2. THE ORDER
Five steps must be followed in order to place an order on the Site, before this order can be validated.
- Step 1: Validation of the Basket
After having chosen products, the Customer is asked to confirm the content of his/her basket, which lists the references, sizes, colours and quantities of products.
- Step 2: Choice of the delivery address
The Customer is asked to provide his/her delivery address, or to select one of the various addresses indicated in his/her user account
- Step 3: Choice of the Delivery method
The Customer is asked to choose one of the various delivery methods. The relevant costs are indicated with all taxes:
- for a standard delivery in mainland France: €3.99
- for an express delivery in mainland France: €8.00
- for a standard delivery in the countries outside of mainland France to which the Seller delivers products (as listed in article 4.2): 4.95€
- Step 4: Validation of the General Terms of Sale
The Customer is asked to confirm his/her acceptance of these General Terms of Sale.
- Step 5: Payment provisions
The Customer is asked to select the payment method that s/he wishes to use for the order.
Payment for orders can be made by bank card (CB, E-Carte bleue, Maestro or American Express) or by Paypal.
The Seller uses the PAYBOX secure payment service that adheres to the SSL security standard. Confidential data (card number, expiry date) are encoded and sent directly to the PAYBOX server, which is itself directly connected to the servers of the banks in question. These data are never collected or retained by the Seller.
This page acknowledges receipt of the Customer’s order. This provides the Customer with an order summary as well as the order number, the amount invoiced, and the delivery provisions.
This acknowledgement of receipt validates the transaction, subject to subsequent verification of the order’s compliance with these general terms of sale, and receipt of the payment. The order will only be sent after the Seller has recorded the payment by bank card, Maestro, American Express or after receipt of the Paypal payment.
An e-mail confirmation will be sent to the customer’s e-mail address.
3. FULFILMENT OF THE ORDER
4.1 Unavailability of products
If an ordered product is not available, the Customer is so informed and will not be debited for this sum. Should a product become unavailable after the order and the collection of the corresponding sum, the Seller will so inform the Customer by e-mail and provide a refund as soon as possible.
4.2 Order cancellation or order refusal by the Seller
The Seller reserves the right to cancel or refuse any order from a Customer with whom there has been a dispute or payment incident relative to a prior order, or in case of the abnormal nature of the order.
4.1 The products will be sent to the delivery address indicated by the Customer when ordering.
4.2 It must be noted, however, that for technical and logistical reasons, deliveries can only be made to the Customer in the following countries:
- France (excluding DOM-TOM)
- To choose between: Ireland, Austria, Slovenia, Italy, Sweden, Belgium, Lithuania, Bulgaria, Latvia, Cyprus, Luxembourg, Croatia, Malta, Denmark, Netherlands, Spain, Poland, Estonia, Portugal, Finland, Czech Republic, Germany, Romania, Greece, Hungary, Slovakia
4.3 The Seller strives to prepare and ship, on that same day, any order placed on the Site and paid before 11:30 AM, Monday to Friday (excluding public holidays), subject to validation of the payment. Orders placed after 11:30 AM are processed on the next business day.
The Seller strives to deliver the products within the time limit indicated to the Customer with the order validation.
4.4 The parcel will be insured by the Seller while in transit to the Customer.
The Seller cannot be held liable for non-delivery in case of force majeure, disruption or total or partial strike, notably of the postal services and transportation and/or communications means, flooding and fire.
Similarly, in case of error in the particulars provided by the Customer, the Seller cannot be held liable should it prove impossible to deliver the merchandise.
5. ORDER ACCEPTANCE
The Customer must check the contents of the parcel at the time of delivery and, in case of defective or missing merchandise, s/he must so inform customer service as soon as possible.
In these two cases, it is essential for the Customer to keep the products in their packaging and in the condition in which they had been delivered.
6. RETURNS AND WITHDRAWAL
6.1 In compliance with the applicable legal provisions, the Customer has an interval of 14 days as receipt of the products in order to exercise his/her right of withdrawal. In case of an order consisting of several products delivered separately, the time limit begins upon receipt of the last product.
The Customer must then return the product(s) that are the subject of the withdrawal, under the conditions indicated in this article, at the latest 14 days after informing the Seller of his/her decision to exercise the right of withdrawal.
Products meeting the return conditions listed in this article will be reimbursed to the Customer within 14 days after notification of the Customer’s withdrawal request, subject to their receipt by the Seller. If relevant, the reimbursement can be withheld until the actual receipt of the said products. The Seller will provide the reimbursement using the same payment method as the one used by the Customer when placing the order (except in case of a payment for the initial transaction by E-Carte Bleue or a bank card that has subsequently expired, with the Customer’s refund then being provided by bank transfer).
In case of receipt of a return parcel with content that does not comply with the return request or in which the products do not meet the return conditions listed above, the Seller reserves the right to refuse the return and to send the parcel back to its sender.
In case of an order involving several products, only the return of the entire order will result in reimbursement of the possible shipping charges. The Seller is also not required to reimburse additional shipping charges if the Customer has deliberately chosen a more expensive delivery method than the standard delivery method proposed by the Seller.
The returned products(s) must be new, unused and in their perfectly intact original box. In case of product depreciation as a result of handling in excess of the handling needed to determine the nature, characteristics and correct operation of the product, the Customer can be held liable.
6.2 For purposes of simplification and optimisation, a simplified procedure has been set up, and is available in the “My account” section.
- Step 1: “My account” space
The Customer connects to the “My account” area by means of his/her e-mail address and password, and then looks in the “My orders” section.
The Customer selects the order containing the Product that is the subject of the withdrawal and fills out the form.
If the order includes several Products, the Customer then selects, as part of the return request, the Products that are the subject of the withdrawal.
- Step 3: Obtaining of the prepaid transportation label
Once the request has been validated by the customer service, the Customer will receive an e-mail to confirm the request, with a link that can be used to print the prepaid transportation label. Should the Customer return the products using a transportation method not validated by the Seller, s/he cannot claim any reimbursement from the Seller.
- Step 4: Deposit of the parcel
The Customer provides the parcel to the postal network (La Poste).
6.3 The return request can also be made by sending, within the time limits indicated in article L. 221-18, the form reproduced below or of any other declaration that unambiguously expresses the Customer’s desire to withdraw from the sale, while indicating the order number and products(s) included in this withdrawal.
Withdrawal form template
For the attention of the Customer service for the KICKERS site, 51 avenue du Maréchal Leclerc 49300 CHOLET:
— I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract relative to the sale of the item (*) indicated below [Indicate the product(s) to which the withdrawal relates]
— Ordered on (*)/received on (*)
— Order N°
— Name of the Customer(s)
— Address of the Customer(s)
— Signature of the Customer(s) (only if this form is submitted on paper)
(*) Strike the unnecessary response
Direct costs for returning products incurred by the Customer in case of a return using a method other than the procedure indicated in the Site’s “My account” area are exclusively the responsibility of the Customer.
7. COMPLIANCE, HIDDEN DEFECT
7.1 Legal compliance guarantee
The Seller is bound by the legal compliance guarantee indicated in articles L217-4 et seq of the French Consumer Code:
Article L217-4 of the French Consumer Code:
“The seller delivers an item that complies with the contract, and answers for compliance faults existing at the time of the delivery.
It also answers for compliance faults resulting from the packaging, assembly or installation instructions when it is responsible for the latter or they are performed under its responsibility.”
Article L217-5 of the French Consumer Code:
“The item is compliant with the contract:
1° If it is suitable for the usually expected purpose of a similar item and, if relevant:
- if it corresponds with the description given by the seller and has the qualities indicated to the buyer in the form of a sample or model;
- if it has the qualities that a buyer could legitimately expect in view of the public statements made by the seller, by the producer or by its representative, notably through any advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for a particular usage desired by the buyer, that has been indicated to the seller and accepted by the latter.”
Article L217-12 of the French Consumer Code:
“Actions relating to a compliance fault are subject to a limitation of two years as of the delivery of the item.”
Under the legal compliance guarantee, the Customer:
- has a time limit of two years after receipt of the item in which to act against the Seller;
- can select between the repair or replacement of the item, subject to the cost conditions indicated in article L. 217-9 of the French Consumer Code;
- is not required to prove the existence of the item’s compliance fault for a period of 24 months after delivery of the item, except in case of used items.
The legal compliance guarantee applies independently of any commercial warranty.
Finally, it is recalled that the consumer can decide to implement the guarantee against hidden defects affecting the item sold pursuant to article 1641 of the Civil Code and that, in this case, s/he can select between cancellation of the sale or a reduction of the sale price in compliance with article 1644 of the Civil Code.
7.2 Guarantee relative to hidden defects
The Seller is subject to the guarantee against hidden defects as indicated in the following articles:
Article 1641 of the Civil Code:
“The seller is bound by the guarantee against hidden defects in the item sold that render it unsuitable for its intended purpose, or that so diminish this purpose that the buyer would not have acquired it, or would only have paid a reduced price if s/he had been aware of them. »
Article 1648 of the Civil Code:
“The action resulting from critical defects must be brought by the buyer within a period of two years of discovery of the defect.” »
7.3 Application of these guarantees
Products returned in connection with the guarantees indicated above must not have been used for longer than necessary in order to establish the defect, or under abnormal usage conditions.
8. LIABILITY EXEMPTION
Hypertext links may lead to other sites. The Seller cannot be held liable should the content of these sites violate the legal and regulatory provisions in effect.
The seller also declines all liability in the event of:
- damages resulting from a fraudulent intrusion by a third party that resulted in a modification of the information made available on the Site
- more generally, all direct or indirect damages regardless of their cause, origin, nature or consequences, resulting from the access to the Site by an unauthorised person or from the inability to access it, as well as from the usage of the Site and/or from the weight given to any information coming directly or indirectly from the latter.
The Site is accessible 24-by-7 except in case of force majeure and any maintenance servicing needed in order to ensure its smooth operation. These interruptions cannot result in any compensation. The Site has been developed so as to be compatible with the Internet Explorer, Firefox, Chrome and Safari browsers, and for optimal viewing with a minimum screen resolution of 320 pixels or more. The Seller declines all liability in case of non-optimal consultation should the Customer not adhere to these data.
9. PROTECTION OF PERSONAL DATA
The Customer is informed that his/her personal data can be collected on the Site and used by the Seller - in its capacity as processor - according to the following provisions, in conformity with the French Data Protection Act 78-17 of 6 January 1978 amended by the law of 6 August 2004, Regulation (EU) 2016/679 of the European Parliament, and the law transposing this regulation into French law.
In compliance with the regulations on personal data protection, the Customer can exercise his/her rights regarding access, correction, deletion, opposition, limitation and portability of his/her personal data.
The nature of the personal data, the processing purposes, the legal basis of the processing, the retention time of these personal data, the recipients of these personal data, as well as the Customer’s rights regarding his/her personal data are described in the Site’s data protection policy provided on the page [LINK], which the Customer acknowledges having reviewed.
10. INTELLECTUAL PROPERTY
The owner of the KICKERS trademark is the sole owner of the copyrights and other intellectual and industrial property rights used on the Site.
Any unauthorised use of all or part of these rights by third parties can result in the initiation of legal proceedings. Any total or partial reproduction of the Site, whether in France of abroad, is strictly prohibited on the basis of the prevailing legal provisions relative to intellectual and artistic property.
11. Cost of the connection
The Customer is exclusively responsible for all costs for connecting to the Site, visiting the Site and placing an order, regardless of the duration and technical specifics of his/her connection.
12. CUSTOMER SERVICE
For any information request or question, the Site’s customer service can be reached:
- by telephone from Monday to Friday, 9 AM to 12:30 PM and 2 PM to 5 PM, by calling 0800 805 002 (toll free);
- using the contact form and
- by letter sent to the address:
Kickers site Customer Service
51 avenue du Maréchal Leclerc
13. DISPUTE, MEDIATION and APPLICABLE LAW
13.1In compliance with article L.612-1 of the French Consumer Code, the Seller informs the Customer of the existence of a consumer mediation system set up in order to resolve any possible dispute by amicable means.
To this end, the Site is a member of the FEVAD
60 rue la Boétie
A referral to this FEVAD Mediator service is possible in case of any consumer dispute. For instructions on referrals to the Mediator, click here
Moreover, pursuant to article 14.1 of Regulation (EU) n°524/2013 of the European Parliament and of the Council of 21 May 2013, the Seller provides the Customer with the electronic link to the online dispute settlement platform set up by the European Commission:
13.2 Barring mandatory contrary provisions such as the ones resulting from Regulation EC n°593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), these GTS are subject to French law.